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12/19/2023Tuesday, December 19, 2023 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda December 19, 2023City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. All comments received by 5:00 p.m. the day before the meeting will become part of the official record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting will become part of the official record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 December Service Awards 5. Approval of Minutes 5.1 Approve the minutes of the December 7, 2023 City Council meeting as submitted in written summation by the City Clerk. Public Hearings - Not before 6:00 PM Page 2 City of Clearwater Printed on 12/14/2023 December 19, 2023City Council Meeting Agenda 6. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 6.1 Approve the City of Clearwater’s Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER). (APH) 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 9726-23 on second reading, making amendments to the Community Redevelopment Code by amending Appendix C, Downtown District and Development Standards, Division 3. Character District Standards and Division 8. Flexibility. 8. Citizens to be heard re items not on the agenda - For purposes of this role, “items pertaining to city business” includes any matter within the Council’s or the City Manager’s power to act, any matter that the Council previously voted on or discussed at the dais, or any matter discussed by or scheduled to be considered by another governmental entity that affects the operation of the City. Each person who wishes to address the Council shall complete a comment card and submit the card to the City Clerk (right-hand side of dais) before the speaker will be permitted to speak. However, if the speaker has just arrived or decided to speak, the Chair may allow the card to be filled out after speaking. Individuals will limit their comments to a maximum of three minutes. The Mayor shall advise the speaker that their time has expired. If the person remains at the podium, thereby interfering with other persons who may wish to be heard, the speaker’s microphone may be turned off, or the Mayor may rule the person out of order in accordance with Rule 15. 9. City Manager Reports Page 3 City of Clearwater Printed on 12/14/2023 December 19, 2023City Council Meeting Agenda 9.1 Authorize a purchase order to Ten-8 Fire Equipment Inc of Bradenton FL, for the purchase of a new Heavy Duty Pierce Velocity Heavy Rescue in the amount of $1,714,451.95 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and Section 2.563(1)(d), Impractical to bid; declare G3264 surplus effective upon receipt of the purchased vehicle and authorize disposal at auction in accordance with Clearwater Code of Ordinances Section 2.622 or authorize trade-in in accordance with Section 2.624, whichever is deemed to be in the City’s best interest, and authorize the appropriate officials to execute same. 9.2 Approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after February 1, 2024 and pass Ordinance 9739-23 on first reading. 9.3 Approve the First Amendment to the Collective Bargaining Agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 (CWA) for Fiscal Year 2023/2024 and authorize the appropriate officials to execute same. 9.4 Approve an agreement between Aquatic Informatics, located in Vancouver, BC, and the City of Clearwater Public Utilities for the purpose of using Linko software for tracking of fat, oil, and grease removed from the system’s wastewater from January 1, 2024 through December 31, 2024, in the amount of $21,074.00 and authorize the appropriate officials to execute same. 9.5 Approve the Air Rights easement grant from the City of Clearwater to the connecting property owner’s Clearmar, LLC, and Triprop Clearwater, LLC, for the development of an elevated pedestrian bridge linking their respective South Gulfview properties, and to further provide responsibilities for the development, installation, insurability, and required maintenance of said aerial pedestrian bridge as located in Clearwater, Florida and authorize the appropriate officials to execute same. 9.6 Amend City Council Policies 2-21, Special Events Fee, and establish City Council Policy 5-9: Taxation of Fringe Benefits Provided to City Employees, Former Employees, and Elected Officials. 9.7 Council Discussion of the Use of Shipping Containers On Cleveland Street. 10. City Attorney Reports 10.1 Create Council Rule 16 requiring measurable annual goals for the City Manager and City Attorney and adopt Resolution 23-19. 10.2 Adopt Resolution 23-20 regarding PSTA local bill. 10.3 Downtown Development Board. Page 4 City of Clearwater Printed on 12/14/2023 December 19, 2023City Council Meeting Agenda 10.4 Approve agreement and pre-construction phase proposal for Construction Manager at Risk (CMAR) services with Ajax Building Company, LLC of Midway, FL, for the City Hall and MSB Renovation Project (22-0019-EN) in the amount of $379,965.00 pursuant to Request for Qualifications (RFQ) 59-23 and authorize the appropriate officials to execute same. 11. Other Council Action 11.1 Discuss public use of The Landings - Councilmember Beckman 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 5 City of Clearwater Printed on 12/14/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1432 Agenda Date: 12/19/2023 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: December Service Awards SUMMARY: 5 Years of Service Patricia Demilo City Manager’s Office 10 Years of Service Kimberly Handville Gas Charles Stewart Information Technology Jamie Gatewood Parks & Recreation 15 Years of Service Duane Barto Public Utilities Nicholas Capogna Police Sherry Ryder Public Utilities 20 Years of Service Philip Kirchoffer Library Frank McCormick Solid Waste Vicky Britton Police Page 1 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1432 Page 2 City of Clearwater Printed on 12/14/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1550 Agenda Date: 12/19/2023 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the December 7, 2023 City Council meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 12/14/2023 City Council Meeting Minutes December 7, 2023 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, December 7, 2023 6:00 PM Main Library - Council Chambers City CouncilDraftMeeting Minuteseting Minutes Thursday, December 7, 2023sday, December 7, 2 6:00 PM6:0 Main Library Libra - Councilounc C City Council Meeting Minutes December 7, 2023 Page 2 City of Clearwater Roll Call Present:5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember David Allbritton, Councilmember Kathleen Beckman and Councilmember Lina Teixeira Also Present:Jennifer Poirrier – City Manager, Michael Delk – Assistant City Manager, Daniel Slaughter – Assistant City Manager, David Margolis – City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Aungst, Sr. The meeting was called to order at 6:00 p.m. 2. Invocation – Rev. Norma Fontaine Philbert from Garden of Grace Ministries 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Community Fall Celebration Update - Marilyn Turman, Clearwater Urban Leadership Coalition, Director of Communications 5. Approval of Minutes 5.1 Approve the minutes of the November 16, 2023 City Council meeting as submitted in written summation by the City Clerk. Councilmember Beckman moved to approve the minutes of the November 16, 2023 City Council meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Consent Agenda – Approved as submitted, less Item 6.7. 6.1 Receive update on all ARPA-LFRF competitive grant programs and approve grant award recommendations for Cultural Affairs Nonprofit Grant Program, subject to negotiation and execution of grant agreements, and the authorize appropriate officials to execute same. (consent) 6.2 Authorize agreements with BayCare Urgent Care, LLC, and Life Extension Clinics, Inc. Draft er, d Nicole da order although not order although not called to order at 6:00 p.m.t 6:00 p.m. ntaine Philbert from Garden of Grace Ministries t from Garden of Grace Minaftnitions and Presentations (Proclamations, service awasentations (Proclamations, service aDranitions. Presentations by governmental agencies or grons. Presentations by governmental agencies or gDraates to Council will be limited to ten minutes.) – Givenates to Council will be limited to ten minutes.) – GivDraCommunity Fall Celebration UpdateCommunity Fall Celebration Update - - Marilyn Turman, ClearMarilyn Turman, Clear Coalition, Director of CommunicationsCoalition, Director of Communications pproval of MinutespprovaDApprove the minutes of the November 16Approve the minutes of the Nov tten summation by the City Clerk.tten summation by the City C Councilmember ilmembe November 16November 1 summatiosummati carriecarri City Council Meeting Minutes December 7, 2023 Page 3 City of Clearwater dba Life Scan Wellness Centers for Employment Related Health Care Services in the cumulative annual amount of $465,000.00 with three, one-year renewal options pursuant to RFP 53-23 and authorize the appropriate officials to execute same. (consent) 6.3 Approve the Evergreen implementation strategy regarding the Classification and Compensation Study and approve the appropriation of funding in the Fiscal Year 23/24 Budget. Presentation of the Evergreen Solutions Classification and Compensation Study by Karl Fuchs of Evergreen. (consent) 6.4 Approve a purchase order to Pennoni Associates Inc. in an amount not to exceed $140,100 to provide professional services in connection with providing GIS and engineering services for a mapping of the Clearwater Municipal Cemetery and authorize the appropriate officials to execute same. (consent) 6.5 Approve a purchase order to Pennoni Associates, Inc. in an amount not to exceed $99,500 to provide professional services in connection with the design and repairs of Pier 60 and authorize the appropriate officials to execute same. (consent) 6.6 Approve a purchase order to Pinellas Regional Information Management Enterprise (PRIME) for the personnel and operating expense of PRIME in the amount of $317,615.00 and authorize the appropriate officials to execute same. (consent) 6.7 Authorize a purchase order to Alan Jay of Sebring, FL for the purchase of eight Police Pursuit Vehicles in a not to exceed amount of $428,152.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback; authorize lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests; authorize an increase of $80,000.00 to the current Purchase Order with Enforcement One of Oldsmar, FL for the upfitting of these additional eight vehicles bringing the total annual amount to $330,000.00 pursuant to ITB 46-22, Police Vehicle Upfitting Services, and authorize the appropriate officials to execute same. (consent) See below. 6.8 Authorize a purchase order to Hewlett-Packard Enterprise, of Spring, TX, for the equipment lease of desktops, laptops, and tablet computers in an amount not-to-exceed $1,490,000, for the term of December 1, 2023 through June 30, 2025, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.9 Authorize a purchase order with Verizon Wireless for cellular and mobile data services in an amount of $2,950,000.00 , for the term October 1, 2023 through August 23, 2026, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Draft sca d Compeno n an amount not to exceed n amount not to excee ection with providing GIS and ith providing GIS and arwater Municipal Cemetery and authorizecipal Cemetery and aut (consent) oni Associates, Inc. in an amount not to exceed c. in an amount not to exceed l services in connection with the design and repairs of nnection with the design and repairs of ppropriate officials to execute same. (consent)ls to execute same. (consent) e order to Pinellas Regional Information Management Enterprisas Regional Information Management Enterp e personnel and operating expense of PRIME in the amount ofoperating expense of PRIME in the amount o 0 and authorize the appropriate officials to execute same. (conhe appropriate officials to execute same. (c horize a purchase order to Alan Jay of Sebring, FL for the purcorize a purchase order to Alan Jay of Sebring, FL for the pu Pursuit Vehicles in a not to exceed amount of $428,152.00 puPursuit Vehicles in a not to exceed amount of $428,152.00 pu of Ordinances Section 2.563(1)(c), Piggyback; authorize leof Ordinances Section 2.563(1)(c), Piggyback; authorize le Master Lease Purchase Agreement or internal financinMaster Lease Purchase Agreement or inte Capital Improvement Fund, whichever is deemed tCapital Improvement Fund, whichever is de authorize an increase of $80,000.00 to the currauthorize an increase of $80,000.00 to the cu of Oldsmar, FL for the upfitting of these addof Oldsmar, FL for the upfitting of these ad mount to $330,000.00 pursuant to ITB mount to $330,000.00 pursuan horize the appropriate officials tohorize the appropriate officia purchasepurchas asease City Council Meeting Minutes December 7, 2023 Page 4 City of Clearwater authorize the appropriate officials to execute same. (consent) 6.10Approve Supplemental Work Order 1 to CHA Consulting, Inc., of Tampa, FL, for the Water/Reclaimed Water Program (18-0040-UT) in the amount of $4,500,000, increasing the work order from $4,175,000.00 to $8,675,000.00, and authorize the appropriate officials to execute same. (consent) 6.11Approve Utility Work by Highway Contractor Agreement (UWHCA) between the Florida Department of Transportation (FDOT) and the City of Clearwater for the FDOT Utility Relocation at SR 60 (Courtney Campbell) Pedestrian Overpass from Courtney Campbell Trail to Bayshore Trail and authorize the appropriate officials to execute same. (consent) 6.12Authorize a purchase order to American Backflow Products Co. of Tallahassee, FL, Core and Main LP of Tampa, FL, and Test Gauge FL LLC of Bradenton, FL, for the supply of backflow devices and parts in the annual not-to-exceed amount of $535,000.00 with the option for two, one-year renewals pursuant to Invitation to Bid No. 64-23 and authorize the appropriate officials to execute same. (consent) 6.13Approve a purchase order to Toter, LLC of Statesville, NC for the purchase of refuse and recycling containers in the annual not-to-exceed amount of $200,000.00 with two, one-year renewal options pursuant to ITB 60-23 and authorize the appropriate officials to execute same. (consent) 6.14Approve a purchase order to Smith Industries Inc DBA Smith Fence Company of Clearwater, FL for fence removal and replacement of the entire Solid Waste complex perimeter fence in the not to exceed amount of $131,207.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 6.15Approve the Mayor’s appointment of Isay Gulley to the Clearwater Housing Authority to fill the remainder of an unexpired term through September 30, 2024. (consent) 6.16Appoint Kimberly DiVito to the Public Art and Design Board to fill the remainder of an unexpired term through February 29, 2024. (consent) Councilmember Bunker moved to approve the Consent Agenda, less Item 6.7, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.7Authorize a purchase order to Alan Jay of Sebring, FL for the purchase of eight Police Pursuit Vehicles in a not to exceed amount of $428,152.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback; authorize lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Draft between er for the FDOTr for the pass from Courtney Cass from Courtney C cials to execute same. (coals to execute same. (c w Products Co. of Tallahassee, FL, Cos Co. of Tallahassee, FL LLC of Bradenton, FL, for the supply of denton, FL, for the supp not-to-exceed amount of $535,000.00 with the mount of $535,000.00 with rsuant to Invitation to Bid No. 64Bid No. 64--23 and authorize the 23 and authorize the ame. (consent) er to Toter, LLC of Statesville, NC for the purchase of refuse aStatesville, NC for the purchase of in the annual not-to-exceed amount of $200,000.00 with two, xceed amount of $200,000.00 with tw al options pursuant to ITB 60nt to ITB 60--23 and authorize the appropriate 23 and authorize the appropriate e. (consent) ove a purchase order to Smith Industries Inc DBA Smith Fenceve a purchase order to Smith Industries Inc DBA Smith Fe learwater, FL for fence removal and replacement of the entire earwater, FL for fence removal and replacement of the entire perimeter fence in the not to exceed amount of $131,207.00perimeter fence in the not to exceed amount of $131,207.00 Code of Ordinances Section 2.563 (1)(c), Piggyback or cCode of Ordinances Section 2.563 (1)(c) authorize the appropriate officials to execute same. (authorize the appropriate officials to execut 55Approve the MayorAppro’s appointment of Isay Guointment of Isay Gu he remainder of an unexpired term throuhe remainder of an unexpired t oint Kimberly DiVito to the Puoint Kimberly DiVito to the red term through Februred term through Feb CounCou City Council Meeting Minutes December 7, 2023 Page 5 City of Clearwater Capital Improvement Fund, whichever is deemed to be in the City's best interests; authorize an increase of $80,000.00 to the current Purchase Order with Enforcement One of Oldsmar, FL for the upfitting of these additional eight vehicles bringing the total annual amount to $330,000.00 pursuant to ITB 46-22, Police Vehicle Upfitting Services, and authorize the appropriate officials to execute same. (consent) The fiscal year 2023/24 approved budget included the addition of seven new police officers for the Clearwater Police Department (CPD). Additionally, on August 3, 2023, City Council approved (agenda item #23-0860) CPD to enter into an agreement with Countryside Christian Academy and Preschool of Pinellas County, Florida to provide a Police Safety Officer for a five-year period commencing August 1, 2023. This agreement also provides funding for an additional Police Pursuit Vehicle. Due to timing of budget approvals, the additional vehicles needed to support these officers were not included in the master vehicle approval list approved by the City Council on August 17, 2023 (agenda item #23-0945). Authorization is requested to piggyback off Sourcewell Contract #091521-NAF, Cars, Trucks, Vans, SUVs, Cab Chassis & Other Vehicles - valid through November 8, 2025, pursuant to Clearwater Code 2.563(1)(c) for the purchase of the eight Police Pursuit vehicles. Finally, in order to upfit these vehicles to road ready condition, CPD is requesting an increase of $80,000.00 to the current Purchase Order with Enforcement One bringing the total to $330,000.00. The intention is to have the vehicles upfitted by end of Fiscal Year (FY) 24 however, with current market conditions, upfitting may not happen until early FY25. The original award of ITB 46-22 Police Vehicle Upfitting Services was approved by Council on 10/06/22. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase capital project L2301, Motorized Equipment Purchases, by $428,152.00 in lease purchase revenue to fund the vehicle purchase order. Sufficient funds are available in the Police Department operating budget to fund the additional $80,000.00 needed for vehicle upfitting. STRATEGIC PRIORITY: This item is relevant towards accomplishing the strategic goal of a High Performing Government, specifically strategic objective 1.4 to foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. One individual spoke in opposition. Councilmember Teixeira moved to authorize a purchase order to Alan Jay of Sebring, FL for the purchase of eight Police Pursuit Draft n of s ). AdditionaAd #23#2 -0860) CPD to860) C demy and Preschool ofdemy and Preschool o afety Officer for a fiveety Officer for a five--year peyear ment also provides funding for an so provides funding for ovals, the additional vehicles needed to support vehicles needed to support ncluded in the master vehicle approval list approved by cle approval list approved by August 17, 2023 (agenda item #23agenda item -0945). Authorization is 945). Authorization is gyback off Sourcewell Contract #091521ewell Contract #09 -NAF, Cars, Trucks, AF, Car , Cab Chassis & Other Vehicles her Veh - valid through November 8, 2025, valid through Novembe t to Clearwater Code 2.563(1)(c) for the purchase of the eight Police.563(1)(c) for the purchase of the eight P uit vehicles. Finally, in order to upfit these vehicles to road ready condition, er to upfit these vehicles to road ready condition requesting an increase of $80,000.00 to the current Purcharequesting an increase of $80,000.00 to the current Pur Enforcement One bringing the total to $330,000.00. ThEnforcement One bringing the total to $330,000.00. T vehicles upfitted by end of Fiscal Year (FY) 24 howcles upfitted by end of Fiscal Year (FY) 24 how conditions, upfitting may not happen until earlyns, upfitting may not h 46-22 Police Vehicle Upfitting Services wace Vehicle Upfitting S APPROPRIATION CODE AND ATION CODE AND A first quarter budget amendmbudg Equipment Purchases, byPurcha vehicle purchase ordurchase Sufficient funds aSufficient funds the additionathe addition STRATESTRAT ThisThi City Council Meeting Minutes December 7, 2023 Page 6 City of Clearwater Vehicles in a not to exceed amount of $428,152.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback; authorize lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests; authorize an increase of $80,000.00 to the current Purchase Order with Enforcement One of Oldsmar, FL for the upfitting of these additional eight vehicles bringing the total annual amount to $330,000.00 pursuant to ITB 46-22, Police Vehicle Upfitting Services, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Declare surplus for the purpose of donating to Habitat for Humanity of Pinellas County, Inc. (Habitat), certain real property located at 406 Vine Avenue, for the purpose of the development of affordable housing; approve the agreement for transfer of real property by the City; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) The city-owned property located at 406 Vine Ave. (Property) is 0.115 acres and was acquired by the city as a result of a tax foreclosure in 2010. The Property is listed on the City’s Affordable Housing Inventory List. A staff opinion of value was completed on the Property. Dylan Mayeux, Sr. Real Estate Coordinator for the City of Clearwater, completed the report on September 6, 2023 and determined fair market value to be $83,350. The surplus notice was sent to the preapproved list of interested developers on August 16, 2023. Developers on the list were given 15 days to respond to the notice. Because the Property is located within an approved Community Redevelopment Area, additional opportunity was provided to interested developers by publishing a call for letters of interest over a 30-day period as required by Fla. Stat. § 163.380(3)(a). Three developers responded within the response window: Habitat for Humanity of Pinellas and West Pasco Counties, Tampa Bay Neighborhood Housing Services, and Affordably Lavish Foundation. Of the three respondents, Habitat for Humanity scored highest on the scoring rubric. Therefore, staff is recommending the donation of the Property to Habitat for the deed restricted use of affordable housing. Habitat anticipates that vertical construction will Draft 00 Oldsma bringing the tging TB 46TB 46-22, Police 22, Police e the appropriate officiathe appropriate offici uly seconded and carried econded and carried - Not before 6:00 PM Mafs purpose of donating to Habitat for Humanity of Pinellas Countg to Habitat for Humanity of Pinellas ain real property located at 406 Vine Avenue, for the purpose oy located at 406 Vine Avenue, for the purpose f affordable housing; approve the agreement for transfer of reang; approve the agreement for transf nd authorize the appropriate officials to execute same, togetheappropriate officials to execute same, togeth ents required to affect closing. (APH)nts required to affect closin The citycity--owned property located at 406 Vine Ave. (owned property located at 406 Vine Ave. ( was acquired by the city as a result of a tax forquired by the city as a listed on the Cityhe City’s Affordable Housing Inves Affordable H A staff opinion of value was compln of value was comp Estate Coordinator for the Citynator September 6, 2023 and de, 2023 The surplus notice waus notice August 16, 2023. August 16, 2023 notice. Becaunotice. Beca RedeveloRedevel develdeve City Council Meeting Minutes December 7, 2023 Page 7 City of Clearwater commence within six months and anticipates selling the completed home within 12 months of the date of acquisition. They have also agreed to include energy efficient features and EV car charging capabilities to the home. On November 14, the Neighborhood and Affordable Housing Advisory Board unanimously supported a recommendation for Council approval of the donation. Councilmember Allbritton moved to declare surplus for the purpose of donating to Habitat for Humanity of Pinellas County, Inc. (Habitat), certain real property located at 406 Vine Avenue, for the purpose of the development of affordable housing; approve the agreement for transfer of real property by the City; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. 7.2 Accept the 2023 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). (APH) Florida Statute Section 420.9076 states that counties and cities receiving State Housing Initiatives Partnership (SHIP) program funds are required to appoint an Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from specific industries or groups as identified in the statute. The requirement was largely met through the use of the City’s existing seven-member Neighborhood and Affordable Housing Advisory Board (NAHAB). City staff recommended council appointment of four additional committee members. The City Council adopted Resolution No. 23-12 that created and appointed the 2023 AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC is required to review and consider recommendations on the following: 1) The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. Draft urplus for the urplus for ity of Pinellas Countyty of Pinellas Count ated at 406 Vine Avenue, d at 406 Vine Avenue t of affordable housing; fordable housing; sfer of real property by the City; property by the City; ate officials to execute same, together xecute same, together nts required to affect closing. The motion ct closing. The motion and carried unanimously.animo cal Housing Incentive Strategy (LHIS) Report developed by thentive Strategy (LHIS) Report developed by sing Advisory Committee (AHAC). (APH)mmittee (AHAC). (APH) Florida Statute Section 420.9076 states that counties anFlorida Statute Section 420.9076 states that counties a Housing Initiatives Partnership (SHIP) program fundsHousing Initiatives Partnership (SHIP) program fund Affordable Housing Advisory Committee (AHAC)able Housing Advisory Committee (AHAC that the committee be made up of members ommittee be made up as identified in the statute. The requiremd in the statute. The r the City’s existing sevensting s -member Nember Advisory Board (NAHAB). City srd (NAHAB). City additional committee membmmitte that created and appoind and a The duties of thThe duties of ordinancesordinance comprecomp enen City Council Meeting Minutes December 7, 2023 Page 8 City of Clearwater 2) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. 3) The allowance of flexibility in densities for affordable housing. 4) The reservation of infrastructure capacity or housing for very low-income persons, low-income persons, and moderate-income persons. 5) The allowance of affordable accessory residential units in residential zoning districts. 6) The reduction of parking and setback requirements for affordable housing. 7) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. 8) The modification of street requirements for affordable housing. 9) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. 10)The preparation of a printed inventory of locally owned public lands suitable for affordable housing. 11)The support of development near transportation hubs and major employment centers and mixed-use developments. In addition to these eleven required criteria, the 2023 AHAC continued five additional types of incentives in the following areas: 12)Adaptive reuse 13)Land Development Code 14)Communication and Marketing of Affordable Housing 15)Financing 16)Partnerships Throughout the fall of 2023, consultant Wade Trim, along with Economic Development and Housing Department staff and Planning and Development Department staff, facilitated discussion at four meetings of the AHAC. The meetings centered around reviewing the 2022 LHIS to discuss whether any changes should be made as well as to consider new strategies to incentivize development of affordable housing. The LHIS encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development and preservation of affordable housing in the City of Clearwater. The AHAC convened on four separate occasions to develop and identify the value of affordable housing, identify the principles for Clearwater’s affordable housing and develop/confirm a vision statement to be included as part of the LHIS. The AHAC members focused on the values that affordable housing brings to the City of Clearwater. The AHAC recommended the continuation, with slight modifications in some cases, of recommendations made by prior AHAC committees. This year’s committee recommended several language changes Draft for affordable ffor uding zerouding zero--lotlot-line for affordable housing.ffordable housing. which a local government considers, ocal government conside es, ordinances, regulations, or plan , regulations, or plan st of housing. inted inventory of locally owned public lands suitable ly owned public lands suitable development near transportation hubs and major ar transportation hubs and maj enters and mixed-use developments.use developments. dition to these eleven required criteria, the 2023 AHAC continued fivven required criteria, the 2023 AHAC continued f dditional types of incentives in the following areas:ncentives in the following ar 12)Adaptive reusese 13))Land Development Codeelopment 14)14)Communication and Marketing of Affordable HousingCommunication and Marketing of Affordable Housin 15)15)FinancingFinancing 16)Partnershipsartnership Throughout the fall of 2023, consultant Wt the fall of 2023, cons Development and Housing Departmet and Housing Depart Department staff, facilitated disctaff, facilitated dis meetings centered around retered changes should be madould be development of affoment of a vision, strategicvision, strategi facilitate thefacilitate th ClearwaClearw ideide City Council Meeting Minutes December 7, 2023 Page 9 City of Clearwater to incorporate more affirmative language in the document. The committee also made several recommendations that will require additional staff resources. The following list contains excerpts incorporating substantive changes from the previous report to produce the 2023 LHIS Report: 2.2 Annually assess the financial, legal, and administrative feasibility of reducing, refunding, or redefining (by unit size) the costs of impact fees and/or permitting fees related to the development of affordable housing with the goal of being on par with other municipalities in Pinellas County. 3.1 Continue to provide allowance of density flexibility for affordable housing developments by City policy and to monitor State legislation regarding density flexibility, including but not limited to the Live Local Act. 5.2 Implement City Council Comprehensive Plan Policy QP 6.1.7 and Policy QP 6.1.10 to allow one accessory dwelling unit by providing corresponding standards in the Community Development Code. 12.1 Continue to allow and promote “adaptive reuse” involving the conversion of surplus and/or outmoded buildings including old churches, school buildings, hospitals, train stations, warehouses, factories, hotels, office buildings, malls, etc. to mixed uses where permitted by zoning district or by the Live Local Act. 16.1 Develop public and private partnerships for the provision of affordable housing: • Establish partnerships with major employers to coordinate the supply of workforce housing. • Engage lenders in training and ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first-time homebuyers through conventional and other lenders. • Partner with the private sector and non-profits to address third-party barriers to affordable housing and to identify appropriate incentives to reduce labor and material costs for developers and long-term maintenance, operational, and insurance costs for homeowners. The following language was updated in Appendix C: Values, Principles and Vision: C.1(c) The AHAC found that affordable housing in the City of Clearwater aspires to have housing that fits the City’s workforce. There is a growing need for affordable “workforce” housing within the community, specifically for police, fire, and other service employees. There is also a need to draw the workforce back Draft mpact f housing with tsing unty.unty. y flexibility for affordable housingxibility for affordable ho nitor State legislation regarding density e legislation regarding d o the Live Local Act. al Act. mprehensive Plan Policy QP 6.1.7 and Policy QP Policy QP 6.1.7 and Policy ory dwelling unit by providing corresponding oviding corre munity Development Code. nt Code to allow and promote ote ““adaptive reuseadaptive reuse” involving the conversion of g the co nd/or outmoded buildings including old churches, school buildings, ngs including old churches, school build als, train stations, warehouses, factories, hotels, office buildings, ma warehouses, factories, hotels, office buildings, c. to mixed uses where permitted by zoning district or by the Live Lowhere permitted by zoning district or by the Live L 16.1 Develop public and private partnerships for the prov16.1 Develop public and private partnerships for the pr housing:housing: • Establish partnerships with major employersablish partnerships with major employers workforce housing.e housin • Engage lenders in training and ongolenders in training an underwriting and credit standards, tand credit standards, development of financial producof financial produ available to potential firstotenti-tim lenders. • Partner with thetner with to affordable hoto affordable h material comaterial c insuraninsura City Council Meeting Minutes December 7, 2023 Page 10 City of Clearwater into the City to reduce commute distances, to reduce crime, and to restore a sense of pride in the community. C.1(d) Everyone deserves a safe affordable home. The City recognizes that housing is a fundamental human need. C.2(6) The AHAC found that affordable housing in the City of Clearwater should be incentivized to promote incorporation of affordable housing into all non-affordable housing developments. The LHIS report is due annually. The staff recommendation is for City Council to accept the 2023 LHIS Report. Staff will submit the report to the Florida Housing Finance Corporation no later than December 31, 2023. Per State Statute, the city shall update its Local Housing Assistance Plan to incorporate the recommended incentives it desires to implement. This year’s LHIS update includes recommendations that were approved by the AHAC on November 14, 2023. Councilmember Beckman moved to accept the 2023 Local Housing Incentive Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). The motion was duly seconded and carried unanimously. 7.3 Approve multiple Easement Vacation requests from property owners The City of Clearwater as affecting real property at 112 S Osceola Ave, Clearwater as further defined by Exhibit A, Utility easement per Resolution 86-17 recorded in O.R. Book 6179 Page 299, and Exhibit B, 15-foot Alley recorded in Deed Book 1536 Page 21, as recorded in the Public Records of Pinellas County, Florida, and pass Ordinance 9729-23 on first reading. The City or Clearwater as owners of 112 S Osceola Ave have requested to vacate two abandoned easements within the same parcel. Easement “A” is a relocated utility pumping station. Easement “B” is a former public alleyway. These vacations are intended to remove certain exceptions to title insurance and assist the buyers of the Property. City staff have reviewed and approved this request. STRATEGIC PRIORITY: Draft of Clearw ousing into all g i recommendation is for City Counmmendation is for City will submit the report to the Florida it the report to the Florid ter than December 31, 2023. Per State mber 31, 2023. Per State s Local Housing Assistance Plan to incorporate ssistance Plan to incorporat es it desires to implement. This yearent. This ye ’s LHIS update update tions that were approved by the AHAC on November 14, proved by the AHAC on November 14, ilmember Beckman moved to accept the 2023 Local moved to accept the 2023 Local using Incentive Strategy (LHIS) Report developed by the Strategy (LHIS) Report developed by the Affordable Housing Advisory Committee (AHAC). The mosing Advisory Committee (AHAC). The duly seconded and carried unanimously.ed and carried unanimou Approve multiple Easement Vacation requests from propertyApprove multiple Easement Vacation requests from property Clearwater as affecting real property at 112 S Osceola AClearwater as affecting real property at 1 defined by Exhibit A, Utility easement per Resolutiondefined by Exhibit A, Utility easement per R Page 299, and Exhibit B, 15Page 299, and Exhibit B, 15--foot Alley recorded foot Alley record recorded in the Public Records of Pinellas Corecorded in the Public Records of Pinellas C on first reading.on first r The City or Clearwy or Clea vacate two abavacate two ab EasemeEasem City Council Meeting Minutes December 7, 2023 Page 11 City of Clearwater Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports Eco-friendly enterprises, and encourages high-quality job growth. Ordinance 9729-23 was presented and read by title only. Vice Mayor Bunker moved to approve multiple Easement Vacation requests from property owners The City of Clearwater as affecting real property at 112 S Osceola Ave, Clearwater as further defined by Exhibit A, Utility easement per Resolution 86-17 recorded in O.R. Book 6179 Page 299, and Exhibit B, 15-foot Alley recorded in Deed Book 1536 Page 21, as recorded in the Public Records of Pinellas County, Florida, and pass Ordinance 9729-23 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.4 Approve amendments to Community Development Code Section 6-109 and Appendix C, Downtown District and Development Standards, and pass Ordinance 9726-23 on first reading.(TA2023-10003) Proposed Ordinance No. 9726-23amends Section 6-109 to add criteria for nonconforming structures due to setbacks and Appendix C. Downtown District and Development Standards to clarify the Tier 1 Public Amenities Incentive Pool Criteria and add governmental uses to the General Flexibility Provisions. These amendments were initiated by staff to provide clarification of provisions as well as add flexibility. Below is a summary of the substantive amendments included in the ordinance. xCreates criteria to terminate a status of nonconformity for structures that are nonconforming due to setbacks. xProvides clarification of the following provisions in the Tier 1 Public Amenities Incentive Pool Criteria available in Downtown: xResidential bonus densities cannot be stacked. xBonus densities available for streetscaping only apply to identified streets. xAdds governmental uses to list of uses that are eligible to request flexibility from the Downtown District & Development Standards. The Planning and Development Department has determined that the proposed text amendmentsto the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the sement V arwater aster e, Clearwater as e, Clearwater as ement per Resolution ment per Resolution age 299, and Exhibit B, 99, and Exhibit B, Book 1536 Page 21, as recorded in 6 Page 21, as recorde as County, Florida, and pass rida, and p st reading. The motion was duly motion was oll call, the vote was: ngst Sr., Vice Mayor Bunker, Councilmember Allbritton, ayor Bunker, Councilmember A cilmember Beckman and Councilmember Teixeiran and Councilmember Teixeira endments to Community Development Code Section 6munity Development Code Section 6--109 and109 wn District and Development Standards, and pass Ordinance 9velopment Standards, and pass Ordinance 9 ng.g.(TA2023(TA2023--10003)100 Proposed Ordinance No. 9726sed Ordinance No. 97 -23 amends Sectiods Sectio nonconforming structures due to setbacks anorming structures due and Development Standards to clarify theopment Standards to Criteria and add governmental uses toadd governmental use amendments were initiated by stafwere initiated by sta as add flexibility. ty. Below is a summary of summa xCreates Creates are nare xxPP City Council Meeting Minutes December 7, 2023 Page 12 City of Clearwater Community Development Code as outlined in the staff report.ௗௗௗ The Community Development Board, in its capacity as the Local Planning Agency (LPA), will review the proposed amendments to the Community Development Code at its meeting on November 21, 2023. Staff will report its recommendation at the city council meeting. STRATEGIC PRIORITY: Proposed Ordinance 9726-23 supports the city’s Strategic Plan goal to Ensure Exceptional Communities and Neighborhoods Where Everyone Can Thrive by providing responsible development standards to preserve community livability. Planning Division Manager Jayme Lopko said as mentioned at the work session, staff has provided Council with a motion to amend that strikes the proposed changes in Section 6-109. If approved by Council, the amended ordinance will not include proposed changes to Section 6-109. Ordinance 9726-23 was presented and read by title only. Councilmember Teixeira moved to approve Item 7.4 as amended, and pass Ordinance 9726-23, as amended, on first reading.The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9722-23 on second reading, annexing certain real property whose post office address is 2634 South Drive, Clearwater, Florida 33759, together with certain right-of-way of South Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. One individual expressed concerns with vehicular traffic and suggested that a stop sign be installed to slow down traffic in an area where there are a lot of kids. Applicant representative Housh Ghovaee said the property is being annexed from Pinellas County into the City of Clearwater. He said he would meet with the individual regarding his concerns and future development of the site. Ordinance 9722-23 was presented and read by title only. Draft gic Plan goal tolan ere Everyone Can Threre Everyone Can Th to preserve community livabpreserve community liva e Lopko said as mentioned at the work d as mentioned at the w ouncil with a motion to amend that strikes the on to amend that strike tion 6-109. If approved by Council, the amended ved by Council, the amende ude proposed changes to Section 6nges to Section 6-109. 726-23 was presented and read by title only.sented and read by title only. ncilmember Teixeira moved to approve ixeira moved to approve Item Item 7.4 as amend7.4 as amend pass Ordinance 9726726--2323, as amended,s amended,on first reading.on first readin The duly seconded and upon roll call, the vote was:ed and upon roll call, the vote was: Ayes:Ayes:5 5 - - Mayor Aungst Sr., Vice Mayor Bunker, CouncilmeMayor Aungst Sr., Vice Mayor Bunker, Counci Councilmember Beckman and CouncilmembeCouncilmember Beckman and Councilmemb Second Readings - Public Hearing Second Readings - Public Hearing DrAdopt Ordinance 9722Adopt-23 on second reading,on second reading office address is 2634 South Drive, Clearwoffice address is 2634 South Dr htht--ofof--fff way of South Drive, into the coway of South Drive, into ndary lines of the city to includndary lines of the city to inc One individOne indivi that a sthat a aloal City Council Meeting Minutes December 7, 2023 Page 13 City of Clearwater Councilmember Allbritton moved to adopt Ordinance 9722-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.2 Adopt Ordinance 9723-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2634 South Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Medium (RM). Ordinance 9723-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9723-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.3 Adopt Ordinance 9724-23 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2634 South Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). Ordinance 9724-23 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9724-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 8.4 Adopt Ordinance 9725-23 on second reading, amending Clearwater Code of Ordinances, Appendix A, Schedule of fees, Article XXIV, Sections 1, 3, and 4 to increase miscellaneous fees related to temporary service deposits, impact fees and miscellaneous user fees such as, special meter readings, turn-on services, meter changes and other special services that benefit a specific customer. Ordinance 9725-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9725-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes:5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira Draft and use for certain reaerta Florida 33759, uponFlorida 33759, upon edium (RM).ium (RM and read by title only.ad by title only. moved to adopt Ordinance 9723Ordinance 9723--23 on 23 on g. The motion was duly seconded ands duly seconded and ote was: st Sr., Vice Mayor Bunker, Councilmember Allbritton, or Bunker, Councilmember Allbritton, member Beckman and Councilmember Teixeira and Councilmember Teixeira e 9724-23 on second reading, amending the Zoning Atlas of thcond reading, amending the Zoning Atlas of t ain real property whose post office address is 2634 South Drivwhose post office address is 2634 South D 33759, upon annexation into the City of Clearwater, as Medium759, upon annexation into the City of Clearwater, as Mediu idential (MDR).dential (MDR). Ordinance 9724dinance 9 -23 was presented and read 23 was presented and read Mayor Bunker moved to adopt OrdinancBunker moved to a final reading. The motion was duly sding. The motion w the vote was:as: Ayes:5 - Mayor Aungst Sr., Vice MaAungst Sr., Vice M Councilmember Beckmemb pt Ordinance 9725pt Ordin -23 on seco23 on s nces, Appendix A, Schnces, Appendix A, Sc neous fees relateneous fees relate ous user feous user fe otheothe City Council Meeting Minutes December 7, 2023 Page 14 City of Clearwater 9. Citizens to be heard re items not on the agenda - For purposes of this role, “items pertaining to city business” includes any matter within the Council’s or the City Manager’s power to act, any matter that the Council previously voted on or discussed at the dais, or any matter discussed by or scheduled to be considered by another governmental entity that affects the operation of the City. Each person who wishes to address the Council shall complete a comment card and submit the card to the City Clerk (right-hand side of dais) before the speaker will be permitted to speak. However, if the speaker has just arrived or decided to speak, the Chair may allow the card to be filled out after speaking. Individuals will limit their comments to a maximum of three minutes. The Mayor shall advise the speaker that their time has expired. If the person remains at the podium, thereby interfering with other persons who may wish to be heard, the speaker’s microphone may be turned off, or the Mayor may rule the person out of order in accordance with Rule 15. Mr. Holuba expressed concerns regarding the City's recycling program and Clearwater Police Department (CPD). He said no policy changes to improve the screening of CPD applicants have been announced to date and that the city organizational chart does not include the citizens. Mike Taylor thanked staff for not pursuing the open carry legislative priority and for removing the panhandling ordinance. He said he was able to collect $20 for ammo and that he created a YouTube channel regarding Clearwater. Chris Michalek expressed concerns with Decade Properties' proposed development project and urged the City to not grant a construction permit. She said she has filed several grievances with the City (see page17). Susan Watt expressed concerns with Decade Properties' proposed development project and questioned why the project's application cannot be found. Tony Teller said the infrastructure needed on the 500-block of Cleveland Street is quite large and urged the City to provide additional funding support to assist business owners with infrastructure upgrades. He said the Nash Keys will be open in a couple of months. Samuel Hutkin expressed concerns with statements made on the Vice Mayor's social media site. The city needs serious officials who will work and get results. Draft Each tand subm s tr will be permittwill be pefted to speak, the Chad to speak, the Chaftuals will limit their commes will limit their comftvise the speaker that their timee speaker that theirfthereby interfering with other personerfering with other pfticrophone may be turned off, or the y be turned off, or theftin accordance with Rule 15. th Rule 15aftressed concerns regarding the City's recycling program s regarding the City's recycling program ater Police Department (CPD). He said no policy changes to tment (CPD). He said no policy ch e the screening of CPD applicants have been announced to daPD applicants have been announced t that the city organizational chart does not include the citizens.ganizational chart does not include the citizens Mike Taylor thanked staff for not pursuing the open carry lhanked staff for not pursuing the open carry priority and for removing the panhandling ordinance. Hpriority and for removing the panhandling ordinanc to collect $20 for ammo and that he created a Youto collect $20 for ammo and that he created a Yo regarding Clearwater.arding Clearwater. Chris Michalek expressed concerns wihalek expressed co development project and urged thent project and urged permit.She said she has filed ssaid she has filed Susan Watt expressedtt expr development projecment pro cannot be founcannot be fou Tony TeTony T StreStr City Council Meeting Minutes December 7, 2023 Page 15 City of Clearwater Andre Johnson expressed concerns with the City Attorney representing city employees and said his due process continues to be violated. The City Attorney said he is authorized and required to represent city employees when they are sued in their official capacity. Dennis McDermott submitted an email expressing concerns with how grievances regarding Decade Properties have been handled (see page 29). Kathy Flaherty submitted an email opposing the City’s local bill regarding the Downtown Development Board (see page31). 10. City Manager Reports – None. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman thanked staff for the Holiday Celebration, encouraged individuals to volunteer for the Point in Time Count, which will help and identify how to better serves individuals and families experiencing homelessness, and urged all to check their voter registration status. She thanked staff for translating the Strategic Plan to Spanish. Vice Mayor Bunker said he was not sure what was said that upset Mr. Hutkin; he tries to help those on the beach any way he can, particularly the employees who cannot afford to park their cars or live on the beach. He said he attended a reunion last Saturday of individuals from Ixmiquilpan, which was emotional as the individuals saw their grown children for the first time. The Council recessed 7:04 p.m. to 7:05 p.m. Councilmember Allbritton asked all to be safe and careful when traveling. 13. Closing Comments by Mayor Mayor Aungst reviewed recent and upcoming events. Draft concernsern with been handledbeen handled (see pee osing the the CityC’s local bill regardinocal bill re’ e page31).). by Councilmembers (limited to 3 minutes) mbers (limited to 3 minuterafCouncilmember Beckman thanked staff for the Holiday Celebr Beckman thanked staff for the Holiday C encouraged individuals to volunteer for the Point in Time encouraged individuals to volunteer for the Point in Time will help and identify how to better serves individuals will help and identify how to better serves individua experiencing homelessness, and urged all to cheexperiencing homelessness, and urged all to che registration status. She thanked staff for transtration status. She thanked staff for trans Spanish. Vice Mayor Bunker said he was nBunker said he was Hutkin; he tries to help those es to help those the employees who cannoes wh He said he attended ae attend Ixmiquilpan, whichilpan, wh children for thchildren for th The CThe C City Council Meeting Minutes December 7, 2023 Page 16 City of Clearwater 14. Adjourn The meeting adjourned at 7:06 p.m. Mayor City of ClearwaterAttest City Clerk Draftt 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1543 Agenda Date: 12/19/2023 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER). (APH) SUMMARY: The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2022-2023, the City’s entitlement allocation was $897,475 in CDBG and $509,528 in HOME program funds, $1,277,780 of CDBG Prior Year funds, $1,544,426 in HOME funds carried over from the prior year, $1,292,456 of HOME Program Income, $1,351,560 in CDBG-CV and $1,030,306 in CDBG Revolving Loan funding for a total budget of $7,903,531 from federal funds. In addition, the city had a total of $1,127,930 in State Housing Initiatives Partnership Program funding, plus $777,423 in SHIP program income and $224,342 in Pinellas County Housing Trust funds, which is program income from a previous distribution. The city also allocated $3,300,000 of General Funds, converted from American Rescue Plan Act Local Fiscal Recovery Funds (ARPA) toward affordable housing and $1,000,000 for distribution to non-profit organizations. Through the CDBG and HOME program activities, total expenditures of CDBG and HOME funds were $1,992,831 in FY 2022-2023. Funds not expended from this year’s budget will be programmed in future years. In addition to reporting activities carried out with federal money, a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas County Housing Trust Fund (PCHTF) Program is also included in the narrative section. For FY 2022-2023, SHIP fund expenditures totaled $1,199,718 and PCHTF fund expenditures totaled $43,700. The city also expended $1,643,345 in ARPA funds on various housing activities and $250,000 to assist families affected by the closure of a mobile home park. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater’s FY 2022-2023 CAPER contains information on the City’s assessment of the following activities: ·Assessment of Five-Year Goals and Outcomes ·Resources and Investments ·Affordable Housing ·Homeless and Other Special Needs Page 1 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1543 ·Public Housing ·Other Actions to Address Barriers to Affordable Housing ·Monitoring ·CDBG ·HOME A list of notable accomplishments utilizing federal, state and local funds for FY 2022-2023 include: ·Provided six (6) down payment & closing cost assistance loans totaling $263,975. ·Using SHIP, CDBG, HOME and PCHTF, expended $167,756 to assist four (4) homeowners to preserve their homes through rehabilitation. ·Using General Fund ARPA-related funds allocated for affordable housing, the city funded the construction of three (3) single-family homes at a total cost of $836,830; completed one (1) home rehabilitation at a cost of $56,518; provided ten (10) downpayment loans totaling $495,600; and provided $205,098 in grant funding to assist with emergency repairs to forty-seven (47) homes. ·Completed the rehabilitation of one (1) rental unit for the Kimberly Home to further its mission of housing homeless pregnant woman and new mothers. ·Provided a total of $1,320,546 to two organizations for construction of seven (7) single-family homes, four (4) of which are still under construction. ·The city expended $250,000 in General Fund ARPA-related funds to assist 38 families displaced due to the closure of the 90-unit Capri Mobile Home Park. ·Expended $733,921 for 17 Public Facilities projects. Facility improvements were made to the following: o Clearwater Neighborhood Housing Services, Inc. - Main Office Improvements, o Clearwater MLK Jr. Neighborhood Center Coalition, Inc. - MLK Jr. Community Center Rehabilitation, o Homeless Emergency Project, Inc. - 1357 Park Street Improvements; Adult Dormitory, Shelter Dining Hall, and Independence Square Roof Rehabilitations; and Affordable Supportive Housing Improvements o The Salvation Army - Mallory Powell Social Services Campus Improvements, o Directions for Living -Exterior Safety and Security Improvements and Elevator Improvements with ADA Compliance o St. Vincent de Paul - Facility Rehabilitation Phase 2 and Emergency Roof Rehabilitation, o R’Club Child Care, Inc. - Breeden Early Learning Academy Renovations, including Painting Improvements; and Gateway Early Learning Academy Painting Improvements o The Kimberly Home, Inc. - Rehabilitation of Multi-Unit Residential ·Expended $100,718 for operational support for 7 Public Service providers. o GulfCoast Legal Services - Housing-related legal services, o The Arc Tampa Bay, Inc. - Services for adults with intellectual or developmental disabilities o WestCare Gulfcoast-Florida - substance abuse services o Pinellas Opportunity Council’s CHORE - Senior services o Homeless Empowerment Program - Emergency Shelter Program o The Kimberly Home, Inc - salary support for Transitional Housing Program, o Intercultural Advocacy Institute - Youth Services Program. ·Provided $19,825 for technical assistance services to Hispanic Business Initiative Fund of Florida, Inc. dba Prospera and Tampa Bay Black Business Investment Corporation to assist 19 entrepreneurs and businesses. ·Contributed $250,000 through the city’s General Fund o Pinellas Safe Harbor -$100,000 o Homeless Emergency Project, Inc. -$50,000 o Homeless Leadership Alliance - $25,000 o Pinellas Hope - $40,000 o Hope Villages of America - $25,000 o The Salvation Army of Upper Pinellas -$10,000 Overall federal, state and local funding assisted 12,624 persons and 168 households. On December 12, 2023, the Neighborhood and Affordable Housing Advisory Board recommended City Page 2 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1543 Council approval of the CAPER as written. The CAPER is due annually to HUD no later than December 31. STRATEGIC PRIORITY: 2.4 - Supports equitable housing programs that promote household stability and reduce the incidence of homelessness within Clearwater. Page 3 City of Clearwater Printed on 12/14/2023 City of Clearwater, Florida December 19, 2023 2022/2023 Consolidated Annual Performance and Evaluation Report (CAPER) DRAFT FY 2022-2023 CAPER (DRAFT) 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City of Clearwater is designated an Urban City and entitlement grantee of the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME), which are administered federally by the U.S. Department of Housing and Urban Development (HUD). Additionally, the City of Clearwater participates in the State Housing Initiatives Partnership (SHIP) and Pinellas County Housing Trust Fund (PCHTF) programs to support affordable housing initiatives. The City’s most recent Five-Year Consolidated Plan for CDBG and HOME established seven (7) goals for the five-year planning period spanning federal Fiscal Years (FY) 2020/2021-2024/2025. This Consolidated Annual Performance and Evaluation Report (CAPER) provides reporting for the third year (FY 2022-2023) of the Five-Year Consolidated Plan. These seven (7) goals and the corresponding one-year goal outcomes are as follows: Goal 1: Program Administration – Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year Consolidated Plan. During FY 2022-2023, the City of Clearwater continued to administer the Federal CDBG and HOME programs under its entitlement grants. Although there are no numerical outcomes to report for this goal, the City’s Federal allocation covered all program-related administrative expenses. Goal 2: Housing – Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. Objective: During FY 2022-2023, the City of Clearwater planned to assist 190 households with housing-related services; construct 14 rental units; rehabilitate 10 rental units; construct 12 homeowner units; rehabilitate 14 homeowner units; assist 25 households with direct financial assistance such as down payment and closing costs; and assist 200 households with tenant-based rental assistance/rapid rehousing. Outcome: The City assisted 0 persons with housing counseling, which met 0% of the total expected public services outcome for the Housing goal. This outcome was zero because funding for this activity was shifted to the State Housing Initiatives Partnership program where 164 persons were assisted. The City also assisted 1 household with down payment and closing costs (4% of goal), rehabilitated 1 rental unit (10% of goal) and constructed 4 homeowner housing units (33% of goal). In addition, the City assisted 59 households with non-federal funds. This included 5 down payment assistance loans, 2 new single-family homes, 1 single-family rehabilitation loan and a renovation at a 48-unit apartment complex. The City’s use of SHIP funds facilitated the development of 2 single-family homes and the rehabilitation of 4 homeowner-occupied residences as well as a 48-unit apartment complex serving VLI families in FY 2022-23. The City also FY 2022-2023 CAPER (DRAFT) 2 OMB Control No: 2506-0117 (exp. 09/30/2021) completed 5 down payment assistance loans in FY 2022-23 utilizing SHIP funds. The City is in the planning stages of 3 development projects that, collectively, will create 278 new units. Using General Funds, converted from American Rescue Plan Act Local Fiscal Recovery Funds allocated to affordable housing, the city funded the construction of 3 single-family homes at a total cost of $836,830; completed 1 home rehabilitation at a cost of $56,518; provided 10 downpayment loans totaling $495,600; provided $205,098 in grant funding to assist with emergency repairs to 47 homes and assisted 38 families displaced from a 90-unit mobile home park at a cost of $250,000. Goal 3: Homelessness – Help to prevent and reduce homelessness within the City of Clearwater. Objective: During FY 2022-2023, the City of Clearwater planned to assist 1,935 homeless persons with public facility or infrastructure activities 30 homeless persons with public service activities; 600 homeless persons with overnight shelter; and rehabilitate 8 housing units for homeless persons. Outcome: The City assisted 2,937 homeless persons (152%% of goal) with public facility or infrastructure activities; 18 homeless persons (60% of goal) with public service activities; 259 homeless persons (43% of goal) with overnight shelter; and rehabilitated 8 housing units (100% of goal) for homeless persons. Goal 4: Non-Homeless Special Needs – Expand the accessibility and coordination of social services to City of Clearwater special needs populations. Objective: During FY 2022-2023, the City of Clearwater planned to assist 5,910 special needs persons with public facility or infrastructure activities and 146 special needs persons with public service activities. Outcome: The City assisted 11,911 special needs persons (202% of goal) with public facility or infrastructure activities; and 156 special needs persons (107% of goal) with public service activities. Goal 5: Community Development & Public Services - Enhance the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and elimination of blight. Objective: During FY 2022-2023, the City of Clearwater planned to assist 1,775 persons with public facility or infrastructure activities; 85 persons with public service activities; and demolish 1 building. Outcome: The City assisted 3,473 persons (196% of goal) with public facility or infrastructure activities and 69 persons (81% of goal) with public service activities. Goal 6: Economic Development - Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). Objective: During FY 2022-2023, the City of Clearwater planned to assist 3 businesses with facade improvements and 55 businesses with microenterprise/entrepreneurial technical assistance. Outcome: The City assisted 19 businesses (35% of goal) with microenterprise/entrepreneurial technical assistance. Improved performance under this goal will be a focus area in FY 2023/24. Goal 7: Emergency/Disaster Response - Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare for and/or mitigate loss, protect during an event, and aid with recovery. Objective: During FY 2022-2023, no activities were planned for emergency/disaster response. FY 2022-2023 CAPER (DRAFT) 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Outcome: No activities were funded for emergency/disaster response. This goal is intended to be invoked only upon urgent need. The City of Clearwater administered and delivered its federally funded CDBG and HOME programs during FY 2022-2023. Key efforts during the program year included the provision of public services for housing, homelessness, and special needs, production of new affordable housing units, provision of overnight shelter for homeless persons, and assistance to businesses. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Community Development & Public Services Non-Housing Community Development CDBG: $1,147,825.00 / HOME: $33,704.00 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 9,390 11,043 117.60% 1,775 3,473 195.66% Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 10,320 515 4.99% 85 69 81.18% Public service activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 0.00% 0 0 0.00% Homeless Person Overnight Shelter Persons Assisted 0 0 0.00% 0 0 0.00% Buildings Demolished Buildings 0 0 0.00% 1 0 0.00% Economic Development Non-Housing Community Development CDBG: $300,176.50 Facade treatment/business building rehabilitation Business 8 0 0.00% 3 0 0.00% Jobs created/retained Jobs 400 0 0.00% 0 0 0.00% Businesses assisted Businesses Assisted 1,000 102 10.20% 55 19 34.55% Emergency/ Disaster Response Emergency/ Disaster Response CDBG: $0.00 / HOME: $0.00 Other Other 0 0 0.00% 0 0 0.00% Homelessness Homeless CDBG: $1,369,555.00 Public Facility or Persons 2,815 3,355 119.18% 1,935 2,937 151.78% FY 2022-2023 CAPER (DRAFT) 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Infrastructure Activities other than Low/Moderate Income Housing Benefit Assisted Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2,815 2,289 81.31% 30 18 60.00% Rental units rehabilitated Household Housing Unit 0 0 0.00% 8 8 100.00% Homeowner Housing Rehabilitated Household Housing Unit 0 8 0.00% 0 0 0.00% Homeless Person Overnight Shelter Persons Assisted 2,815 1,013 35.99% 600 259 43.17% Overnight/Emergency Shelter/Transitional Housing Beds added Beds 0 0 0.00% 0 0 0.00% Homelessness Prevention Persons Assisted 1,875 0 0.00% 0 0 0.00% Housing for Homeless added Household Housing Unit 30 0 0.00% 0 0 0.00% Housing Affordable Housing Public Housing CDBG: $1,360,175.00 / HOME: $4,564,526.00 / Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 0 221 0 0 0.00% Public service activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 0.00% 190 0 0.00% Rental units constructed Household Housing Unit 95 0 0.00% 14 0 0.00% Rental units rehabilitated Household Housing Unit 75 1 1.33% 10 1 10.00% Homeowner Housing Added Household Housing Unit 145 13 8.97% 12 4 33.33% Homeowner Housing Rehabilitated Household Housing Unit 0 2 14 0 0.00% Direct Financial Assistance to Homebuyers Households Assisted 50 1 2.00% 25 1 4.00% Tenant-based rental assistance / Rapid Rehousing Households Assisted 195 0 0.00% 200 0 0.00% Buildings Demolished Buildings 5 0 0.00% 0 0 0.00% FY 2022-2023 CAPER (DRAFT) 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Non-Homeless Special Needs Non-Homeless Special Needs CDBG: $1,238,228.00 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 1,875 24,245 1,293.07% 5,910 11,911 201.54% Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2,815 357 12.68% 146 156 106.85% Tenant-based rental assistance / Rapid Rehousing Households Assisted 375 0 0.00% 0 0 0.00% Program Administration Administration CDBG: $1,072,056.50 / HOME: $245,606.00 / Other Other 0 0 0.00% 0 0 0.00% Table 1 – Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. During FY 2022-2023, CDBG, HOME, and SHIP funds were used to address high priority needs by providing homebuyer education and counseling; construction of affordable housing; public services and shelter for eligible populations; and economic development opportunities. The City of Clearwater expended $1,291,970 in regular CDBG funds out of an available $3,205,561 in combined entitlement, program income, and prior-year resources. Goal 1: Program Administration – Administer the City of Clearwater’s federally funded grant programs to implement the goals of the Five-Year Consolidated Plan. There are no numerical outcomes to report for this goal, the City’s Federal allocation covered all program-related administrative expenses for CDBG and HOME. Goal 2: Housing – Provide availability of and accessibility to decent affordable housing for the residents of the City of Clearwater. The City addressed this goal through completion of the following activities: provision of homebuyer down payment/closing cost assistance for 1 household through Tampa Bay Community Development Corporation, the rehabilitation of 1 rental unit, and the construction of 4 homeowner housing units. Goal 3: Homelessness – Help to prevent and reduce homelessness within the City of Clearwater. The City addressed this goal through the Homeless FY 2022-2023 CAPER (DRAFT) 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Emergency Project, Inc. (HEP), St. Vincent de Paul Community Kitchen and Resource Center (SVdP), and The Salvation Army, which provided emergency shelter and critical support facilities to 3,204 persons experiencing homelessness in the City of Clearwater. The City also supported the provision of public services by The Kimberly Home, Inc., which served 18 homeless persons. Goal 4: Non-Homeless Special Needs – Expand the accessibility and coordination of social services to City of Clearwater special needs populations. The City supported non-profit special needs service providers such as Pinellas Opportunity Council, Inc. (senior services), WestCare GulfCoast-Florida, Inc. (substance abuse services), and The Arc Tampa Bay, Inc. (services to individuals with intellectual and developmental disabilities), which collectively served 156 special needs persons. Additionally, the City supported facility rehabilitation projects for Directions for Living (mental health), which served 11,911 special needs persons. Goal 5: Community Development & Public Services – Enhance the living environment for persons in low- and moderate-income areas through community development activities, public service programs, and elimination of blight. The City addressed this goal by partnering with non-profit organizations that serve low- and moderate-income neighborhoods. Through such partnerships, including those with Intercultural Advocacy Institute, Gulfcoast Legal Services, Inc., Clearwater Martin Luther King, Jr. Neighborhood Center Coalition, R’Club Child Care, Inc. Gateway/Breeden ELA, Clearwater Neighborhood Housing Services, Inc., St. Vincent de Paul Resource Center, and Homeless Emergency Project, Inc. which, together, benefitted 3,542 persons. FY 2022-2023 CAPER (DRAFT) 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal 6: Economic Development - Support programs that create economic opportunities in the City of Clearwater, particularly for persons of low and moderate income and in Neighborhood Revitalization Strategy Areas (NRSAs). The City addressed this goal by funding microenterprise/entrepreneurial technical assistance in partnership with the Hispanic Business Initiative Fund of Florida, Inc. (Prospera) and Tampa Bay Black Business Investment Corporation, Inc., which collectively benefitted 19 businesses (35% of goal). Goal 7: Emergency/Disaster Response - Provide assistance prior to, during, and after a community emergency and/or disaster event to prepare for and/or mitigate loss, protect during an event, and aid with recovery. No activities were planned or funded for emergency/disaster response. This goal is intended to be invoked only upon urgent need. Expenditures for each Strategic Plan goal were consistent with the projects budgeted in the FY 2022-2023 Annual Action Plan. Affordable housing projects often span multiple reporting periods; thus, resulting outcomes carry over into subsequent years and may not be reported in the subject year. Similarly, public facilities and improvement project accomplishments are not reported until the project is complete and may not be reported in the subject year; twelve (12) public facilities and improvement projects were completed, and accomplishments were reported in FY 2022-23, and seven (7) public facilities and improvement projects will carry over and will be reported in FY 2023-24. Additionally, during FY 2022-2023, the City also expended special CDBG-CV funds in the amount of $714,555.19 out of an available $1,351,560. These funds were expended on CDBG-CV eligible activities to prevent, prepare for, and respond to coronavirus. Since the initial allocation, these funds have been expended on COVID-19 related homeless services, case management, emergency non-congregate shelter, legal services, housing navigation, and business assistance through various providers, including Directions for Living (COVID-19 case management for elderly, and emergency non-congregate shelter), Tampa Bay Community Development Corporation (COVID-19 mortgage/utility assistance), Homeless Leadership Alliance of Pinellas, Inc. (COVID-19 housing navigation), Gulfcoast Legal Services, Inc. (COVID-19 housing legal services), and St. Vincent de Paul CARES (emergency non-congregate shelter). These funds have also been used to create outdoor recreational opportunities. These efforts addressed the goals in the substantially amended FY 2019 Annual Action Plan that allocated the City's CDBG-CV funds for coronavirus response. FY 2022-2023 CAPER (DRAFT) 8 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 10,459 1 Black or African American 3,678 3 Asian 134 0 American Indian or American Native 51 0 Native Hawaiian or Other Pacific Islander 45 0 Total 14,367 4 Hispanic 1,452 1 Not Hispanic 12,915 3 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative In FY 2022-2023, CDBG funded public service, public facility, acquisition, housing, and economic development activities that served 19,229 individuals of which 14,367 individuals are reflected in Table 2. The following are the racial and ethnic status of all program participants: White - 10,459 (54.39%); Black/African American - 3,678 (19.13%); Asian - 134 (0.70%); American Indian/Alaskan Native - 51 (0.27%); Native Hawaiian/Other Pacific Islander - 45 (0.23%); American Indian/Alaskan Native & White - 22 (0.11%) Asian & White - 8 (0.04%); Black/African American & White - 22 (0.11%); American Indian/Alaskan Native & Black/African American - 7 (0.04%); Other Multi-Racial - 4,803 (24.94%); 1,919 program participants identified as Hispanic. Additionally, in FY 2022-2023 CDBG-CV funded public service activities that served 1,051 individuals to prepare for, prevent, or respond to the health and economic impacts of COVID-19. (***The table above does not reflect American Indian/Alaskan Native & White; Asian & White; Black/African American & White; American Indian/Alaskan Native & Black/African American; or Other Multi-Racial utilizing CDBG funds.) In FY 2022-2023, HOME funded housing activities served 5 households. The following are the racial and ethnic status of program participants: White - 1 (20%), Black/African American - 3 (60%), and Other Multi-Racial – 1 (20%); 1 program participant identified as Hispanic. In FY 2022-2023, SHIP funded housing activities served 59 households. The following are the known racial and ethnic status of program participants: White - 1 (25%); Black/African American - 2 (50%); FY 2022-2023 CAPER (DRAFT) 9 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 (25%) program participant identified as Other/Multi-Racial. Information on the racial status of the residents of the 48-unit apartment complex are not known. FY 2022-2023 CAPER (DRAFT) 10 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal $3,205,561 $1,291,970 HOME public - federal $3,346,410 $700,861 Other public - state $2,129,695 $1,199,718 Table 3 – Resources Made Available Narrative In FY 2022-2023, the City had $6,551,971 in CDBG and HOME program funding available to fund eligible housing and community development activities, economic development activities, and local agencies that provide services that assist extremely low to moderate-income residents. Adjustments were made to the Resources Made Available default values generated by the system, as the default values included estimates for program income and prior year resources from the Annual Action Plan. The actual funding amount included $1,407,003 in new entitlement funding through the CDBG and HOME programs. The City had $2,822,206 in prior year resources and $1,292,456 in program income. The city also has three revolving loan funds totaling $1,030,306. Not included in the table above, the City is managing an allocation of $1,351,560 in CDBG-CV funds to prevent, prepare for, and respond to the Coronavirus Pandemic. Additionally, regarding the “Other” funding source listed in the table above, the City had a total of $1,127,930 in Florida State Housing Initiatives Partnership (SHIP), $777,423 in SHIP program income, and $224,342 in Pinellas County Housing Trust Fund (PCHTF) program funds available to assist housing needs. The amount of public/state (Other) funding available originally shown in the table above included estimates of program income and carryover funds provided in the 2022/23 Annual Action Plan and has been adjusted to reflect the actual amounts. In FY 2022-2023, the City expended a total of $1,291,970 in CDBG funds and $700,861 in HOME funds. In FY 2022-2023, the City expended $1,199,718 in SHIP funds and $43,700 in PCHTF. FY 2022-2023 CAPER (DRAFT) 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Identify the geographic distribution and location of investments Table 4 – Identify the geographic distribution and location of investments Narrative In FY 2022-2023, the City expended 74% of CDBG and HOME funds on activities through public services, economic development technical assistance, down payment and closing cost assistance, and public facilities projects that benefited individuals/families in the low- to moderate-income areas of the city. The City expended 10% of CDBG and HOME funds through public facilities and rental units rehabilitated that benefited individuals/families in the Downtown Gateway Neighborhood Revitalization Strategy Area. The City expended 9% of CDBG and HOME funds through public facilities that benefited individuals/families in the Lake Bellevue Neighborhood Revitalization Strategy Area. The City expended 7% of CDBG and HOME funds on public services, public facilities, and economic development technical assistance that benefited individuals/families/businesses in the North Greenwood Neighborhood Revitalization Strategy Area. Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide Low- and Moderate- Income Areas 92 74 Accomplished through public services, housing assistance, economic development, & public facilities. Downtown Gateway District Neighborhood Revitalization Strategy Area 2 10 Allocation was accomplished through public facilities and rental units rehabilitated. Lake Bellevue Neighborhood Revitalization Strategy Area 1 9 Allocation was accomplished through public facilities. North Greenwood Neighborhood Revitalization Strategy Area 5 7 Allocation was accomplished through public facilities, public services, and economic development. FY 2022-2023 CAPER (DRAFT) 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. HOME funds expended between October 1, 2022, and September 30, 2023, did not require a HOME match. During the project year, 5 single-family lots were sold to a developer at a discount to develop 5 single-family homes to be sold to qualifying families. Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year $1,273,909 2. Match contributed during current Federal fiscal year $572,071 3 .Total match available for current Federal fiscal year (Line 1 plus Line 2) $1,845,980 4. Match liability for current Federal fiscal year $0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $1,845,980 Table 5 – Fiscal Year Summary - HOME Match Report FY 2022-2023 CAPER (DRAFT) 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non-Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match CFI-401 3/22/2023 $145,240 $145,240 CFI-396 12/23/2022 $138,100 $138,100 CFI-392-1 1/27/2023 $144,320 $144,320 CFI-395 11/30/2023 $144,411 $144,411 Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at begin- ning of reporting period Amount received during reporting period Total amount expended during reporting period Amount expended for TBRA Balance on hand at end of reporting period $1,292,456 $1,255,267 $1,127,464 $0 $1,420,260 Table 7 – Program Income FY 2022-2023 CAPER (DRAFT) 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Number 4 4 Dollar Amount $647,411 $647,411 Sub-Contracts Number 7 7 Dollar Amount $105,818 $105,818 Total Women Business Enterprises Male Contracts Number 4 0 4 Dollar Amount $647,411 $647,411 Sub-Contracts Number 7 0 7 Dollar Amount $105,818 $105,818 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 Dollar Amount $0.00 Table 9 – Minority Owners of Rental Property FY 2022-2023 CAPER (DRAFT) 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired Businesses Displaced Nonprofit Organizations Displaced Households Temporarily Relocated, not Displaced Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 Cost $0.00 Table 10 – Relocation and Real Property Acquisition FY 2022-2023 CAPER (DRAFT) 16 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 275 5 Number of Special-Needs households to be provided affordable housing units 0 0 Total 275 5 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 200 0 Number of households supported through The Production of New Units 26 4 Number of households supported through Rehab of Existing Units 24 0 Number of households supported through Acquisition of Existing Units 25 1 Total 275 5 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City worked diligently to meet the third-year goals as identified in the 2020/2021 - 2024/2025 Consolidated Plan. The Coronavirus pandemic affected staff production with an allocation of $1,351,560 of CARES Act funding passed through the Florida Housing Finance Corporation. The City made modest progress in meeting the affordable housing goals; major obstacles the City faced in FY 2022-23 included the continued increase in construction costs, rising interest rates, and increased property insurance costs. Additionally, the availability of land and/or housing stock for affordable housing is a challenge for FY 2022-2023 CAPER (DRAFT) 17 OMB Control No: 2506-0117 (exp. 09/30/2021) development in an urban, built-out city. The City continues to work with its housing partners to identify land purchase opportunities for affordable housing. The City’s use of SHIP funds facilitated the development of 2 single-family homes and the rehabilitation of 4 residences as well as a 48-unit apartment complex serving VLI families in FY 2022-23. The City also completed 5 down payment assistance loans in FY 2022-23. The City is in the planning stages of 3 development projects that, collectively, will create 278 new units; this was primarily the basis for the one-year goal in the table above. Using General Funds, converted from American Rescue Plan Act Local Fiscal Recovery Funds allocated to affordable housing, the City provided funds for 3 single-family homes for a total of $836,830; 1 home rehabilitation for $56,518; and 10 downpayment assistance loans totaling $495,600. The City provided grant funding totaling $205,098 for emergency repairs for 47 homes. The City also expended $250,000 to assist 38 families displaced due to the closing of the 90-unit Capri Mobile Home Park. Discuss how these outcomes will impact future annual action plans. Affordable housing and homelessness continue to be a high priority and is identified in the FY 2022-2023 Annual Action Plan. More emphasis is being placed on the utilization of the City’s 2 Revolving Loan funds to assist more low- to moderate-income families in their pursuit of homeownership and to assist in the rehabilitation of housing to ensure a safe and decent place to live. The City continued to support economic development with its microenterprise technical assistance program. The City continued to utilize CDBG, HOME, SHIP and Pinellas County Housing Trust Fund (PCHTF) and all other available resources to meet the needs identified. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 1 1 Low-income 0 1 Moderate-income 0 3 Total 1 5 Table 13 – Number of Households Served Narrative Information The City’s housing programs are available to extremely low- to moderate-income households that meet the eligibility requirements for each program. In FY 2022-2023, the City’s housing programs assisted 6 households utilizing CDBG and HOME funds. In addition, the City’s housing programs assisted 59 households utilizing SHIP and PCHTF funds and an additional 61 households using General Funds. The City also distributed $100,118.54 in CDBG-CV funds to help 23 Clearwater residents affected financially by the pandemic to remain in their homes by FY 2022-2023 CAPER (DRAFT) 18 OMB Control No: 2506-0117 (exp. 09/30/2021) providing mortgage assistance, as well as case management services, deposit payment, rent, relocation, and utility expenses to prevent homelessness, including for the vulnerable senior population of Prospect Towers displaced or homeless due to changes implemented by new ownership. Based on the data sourced from the 2016-2020 Comprehensive Housing Affordability Strategy database, the City of Clearwater had 24,890 households whose income was greater than 80% of HUD’s Adjusted Median Family Income (HAMFI); 9,795 households whose income was >50-80% of HAMFI; 5,960 households whose income was >30-50% of HAMFI; and 7,565 households whose income was 30% or below of HAMFI. Cost burden is a fraction of a household’s total gross income spent on housing costs; severe cost burden is defined as more than 50% of income going towards rent and utilities. Among all income groups, 5,730 renters have a cost burden >30-50% of income and 5,290 renters have a cost burden greater than 50% of income. Among all income groups, 4,415 owner-households have a cost burden >30-50% of income and 3,010 owner-households have a cost burden greater than 50% of income. The City of Clearwater is a built-out community and lacks developable land for construction of new affordable owner-occupied and rental housing. These barriers continue to have a negative impact on projects and programs utilized to implement the City’s stated strategies. FY 2022-2023 CAPER (DRAFT) 19 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Clearwater initiated and maintains a comprehensive, holistic approach and established the Homeless Initiative. This initiative provides homeless individuals and families access to comprehensive services. The City is committed to advocating for and supporting those organizations who provide wraparound services and address the root causes of homelessness. Therefore, the City of Clearwater provides financial assistance to 5 organizations that are part of Pinellas County’s Homeless Continuum of Care: Homeless Empowerment Program ($50,000.00), Pinellas Hope ($40,000.00), Pinellas Safe Harbor ($100,000.00), RCS Pinellas ($25,000.00), and The Salvation Army of Upper Pinellas ($10,000.00). In addition, the City contributes $25,000.00 to the Homeless Leadership Alliance (HLA), which is the lead organization overseeing the continuum of care providers in Pinellas County. Following are some of the ways in which city funds are being used to provide services to individuals and families experiencing homelessness:  Overnight, emergency, transitional, or permanent housing to homeless individuals and/or families.  Delivery of case management.  Transportation services for veterans to Bay Pines Hospital. The City of Clearwater actively participates in the two major Councils under the Homeless Leadership Alliance (HLA) Continuum of Care with very specific roles: 1) Providers Council, made up of local government representatives and public and private providers of service to homeless and those at-risk of becoming homeless, to develop recommendations to the HLA on issues affecting the homeless services system, to address the needs of all target groups such as individuals, families, veterans, unaccompanied youth, etc., for permanent housing, and to coordinate planning and recommendations with other community-wide planning groups; and 2) The Funders Council, composed of representatives from local and state governments, businesses, foundations, and other funders of services that affect all homeless/at-risk target groups. The Funders Council develops recommendations to the HLA board of directors on funding of homeless and at-risk of becoming homeless programs and services, as well as on strategically aligning funding resources available for homeless or at-risk of becoming homeless services to make the most effective use of scarce resources. FY 2022-2023 CAPER (DRAFT) 20 OMB Control No: 2506-0117 (exp. 09/30/2021) The City also participates in the Diversity, Equity, and Inclusion Committee. The Diversity, Equity, and Inclusion Committee (DEI) provides insight and guidance for promoting diversity, equity, and inclusion in the Continuum of Care (CoC). The committee will consider and develop strategies for board consideration that foster greater participation and make the CoC more accommodating and reflective of members from diverse backgrounds, perspectives, and abilities. The committee will be aware of and ensure coordination and collaboration of diversity, equity, and inclusion efforts throughout the CoC. The City supports the annual Point-In-Time Survey and Count. The total number of sheltered and unsheltered homeless individuals reported on the Point-in-Time Count & Survey in 2023 was 2,144. Approximately 17.7% of the entire homeless population in Pinellas County self-reported coming from Clearwater. In FY 2022-2023, City staff continued educating City employees and the general public on the city’s homeless initiative, and staff frequently updated the City’s webpage. Additionally, the handout created by City staff containing information on the city’s homeless initiative, including ways the city can assist the homeless population, is placed at every Clearwater public library and in all city facilities. “Give a Hand Up, Not a Hand Out” is the city’s motto. In addition, every new employee receives a wallet-size card with information on how to engage homeless individuals and families and who to contact to provide access to homeless service providers. In FY 2022-2023, the Clearwater Police Department’s Social Services Outreach Specialist directly assisted 332 homeless persons that were placed in Safe Harbor, Pinellas Hope, Homeless Emergency Project, Turning Point, and other continuum of care providers. The Police Department’s Social Services Outreach Specialist identifies individuals that are eligible for services and Social Security benefits and assists them through the process in obtaining those benefits and services. The Police Department’s Social Services Outreach Specialist also helps homeless persons and families to navigate through the shelter system that will lead to permanent housing. In FY 2022-2023, the City provided $236,279 in CDBG funds supporting homeless operations and transitional housing rehabilitation. Funding was provided for seven (7) projects: Homeless Emergency Project, Inc. - 1357 Park Street Improvements; The Salvation Army - Mallory Powell Social Services Campus Improvements; The Kimberly Home, Inc. - Salary support for a Resident Advisor to support the Transitional Housing Program; St. Vincent de Paul Community Kitchen Public Facility Rehabilitation – Phase 2; Homeless Emergency Project, Inc. - Affordable Supportive Housing Improvements; St. Vincent de Paul Community Kitchen and Resource Center - Public Facility Rehabilitation; and Homeless Emergency Project, Inc. – Adult Emergency Shelter Program. The funding provided addressed the following priority needs: Supporting improvements of transitional housing serving extremely low- to moderate-income persons, including the homeless and special needs populations and supporting operations of programs serving extremely low- to moderate-income persons, including the homeless and special needs population. FY 2022-2023 CAPER (DRAFT) 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Addressing the emergency shelter and transitional housing needs of homeless persons In FY 2022-2023, the City provided $236,279.00 in CDBG funding to assist with rehabilitation projects and operational support for the following: $97,996.25 to Homeless Emergency Project, Inc. - 1357 Park Street Improvements; $33,723.50 to The Salvation Army - Mallory Powell Social Services Campus Improvements; $10,460.00 to The Kimberly Home, Inc. - Salary support for a Resident Advisor to support the Transitional Housing Program; $55,925.00 to St. Vincent de Paul Community Kitchen Public Facility Rehabilitation – Phase 2; $1,372.50 to Homeless Emergency Project, Inc. - Affordable Supportive Housing Improvements; $21,108.75 to St. Vincent de Paul Community Kitchen and Resource Center - Public Facility Rehabilitation; and $15,693.00 to Homeless Emergency Project, Inc. – Adult Emergency Shelter Program. In FY 2022-2023, the City, through its General Fund, contributed $100,000 to Pinellas Safe Harbor; $50,000 to Homeless Emergency Project, Inc.; $25,000 to the Homeless Leadership Alliance; $40,000 to Pinellas Hope; $25,000 to Hope Villages of America (formerly RCS Pinellas); and $10,000 to The Salvation Army of Upper Pinellas. The funding supports the operation of programs serving persons and families experiencing homelessness or at risk of becoming homeless and special needs populations. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Pinellas County Human Services provides homeless prevention and self-sufficiency programs targeting the homeless population. The programs target high poverty zone areas throughout the County, to include Clearwater, and focuses on individuals who are disabled and need assistance applying for Federal benefits, assisting homeless families with children seeking affordable, permanent housing and veterans who need assistance with obtaining Federal benefits, with a special focus on homeless veterans to include the following programs: Family Housing Assistance Program; Adult Emergency Financial Assistance Program and Veterans Services Program. The City continues to work closely with Pinellas County to ensure all eligible recipients are referred to the appropriate organization that will assist with their various needs. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again FY 2022-2023 CAPER (DRAFT) 22 OMB Control No: 2506-0117 (exp. 09/30/2021) In FY 2022-2023, the City provided $236,279.00 in CDBG funding to assist with rehabilitation projects and operational support for the following: $97,996.25 to Homeless Emergency Project, Inc. - 1357 Park Street Improvements that assisted 8 housing units; $33,723.50 to The Salvation Army - Mallory Powell Social Services Campus Improvements that assisted 1,048 persons; $10,460.00 to The Kimberly Home, Inc. - Salary support for a Resident Advisor to support the Transitional Housing Program that assisted 18 persons; $55,925.00 to St. Vincent de Paul Community Kitchen Public Facility Rehabilitation – Phase 2 that assisted 0 persons, as accomplishments will be reported when the project is complete; $1,372.50 to Homeless Emergency Project, Inc. - Affordable Supportive Housing Improvements that assisted 29 persons; $21,108.75 to St. Vincent de Paul Community Kitchen and Resource Center - Public Facility Rehabilitation that assisted 1,860 persons; and $15,693.00 to Homeless Emergency Project, Inc. – Adult Emergency Shelter Program that assisted 259 persons. Additionally, the City, through its General Fund, contributed the following in support of transitioning from homelessness to permanent housing and independent living:  $100,000 to Pinellas Safe Harbor, a 470-bed homeless shelter and jail diversion program that opened in January 2011. Transportation is provided to individuals who are willing to enter and receive case management services rather than going to jail.  $50,000 to Homeless Emergency Project, Inc. (HEP) to support their emergency shelter program, family transition program, and permanent supportive and rapid re-housing services. HEP provides shelter and wraparound services to homeless veterans.  $25,000 to the Pinellas County Homeless Leadership Alliance who is the lead agency for the Pinellas County Continuum of Care (CoC) and is also in charge of the Homeless Management Information System (HMIS) that assists service providers to prioritize available resources to the most in need.  $40,000 to Pinellas Hope, a temporary emergency shelter for 250 men and women located on 20 acres provided by Bishop Robert N. Lynch and the Diocese of St. Petersburg. Case Managers meet with the individuals on a regular basis to set goals towards self-sufficiency. Case Managers also assist shelter residents with job and housing placement, perform follow-up visits, and provide after-shelter care to ensure successful outcomes.  $25,000 to Hope Villages of America (formerly RCS Pinellas) that runs the domestic violence shelter program, providing apartment-style emergency shelter to homeless persons and families with children. The program works one-on-one with families through case management, education, job readiness skills, and assisting families with the tools needed to save money in order to secure stable housing.  $10,000 to the Salvation Army of Upper Pinellas for the Hope Crest program, a transitional living center that comprises two- and three-bedroom apartments. Families are offered ongoing assistance of a case manager upon leaving through a new program called Pathway of Hope. FY 2022-2023 CAPER (DRAFT) 23 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City collaborates with the Clearwater Housing Authority (CHA) to foster innovative public housing developments, potential joint ventures and residential initiatives. HUD funds are used to subsidize the Housing Choice Voucher (HCV) Program with approximately 1000 participants and subsidizes 235 units of public housing units. CHA’s affordable housing consists of 529 mixed-income units, which are not subsidized utilizing federal, state, county, or city monies. In FY 2023, the CHA assisted approximately 1,016 families through their monthly Housing Choice Voucher Program, expended approximately $10,725,862 in Housing Assistance Payments, assisted 254 families through its Public Housing Program with approximately $2,662,222 dollars in expenditures. The City and CHA continue to work together to identify opportunities that will provide affordable units to households at 50% AMI, 80% AMI and up to 120% AMI. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The Clearwater Housing Authority (CHA) encourages residents to become more involved with management and to participate in self-sufficiency programs. The CHA offers a Family Self- Sufficiency (FSS) Program for all Housing Choice Voucher holders who wish to improve their financial situation, eliminate their dependence on public assistance and are motivated to change their lives. FSS participants sign a five-year contract, during which time they complete an educational or vocational program, obtain employment, and become free from government assistance. The FSS staff provides the structure and support necessary to break down barriers and achieve goals. Once a FSS participant obtains employment or higher wages, he or she may begin to save money in an escrow account which is awarded upon completion of the program. Actions taken to provide assistance to troubled PHAs The CHA was checked through HUD’s Public Housing Assessment System (PHAS) and is designated as Small PHA Deregulation with a score of 81. No further action is needed. FY 2022-2023 CAPER (DRAFT) 24 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the Sadowski Act. During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill, approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires counties and cities receiving SHIP funds to appoint an eleven-member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City’s existing Neighborhood and Affordable Housing Advisory Board (NAHAB). The City Council adopted Resolution No. 22-19 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. The following are barriers and strategies undertaken by the City to remove or ameliorate the barrier: Barrier: Lack of land available to develop affordable housing projects – Strategy: Prepare inventory of locally-owned public lands suitable for affordable housing. Barrier: Limited funding to invest in production and rehabilitation of attainable housing – Strategy: Strengthen our relationship with the Clearwater Housing Authority and private developers to foster innovative public housing developments, mixed-income residential developments, potential joint ventures and residential initiatives. Barrier: Lack of information concerning the City’s permitting process for affordable housing units and limited information on the City’s affordable incentives and programs – Strategy: Provide information on affordable housing permitting process to interested developers through printed material and City website. Barrier: Land Development codes and incentives and third party barriers such as involuntary easements/encroachments and homeowners insurance - Strategy: Initiate an expedited permitting and ongoing review process; provide for flexible densities for affordable housing projects; reduction of parking setback requirements for affordable housing; allowance of flexible lot configuration, including zero-lot line configuration for affordable housing; and support of development near transportation FY 2022-2023 CAPER (DRAFT) 25 OMB Control No: 2506-0117 (exp. 09/30/2021) hubs, major employment centers, and mixed-use development. While homeowners insurance is required, the City’s policy is to ensure the client receives only the insurance required. Barrier: Public perception of affordable housing development – Strategy: Provide information to the public via printed material, reports and the City website showcasing ongoing and completed projects. Support mixed-income housing development projects that strengthen the socio-economic foundation of the community with the inclusion of market-rate units. Barrier: Maintaining the City’s aging housing stock as a source of affordable housing - Strategy: Provide educational opportunities to citizens concerning barriers that can be eliminated such as poor credit; provide acquisition and rehabilitation loans to non-profits whose goal is to preserve affordable housing; provide down payment loans for eligible homebuyers and rehabilitation loans to eligible homeowners to ensure homes are code compliant. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) A significant obstacle to meeting underserved needs is the lack of financial resources among housing and service providers that support the City’s institutional delivery structure. Local government policies concerning building codes, subdivision standards and impact fees enacted to protect the general welfare of the public have unintended consequences; an example of an unintended consequence is the creation of barriers to housing affordability by increasing per unit development costs that impacts the supply of affordable housing to extremely low- to moderate-income families. Other significant obstacles to meeting underserved needs are rents and housing affordability. Average rents in the City of Clearwater are not affordable to low- and moderate-income households; many households struggle to pay their rent and afford necessities such as food, clothing, medical care and transportation. The City gives priority to the acquisition and construction of new mixed-use development projects especially in the established Neighborhood Revitalization Strategy Areas, where need is greatest. First-time homebuyer obstacles include the purchase price of a single-family home, credit issues and unemployment/underemployment. The City provides first-time homebuyers educational opportunities and down payment and closing cost assistance. In FY 2022-2023, the City provided $2,199,761 for ten single-family home projects built by Habitat for Humanity and Clearwater Neighborhood Housing Services: $403,021 in SHIP funds for homes at 1119 LaSalle Street and 924 Seminole Street and $42,385 in funds from the Housing Trust Fund that also assisted at 924 Seminole Street. In addition, the City provided $917,525 in HOME funds for homes at 1104 Beckett Street, 1147 Engman Street, 1149 Engman Street, 1406 Pennsylvania Avenue and 1125 Tangerine Street. General Ffunds in the amount of $836,830 were allocated for homes located at 1205 Roosevelt Avenue, 922 Eldridge Avenue and 1002 Jones Street. In addition, the City provided $218,875 FY 2022-2023 CAPER (DRAFT) 26 OMB Control No: 2506-0117 (exp. 09/30/2021) in SHIP funds to help 5 low-income families purchase homes in Clearwater and utilized $165,255 in SHIP funds to assist 4 low-income Clearwater homeowners with housing rehabilitation needs. The City provided $6,975 in SHIP funds to Tampa Bay Community Development Corporation and $20,275 in SHIP funds to Clearwater Neighborhood Housing Services, Inc., for homebuyer education/counseling that assisted 164 individuals. These activities preserve the existing housing stock through acquisition, rehabilitation, and construction of affordable rental units; rehabilitation of aging single-family homes; the increase of available affordable homes through new construction and improved access; homebuyer education; and down payment and closing cost assistance for qualified low- to moderate-income households. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-based paint continues to be a problem throughout cities across the United States. It is usually prevalent in homes built prior to 1978. The City maintains that lead-based paint is a serious issue and conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are present, the lead paint is either removed or covered in a manner prescribed by HUD. The City continues its effort to rid structures of lead-based paint and inspects homes built prior to 1978 for any presence of lead-based paint. If the presence of lead-based paint is found, the City requires removal of the paint as part of its down payment and closing cost assistance and rehabilitation programs. Additionally, the City continues to coordinate with agencies in the Clearwater area that screen residents for elevated blood lead levels (EBL) and inspect housing units for lead-based paint hazards. These agencies include the Pinellas County Health Department and the Clearwater and Pinellas County Housing Authorities, among others. The City places information about lead-based paint and safety on the City’s Affordable Housing Division webpage. Program activities include: Assurance that children identified as at risk receive blood lead testing and a child with elevated lead levels receives follow-up care; promotion of a public awareness campaign through education and disbursement of educational materials via physicians and the community; routine placement of educational materials on the City’s Affordable Housing Division webpage; assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes; initiation of supportive lead hazard control services to eliminate hazards identified in homes; and evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) According to the 2016-2020 American Community Survey 5-Year Estimates, 15.5% of all people living in the City of Clearwater are at poverty level or below. To combat this statistic, the City continued to coordinate with a number of agencies that support poverty-level families. These agencies provide services to other homeless and non-homeless special needs populations, as well as to low- to moderate- income families. Such services include referrals to affordable housing; employment assistance; job training; and economic opportunity. FY 2022-2023 CAPER (DRAFT) 27 OMB Control No: 2506-0117 (exp. 09/30/2021) In FY 2022-2023, the City provided $17,437 in CDBG funds to Intercultural Advocacy Institute, Inc. and $13,536 to Pinellas Opportunity Council, Inc. These two organizations provided for family advocacy and mentoring toward academic and employment success or self-sufficiency. The City provided $15,693 to Gulfcoast Legal Services to represent low-income clients; $17,437 to WestCare GulfCoast-Florida to provide substance abuse services; $10,460 to The Kimberly Home to support the Transitional Housing Program;; $192,966 to Homeless Emergency Project to provide homeless facilities and shelters; and $110,758 to St. Vincent de Paul CKRC and The Salvation Army to provide a community kitchen and resource center and social services facility to provide meals and basic needs to homeless persons and those at risk of becoming homeless. Combined, these agencies assisted 3,201 individuals throughout the program year. In FY 2022-2023, the City provided $10,825 in CDBG funds to Hispanic Business Initiative Fund of Florida, Inc. dba Prospera that assisted 10 businesses and $9,000 in CDBG funds to Tampa Bay Black Business Investment Corporation that assisted 9 businesses. Both organizations provided technical assistance to small businesses and entrepreneurs. Prospera served Clearwater’s Hispanic community primarily in the Downtown Gateway Neighborhood Revitalization Strategy Area, and Tampa Bay BBIC served residents/entrepreneurs located primarily in the North Greenwood Neighborhood Revitalization Strategy Area. Through the coordination of programs, including the Environmental Protection Agency; State Brownfields Redevelopment Initiatives; Juvenile Welfare Board; United Way; the Eckerd Foundation; Career Source Pinellas; and the University of South Florida; the City continued to expand its efforts to reduce impediments. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City continued to work with its own departments and various housing and public service providers, as well as partners of their programs, in an effort to expand opportunities and to make continuous improvements to the institutional structure. Continued actions will include solicitation of feedback on referral processes and other means of coordination between such providers and the City of Clearwater. In FY 2022-2023, the City supported an array of activities that strengthen the institutional structure’s ability to serve persons of extremely low- to moderate-income; persons with special needs; and the homeless population. These activities include case management; emergency shelter; transitional housing; behavioral and mental health services; supportive services for the elderly; facilities for the disabled; referrals to appropriate housing providers; affordable housing unit construction and rehabilitation; homebuyer education; down payment assistance; and access to economic opportunity technical assistance. FY 2022-2023 CAPER (DRAFT) 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City continued to coordinate with housing and public service providers to develop an effective institutional structure and enhance interagency coordination. The City continued to work with the Clearwater and Pinellas County housing authorities to improve access to public housing and tenant- based assistance. Although funding for public housing authorities is limited, and competition for affordable housing is high, these agencies continued to provide housing-related activities to include rental assistance; rehabilitation; and new construction for low- to moderate-income individuals. Input from public housing authorities is solicited during preparation of the City’s Annual Action Plan. Additionally, the City promotes coordination between non-profit and private for-profit housing providers through its Neighborhood and Affordable Housing Advisory Board (NAHAB), through the SHIP- mandated Affordable Housing Advisory Committee (AHAC) in conjunction with the Local Housing Assistance Plan and Local Housing Incentive Strategy reports, and through the Annual Action Plan process. Moreover, annual meetings in conjunction with the Action Plan process provide an opportunity for these providers to interact. Public service providers in the greater Clearwater area provide a wide array of services to extremely low- to moderate-income individuals. These organizations typically have a specific target population that they serve (homeless individuals/families; persons with special needs or disabilities; extremely low- to moderate-income families) and possess a level of knowledge and expertise that is invaluable when identifying underserved needs. The continuation and expansion of these public services were encouraged by means of matching programs with funding, as available. The City recognizes that improved coordination between housing and public service providers will continue to be a critical action toward preventing homelessness. Therefore, input from public service providers is solicited during preparation of the City’s Annual Action Plan. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) In FY 2020-2021, Pinellas County’s Office of Human Rights and the Community Development and Planning Division of the Planning Department prepared a countywide Analysis of Impediments to Fair Housing Choice (Analysis) which included the City of Clearwater. Data from the Analysis suggested that the following types of impediments exist: (1) Cost and Availability, (2) Evictions, (3) Housing Stock, (4) Protected Classes, (5) Education, (6) Underserved Transportation Corridors, and (7) Limited English Proficiency. The City funded programs that offer free classes for persons interested in homeownership, as well as provides outreach and training in fair housing. In prior years, this activity was funded with CDBG. In FY 2022-2023, the City used SHIP funds to provide homebuyer education to 164 clients through partnerships with Clearwater Neighborhood Housing Services, Inc. and Tampa Bay Community Development Corporation. The City’s efforts are furthered through partnerships with the Pinellas FY 2022-2023 CAPER (DRAFT) 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Realtor Organization which subscribes to the Affirmative Marketing Agreement and the Bay Area Apartment Association; both entities work to educate its members on Fair Housing issues. The City supported self-help initiatives based on volunteers providing housing assistance to designated elderly and indigent property owners and assisted them in complying with municipal housing codes to include individual volunteers; community and religious organizations/institutions; and businesses as a means of supplementing financial resources for housing repair and neighborhood cleanups to include Paint Your Heart Out and United Way’s Day of Caring. The City established the Affordable Housing Advisory Committee (AHAC), that provides oversight and review of incentives that will encourage the development of affordable housing. The AHAC provides recommendations annually to the City to consider strategies that will facilitate development of affordable housing and the removal of barriers. Inquiries from extremely low- to moderate-income tenants are often referred to the City’s Code Enforcement staff. Tenants often seek remedies for actual or perceived Housing Code violations in their rental unit that the landlord or property management company may have declined to address or for repairs that are being addressed by the landlord at an unacceptable pace for the tenant. City code enforcement staff provides general information on code enforcement alternatives and remedies as well as the State’s landlord tenant law. Some tenants are referred to pro bono or low-cost legal assistance programs to serve tenants needs. While the City does not provide legal services, the City provided $15,693 in CDBG funds and $12,698 in CDBG-CV funds to Gulfcoast Legal Services, Inc. (GLS) to provide civil legal aid related to housing related matters to 18 residents. Also, Pinellas County Clerk of the Circuit Court operates three legal self-help centers to assist Pinellas County citizens on representing themselves in court in regard to family law; small claims; or landlord/tenant matters. The self-help centers provide consultation with an attorney for a minimal fee; forms and packets for civil court actions; document notary; and copying services. FY 2022-2023 CAPER (DRAFT) 30 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City is responsible for monitoring all agreements administered under its CDBG and HOME programs, advising subrecipients on their performance and ensuring compliance with Federal rules and regulations corresponding to the funding source. Monitoring is necessary to ensure that subrecipients continue to meet expectations for timeliness, capacity, and reporting; and that activities continue to meet National Objectives and other program goals. Through frequent monitoring, conflicts of interest and opportunities for waste, mismanagement, fraud and abuse are minimized. Onsite or desk monitoring visits occur at least annually depending on the risk-level of the subrecipient, or if concerns were identified during a prior visit, onsite monitoring visits may occur more frequently to determine compliance or until corrective actions are taken. Staff contacts the subrecipient by phone or email to schedule a monitoring visit and follows up with a formal Notification Letter to the recipient at least two weeks prior to the scheduled visit. The Notification Letter includes confirmation of the date, time and duration of the visit, a description of the purpose for the monitoring visit, and identification of the subrecipient representatives expected to be present and any office/meeting space that will be required. The City conducted monitoring activities remotely during FY 2022-2023 due to health risks from the pandemic. In preparation for an onsite monitoring visit, City staff reviews all documentation associated with the subrecipient’s records, including but not limited to original application for CDBG or HOME funding; subrecipient agreement; requests for payment and corresponding documentation; monthly or quarterly reports; documentation from previous monitoring visits; and copies of other audits performed. At the beginning of the scheduled onsite monitoring visit, City staff holds an entrance conference with the subrecipient’s Director and appropriate financial and program staff. The entrance conference reiterates the schedule and purpose of the onsite monitoring visit and documents the subrecipient’s participation. The entrance conference is used to convey the City’s responsibility to monitor the subrecipient to determine whether the use of Federal funds is appropriate and consistent with the agreement, even if the onsite monitoring visit presents an inconvenience for the subrecipient. Within 30 days after the visit, the City mails a monitoring letter to the subrecipient that details the results of the onsite monitoring visit. The letter identifies any Findings or Concerns as follows: Finding – A violation of law or regulation that could result in a sanction; or Concern – A matter that, if not properly addressed, could become a finding that could result in a sanction. FY 2022-2023 CAPER (DRAFT) 31 OMB Control No: 2506-0117 (exp. 09/30/2021) The monitoring letter details each Finding identified, if applicable, along with the corresponding citation(s) of applicable laws, regulations, or program policies and the supporting fact(s) collected during the onsite visit. For each Finding identified, the letter specifies the corrective action(s) that the subrecipient must take along with a specific date by which the subrecipient must provide a written response detailing how and by when the corrective action(s) will be taken. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. As required, reasonable notice for review and comment of the CAPER was provided. Public notice of two public meetings and a public comment period was published in the Tampa Bay Times on December 6, 2023, advising of the availability of this performance report for viewing and public comment from December 6, 2023, through December 21, 2023. The notice was placed on the City of Clearwater’s Affordable Housing webpage located at www.myclearwater.com/housingnotices. No comments were received during the comment period. FY 2022-2023 CAPER (DRAFT) 32 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The programs administered during FY 2022-2023 were Housing, Homelessness, Non-Homeless Special Needs, Community Development and Public Services, and Economic Development. Housing includes: Habitat for Humanity of Pinellas County – Single Family Homes; and The Kimberly Home, Inc. – Rehabilitation of Multi-Unit Residential. Homelessness includes: Homeless Emergency Project, Inc. – 1357 Park Street Improvements; The Salvation Army – Mallory Powell Social Services Campus improvements; The Kimberly Home, Inc. – Salary support for a Resident Advisor to support the Transitional Housing Program; St. Vincent de Paul Community Kitchen Public Facility Rehabilitation – Phase 2; Homeless Emergency Project, Inc. – Affordable Supportive Housing Improvements; St. Vincent de Paul Community Kitchen and Resource Center – Public Facility Rehabilitation; and Homeless Emergency Project, Inc. – Adult Emergency Shelter Program. Non-Homeless Specials Needs includes: WestCare GulfCoast-Florida, Inc. – For case management services at the Turning Point facility, an inebriate shelter; Pinellas Opportunity Council, Inc. – Chore Services; Directions for Living – Elevator Improvements with ADA Compliance; The Arc Tampa Bay, Inc. – Waterfall Apartment Program; and Directions for Living – Exterior Safety and Security Improvements. Community Development and Public Services includes: Gulfcoast Legal Services, Inc. – Housing Legal Services; Intercultural Advocacy Institute, Inc. – Youth Leaders Partnership Program; Clearwater Martin Luther King, Jr. Neighborhood Center Coalition – MLK Jr. Community Center Rehabilitation; R’Club Child Care, Inc. – Gateway Early Learning Academy Painting Improvements; R’Club Child Care, Inc. – Breeden Early Learning Academy Rehabilitation; Clearwater Neighborhood Housing Services, Inc. – Main Office Improvements; Homeless Emergency Project, Inc. – Shelter Dining Hall Roof Rehabilitation; Homeless Emergency Project, Inc. – Independence Square Roof Rehabilitation; R’Club Child Care, Inc. – Breeden Early Learning Academy Painting Improvements; St. Vincent de Paul – Resource Center Roof Rehabilitation; Homeless Emergency Project, Inc. – Adult Dormitory Roof Rehabilitation; and City of Clearwater – Elks Lodge Demolition. Economic Development includes: Tampa Bay Black Business Investment Corporation – Technical Assistance; and Hispanic Business Initiative Fund of Florida, Inc. dba Prospera – Technical Assistance. Other: Directions for Living – Prospect Towers Senior Services (CDBG-CV); Tampa Bay Community Development Corporation – Mortgage/Utility Assistance Program (CDBG-CV); Homeless Leadership Alliance, Inc. – COVID-19 Housing Navigation (CDBG-CV); Gulfcoast Legal Services, Inc. – COVID-19 FY 2022-2023 CAPER (DRAFT) 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Housing Legal Services (CDBG-CV); Directions for Living – Emergency Non-Congregate Shelter for Homeless Families (CDBG-CV); R’Club Child Care, Inc. – Breeden Early Learning Academy COVID-19 Air Quality Upgrades (CDBG-CV); R’Club Child Care, Inc. – Gateway Early Learning Academy COVID-19 Air Quality Upgrades (CDBG-CV); St. Vincent de Paul CARES – Emergency Non-Congregate Shelter for Homeless Families (CDBG-CV); City of Clearwater – Ross Norton Playground (CDBG-CV); and City of Clearwater – Ross Norton Recreational Pier at Lake Bellevue (CDBG-CV). The City will actively pursue multi-family rehabilitation and acquisition and new construction projects utilizing Revolving Loan funds in fiscal year 2023-2024. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. FY 2022-2023 CAPER (DRAFT) 34 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-50 - HOME 24 CFR 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Inspection of initial lease-up of rental housing units is conducted by City staff and ongoing inspections of rental housing funded by HOME funds are also conducted by City staff or contracted compliance monitoring agency. All HOME funded projects are monitored annually, either by a desk review or an onsite inspection. A desk review includes compliance with income and rent eligibility requirements and financial records. An onsite monitoring includes compliance with income and rent eligibility requirements, financial reports, program records/files and is performed at least every two or three years as applicable. The following identifies all projects that received an onsite or desk review in FY 2022- 2023:  Abilities of Morningside II (2500-1 Harn Boulevard) – Onsite inspection - In compliance  Abilities of St. Andrews Cove (605 North Keene Road) – Onsite inspection - In compliance  Homeless Emergency Project (1250 Palmetto Street) – Onsite inspection - In compliance  Fairburn Apartments (1102 Fairburn Avenue) – Onsite inspection - In compliance  Kimberly Home, Inc. (114 North Missouri Avenue) – Onsite inspection - In compliance  Kimberly Home, Inc. (1192 Browns Court) – Onsite inspection- In compliance  Pineberry Apartments (1225 Highland Avenue) – Onsite Inspection - In compliance  Prospect Towers (801 Chestnut Street) – Onsite inspection - In compliance  Garden Trail Apartments (609 Seminole Street) – Onsite Inspection - In Progress  Norton Apartments (1450 South Martin Luther King Jr. Avenue) – Desk audit - In compliance  CSF-Tieman Village (1101-1119 Woodlawn Street) – Onsite inspection – In compliance Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a) As part of the HOME application, applicants are required to submit an affirmative marketing plan to the City which must conform to the City’s affirmative marketing requirements. Monitoring of affirmative marketing for HOME funded units is incorporated into the City’s overall monitoring process. During each onsite monitoring visit, the City monitors subrecipients for compliance with affirmative marketing requirements. FY 2022-2023 CAPER (DRAFT) 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics HOME Program Income received during the program year totaled $1,292,456. In FY 2022-2023, HOME funds were expended on 5 activities and administration/planning totaling $1,351,858. Program Income was expended as it became available with 10% utilized for administration/planning. The following are racial and ethnic status of HOME program participants: White - 2 (40%) and Black/African American - 3 (60%); 1 program participant identified as Hispanic. The following are income levels of the HOME program participants: 0 were extremely low (below 30%) or 0%, 2 were low (between 30% - 60%) or 40%, and 3 were low income (between 60% - 80%) or 60%. Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j) During FY 2022-2023, the City continued to proactively support, develop, and maintain affordable housing. Utilizing CDBG, HOME, SHIP and Pinellas County Housing Trust Fund, the City assisted 7 households to become first-time homeowners through down payment and closing cost assistance; assisted 14 homeowners to preserve their homes through rehabilitation; funds were provided to The Kimberly Home for the rehabilitation of 1 rental unit to further their mission of housing homeless pregnant women; funds were provided to Habitat for Humanity of Pinellas County to construct 6 single family homes, 5 of which are currently under construction. Funds were also provided to Clearwater Neighborhood Housing Services for the construction of 4 single family units of which 3 are currently under construction. The City is also working with two developers to construct 2 large multi-family projects including an 81-unit tax credit project and a 173-unit mixed income, workforce and affordable housing project. The City also completed competitive procurement process for development of a 1.3-acre City owned lot to construct 24 workforce and affordable townhomes for homeownership. Construction is expected to begin during Program Year 2023-24. The City continues to support national, state, and local housing policies and continues to educate and inform citizens and elected officials of the need for affordable housing. FY 2022-2023 CAPER (DRAFT) 36 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 0 0 0 0 0 Total Labor Hours Total Section 3 Worker Hours Total Targeted Section 3 Worker Hours Table 14 – Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0 Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 0 Direct, on-the job training (including apprenticeships). 0 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. 0 Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). 0 Outreach efforts to identify and secure bids from Section 3 business concerns. 0 Technical assistance to help Section 3 business concerns understand and bid on contracts. 0 Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 0 Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. 0 Held one or more job fairs. 0 Provided or connected residents with supportive services that can provide direct services or referrals. 0 Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. 0 Assisted residents with finding child care. 0 Assisted residents to apply for, or attend community college or a four year educational institution. 0 Assisted residents to apply for, or attend vocational/technical training. 0 Assisted residents to obtain financial literacy training and/or coaching. 0 Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. 0 Provided or connected residents with training on computer use or online technologies. 0 Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. 0 FY 2022-2023 CAPER (DRAFT) 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. 0 Other. Table 15 – Qualitative Efforts - Number of Activities by Program Narrative In FY 2022-2023, the City of Clearwater had no projects subject to Section 3. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9726-23 2nd rdg Agenda Date: 12/19/2023 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: City Council Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9726-23 on second reading, making amendments to the Community Redevelopment Code by amending Appendix C, Downtown District and Development Standards, Division 3. Character District Standards and Division 8. Flexibility. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 12/14/2023 ORDINANCE NO. 9726-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, BY AMENDING SECTION 6-109 TERMINATION OF STATUS AS A NONCONFORMITY; BY AMENDING APPENDIX C, DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS, DIVISION 3. CHARACTER DISTRICT STANDARDS AND DIVISION 8. FLEXIBILITY; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted the Community Development Code on January 21, 1999, which took effect on March 8, 1999; and  WHEREAS, on August 2, 2018, the City adopted a new Downtown District and Development Standards as Appendix C of the Community Development Code to ensure Downtown redevelops with quality urban design, a high-quality public realm, and a dense and livable pattern of development; and  WHEREAS, the Public Amenities Incentive Pool was established by the Clearwater Downtown Redevelopment Plan (“Downtown Plan”) to achieve the City’s vision for Downtown Clearwater as the urban core and heart of the City which will be an attractive place to live, work, shop, and play and to overcome the numerous constraints affecting redevelopment; and WHEREAS, the City has determined where the Community Development Code needs clarification and revision; and WHEREAS, the City desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, the City has determined that these amendments to the Community Development Code promote and support the public health, safety, morals, and welfare, of the City’s residents; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 6, Nonconformity Provisions, Section 6-109, Termination of Status as a Nonconformity, be amended to read as follows: 2 Ordinance No. 9726-23 Section 6-109 – Termination of Status as a Nonconformity A. A nonconforming use or structure may be deemed to be in conformity with this Development Code and may thereafter be allowed to continue and to expand as a lawfully existing use or structure if such use or structure is granted level two approval in accordance with the provisions this section. B. A structure which is nonconforming with respect to density/intensity may be deemed to be in conformity with this Development Code and may thereafter be allowed to continue, to expand or be reconstructed provided such termination of nonconforming density/intensity is granted through a Level Two approval. Additionally, a site plan shall be submitted concurrently for review and approval by the Community Development Board that demonstrates compliance with the following: 1. If the existing structure is to remain or be expanded, such required site plan shall demonstrate compliance with the provisions set forth in Section 6-109.C below. All required improvements shall be completed within one year of the issuance of the Level Two development order approval or the termination will be null and void. 2. If reconstruction of the nonconforming density/intensity is proposed, the required Level One or Level Two application shall be submitted in conjunction with the Level Two termination request and shall demonstrate compliance with the provisions of this Community Development Code. In the event such reconstruction does not occur within the timeframe specified in the development order granting the termination, such property shall comply with the provisions set forth in Section 6-109.C below within one year of the expiration of the development order or the termination of nonconformity will be null and void. 3. If the required improvements or reconstruction authorized in any development order granted pursuant to 6-109.B.1. or 2. above are constructed, the nonconforming density/intensity shall be deemed legal and shall run with the land. Any future redevelopment utilizing this density/intensity shall comply with the provisions of the Community Development Code in effect at that time. 4. Should the improvements on a property be demolished during the valid timeframe of a development order terminating nonconforming density/intensity pursuant to this section and the property is vacant, the property shall be deemed to be in compliance with these provisions and such termination of nonconforming density/intensity shall be vested and run with the land. 5. Any terminated nonconforming units/floor area granted through Section 6-109.B.1. or 2. above shall not be transferred to another site or converted for another use. B. A structure which is nonconforming with respect to setbacks may, in addition to being deemed to be in conformity with this Community Development Code pursuant to Section 6-109.A, also be reconstructed if the reconstruction is approved by the Community Development Board as a Level Two approval that meets the following additional criteria: 1. The reconstruction complies with all other requirements of this Community Development Code; and 2. The reconstruction is consistent with the size, location, and intensity of the previously existing terminated nonconforming structure; and 3 Ordinance No. 9726-23 3. The reconstruction with the approved setbacks will not negatively impact the surrounding area; and 4. The design of the proposed project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development; and 5. The intended vision for any applicable character district in which the property is located will be met. C. A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established in Section 3-1202(E). 3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign program may be used to satisfy the requirement of this section. 5. The use and structure complies with the general standards for Level One and Level Two approvals set forth in Section 3-914. C. Any property located in the Downtown District that has been subject to a termination of nonconformity with regard to building height may reconstruct such height if approved by the Community Development Board as Level Two approval in accordance with the following criteria: 1. The reconstruction complies with all other requirements of this Community Development Code; and 2. The reconstruction of such increased height would not negatively impact the surrounding area; and 3. The design of the proposed project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development; and 4. The intended vision for the character district in which the property is located would be met. D. Any property located in the Downtown District that has been subject to a termination of nonconformity with regard to building height may reconstruct such height if approved by the Community Development Board as Level Two approval in accordance with the following criteria: 1. The reconstruction complies with all other requirements of this Community Development Code; and 2. The reconstruction of such increased height would not negatively impact the surrounding area; and 4 Ordinance No. 9726-23 3. The design of the proposed project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development; and 4. The intended vision for the character district in which the property is located would be met. D. A structure which is nonconforming with respect to density/intensity may be deemed to be in conformity with this Development Code and may thereafter be allowed to continue, to expand or be reconstructed provided such termination of nonconforming density/intensity is granted through a Level Two approval. Additionally, a site plan shall be submitted concurrently for review and approval by the Community Development Board that demonstrates compliance with the following: 1. If the existing structure is to remain or be expanded, such required site plan shall demonstrate compliance with the provisions set forth in Section 6-109.E below. All required improvements shall be completed within one year of the issuance of the Level Two development order approval or the termination will be null and void. 2. If reconstruction of the nonconforming density/intensity is proposed, the required Level One or Level Two application shall be submitted in conjunction with the Level Two termination request and shall demonstrate compliance with the provisions of this Community Development Code. In the event such reconstruction does not occur within the timeframe specified in the development order granting the termination, such property shall comply with the provisions set forth in Section 6-109.E below within one year of the expiration of the development order or the termination of nonconformity will be null and void. 3. If the required improvements or reconstruction authorized in any development order granted pursuant to 6-109.D.1. or 2. above are constructed, the nonconforming density/intensity shall be deemed legal and shall run with the land. Any future redevelopment utilizing this density/intensity shall comply with the provisions of the Community Development Code in effect at that time. 4. Should the improvements on a property be demolished during the valid timeframe of a development order terminating nonconforming density/intensity pursuant to this section and the property is vacant, the property shall be deemed to be in compliance with these provisions and such termination of nonconforming density/intensity shall be vested and run with the land. 5. Any terminated nonconforming units/floor area granted through Section 6-109.D.1. or 2. above shall not be transferred to another site or converted for another use. E. A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. Perimeter buffers conforming to the requirements of Section 3-1202.D shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established in Section 3-1202.E. 3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed, or brought into conformity with this development code. 5 Ordinance No. 9726-23 4. The comprehensive landscaping and comprehensive sign program may be used to satisfy the requirements of this section. 5. The use and structure complies with the general standards for Level One and Level Two approvals set forth in Section 3-914. * * * * * * * * * * Section 2. That Appendix C. Downtown District and Development Standards, Division 3. Character District Standards, Section C-301. Development Potential, be amended to read as follows: Section C-301. – Development Potential. * * * * * * * * * * Table 1. Tier 1 Public Amenities Incentive Pool Criteria Requirement (Public Benefit) Type of Bonus (Residential Density, Hotel Density, Floor Area) Downtown Core Old Bay South Gateway Prospect Lake Downtown Gateway Rental residential units1 provided in project consistent with one of the following: • Minimum 25% gross floor area is rental residential for a mixed-use project; or • Minimum 50% is dedicated rental if project is residential-only. Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) 40% -- -- 40% -- -- 40% -- -- 40% -- -- 40% -- -- Residential units1 provided in project consistent with one of the following: • Minimum 25% gross floor area is residential for a mixed-use project; or • Project is residential-only (100% residential). Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) 20% -- -- 20% -- -- 20% -- -- 20% -- -- 20% -- -- Residential units1 provided in project (bonuses may not be stacked): • Rental Residential Project: Minimum 25% gross floor area is rental residential for a mixed-use project or minimum 50% is dedicated rental if project is residential-only; OR • Owner-occupied Residential Project: Minimum 25% gross floor area is residential for a mixed-use project or project is 100% residential. Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) 40% -- -- 20% -- -- 40% -- -- 20% -- -- 40% -- -- 20% -- -- 40% -- -- 20% -- -- 40% -- -- 20% -- -- 6 Ordinance No. 9726-23 Class A Office space provided in project consistent with all of the following: • Minimum 25% of building’s aggregate rentable floor area as defined by the Building Owners and Managers Association International (BOMA) is solely reserved for occupancy by office uses; and • Such rentable floor area is Class A as determined by the Economic Development and Housing Director.2 Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) -- -- 25% -- -- -- -- -- -- -- -- 20% -- -- -- Hotel use includes a minimum of 20% of gross floor area comprised of public function space (e.g., meeting rooms, ballrooms, banquet halls). Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) -- 25% -- -- -- -- -- -- -- -- -- -- -- -- -- LEED Gold certification or equivalent as determined by the Community Development Coordinator achieved when project constructed.3 Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) 35% 20% 20% 35% 20% 20% 35% 20% 20% 35% 20% 20% 35% 20% 20% Public parking provided through one of the following: • Structured parking that includes a minimum of 10% of all required vehicle parking spaces or 20 spaces total, whichever is greater, reserved for public parking; or • Financial support to the city’s parking fund or its successor fund equal to one and one quarter of a percent (1.25%) of the aggregate job value. Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) 35% 20% 20% 35% 20% 20% 35% 20% 20% 35% 20% 20% 35% 20% 20% Property frontage(s) meet the city's streetscape standards consistent with the Master Streetscape Plan within the Clearwater Downtown Redevelopment Plan or as determined by the Community Development Coordinator and City Engineer (e.g., wider sidewalks, decorative street lighting, street furniture). Residential (du/ac)Hotel (ov/ac) Floor Area (FAR) 35% 20% 20% 35% 20% 20% 35% 20% 20% 35% 20% 20% 35% 20% 20% Property frontage(s) along certain streets4 providing streetscaping determined by the Community Development Coordinator and City Engineer to meet the following: • The city’s streetscape standards consistent with the Master Streetscape Plan within the Clearwater Downtown Redevelopment Plan, or • An enhanced pedestrian realm that meets the corresponding guidelines in the Complete Streets for Clearwater Implementation Plan. Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) 35% 20% 20% 35% 20% 20% 35% 20% 20% 35% 20% 20% 35% 20% 20% 7 Ordinance No. 9726-23 Electric Vehicle (EV) Parking Spaces provided in project consistent with all of the following: • Minimum 20% of all required parking spaces and a minimum 10% for all additional parking spaces (not required), or 10 spaces total, whichever is greater, are EV-Ready;4 5 and • Minimum 5% of all required parking spaces and a minimum of 2% for all additional parking spaces (not required), or two spaces, whichever is greater, have electrical vehicle supply equipment (EVSE) with Level 2 charging capacity or greater installed. Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) 15% 10% 10% 15% 10% 10% 15% 10% 10% 15% 10% 10% 15% 10% 10% Public art provided through one of the following: • Minimum one percent (1%) of the aggregate job value up to the sum of $350,000 per project for the provision of public art located in publicly accessible locations;5 6 or • Financial support to the city’s public art fund or its successor fund equal to three quarters of one percent (0.75%) of the aggregate job value (applies to any portion of bonus requested). Residential (du/ac) Hotel (ov/ac) Floor Area (FAR) 10% 5% 5% 10% 5% 5% 10% 5% 5% 10% 5% 5% 10% 5% 5% Footnotes: 1. Projects providing affordable or workforce housing shall provide to the Community Development Coordinator a restrictive covenant, duly executed by the owner of the parcel(s), in a form approved by the city attorney, that has been recorded in the Public Records of Pinellas County, Florida. This covenant shall: address income restrictions: homebuyer or tenant qualifications; long-term affordability, any other applicable restrictions and qualifications pertaining to the development and the reserved affordable or workforce housing units: and shall run with the land and shall be binding on the assigns, heirs and successors of the applicant. Reserved affordable or workforce housing units that are provided under this section, whether rental or owner-occupied, shall remain as affordable housing for a minimum of 15 years from the date of initial occupancy. Prior to June 1st of each year, the property owner(s) or authorized property manager of any reserved rental affordable or workforce housing dwelling unit shall submit to the city' s Economic Development and Housing Department Director an annual report for the preceding calendar year, in a format as approved by the city, in order for the city to verify that the tenants meet the income requirements for the reserved rental affordable housing dwelling units and that other stipulations in the covenant are being met. 2. Class A office space is defined as office space that features the finishes, amenities, building systems, and services within the building based upon the best quality 1% of office space present in the Tampa- St. Petersburg- Clearwater Metropolitan Statistical Area, and shall be verified by the city' s Economic Development and Housing Director. 3. Applicant shall submit the LEED Project Checklist or equivalent documentation prior to building permit issuance. Additionally, applicant shall post a bond at time of building permit application equal to the cost to construct the equivalent number of units received from the density bonus utilizing the rental or other residential housing bonus detailed in this table. If the project does not achieve LEED Gold certification, this bond shall be forfeited, and monies deposited into the city' s housing trust fund or its successor fund. 4. The following streets are eligible for the streetscape bonus: Osceola Avenue, Fort Harrison Avenue, Garden Avenue, Missouri Avenue, Martin Luther King Jr. Avenue, and Prospect Avenue. 5. To be EV Ready the project must include a dedicated electrical circuit with sufficient capacity for future dedicated Level 2 charging or greater provided for each required space. Each circuit shall have conduit and wire sufficient to provide Level 2 charging or greater and shall end at an electrical box or enclosure located near each required space. 6. Aggregate job value shall be the combined job value of all building permits required for the construction of the project (e. a., site work, permits for individual structures, etc.). du/ac= dwelling units per acre FAR= floor area ratio ov/ac= overnight accommodation units per acre 8 Ordinance No. 9726-23 * * * * * * * * * * Section 3. That Appendix C. Downtown District and Development Standards, Division 8. Flexibility, Section C-803. Flexibility Provisions, be amended to read as follows: Section C-803. – Flexibility Provisions. * * * * * * * * * * N. General Flexibility Provisions. 1. Flexibility in the application of development standards for governmental uses, places of worship, certain indoor recreation uses such as auditoria, museums, and stadiums, public transportation facilities, public utilities uses, and for projects on parcels not fronting on a street may be approved if the proposed development is consistent with the vision, guiding principles, goals, objectives, and policies of the Clearwater Downtown Redevelopment Plan. Buildings and improvements shall include architectural details, landscape screening, and other treatments that contribute to the creation of safe and comfortable pedestrian environments along pedestrian walkways and/or public sidewalks and shall meet the development standards to the greatest extent practicable as determined by the Community Development Coordinator. Section 4. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 5. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 6. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 7. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 8. This ordinance shall take effect immediately upon adoption. 9 Ordinance No. 9726-23 PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Brian J. Aungst, Sr. Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC Senior Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: November 21, 2023 AGENDA ITEM: F.1 CASE: TA2023-10003 ORDINANCE NO.: 9726-23 REQUEST: To amend the Community Development Code to revise Section 6- 109 Termination as a Status of Nonconformity to add criteria for nonconforming structures due to setbacks and Appendix C. Downtown District and Development Standards to revise the Tier 1 Public Amenities Incentive Pool Criteria and add governmental uses to Flexibility Provisions. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The proposed amendments were identified by staff as opportunities to provide additional flexibility in and clarification of existing provisions. ANALYSIS: Proposed Ordinance No. 9726-23 adds criteria for nonconforming structures requesting terminations of status as a nonconformity due to setbacks and modifies Appendix C. Downtown District and Development Standards to revise the Tier 1 Public Amenities Incentive Pool Criteria and add governmental uses to the General Flexibility Provisions. These amendments were initiated by staff to provide clarification of provisions as well as add flexibility. The following is a discussion of the proposed amendments. Section 6-109. - Termination of Status as a Nonconformity This section is being amended to expand the termination provisions to apply to nonconforming setbacks. Specifically, the amendment allows the reconstruction of terminated nonconforming setbacks provided certain criteria are met. As part of this amendment the existing subsections are Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – November 21, 2023 TA2023-10003 – Page 2 being rearranged creating new Subsections C, D, and E; however, there are no changes to the language within these subsections other than updated section references. Table 1. Tier 1 Public Amenities Incentive Pool Criteria This section is being amended to clarify bonus density incentives that were established earlier this year. There are currently two density bonus provisions available for residential development. It was not the intent for these bonuses to be stacked and used on the same project; therefore, this has been modified to make this clear. There is also a density bonus available for providing streetscaping that is being updated to identify specific streets that would be eligible for this bonus. There are several streets in Downtown that are owned by the Florida Department of Transportation (FDOT) where substantive changes for streetscaping may not be approved; therefore, these streets have been omitted from eligibility for this bonus. In addition, there are several smaller streets where there is not sufficient room within the right- of-way to add streetscaping and these roads have also been omitted from eligibility. A reference to Complete Street is being to offer suggestions for what improvements or enhancements can be made to qualify for this bonus. Section C-803. - Flexibility Provisions This section is being amended to add governmental use to the list of uses eligible to utilize the flexibility provisions available within Downtown. Government buildings may have unique characteristics or needs that do not lend themselves to typical office buildings thereby creating a need for flexibility to accomplish the desired outcome. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies, and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives, and policies which will be furthered by the proposed Code amendments: Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Policy A.6.1.8 The City shall continue to support and implement approved community redevelopment area plans, such as the Clearwater Downtown Redevelopment Plan adopted in 2004. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – November 21, 2023 TA2023-10003 – Page 3 Policy A.6.8.8. Design and construct pedestrian-oriented streets to include continuous tree- lined sidewalks buffered from traffic by on-street parking and/or landscaping and that include pedestrian amenities such as benches, trash receptacles, bus shelters and lighting. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Proposed Ordinance No. 9726-23 is consistent with the Clearwater Comprehensive Plan as evidenced by the goal, objective, and policies identified above. Amending the Termination of Status as a Nonconformity to provide an innovative opportunity to property owners to terminate a nonconformity due to setbacks gives them more flexibility when the structure is rebuilt. Flexibility is also created for governmental uses to develop within Downtown. Amending the Public Amenities Incentive Pool Criteria to provide clarification regarding opportunities for bonus densities for residential development and streetscaping on identified streets establishes clear direction for use of these bonus densities and identifies streets that could benefit from streetscaping improvements. Additionally, these amendments work toward implementation of the Clearwater Downtown Redevelopment Plan which established the Public Amenities Incentive Pool and contains guiding principles of pedestrian and urban design. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: ▪ It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). ▪ It is the purpose of the Community Development Code to create value for the citizens of the City of Clearwater by allowing property owners to enhance the value of their property through innovative and creative redevelopment (Section 1-103.B.1., CDC). ▪ It is the further purpose of this Development Code to enumerate density, area, width, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics. (Section 1-103.E.11, CDC) Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Community Development Board – November 21, 2023 TA2023-10003 – Page 4 The amendments proposed by this Ordinance will further the above referenced purposes of the Community Development Code. Providing additional flexibility to support the inclusion of governmental uses in Downtown and allowing property owners to rebuild their structure as it currently exists by terminating the nonconformity due to setbacks leads to opportunities for enhanced property value and quality of life. Providing additional clarification on the bonus densities offered through the Public Amenities Incentive Pool will ensure there is clear direction and consistent use of the density bonuses offered for residential development and streetscaping in Downtown. As such, proposed Ordinance No. 9726-23 furthers the purposes in the CDC. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 726-23 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Jayme Lopko AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9726-23 Resume 1 MOTION TO AMEND ORDINANCE NO. 9726-23 ON FIRST READING On page 1, the Title is amended to read as follows to remove Section 6-109: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, BY AMENDING SECTION 6-109 TERMINATION OF STATUS AS A NONCONFORMITY; BY AMENDING APPENDIX C, DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS, DIVISION 3. CHARACTER DISTRICT STANDARDS AND DIVISION 8. FLEXIBILITY; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. On pages 1 through 5, the proposed changes to Section 6-109 are removed in their entirety and subsequent ordinance sections are renumbered in accordance therewith: Section 6-109 – Termination of Status as a Nonconformity A. A nonconforming use or structure may be deemed to be in conformity with this Development Code and may thereafter be allowed to continue and to expand as a lawfully existing use or structure if such use or structure is granted level two approval in accordance with the provisions this section. B. A structure which is nonconforming with respect to density/intensity may be deemed to be in conformity with this Development Code and may thereafter be allowed to continue, to expand or be reconstructed provided such termination of nonconforming density/intensity is granted through a Level Two approval. Additionally, a site plan shall be submitted concurrently for review and approval by the Community Development Board that demonstrates compliance with the following: 1. If the existing structure is to remain or be expanded, such required site plan shall demonstrate compliance with the provisions set forth in Section 6-109.C below. All required improvements shall be completed within one year of the issuance of the Level Two development order approval or the termination will be null and void. 2. If reconstruction of the nonconforming density/intensity is proposed, the required Level One or Level Two application shall be submitted in conjunction with the Level Two termination request and shall demonstrate compliance with the provisions of this Community Development Code. In the event such reconstruction does not occur within the timeframe specified in the development order granting the termination, such property shall comply with the provisions set forth in Section 6-109.C below within one year of the expiration of the development order or the termination of nonconformity will be null and void. 3. If the required improvements or reconstruction authorized in any development order granted pursuant to 6-109.B.1. or 2. above are constructed, the nonconforming density/intensity shall be deemed legal and shall run with the land. Any future 2 redevelopment utilizing this density/intensity shall comply with the provisions of the Community Development Code in effect at that time. 4. Should the improvements on a property be demolished during the valid timeframe of a development order terminating nonconforming density/intensity pursuant to this section and the property is vacant, the property shall be deemed to be in compliance with these provisions and such termination of nonconforming density/intensity shall be vested and run with the land. 5. Any terminated nonconforming units/floor area granted through Section 6-109.B.1. or 2. above shall not be transferred to another site or converted for another use. B. A structure which is nonconforming with respect to setbacks may, in addition to being deemed to be in conformity with this Community Development Code pursuant to Section 6-109.A, also be reconstructed if the reconstruction is approved by the Community Development Board as a Level Two approval that meets the following additional criteria: 1. The reconstruction complies with all other requirements of this Community Development Code; and 2. The reconstruction is consistent with the size, location, and intensity of the previously existing terminated nonconforming structure; and 3. The reconstruction with the approved setbacks will not negatively impact the surrounding area; and 4. The design of the proposed project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development; and 5. The intended vision for any applicable character district in which the property is located will be met. C. A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established in Section 3-1202(E). 3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign program may be used to satisfy the requirement of this section. 5. The use and structure complies with the general standards for Level One and Level Two approvals set forth in Section 3-914. C. Any property located in the Downtown District that has been subject to a termination of nonconformity with regard to building height may reconstruct such height if approved by the 3 Community Development Board as Level Two approval in accordance with the following criteria: 1. The reconstruction complies with all other requirements of this Community Development Code; and 2. The reconstruction of such increased height would not negatively impact the surrounding area; and 3. The design of the proposed project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development; and 4. The intended vision for the character district in which the property is located would be met. D. Any property located in the Downtown District that has been subject to a termination of nonconformity with regard to building height may reconstruct such height if approved by the Community Development Board as Level Two approval in accordance with the following criteria: 1. The reconstruction complies with all other requirements of this Community Development Code; and 2. The reconstruction of such increased height would not negatively impact the surrounding area; and 3. The design of the proposed project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development; and 4. The intended vision for the character district in which the property is located would be met. D. A structure which is nonconforming with respect to density/intensity may be deemed to be in conformity with this Development Code and may thereafter be allowed to continue, to expand or be reconstructed provided such termination of nonconforming density/intensity is granted through a Level Two approval. Additionally, a site plan shall be submitted concurrently for review and approval by the Community Development Board that demonstrates compliance with the following: 1. If the existing structure is to remain or be expanded, such required site plan shall demonstrate compliance with the provisions set forth in Section 6-109.E below. All required improvements shall be completed within one year of the issuance of the Level Two development order approval or the termination will be null and void. 2. If reconstruction of the nonconforming density/intensity is proposed, the required Level One or Level Two application shall be submitted in conjunction with the Level Two termination request and shall demonstrate compliance with the provisions of this Community Development Code. In the event such reconstruction does not occur within the timeframe specified in the development order granting the termination, such property shall comply with the provisions set forth in Section 6-109.E below within one year of the expiration of the development order or the termination of nonconformity will be null and void. 4 3. If the required improvements or reconstruction authorized in any development order granted pursuant to 6-109.D.1. or 2. above are constructed, the nonconforming density/intensity shall be deemed legal and shall run with the land. Any future redevelopment utilizing this density/intensity shall comply with the provisions of the Community Development Code in effect at that time. 4. Should the improvements on a property be demolished during the valid timeframe of a development order terminating nonconforming density/intensity pursuant to this section and the property is vacant, the property shall be deemed to be in compliance with these provisions and such termination of nonconforming density/intensity shall be vested and run with the land. 5. Any terminated nonconforming units/floor area granted through Section 6-109.D.1. or 2. above shall not be transferred to another site or converted for another use. E. A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. Perimeter buffers conforming to the requirements of Section 3-1202.D shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established in Section 3-1202.E. 3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed, or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign program may be used to satisfy the requirements of this section. 5. The use and structure complies with the general standards for Level One and Level Two approvals set forth in Section 3-914. Approved as to form: ___________________________ David Margolis City Attorney December 7, 2023 Citizen Comment Card Name: Address: 11 D `-` —( t S4' City: 4 Zip: Telephone Number: ( - `c LA ` ezAf- 5 -4144.5EmailAddress: Speaking under citizens to be heard re items not on the agenda? Agenda item(s to which you wish to speak. DD What is your position on the item? For Against Citizen Comment Card Name: Ne`islef-` Address: lG CO C leo' IcoC' areel City. C)'. Zip: Telephone Number: 17 oiv /6/42 yq Email Address: S''1e i (cn . co -k4.- st c &-b ce tl 1 ts . C o ,n> Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak• boa ices` roc—kori6i What is your position on the item? For .-' Against INDIVIDUAL SPEAKER Citizen Comment Card Name: 4wtz4xlr Address: 101 -CO- (Apo -off Rue City: LL& J6/1 Zip: 33bis Telephone Number: Email Address: L")') x(''1.3 -'f b 0-2 1012A NS totkliL- Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. ve What is your position on the item? For V Against INDIVIDUAL SPEAKER Citizen Comment Card Name: C 745"4 \'.,(4e S Address: /t 6 L City: ( / j7 d L IG_-" e/ Zip: `.,7 S Telephone Number: 702 7) '"i t 2 ",Fr Email Address: efv2; U15C-"'' ( Ci1141 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak•P0L=-\i—Gt,,% Pe.JC 4 , -30 til a 3 ctrii What is your position on the item? For Against Name;/`! 1e 7&/Z0.5 e' t f Address;30 Aeo-Jee Sv Jd, city: fri/z f [:ti zip 33 7 (6. Telephone Number: / )7-"02‘2- 2 7 C Email Address: /i ik ' % vf/J dV ,/ Metf4,19 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. Ak3 y7 What is your position on the item? For v Against INDIVIDUAL SPEAKER Citizen Comment Card Citizen Comment Card Name: Address: ado Cie {/,J d oU city: ChitALa4-Wt zip: g3 ! J o5 Telephone Number: 7 - z; 51 6 179/ Email Address: ke-he ° co( (hw/ /Ut c/k1 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 9- N) 11.14/e What is your position on the item? Fors Against INDIVIDUAL SPEAKER Citizen Comment Card Name: L ' NLt LAIL Address: 8 CS 4)4.7 . City: &-fetwt.J4.4,— e,4 , FL Zip: 33 741 Telephone Number: f4/ `-11$ -L 3' Email Address: P-44-dy.e•-kozi5E Speaking under citizens to be heard re items not on the agenda?J Agenda item(s) to which you wish to speak• q•5 i.t:, (0,1 What is your position on the item? For x Against Citizen Comment Card Name: r 1 /Jk CFEL Address:P iV R- 4 1 ---of ) -5 city:' Wt2 ( Zip: 3375? Telephone Number: 937-9-- 91 - 0-a 0S - Email S Email Address: 6211C. -o4- e VlA S A)= Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: Lt) QuJ What is your position on the item? For V Against Citizen Comment Card Name: Address: 'l/ S r f LrA City. lir •h % / Zip: iV Telephone Number: `72'] -4 a _/ 70 Email Address: /1.01-1,0 X 0 R o `. Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. rye" What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name: CL V/ I C2 7 Address: / 15 / U b() Cityl.,) Qtr /-ems Zip: 3°37 Telephone Number: /4 7 -54/3—L3/S: Email Address: GLVI I Ce ori Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. Ct( 44.e p 7'1 red__ d What is your position on the item? For KAgainstAgainst Citizen Comment Card Name: ft/4/ q 8A/47. > Address: City: "Pg ra.. e46-F/ Zip: 53 -7o6 Telephone Number: r( —/- ` 1/7 Email Address: oieer74/ bit v21 Co Vein` zoo Speaking under citizens to be heard re items not on the agenda? A/NA/- Agenda item(s) to which you wish to speak l ib 2/Vi 7.ZDLC -P t3/ What is your position on the item? For Against Name: C r J kkbee Address: 13 3 3 I J'/1s Br - City: 4 a ps Zip: 33771"/ Telephone Number: 2'IP 3/5 z/732. Email Address: 1)4 le o9 S s v J G D `11 GO1 1 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. lj`- Gam// 1.1-/sy What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card INDIVIDUAL SPEAKER Citizen Comment Card Name: •li1 1-l Wic lC. Address: E9700 J el City S Telephone Number: Zip: 33 7 7 1 tit) Email Address: /MAAZC1l Speaking under citizens to be and re items not on the agenda? Agenda items) to which you wish to speak. What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1442 Agenda Date: 12/19/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to Ten-8 Fire Equipment Inc of Bradenton FL, for the purchase of a new Heavy Duty Pierce Velocity Heavy Rescue in the amount of $1,714,451.95 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and Section 2.563(1)(d), Impractical to bid; declare G3264 surplus effective upon receipt of the purchased vehicle and authorize disposal at auction in accordance with Clearwater Code of Ordinances Section 2.622 or authorize trade-in in accordance with Section 2.624, whichever is deemed to be in the City’s best interest, and authorize the appropriate officials to execute same. SUMMARY: Clearwater Fire and Rescue is requesting authorization to purchase a Heavy-Duty Pierce Velocity Heavy Rescue to replace Squad 51. Of the total amount, $753,751.00 is a piggyback from the Florida Sheriff’s Association, Contract FSA23-VEF17.0, Fire & Rescue Vehicles, Boats & Equipment, valid through March 31, 2025. The piggyback purchase is for a basic model. There are additional options added which total $960,700.95 ($1,014,440.95 less rebate of $53,740.00 discount). The additional options are impractical to bid due to delay in receipt of vehicle, possible void of warranty for after-market equipment, manufacturer delay in receiving parts, etc. The basic model identified in the FSA contract does not provide for elements that fulfill Clearwater Fire & Rescue’s Squad 51 mission and capabilities. The additional options selected are specific to the squad, its technical rescue capabilities, and urban fire department response to include the following: larger compartments, heavier duty chassis, heavier duty drive train, air compressor, emergency lighting, etc. The additional options for this basic model coincide with the current apparatus that our City mechanics are familiar with and trained on. Additionally, the discount we are being offered would no longer be available. All optional pricing is vetted through the FSA contract and are priced at below Manufacturer Suggested Retail Price (MSRP) per section 2.13 of the contract agreement. Upon receipt of the new vehicle, G3965 purchased in 2013 will move to reserves and reserve unit G3264 purchased in 2005 will be retired. Squad 51 is a heavy rescue apparatus and responds to every working fire, every technical rescue, and each extrication call, including every second alarm motor vehicle accident. The Department has determined the Heavy-Duty Pierce Velocity Heavy Rescue built by Pierce Manufacturing meets the operational needs of the Department. The Pierce squad is the City of Clearwater Fire & Rescue Department standard for the purpose of training and maintenance. Custom components have been added to meet the needs of the fire district and surrounding municipalities. A heavy-duty velocity rescue squad provides exceptional storage capabilities and increased operational functionality. This purchase will up-grade the abilities of the apparatus it replaces. The City will be reimbursed by the County for a portion of the purchase, approximately 12%, as the vehicle will support fire operations in the unincorporated areas of the Clearwater Fire District. Estimated annual operating costs in the department’s annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. Early ordering of this apparatus is necessary due to the estimated three-year build time. We will work with the vendor to ensure receipt of apparatus is after October 2026 as funds are budgeted in fiscal year 2026/27. Page 1 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1442 APPROPRIATION CODE AND AMOUNT: Funding (General Fund revenues and Pinellas County Reimbursement revenues) is planned in the 6-year Capital Improvement Program budgeted in fiscal year 2026/27 project C27FD2, Fire Squad Unit Replacement. STRATEGIC PRIORITY: 1.4 Foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. Page 2 City of Clearwater Printed on 12/14/2023 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0008 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. No specific exclusions apply Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: One (1) Year Material and Workmanship Basic Apparatus Twelve (12) months.Warranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship Velocity and Impel Custom Chassis Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies, where applicable, to Goldstar lamination, defroster heater coil and motor blower assembly (excluding the FET PWM module), heater, air conditioning condenser coil and fan/motor assembly, air conditioning evaporator coil and motor blower assembly (excluding the drain pan pump and thermostat), under seat heaters coil and motor blower assembly (excluding the FET PWM module), HVAC electronic switches, HVAC hoses and hard lines, heater water valve, Pierce PS6 seat frames and hardware, Pierce One-Eleven mirrors, Pierce hands-free scba holder, cracking or color loss of roto-molded components, Meritor rear axle, Wabco ABS system, cab door handles, Standen spring suspension components, and the gauge instrument cluster. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) Years, or 30,000 Miles, or 5000 Engine Hours Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.7/2/2015 WA0284 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Cummins Warranty Worldwide Fire Apparatus/Crash Trucks Coverage Products Warranted This Warranty applies to new diesel Engines sold byCumminsanddeliveredtothefirstuseronorafterApril1,2007,that are used in fire apparatus truck andcrashtruck*applications Worldwide. Base Engine Warranty The Base Engine Warranty covers any failures of theEnginewhichresult,under normal use and service,from a defect in material or factory workmanship(Warrantable Failure).This Coverage begins with thesaleoftheEnginebyCumminsandendsfiveyearsor100,000 miles (160,935 kilometers),whichever occursfirst,after the date of delivery of the Engine to the firstuser. Engine aftertreatment components included in theCumminsCriticalPartsList(CPL)and marked with aCumminspartnumberarecoveredunderBaseEngineWarranty. Additional Coverage is outlined in the EmissionWarrantysection. These Warranties are made to all Owners in thechainofdistributionandCoveragecontinuesto allsubsequentOwnersuntiltheendoftheperiodsofCoverage. CumminsResponsibilities Cummins will pay for all parts and labor needed torepairthedamagetotheEngineresultingfromaWarrantableFailure. Cummins will pay for the lubricating oil,antifreeze,filter elements,belts,hoses and other maintenanceitemsthatarenotreusableduetotheWarrantableFailure. Cummins will pay for reasonable labor costs forEngineremovalandreinstallationwhennecessary torepairaWarrantableFailure. Cummins will pay reasonable costs for towing avehicledisabledbyaWarrantableFailuretothenearestauthorizedrepairlocation.In lieu of the towingexpense,Cummins will pay reasonable costs formechanicstotraveltoandfromthelocationofthevehicle,including meals,mileage and lodging whentherepairisperformedatthesiteofthefailure. OwnerResponsibilities Owner is responsible for the operation andmaintenanceoftheEngineasspecifiedinCumminsOperationandMaintenanceManuals.Owner is alsoresponsibleforprovidingproofthatallrecommendedmaintenancehasbeenperformed. Before the expiration of the applicable Warranty,Owner must notify a Cummins distributor,authorizeddealerorotherrepairlocationapprovedbyCumminsofanyWarrantableFailureandmaketheEngineavailableforrepairbysuchfacility.Except for EnginesdisabledbyaWarrantableFailure,Owner must alsodelivertheEnginetotherepairfacility. Service locations are listed on the Cummins WorldwideServiceLocatoratcummins.com. Owner is responsible for the cost of lubricating oil,antifreeze,filter elements and other maintenance itemsprovidedduringWarrantyrepairsunlesssuchitemsarenotreusableduetotheWarrantableFailure. Owner is responsible for communication expenses,meals,lodging and similar costs incurred as a result ofaWarrantableFailure. Owner is responsible for non-Engine repairs and for‘‘downtime’’expenses,cargo damage,fines,allapplicabletaxes,all business costs and other lossesresultingfromaWarrantableFailure. Owner is responsible for a $100 (U.S.Dollars)deductible per each service visit under this plan in the3rd,4th and 5th years of Base Engine Warranty.Thedeductiblewillnotbechargedduringthefirst2yearsoftheBaseEngineWarranty. Limitations Cummins is not responsible for failures or damageresultingfromwhatCumminsdeterminestobeabuseorneglect,including,but not limited to:operationwithoutadequatecoolantsorlubricants;overfueling;overspeeding;lack of maintenance of lubricating,cooling or intake systems;improper storage,starting,warm-up,run-in or shutdown practices;unauthorizedmodificationsoftheEngine. Any unauthorized modifications to the aftertreatmentcouldnegativelyeffectemissionscertificationandvoidWarranty. Cummins is also not responsible for failures caused byincorrectoil,fuel or diesel exhaust fluid or by water,dirt or other contaminants in the fuel,oil or diesel exhaust fluid. This Warranty does not apply to accessories suppliedbyCumminswhichbearthenameofanothercompany.Such non-warranted accessories include,butarenotlimitedto:alternators,starters,fans,airconditioningcompressors,clutches,filters,transmissions,torque converters,vacuum pumps,power steering pumps,fan drives and air compressors.Cummins branded alternators and starters are coveredforthefirsttwoyearsfromthedateofdeliveryoftheEnginetothefirstuser,or the expiration of the BaseEngineWarranty,whichever occurs first. Failures resulting in excessive oil consumption are notcoveredbeyondthedurationoftheCoverageor100,000 miles (160,935 kilometers)or 7,000 hours fromthedateofdeliveryoftheEnginetothefirstuser,whichever of the three occurs first.Before a claim forexcessiveoilconsumptionwillbeconsidered,OwnermustsubmitadequatedocumentationtoshowthatconsumptionexceedsCumminspublishedstandards. Failures of belts and hoses supplied by Cummins arenotcoveredbeyondthefirstyearfromthedateofdeliveryoftheEnginetothefirstuserorthedurationoftheWarranty,whichever occurs first. Parts used to repair a Warrantable Failure may be newCumminsparts,Cummins approved rebuilt parts orrepairedparts.Cummins is not responsible for failuresresultingfromtheuseofpartsnotapprovedbyCummins. A new Cummins or Cummins approved rebuilt partusedtorepairaWarrantableFailureassumestheidentityofthepartitreplacedandisentitledtotheremainingCoveragehereunder. Cummins Inc.reserves the right to interrogateElectronicControlModule(ECM)data for purposes offailureanalysis. CUMMINS DOES NOT COVER WEAR OR WEAROUTOFCOVEREDPARTS. CUMMINS IS NOT RESPONSIBLE FOR INCIDENTALORCONSEQUENTIALDAMAGES. THIS WARRANTY AND THE EMISSION WARRANTYSETFORTHHEREINAFTERARETHESOLEWARRANTIESMADEBYCUMMINSINREGARDTOTHESEENGINES.CUMMINS MAKES NO OTHERWARRANTIES,EXPRESS OR IMPLIED,OR OFMERCHANTABILITYORFITNESSFORAPARTICULARPURPOSE. This Warranty gives you specific legal rights,and youmayalsohaveotherrightswhichvaryfromstatetostate. EmissionWarranty Products Warranted This Emission Warranty applies to new EnginesmarketedbyCumminsthatareusedintheUnitedStates**in vehicles designed for transporting personsorpropertyonastreetorhighway.This WarrantyappliestoEnginesdeliveredtothefirstuseronor afterSeptember1,1992. Coverage Cummins warrants to the first user and eachsubsequentpurchaserthattheEngineisdesigned,built and equipped so as to conform at the time of salebyCumminswithallU.S.federal emission regulationsapplicableatthetimeofmanufactureandthatitisfreefromdefectsinmaterialorfactoryworkmanshipwhichwouldcauseitnottomeettheseregulationswithinthelongerofthefollowingperiods:(A)Five years or100,000 miles (160,935 kilometers)of operation,whichever occurs first,as measured from the date ofdeliveryoftheEnginetothefirstuseror(B)The BaseEngineWarranty. If the vehicle in which the Engine is installed isregisteredinthestateofCalifornia,a separateCaliforniaEmissionWarrantyalsoapplies. Limitations Failures,other than those resulting from defects inmaterialorfactoryworkmanship,are not covered bythisWarranty. Cummins is not responsible for failures or damageresultingfromwhatCumminsdeterminestobeabuseorneglect,including,but not limited to:operationwithoutadequatecoolantsorlubricants;overfueling;overspeeding;lack of maintenance of lubricating,cooling or intake systems;improper storage,starting,warm-up,run-in or shutdown practices;unauthorizedmodificationsoftheEngine. Any unauthorized modifications to the aftertreatmentcouldnegativelyeffectemissionscertificationandvoidWarranty. Cummins is also not responsible for failures caused byincorrectoil,fuel or diesel exhaust fluid or by water,dirt or other contaminants in the fuel,oil or dieselexhaustfluid. Cummins is not responsible for non-Engine repairs,‘‘downtime’’expenses,cargo damage,fines,allapplicabletaxes,all business costs or other lossesresultingfromaWarrantableFailure. Cummins Inc. Box 3005 Columbus, IN 47202-3005 U.S.A. Bulletin 3381161 Printed in U.S.A. Rev. 08/09 ©2001 Cummins Inc. CUMMINS IS NOT RESPONSIBLE FOR INCIDENTALORCONSEQUENTIALDAMAGES. *Airport operated crash trucks and fire departmentoperatedtrucksemployedtorespondtofires,hazardous material releases,rescue and otheremergency-type situations. **United States includes American Samoa,theCommonwealthofNorthernMarianaIslands,Guam,Puerto Rico and the U.S.Virgin Islands. Cummins Inc.Box 3005Columbus,IN 47202-3005U.S.A. Bulletin 3381161PrintedinU.S.A.Rev.08/092001CumminsInc. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Lifetime Fifty (50) Year Structural Integrity Chassis Frame & Crossmembers Fifty (50) Years (Expected Life of Apparatus) Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Custom chassis frame rail and cross members manufactured by Pierce shall be free from defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/16/2010 WA0038 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty excludes brake pads, brake rotors, seal boots and shock absorbers. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) Years -or- 30,000 Miles Warranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.12/16/2013 WA0050 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Fire and Rescue Apparatus Coverage: Three (3) Year Material and Workmanship TAK-4 Independent Front Suspension Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The TAK-4 Front Independent Suspension and Steering Gears shall be free from defects in material and workmanship. 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Fire and Rescue Apparatus Coverage: SUPPLIER Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The Meritor axle shall be covered by Meritor as indicated in the attached Meritor warranty coverage description 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the purchaser who first puts the product in service ("Buyer"): (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. The exclusions listed in the attached Meritor warranty description shall apply. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Five (5) YearsWarranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 6/29/2020 WA0384 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. MERITOR® COMMERCIAL VEHICLE SYSTEMS WARRANTY/MODEL YEAR 2020 VEHICLES Advantage Program Purchasing additional coverage on select components will continue to safeguard your investment against major repair costs after the initial base coverage expires. You can find out more about the Advantage Program by visiting www.meritor.com or by contacting Meritor at 866-OnTrac1 (866-668-7221). 2 Linehaul .............................................................................................................3-4 General Service ...................................................................................................5-6 Heavy Service/Specialty Vehicle ..........................................................................7-8 Fire and Emergency ................................................................................................9 Transit Bus ...........................................................................................................10 Off-Highway Service ..............................................................................................11 Terms and Conditions ............................................................................................12 How to Read Warranty Coverage Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor Notice: Models or components that are approved for use by Meritor’s vocational guidelines contained in Meritor Publication TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, which are not specifically listed, are warranted for one year, unlimited miles, parts only (1/Unl/P). Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P). Effective Model Year 2020 Vehicles WARRANTY INFORMATION CONTENTS n Bulk Hauler n Chip Hauler (Truck)* n Doubles n Flatbed n General Freight n Grain Hauler n Livestock Hauler n Moving Van n Pipe Hauler n Refrigerated Freight n Tanker n Triples FD-965 FF-941 FF-942 FF-943 FF-944 FF-961 FF-966 FF-967 FG-941 FG-943 MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12-122B-N MFS-12-122C-N MFS-12E-122A-N MFS-12E-122B-N MFS-12E-122C-N MFS-12-124A-N MFS-12-132B-N MFS-12-132C-N MFS-12E-132B-N MFS-12E-132C-N MFS-12-143A-N MFS-12E-143A-N MFS-12-144A-N MFS-13-122A-N MFS-13-122B-N MFS-13-122C-N MFS-13-132B-N MFS-13-132C-N MFS-13-143A-N MFS-13-144A-N MFS-13B-122B-N MFS-13B-122C-N MFS-13B-132B-N MFS-13B-132C-N MFS-14-122A-N MFS-14-124A-N MFS-14-143A-N MFS-14-144A-N n High mileage operation (over 60,000 miles/year) n Well maintained major highways of concrete or asphalt construction n Greater than 30 miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. * Chip Hauler vehicles require specific axle models listed below and Linehaul condition to be eligible for Linehaul warranty consideration. Linehaul Vehicles Front Non-Drive Steer Axles – 5/750/P&L Linehaul Typically Is RPL 5/500/P, 1/Unl/P&L MXL 3/350/P, 1/Unl/P&L 155N 1/Unl/P 92N 1/Unl/P Drivelines RS-19-144/145/A MS-19-14X MS-21-144 RS-21-145 RS-21-160 MS-23-17X RS-23-160 RS-23-161 RS-23-186 Rear Drive Single Axles – 5/750/P&L 1 These models required for Chip Hauler and Linehaul warranty consideration. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. RT-34-144/P/A RT-40-145/A RT-40-160/P1,2 RT-46-160/P1,2 RT-46-164EH/P1,2 RT-50-160/P1,2 MA-40-165 MA-40-175 MT-34-14X/P MT-40-14T/P MT-40-14X/P MT-40-14X/P MT-40-14XHE MT-40-144/P MT-40-943 MT-40-943-SP RZ-1662 RZ-188 Rear Drive Tandem/Tridem Axles – 5/750/P&L LINEHAUL WARRANTY INFORMATION 3 Cam Q Series Trailer Brakes 5/500/P, 1/100/L Q+ Drum Brake™ 5/500/P, 1/Unl/P&L ASA 5/500/P, 1/Unl/P&L Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P STEELite X30 Drum Brake™2 12-Years or Wearable Life/P EX+ Air Disc Brake™ 5/500/P, 1/Unl/L EX+ Air Disc Brake Extended Standard Warranty3 5/500/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 3/500/P&L. 2 Based on stamped wear diameter max. 3 Applies only to MA761 friction material code CD brake assembly i.e. EX225LXXXCDXXX MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components 5/500/P, 1/100/L Curbing Damage Warranty2 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs 2/200/P, 1/100/L Bushings 5/P, 3/L PinLoc Air Controls 1/100/P&L PinLoc Actuator 3/300/P&L MPA20 (Single Axle Parallelogram) Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs 2/200/P, 1/100/L Bushings 5/P, 3/L MTA (Trailing Arm) Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Shock Absorbers 2/200/P&L Air Springs & Rebound Straps 2/200/P, 1/100/L Bushings 5/500/P, 3/300/L 1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor (For axle and ABS coverage, refer to appropriate product warranties.) 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. TQ, TQD, TR, TRD Beam and Brackets 5/750/P&L 1 For brake components and ABS Coverage, refer to appropriate product warranties. MTIS Components 5/Unl/P, 1/Unl/L Beam and Brackets 5/500/P, 1/100/L Wheel End Systems1 Standard System2 1/100/P&L PreSet by Meritor3 5/500/P&L AxlePak54 5P/L AxlePak75 7P/L 1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 2 When installed by Meritor. 3 Requires approved hubcap stating PreSet by Meritor on hubcap face. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/Unl/P, 1/Unl/L. 5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/Unl/P, 1/Unl/L. (For brake components and ABS coverage, refer to appropriate product warranties.) Brake Components Trailer Air Suspension Systems TAG/Pusher Axles1 Meritor Tire Inflation System Trailer Axles 4 LINEHAUL WARRANTY INFORMATION n Auto Hauler n Beverage Truck n Chip Hauler n Cross Country Coach n Flatbed n Front Engine Commercial Chassis n Front Engine Integral Coach n General Freight n Intercity Coach n Intermodal Chassis n Livestock Hauler n Meat Packer n Moving Van n Municipal Truck n Newspaper Delivery n Pick-Up and Delivery n Pipe Hauler n Platform Auto Hauler n Rear Engine Integral Coach n Recreational Vehicles n Refrigerated Freight n School Bus n Stake Truck n Tanker n Tanker Trailer n Tour Bus n Wrecker FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FH-941 FH-9461 FL-941 FL-943 MFS-6-151A-N MFS-6-153B-N MFS-6-162B-N MFS-6-153C-N MFS-6-162C-N MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-143A-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12E-122A-N MFS-12-122B-N MFS-12E-122B-N MFS-12-122C-N MFS-12E-122C-N MFS-12-124A-N MFS-12-132B-N MFS-12E-132B-N MFS-12-132C-N MFS-12E-132C-N MFS-12-143A-N MFS-12-144A-N MFS-12E-143A-N MFS-13-122A-N MFS-13-122B-N MFS-13B-122B-N MFS-13-122C-N MFS-13B-122C-N MFS-13-132B-N MFS-13-132C-N MFS-13B-132B-N MFS-13B-132C-N MFS-13-143A-N MFS-13-144A-N MFS-14-122A-N MFS-14-124A-N MFS-14-143A-N MFS-14-144A-N MFS-16-122A-N MFS-16-133A-N MFS-16-135A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-192A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N n Lower mileage operations (less than 60,000 miles/year) n Generally, on-road service (less than 10% off-road) n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. General Service Vehicles Front Non-Drive Steer Axles – 2/Unl/P&L General Service Typically Is GENERAL SERVICE WARRANTY INFORMATION 1 Can also be used with reduced steer angles in tag position in Coach Applications. 5 MS-17-13X MS-17-14X MS-19-13X MS-19-14X RS-17-144/145/A RS-19-144/145/A MS-21-13X MS-21-14X MS-21-144 MS-23-17X RS-21-145/A RS-21-160 RC-22-145 RC-22-145/A RC-23-160 RC-23-161 RC-23-1621 RC-23-1651 RS-23-160 RS-23-161 RS-23-186 RS-24-160 RC-25-160 RS-26-185 MS-26-616 MS-26-616-SP RS-30-185 MS-30-616 MS-30-616-SP RS-35-380 71162 71163 79163 Rear Drive Single Axles – 2/Unl/P&L 1 3/Unl/P&L if PreSet by Meritor. MT-34-14X/P RT-34-144/P/A MT-40-14T/P MT-40-14X/P MT-40-14XHE MT-40-144/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 MT-52-616 RT-52-1851 MT-58-616 RT-58-1851 MT-70-380 RZ-188 Rear Drive Tandem/Tridem Axles – 2/Unl/P&L 1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. MX-08-130-FV (FSD-08A) MX-10-130-FV (FSD-10A) MX-12-130-FV (FSD-12A) MX-13-130-FV (FSD-13A) MX-14-130-FV (FSD-14A) MX-16-130-FV (FSD-16A) MX-18-130-FV (FSD-18A) MX-18-130-SD (SDA-1800) MX-20-130-FV (FSD-20A) MX-21-130-FV (FSD-21A) MX-21-130-SD (SDA-2100) MX-23-130-FV (FSD-23A) MX-23-130-SD (SDA-2300) MX-29-130-FV (FSD-29A) Front Drive/Non-Drive Steer Axles – 1/Unl/P&L RT-40-160/P RT-46-160/P RT-46-164EH/P RT-50-160/P RZ-166 Rear Drive Tandem/Tridem - 3/Unl/P&L RPL 4/400/P, 1/Unl/P&L MXL 3/350/P, 1/Unl/P&L 155N 1/Unl/P 92N 1/Unl/P Drivelines 11170 523 RND-14H RND-16A Rear Drive Axles – 1/Unl/P&L MPT-318 MPT-500 MPT-510 MPT-518 MPT-526 MPT-531 MPT-543 MPT-170 MPT-1702 MPT-175 MPT-185 MPT-190 PTO – 1/Unl/P&L 516 FAT 30 Transmission – 1/Unl/P&L Cam Q Series Trailer Brakes 3/Unl/P, 1/Unl/L Cam P3 2/200/P Cam 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L Q+ Drum Brake ™3 2/200/P&L ASA 3/Unl/P ASA3 2/200/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P STEELite X30 Drum Brake™2 12-Years or Wearable Life/P EX+ Air Disc Brake™ 2/Unl/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P. 2 Based on stamped wear diameter max. 3 Applies to Tour Bus and Cross Country Coach only. Beam and Brackets1 5/Unl/P, 1/Unl/L Wheel End Systems2 Standard System3 1/Unl/P&L AxlePak54 5/P&L AxlePak75 7/P&L 1 9000 Series is 3/Unl/P, 1/Unl/L 2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/Unl/P, 1/Unl/L. 5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/Unl/P, 1/Unl/L. (For brake components and ABS coverage, refer to appropriate product warranties.) Beam & Brackets 6/Unl/P, 1/Unl/L Wheel End Systems1 Standard System 1/Unl/P&L AxlePak7 7/P&L Beam and Brackets 7/P, 1/L 1 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components 5/Unl/P, 1/Unl/L Curbing Damage Warranty2 5/500/P, 1/100/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings 5/P, 3/L PinLoc Air Controls 1/Unl/P&L PinLoc Air Actuator 3/Unl/P&L MPA20 (Single Axle Parallelogram) Major Structural Components 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings 5/P, 3/L MTA (Trailing Arm) Major Structural Components 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs and Rebound Straps 2/Unl/P, 1/Unl/L Bushings3 5/Unl/P, 3/Unl/L (For axle and ABS coverage, refer to appropriate product warranties.) 1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor 2 “Curbing damage” is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A-frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. 3 Raw wood applications 3/Unl/P, 1/Unl/L MTIS Components 5/Unl/P, 1/Unl/L TQ, TQD, TR, TRD Beam and Brackets1 3/Unl/P, 1/Unl/L MC14002, MC16003, FH946 2/Unl/P&L (For brake components and ABS coverage, refer to appropriate product warranties.) 1 3/Unl/P&L if sold with PreSet by Meritor. Brake Components Trailer Axles Chassis Axles (2000 Series/ChassiPak) Trailer Air Suspension Systems Meritor® Tire Inflation System TAG/Pusher Axles 6 GENERAL SERVICE WARRANTY INFORMATION Heavy Service/Specialty Vehicle n Airport Rescue Fire Fighting (ARFF) n Airport Shuttle* n Asphalt Truck n Block Truck n Bottom Dump Trailer Combination n Cementing Vehicle n Commercial Pick-Up n Concrete Pumper n Construction Material Hauler n Mixer n Demolition n Drill Rig n Dump n Equipment Hauling n Flatbed Trailer Hauler n Flatbed Truck n Fracturing Truck n Front Loader n Geophysical Exploration n Hopper Trailer Combinations n Landscaping Truck n Liquid Waste Hauler n Log Hauling n Lowboy n Michigan Special Gravel Trains n Michigan Special Log Hauler n Michigan Special Steel Hauler n Michigan Special Waste Vehicle n Municipal Dump n Rear Loader (Refuse) n Recycling Truck n Residential Pick-Up (Refuse) n Rigging Truck n Roll-Off n Scrap Truck n Semi-End Dump n Sewer/Septic Vacuum n Shuttle Bus* n Side Loader n Snowplow/Snowblower n Steel Hauling n Tanker n Tank Truck n Tractors with Pole Trailers n Tractor/Trailer with Jeeps n Transfer Dump n Transfer Vehicle n Utility Truck n Winch Truck n Moderate mileage operation (less than 60,000 miles per year) n On/Off road vocations (10% or more off-road) n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/ or contact Meritor regarding specific application approval questions on any product line. Heavy Service/Specialty Vehicle Typically Is FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FG-943 FH-941 FH-946 FL-941 FL-943 MFS-6-151A-N MFS-6-153B MFS-6-162B MFS-6-162C MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122 MFS-12E-122 MFS-12-122B-N MFS-12E-122B-N MFS-12-122C-N MFS-12E-122C-N MFS-12-124A-N MFS-12-132B-N MFS-12E-132B-N MFS-12-132C-N MFS-12E-132C-N MFS-12-143A-N MFS-12-144A-N MFS-12-155 MFS-13-122 MFS-13-122B-N MFS-13B-122B-N MFS-13-122C-N MFS-13B-122C-N MFS-13-132B-N MFS-13B-132B-N MFS-13-132C-N MFS-13B-132C-N MFS-13-143A-N MFS-13-144A-N MFS-13-155 MFS-14-122 MFS-14-124A-N MFS-14-143A-N MFS-14-144A-N MFS-16-122A-N MFS-16-133A-N MFS-16-135A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-192A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-192A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N RF-16-145 RF-21-160 MX-10-120 MX-10-120 EVO MX-12-120 MX-12-120 EVO MX-14-120 MX-16-120 MX-18-120 MX-17-140 MX-19-140 MX-21-140 MX-21-160 MX-23-160 MX-810 Front Drive/Non-Drive Steer Axles – 2/Unl/P&L HEAVY SERVICE/SPECIALTY VEHICLE WARRANTY INFORMATION 7 *Commercial chassis only MS-17-14X RS-17-144/145/A MS-19-14X RS-19-144 MS-21-114 MS-21-14X RS-21-145 RS-21-145/A RS-21-160 RC-22-145 RC-23-160 RH-23-160 RS-23-160 RC-23-161 RS-23-161 RS-23-186/380 RS-24-160 RS-25-160 MS-26-616 MS-26-616-SP RS-26-185/380 MS-30-616 MS-30-616-SP RS-30-185/380 MS-35-380 RS-38-380 RC-25-160 RC-26-633 MT-58-616 MT-58-616-SP Rear Drive Single Axles – 2/Unl/P&L RPL 3/Unl/P, 1/Unl/P&L 92N 1/Unl/P&L MXL 1/Unl/P&L Drivelines 11170 523 RND-14H RND-16A Rear Drive Axles – 1/Unl/P&L MX-08-130-FV (FSD-08A) MX-10-130-FV (FSD-10A) MX-12-130-FV (FSD-12A) MX-13-130-FV (FSD-13A) MX-14-130-FV (FSD-14A) MX-16-130-FV (FSD-16A) MX-18-130-FV (FSD-18A) MX-18-130-SD (SDA-1800) MX-20-130-FV (FSD-20A) MX-21-130-FV (FSD-21A) MX-21-130-SD (SDA-2100) MX-23-130-FV (FSD-23A) MX-23-130-SD (SDA-2300) MX-29-130-FV (FSD-29A) Front Drive/Non-Drive Steer Axles – 1/Unl/P&L MPT-318 MPT-500 MPT-510 MPT-518 MPT-526 MPT-531 MPT-543 MPT-170 MPT-1702 MPT-175 MPT-185 MPT-190 PTO – 1/Unl/P&L 516 FAT 30 Transmission – 1/Unl/P&L MT-34-14X/P RT-34-144/P/A MT-40-14X/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 RT-58-160 MT-52-616 MT-52-616-SP RT-52-185/3801,2 MT-58-616 MT-58-616-SP RT-58-185/3801,2 RT-70-380 MT-70-380 RZ-188 Cam P 3/Unl/P Cam P3 2/100/P Cam Cast Plus™ 2/100/P&L Q+ Drum Brake™ 3/Unl/P&L Q+ Drum Brake™2 2/100/P&L ASA 3/Unl/P ASA2 2/100/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P EX+ Air Disc Brake 2/100/P&L 1 Based on stamped wear diameter max. 2 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. 3 Warranty for all non-Meritor ASAs supplied by Meritor for all Heavy Service vocations is 1/100/P. RT-40-160/P/A3 RT-46-160/P/A1,3 RT-46-164EH/P/A2,3 RT-50-160/P/A3 RZ-166 1 U.S. only. Canadian warranty = 1/Unl/P for combination vehicles only.2 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details.3 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. 1 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. Rear Drive Tandem/Tridem Axles – 2/Unl/P&L Brake Components Rear Drive Tandem/Tridem - 3/Unl/P&L MTA (Trailing Arm) Major Structural Components1 5/Unl/P, 1/Unl/L Height Control Valve 1/Unl/P&L Shock Absorbers 2/Unl/P&L Air Springs 2/Unl/P, 1/Unl/L Bushings1 5/Unl/P, 3/Unl/L 1 Raw wood applications 3/Unl/P, 1/Unl/L (For axle and ABS coverage, refer to appropriate product warranties.) Trailer Air Suspension Systems MTIS Components 5/Unl/P, 1/Unl/L Meritor Tire Inflation System Beam and Brackets1 5/Unl/P, 1/Unl/L Wheel End Systems2 Standard System3 1/Unl/P&L 1 9000 Series is 3/Unl/P, 1/Unl/L. 2 Includes hub, wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor. (For brake components and ABS coverage, refer to appropriate product warranties.) Trailer Axles 8 HEAVY SERVICE/SPECIALTY VEHICLE WARRANTY INFORMATION MTC-4213 MTC-4210 MTC-4208 MTC-4206-FV (TC-38) MTC-3106-FV (TC-137) MTC-3111 (T-2111) MTC-3112-CV (529 & 548C) MTC-3116 (T-2111) MTC-3118-FV (TC-180 & TC-180-23) MTC-3118-CV (358) MTC-3120-FV (TC-143) MTC-3124 (T-2119) MTC-3205-GV (MTC-25/247) MTC-3205-GV (MTC-25/350) MTC-3205-GV (RTC-25/350) MTC-3206-FV (TC-237) MTC-3206-CS (544) MTC-3208-GV (RTC-50) MTC-3209-GV (RTC-60/420) MTC-3209-GV (RTC-60/380) MTC-3209-GV (MTC-60/420) MTC-3209-GV (MTC-60/380) MTC-3212-CV (315 & 548B) MTC-3312-FV (TC-270) MTC-3220-FC (TC-142) MTC-2212-CV (306) Transfer Cases – 1/Unl/P MGX-240 MGX-279 MGX-279D MGX-280 MGX-285 MGX-292 MGX-314 MGX-376 MGX-377 MGX-378 MGX-380 MGX-384 MGX-402 MGX-413 MGX-448 MGX-456 MGX-478 MGX-480 MGX-487 MGX-488 MGX-505 MGX-506 MGX-514 MGX-519 MGX-520 MGX-522 MGX-524 MGX-527 MGX-528 MGX-533 MGX-534 MGX-536 MGX-537 MGX-541 MGX-545 MGX-546 MGX-550 Gearboxes – 1/Unl/P&L n Aerial Ladder Truck n Aerial Platform n Ambulance n Command Vehicle n Crash Fire Rescue (CFR) n Pumper n Rapid Intervention Vehicle (RIV) n Tanker FL-941 FL-943 MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N MX-19140 MX-21140 MX-21160 MX-23160 MX-23810 n Lower mileage operations (less than 20,000 miles/year) n Generally, on-road service (less than 10% off-road) n An average of three (3) miles between starting and stopping Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. Fire and Emergency Vehicles Cam 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L ASA 3/Unl/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P EX+ Air Disc Brake™ 2/Unl/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P. Brake ComponentsFront Non-Drive Steer Axles – 5/Unl/P&L Front Drive Steer Axles – 2/Unl/P&L Fire and Emergency Typically Is RPL 4/400/P, 1/Unl/L MXL 3/350/P, 1/Unl/L 155N 1/Unl/P 92N 1/Unl/P Drivelines MTC-4208 MTC-4210 MTC-4213 MTC-3111 (T-2111) MTC-3116 (T-2111) MTC-3124 (T-2119) Transfer Cases – 1/Unl/P RC-23-160 RS-23-160 RS-23-161 RS-23-186 RS-24-160 RC-25-160 RS-26-185 RS-30-185 RS-35-380 RS-25-160 Rear Drive Single Axles – 5/Unl/P&L 1 3/Unl/P&L if PreSet by Meritor. MT-40-14X/P MT-40-144/P RT-40-145/A RT-40-160/P MT-44-14X/P RT-44-145/P RT-46-160/P RT-46-164EH/P RT-46-169 RT-50-160/P MT-52-616 RT-52-1851 MT-58-616 RT-58-1851 MT-70-380 Rear Drive Tandem/Tridem Axles – 5/Unl/P&L 1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. FIRE AND EMERGENCY WARRANTY INFORMATION 9 Transit Bus Vehicles Cam Cast Plus™ 2/100/P&L Q+ Drum Brake™1 2/100/P&L ASA1 2/100/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P All Other Brakes 1/Unl/P EX+ Air Disc Brake 2/100/P&L 1 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. MC-26000 71063 79063 Brake Components Center Non-drive Axles – 5/300/P&L n Airport Shuttle n City Bus n Commuter Coach n Shuttle Bus n Transit Bus n Trolley n Moderate mileage operation (less than 50,000 miles per year) n Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP- 9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. Transit Bus Typically Is FH-946 FH-9411 MFS-12-155 MFS-13-155 RS-23-160 RC-23-161 71163 79163 RC-23-1621 RC-23-1651 RS-21-160 Front Drive/Non-Drive Steer Axles – 5/300/P&L Rear Drive Single Axles – 5/300/P&L RPL 3/Unl/P, 1/Unl/L 92N 1/Unl/P&L MXL 1/Unl/P&L MC-14002 MC-16003 FH-946 Drivelines Tag Axles – 2/Unl/P&L TRANSIT BUS WARRANTY INFORMATION 10 1 Commuter coach only – 2/Unl/P&L 1 Commuter coach only – 2/Unl/P&L Industrial And Off-Highway Service Vehicles n Load-On/Load-Off n Port Tractor n Rail Yard Spotter n Roll-On/Roll-Off n Stevedoring Tractor n Trailer Spotter n Yard Jockey n All-Terrain Crane n Rough Terrain Crane n Forestry n Material Handling n Specialized Heavy Haul n Specialized Mining n Excavator n Compactor n Fertilizer Spreader n Snow Blower n Mining n Rail Car Mover n Loader n Tow Tractor n Pushback Tractor n Low mileage operation n Low speed vehicle speed restriction n Vehicles are not typically licensed for highway use n Six (6) starts/stops per mile (typical) Coverage under Meritor’s warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Contact Meritor regarding specific application approval questions on any product line. RPL MXL FF - 941 FF - 943 FF - 961 FF - 966 FG - 941 FG - 943 FL - 941 FL - 943 FN - 951 MFS-12-143A-N MFS-12-144A-N MFS-13-143A-N MFS-13-144A-N MFS-14-143A-N MFS-16-122A-N MFS-16-133A-N MFS-16-135A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-192A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N MON-Z0 FAMILY Industrial And Off-Highway Service Typically Is Drivelines – 1/Unl/P MOB MOC MOD MOE MOF MOG MOH MOR MOS MOT MOX MOY MOZ Planetary Axles – 1/Unl/P Cam P 3/Unl/P Q+ Drum Brake™ 3/Unl/P&L ASA 3/Unl/P Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P Brake ComponentsFront Non-Drive Steer Axles – 1/Unl/P OFF-HIGHWAY SERVICE WARRANTY INFORMATION 11 MTC-4213 MTC-4210 MTC-4208 MTC-4206-FV (TC-38) MTC-3106-FV (TC-137) MTC-3111 (T-2111) MTC-3112-CV (529 & 548C) MTC-3116 (T-2111) MTC-3118-FV (TC-180 & TC-180-23) MTC-3118-CV (358) MTC-3120-FV (TC-143) MTC-3124 (T-2119) MTC-3205-GV (MTC-25/247) MTC-3205-GV (MTC-25/350) MTC-3205-GV (RTC-25/350) MTC-3206-FV (TC-237) MTC-3206-CS (544) MTC-3208-GV (RTC-50) MTC-3209-GV (RTC-60/420) MTC-3209-GV (RTC-60/380) MTC-3209-GV (MTC-60/420) MTC-3209-GV (MTC-60/380) MTC-3212-CV (315 & 548B) MTC-3312-FV (TC-270) MTC-3220-FC (TC-142) MTC-2212-CV (306) Transfer Cases – 1/Unl/P MGX-240 MGX-279 MGX-279D MGX-280 MGX-285 MGX-292 MGX-314 MGX-376 MGX-377 MGX-378 MGX-380 MGX-384 MGX-402 MGX-413 MGX-448 MGX-456 MGX-478 MGX-480 MGX-487 MGX-488 MGX-505 MGX-506 MGX-514 MGX-519 MGX-520 MGX-522 MGX-524 MGX-527 MGX-528 MGX-533 MGX-534 MGX-536 MGX-537 MGX-541 MGX-545 MGX-546 MGX-550 Gearboxes – 1/Unl/P&L Coverage Exclusions Product Description All The cost of any repairs, replacements or adjustments to a covered component (1) associated with noise; (2) resulting from the use or installation of non-genuine Meritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion. For axle assemblies supplied by Meritor with suspension and in- terface brackets designed and/or attached by non-Meritor parties, Meritor warranty coverage does not apply to the brackets, bracket attachment methods, and field issues caused by brackets or bracket attachments to any covered component unless specified in a separate OEM agreement. Front Axles King Pin Bushings. Rear Axles Self-contained traction equalizers and oil filters. The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations. NoSPIN is a product of Eaton. ASA Boot and bushing. Bent, broken, over-torqued, missing or otherwise damaged pawl assemblies. Cam Brake Brake lining wear and brake shoe “rust-jacking.” Disc Brake Pad wear, rotor wear. Coverage Limitations Product Description All Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/Unl/P). Front Axles Tie rod and tie rod ends limited to 3-year/300,000-mile or published vocational coverage, whichever is less. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles The Meritor® breather part number A-2297-C-8765 with A-3196-J-1336 hose must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles. Cam Brake Limited to bracket, brake spider and camshaft structural integrity. STEELite X30 Wearable life is up to the discard diameter of the drum. Disc Brake Warranty coverage for boots, seals, bushings and pins is 2/200/P. Warranty coverage for pads is 1/100/P. Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components. Contact your Meritor representative for specific details. 12 TERMS AND CONDITIONS For more information: call Ontrac at 866-668-7221 or visit meritor.com ©2018 Meritor, Inc. Litho in USA, SP-95155 Revised 1-19 (47865/11900) Meritor Heavy Vehicle Systems, LLC 2135 West Maple Road Troy, Michigan 48084 USA Product models, brands, names and trademarks depicted herein are the property of their respective owners and, except where otherwise indicated, are not in any way associated with Meritor Heavy Vehicle Systems, LLC, or any parent or affiliate, thereof. TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? Meritor Heavy Vehicle Systems, LLC warrants to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment in vehicles licensed for on-highway use, will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM’s vehicle warranty for the applicable covered components. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed elsewhere in this warranty statement. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Components (whether new, used or remanufactured) installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. For certain components, coverage requires the use of specific extended drain interval or synthetic lubricants. For further information about lubrication and maintenance, see Meritor publication Maintenance Manual Number l and the applicable Meritor maintenance manual for the product in question. Other conditions and limitations applicable to this warranty are detailed below. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify Meritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor directly. Failure to notify Meritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify Meritor as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under Meritor’s warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4) What is not Covered by this Warranty? This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by Meritor), (II) accident, natural disaster, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the axle and/or driveline capacity), or (III) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels). This warranty does not cover any component or part that is not branded by Meritor. For vehicles that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply. (5) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor’s option. Meritor reserves the right to require that all applicable failed materials are available and/or returned to Meritor for review and evaluation. (6) Disclaimer of Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. (7) Limitation of Remedies. In no event shall Meritor be liable for special, incidental, indirect, or consequential damages of any kind or under any legal theory, including, but not limited to, towing, downtime, lost productivity, cargo damage, taxes, or any other losses or costs resulting from a defective covered component. (8) To Obtain Service. If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor service location. The dealer will inspect the vehicle and contact Meritor for an evalu-ation of the claim. When authorized by Meritor, the dealer will repair or replace during the term of this warranty any defective Meritor component covered by this warranty. (9) Entire Agreement. This is the entire agreement between Meritor and the Owner about warranty and no Meritor employee or dealer is authorized to make any additional warranty on behalf of Meritor. This agreement allocates the responsibilities for component failure between Meritor and the Owner. )LUHDQG5HVFXH$SSDUDWXV Coverage: 7KUHH  <HDU0DWHULDODQG:RUNPDQVKLS 0HULWRU:DEFR$%6%UDNH6\VWHP Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The Meritor Wabco ABS brake system shall be covered by Meritor Wabco as indicated in the attached Meritor Wabco warranty coverage description /,0,7(':$55$17< (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Three (3) YearWarranty Period Ends After: The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. The exclusions listed in the attached Meritor Wabco warranty description shall apply. Conditions and Exclusions: See Also Paragraphs 2 thru 4 (;&/86,212)&216(48(17,$/$1',1&,'(17$/'$0$*(6 Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. %8<(5 6(;&/86,9(5(0('< Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/25/2013 WA0232 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ',6&/$,0(562):$55$17,(6 capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. WARRANTY Warranty coverage is essential to protecting your investment. But understanding the full details of your coverage can be challenging. This straightforward approach allows you, our valued customer, to better understand how your specific vehicle applications will be covered in your region. Our component warranty coverage is provided according to vocation/usage categories listed below. • Linehaul covers high mileage operation (over 60,000 miles/year) on well-maintained major highways of concrete or asphalt construction. • General Service covers moderate mileage operations (less than 60,000 miles/year) on well-maintained public roads (less than 10 percent off-road) typically with less than three (3) stops per mile. • Heavy Service (Vocational) covers vehicles with more than 10 percent off-road OR moderate to frequent starts/stops typically with more than three (3) stops per mile. • Off-Highway Service covers lower mileage operations. Vehicles are not typically licensed for highway use. • The standard aftermarket warranty for WABCO products - including WABCO Original parts, WABCO Reman Solutions, ProVia quality aftermarket parts and WABCO retrofit solutions - is one year, parts only from in-service date when purchased from ZF distributor networks or its affiliates and/or subsidiaries. MODEL YEAR 2021 VEHICLES How to Read Warranty Coverage (Example) Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor 3 300 P WARRANTY - MODEL YEAR 2021 VEHICLES ¹ ZF and WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will apply when a WABCO Trailer Control Line Filter is used in combination with a WABCO Trailer ABS valve. • Aerial Ladder Truck • Aerial Platform • Ambulance • Auto Hauler • Beverage Truck • Bulk Hauler • Chip Hauler (Truck) • Cross Country Coach • Doubles • Flatbed • Front Engine Commercial Chassis • Front Engine Integral Coach • General Freight • Grain Hauler • Intercity Coach • Intermodal Chassis • Livestock Hauler • Meat Packer • Moving Van • Municipal Truck • Pipe Hauler • Platform Auto Hauler • Pumper • Rear Engine Integral Coach • Recreational Vehicles • Refrigerated Freight • School Bus • Stake Truck • Tanker • Tanker Truck • Triples • Tour Bus • Wrecker LINEHAUL/GENERAL SERVICE VEHICLES LINEHAUL/GENERAL SERVICE WARRANTY INFORMATION LINEHAUL TYPICALLY IS • High mileage operation (over 60,000 miles/year) • Well maintained major highways of concrete or asphalt construction GENERAL SERVICE TYPICALLY IS • Moderate mileage operations (less than 60,000 miles/year) • Well maintained public roads (less than 10% off-road) • Less than three (3) stops per mile WABCO Components1 Air Management Air Brake Valves 1/100/P&LTrailer Lift Axle Control Valve Trailer Control Line Filter3 Air Compressors (ALL)2 2/200/P&L Air Dryers (ALL)3/300/P&L Aerodynamics OptiFlow® TrailerSkirt 2/UnU/P OptiFlow® Trailer Tail and AutoTail 2/UnI/P Braking Systems ABS (Anti-Lock Braking System) Air 3/300/P&L ABS (Anti-Lock Braking System) Hydraulic Electronic Braking System (EBS) Electronic Stability Control (ESC) Roll Stability Control (RSS) Trailer Roll Stability Support (RSS) Trailer ABS (Anti-Lock Braking System)3 Driveline Suspension Control Clutch Controls 2/200/P&L Leveling Valves 1/100/P&LOptiRide® Automated Manual Transmission (AMT) OptiRide® Electronically Controlled Air Suspension (ECAS)3/300/P&L WABCO Components1 (cont.) Safety OnGuardACTIVE® 3/300/P&L OnLane® OnLaneALERT® OnSide® Trailer SafeStart™ Trailer TailGUARD™ Telematics TrailerCAST™ Telematics Device 3/300/P&L Wheel End Solutions EasyFit™ Slack Adjuster 6/600/P MAXXUS™ Truck Air Disc Brake 5/500/P&L IVTM - Wheel Module 6/P IVTM - All Other Products 2/P Pan 17 and 19 Air Disc Brake 2/Unl/P and 1/Unl/L Pan 22 Air Disc Brake 5/500/P and 1/L TRISTOP™ D Actuator w/ IBV or IRB 6/600/P TRISTOP™ D Actuator 3/300/P UNISTOP™ Actuator 2/200/P Trailer MAXX22T™ Air Disc Brake 5/500/P and 1/L 1 ZF and WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will apply when a WABCO Trailer Control Line Filter is used in combination with a WABCO Trailer ABS valve. WABCO Components1 Air Management Air Brake Valves 1/100/P&LAir Compressors (ALL)2 Air Dryers (ALL) Trailer Control Line Filter3 Braking Systems ABS (Anti-Lock Braking System) Air 3/300/P&L ABS (Anti-Lock Braking System) Hydraulic 2/200/P&L Electronic Braking System (EBS) 3/300/P&L Electronic Stability Control (ESC) Trailer ABS Valve3 Roll Stability Control (RSS) Trailer Roll Stability Support (RSS) Driveline Suspension Control OptiRide® Electronically Controlled Air Suspension (ECAS)2/200/P&L Leveling Valves 1/100/P&L Clutch Controls 2/200/P&L Safety OnGuardACTIVE® 3/300/P&L OnLane® OnLaneALERT® OnSide® Trailer SafeStart™ Trailer TailGUARD™ Telematics TrailerCAST™ Telematics Device 3/300/P&L Wheel End Solutions EasyFit™ Slack Adjuster 2/200/P MAXXUS™ Air Disc Brake 1/Unl/P&L IVTM - Wheel Module 6/P IVTM - All Other Products 2/P Pan 22, 19 and 17 Air Disc Brake 1/Unl/P&L Trailer MAXX22T™1/Unl/P&L TRISTOP™ D Actuator w/ IBV 3/Unl/P TRISTOP™ D Actuator 2/200/P UNISTOP™ Actuator 1/100/P • Airport Rescue Fire (ARF) • Airport Shuttle • Asphalt Truck • Block Truck • Bottom Dump Trailer Combination • Cementing Vehicle • City Bus • Commercial Pick-Up • Concrete Pumper • Construction Material Hauler • Crash Fire Rescue (CFR) • Mixer • Demolition • Drill Rig • Dump • Emergency Service • Equipment Hauling • Flatbed Trailer Hauler • Flatbed Truck • Fracturing Truck • Front Loader • Geophysical Exploration • Hopper Trailer Combinations • Landscaping Truck • Liquid Waste Hauler • Log Hauling • Lowboy • Michigan Special Gravel Trains • Michigan Special Log Hauler • Michigan Special Steel Hauler • Michigan Special Waste Vehicle • Municipal Dump • Newspaper Delivery • Package Delivery • Pick-up and Delivery • Rapid Intervention Vehicle (RIV) • Rear Loader • Recycling Truck • Residential Pick-Up/Waste • Rigging Truck • Roll-Off • Scrap Truck • Semi-End Dump • Sewer/Septic Vacuum • Shuttle Bus • Side Loader • Snowplow/Snowblower • Steel Hauling • Tanker • Tank Truck • Tractors with Pole Trailers • Tractor/Trailer with Jeeps • Transfer Dump • Transfer Vehicle • Transit Bus • Trolley • Utility Truck • Winch Truck HEAVY SERVICE VEHICLES HEAVY SERVICE (VOCATIONAL) WARRANTY INFORMATION HEAVY SERVICE TYPICALLY IS • On/Off road vocations (10% or more off-road) OR • Moderate to frequent starts/stops typically more than three (3) stops per mile WARRANTY - MODEL YEAR 2021 VEHICLES INDUSTRIAL AND OFF-HIGHWAY SERVICE TYPICALLY IS • Low mileage operation 3 • Vehicles are not typically licensed for highway use ¹ ZF and WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 Equivalent hours of service limit: 2,000 hours for all components. INDUSTRIAL/OFF-HIGHWAY SERVICE WARRANTY INFORMATION WABCO Components1 Air Management Air Brake Valves 2/Unl/PAir Compressors (ALL)2 Air Dryers (ALL) Brake Actuation Air/Hydraulic Actuators 2/Unl/P Master Cylinders Remote Actuators Slave and Wheel Cylinders Two Fluid Actuators Brake Locks Brake Locks (ALL) 2/Unl/PElectric Brake Locks Lever Locks Braking Systems ABS (Anti-Lock Braking System) Air 1/100/P&LABS (Anti-Lock Braking System) Hydraulic Driveline Suspension Control Clutch Controls 1/100/P&LLeveling Valves Electrohydraulics & Controls Electronic Pedals 2/Unl/PElectrohydraulic Brake Valves (EBV) Pressure Switches Hydraulic Braking Solutions Accumulator Charging Valves 2/Unl/PHydraulic Throttle Controls and Switches Modulating Brake Valves Wheel End Solutions EasyFit™ Slack Adjuster 2/200/P Caliper Disc Brakes 2/Unl/P MAXXUS™ Air Disc Brake 1/Unl/P&L Multiple Disc Brakes 2/Unl/P IVTM - Wheel Module 6/P IVTM - All Other Products 2/P Pan 22, 19 and 17 Air Disc Brake 1/Unl/P&L TRISTOP™ D Actuator w/ IBV 3/Unl/P TRISTOP™ D Actuator 2/200/P UNISTOP™ Actuator 1/100/P Market Common Application Types Agriculture Fertilizer Spreader, Tractor, Heavy Duty Ag Trailers, Harvester, Sprayer, Skid Loader, Silage Bagger, Slurry Wagons, Grain Cart Airport Support Pushback Tractor, Towing Tugs, Aircraft Tow Tractor, Refueling Trucks, Food Service Trucks, Baggage Tractors, De-Icing Equipment, Runway Clearing Equipment Construction All-Terrain Crane, Rough Terrain Crane, Excavator, Compactor, Wheel Loader, Road Roller, Motor Grader, Articulated Dump Truck, Rubber Tire Road Roller, Backhoe Loaders, Haul Trucks, Scraper Rough Terrain Forklifts, Trenchers, Drills Forestry Logging Forwarder, Kidder, Loaders, Yard Forklifts, Harvesters Fellers Material Handling Port Tractor, Rail Yard Spotter, Stevedoring Tractor, Trailer Spotter, Yard Jockey, Scissor Lift, Straddle Carrier, Manlift, Forklift, Boom Lift Telebandlers, Aerial Work Platforms Mining Specialized Mining, Excavator, Haul Truck, Underground Loader, Service Trucks, Wheel Loaders, Scrapers, Load Haul Dumps, Personnel Transports, Bolters, Scalers Municipal Street Sweeper, Utility Tractor, Utility Trucks, Tree Trimmers, Dump Trucks, Tow Trucks, Flat Bed Trucks, Winch Applications Oil & Gas Fracturing Trailer, Injecter Heads, Top Drives, Jack/Lift Boats, Wireline Trucks, Load-On / Load-Off Rail Railcar Mover, Track Layers, Grinders, Platform Crane, Locomotive Railcars, Ballast Equipment, Winch Applications ABS, ELECTRONIC STABILITY CONTROL (ESC), ROLL STABILITY CONTROL (RSC), OPTIRIDE®, ONGUARD® AND ONLANE®, COLLECTIVELY “ELECTRONICS” Failure of electronic components due to overvoltage condition, improper grounding, electrostatic discharge (ESD), improper shielding, electromagnetic interference (EMI), or other wiring or installation issues. Malfunctions and failure codes caused by other electronic subsystem failures (data bus, engine, transmission, dashboard, etc.) HYDRAULIC COMPONENTS For certain components, brake fluid DOT3 or DOT4 is used as the operating medium. Use of any other fluid will void all warranties associated with that component. For hydraulic braking applications the brake fluid is considered a maintenance item. Maintenance intervals are listed in TB- 1367. COVERAGE LIMITATIONS PRODUCT DESCRIPTION ALL PRODUCTS Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, 1/Unl/P. For vehicles that operate full- or part-time outside of the United States and Canada, a 1-Year/Unlimited Miles parts only (1/Unl/P) will apply. TOOLBOX PLUS™ DIAGNOSTIC SOFTWARE Proper diagnostics of WABCO Electronics may require the latest version of TOOLBOX PLUS™. Additional labor due to use of an outdated version of TOOLBOX™ software and/or the time to purchase or install the latest version of TOOLBOX PLUS™ are not covered under product warranty. TERMS AND CONDITIONS COVERAGE EXCLUSIONS PRODUCT DESCRIPTION ALL PRODUCTS This Warranty shall not apply to the following, but not limited to: (1) damage to the product or its component parts caused by incorrect use, installation, maintenance or repair, including without limitation (a) improper fit of mating components or brackets, damaged threads, cut, broken, chafed, pinched or otherwise damaged wiring (sensors, harnesses and connectors), (b) sensors damaged during removal when seized in block, or associated with sensor adjustments/ alignments, and (c) damage resulting from the use or installation of non-genuine WABCO components or materials; (2) damage to the product, its component parts, or diminished product or component part performance due to incorrect operation, deviation from approved conditions or misapplication; (3) any unauthorized disassembly of the product or its component parts including without limitation (a) obliterated, defaced or missing WABCO or WABCO name plate, serial numbers or label identifying the device as a ZF product or WABCO component, (b) changes to sealed adjusting screws, and (c) opening or attempted repair of non-serviceable components; (4) malfunction of the component due to internal contamination of the vehicle system including without limitation (a) water and other contamination damage that is due to the use of a non-genuine air dryer cartridge or (b) valve failures due to contamination in air system, (5) complaints associated with noise, (6) damage resulting from corrosion (including oxidation of electrical devices and connections). AIR DRYERS Mounting brackets (see vehicle OEM). Desiccant cartridge housing only. AIR SYSTEM COMPONENTS Normal wear items; Gladhand seals, dash valve knobs, valve actuation handles, treadles, pedals. WARRANTY - MODEL YEAR 2021 VEHICLES (1) What is Covered by this Commercial Warranty? ZF CV Systems North America LLC and its North American subsidiaries and affiliates (ZF) warrant to the owner (“Owner”) that the components listed in this publication, which have been installed by an Original Equipment Manufacturer (“OEM”) as original equipment will be free from defects in material and workmanship. This warranty coverage begins from the original in-service date to the limits provided and runs concurrently with any warranties provided by OEMs and/or any distribution agreements and/or any service contracts that cover the components listed in this publication, if any. If the components listed in this publication are covered by an OEM warranty and/or service contract, then the OEM’s warranty and/ or service contract shall supersede ZF’s warranty and Owner shall comply with all OEM’s warranty and/or service contract requirements for claims under such OEM’s warranty and/or service contract until those agreements expire. Once those agreements expire and provided the ZF warranty has not expired under the terms stated above, the ZF warranty will be in effect until its expiration date. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed previously in this publication. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Additional diagnostic time due to use of an outdated version of TOOLBOX™, time to purchase or install latest version of TOOLBOX™ are the responsibility of the authorized ZF distributor networks and are not covered under product warranty. Components installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify ZF through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the WABCO components have been incorporated prior to the vehicle in- service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with ZF directly. Failure to notify ZF of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in- service date. A second Owner and each subsequent Owner must also notify ZF as to the intended vocational use of the vehicle. This notification can be sent directly to ZF or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under ZF’s warranty requires that the application of products be properly approved pursuant to OEM and ZF, approvals. (3)What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4)What is not Covered by this Warranty? In addition to the items listed on "Coverage Exclusions," this warranty does not cover normal wear and tear, or service items; nor does it cover a component that fails, malfunctions or is damaged as a result of (a) improper handling, storage, installation, adjustment, repair or modification including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by ZF, (b) accident, fire or other casualty, natural disaster, road debris, negligence, misuse, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the brake system capacity), or (c) improper or insufficient maintenance (including deviation from maintenance intervals, approved lubricants, or lube levels). This warranty does not cover any component or part that is not sold by ZF. (5)To obtain service. If the owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either ZF or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM dealer or ZF distributor networks' servicer. The dealer or ZF authorized servicer will inspect the vehicle and contact ZF for an evaluation of the claim. When authorized by ZF, the dealer or ZF authorized servicer will repair or replace during the term of this warranty any defective WABCO component covered by this warranty. (6)Disclaimer of Warranty and Limitation of remedies. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND/OR WARRANTY FOR HIDDEN OR LATENT DEFECTS, AND IN NO EVENT WILL ZF OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PROGRESSIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. TERMS AND CONDITIONS (7)Legal action. Any legal action or claim arising from or related to this Warranty, in contract or otherwise, must be commenced within one year from the accrual of that cause of action, or be barred forever. Any dispute arising in connection with this agreement shall be governed by and construed according to the laws of the State of Michigan and be brought, heard and determined exclusively in either the Circuit Court for the County of Oakland, State of Michigan or the United States District Court for the Eastern District of Michigan. The parties stipulate that the referenced venues are convenient. (8)Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at ZF's option. ZF reserves the right to require that all applicable covered components are available and/or returned to ZF for review and evaluation. THE MAXIMUM LIABILITY, IF ANY, OF ZF FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT and where indicated in the product and application warranty information above, the inclusion of labor is limited to the standard repair time. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION OF DAMAGES PROVISION SET FORTH IN THIS PARAGRAPH SURVIVES BETWEEN THE ORIGINAL END USER AND ZF EVEN IF THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. ZF may change the design or make improvements to its Products without incurring any warranty obligation for previously manufactured Product . (9)Entire Agreement. This is the entire agreement between ZF and the Owner about warranty and no, ZF employee, or dealer is authorized to make any additional warranty on behalf of ZF unless in writing and signed by an authorized representative of ZF. About ZF Friedrichshafen AG ZF is a global technology company and supplies systems for passenger cars, commercial vehicles and industrial technology, enabling the next generation of mobility. ZF allows vehicles to see, think and act. In the four technology domains Vehicle Motion Control, Integrated Safety, Automated Driving, and Electric Mobility, ZF offers comprehensive solutions for established vehicle manufacturers and newly emerging transport and mobility service providers. ZF electrifies different kinds of vehicles. With its products, the company contributes to reducing emissions and protecting the climate. ZF, which acquired WABCO Holdings Inc. on May 29, 2020, now has 160,000 employees worldwide with approximately 260 locations in 41 countries. In 2019, the two then-independent companies achieved sales of €36.5 billion (ZF) and $3.4 billion (WABCO). For more information, visit: www.wabco-na.com © 2021 ZF CV Systems North America LLC - All rights reserved - SP1375 / 2.2021 For further product details contact your distributor or the WABCO Customer Care Center at 855-228-3203. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Structural Integrity Custom Cab Ten (10) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Cab Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0055 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50% 49-72 months 25% 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0014 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship Command Zone Electronics Five (5) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Command Zone control modules shall be free from failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/11/2011 WA0188 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: 54 Months Material and Workmanship Camera System Fifty - Four (54) monthsWarranty Period Ends After: The date of delivery.Warranty Begins: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Sharpvision camera system installed on the apparatus occuring during the warranty period. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Fire and Rescue Apparatus Coverage: Ten (10) Year Material and Workmanship Pierce 12V LED Strip Light Limited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Pierce 12V LED strip lights installed on the apparatus occuring during the warranty period. 1. LIMITED WARRANTY (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Ten (10) YearWarranty Period Ends After: Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 7/5/2011 WA0203 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. NEW PRODUCT WARRANTY PARTICIPATING OEM SALES DISTRIBUTOR SALES LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS USED IN EMERGENCY VEHICLE APPLICATIONS Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations. WHAT IS COVERED  WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period.  REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission’s option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances.  TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.  PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.”  OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.  TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty.  WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception: Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers). If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty. APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE WARRANTY LIMITATIONS (Whichever occurs first) ADJUSTMENT CHARGE TO BE PAID BY THE CUSTOMER APPLICABLE MODELS Months Transmission Miles Or Kilometers Parts Labor MT, MD 3000, 3200, 3500, 3700 0–24 No Limit No Charge No Charge HT with Hydraulic Controls 0–24 No Limit No Charge No Charge AT, 1000 Series, 2000 Series, 2400 Series 0–36 No Limit No Charge No Charge HT with Electronic Controls 0–60 No Limit No Charge No Charge HD 1000 EVS, 2100 EVS, 2200 EVS 2350 EVS, 2500 EVS, 2550 EVS, 3000 EVS, 3500 EVS, 4000, 4000 EVS, 4500, 4500 EVS, 4700, 4700 EVS, 4800, 4800 EVS 0–60 No Limit No Charge No Charge Page 1 of 2 WHAT IS NOT COVERED  DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered: — Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle; — Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled.  CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s).  DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered: — Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.  REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.  USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury. OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY. PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. OTHER TERMS APPLICABLE TO OTHER END-USERS THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY. QUESTIONS If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to: Allison Transmission, Inc. P.O. Box 894 Indianapolis, IN 46206-0894 Attention: Warranty Administration PF-9 Form SE0616EN (201009) Page 2 of 2 Warranty Begins: The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per occurrence is available for the first three (3) years. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage Warranty Period Ends After: Fire and Rescue Apparatus Coverage: Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage 1. LIMITED WARRANTY The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: The date of delivery to the first retail purchaser. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover repair due to accidents, misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty. This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as recommended. Performance of the required maintenance and use of proper fluids are the responsibility of the owner. Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission. Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization. Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler. Conditions and Exclusions: See Also Paragraphs 2 thru 4 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle.2/22/2012 WA0216 THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0010 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Fifteen (15) Year Structural Integrity Heavy Duty Rescue Body Fifteen (15) Years - or - 100,000 Miles Warranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: The apparatus body shall be free from structural failures caused by defects in material and workmanship (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50% 97-120 months 25% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50% 49-72 months 25% 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: Ten (10) Year Pro-Rated Paint and Corrosion Custom Body Ten (10) YearsWarranty Period Ends After: The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins: Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168 1. LIMITED WARRANTY THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 2. DISCLAIMERS OF WARRANTIES The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. This warranty does not cover damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). Conditions and Exclusions: See Also Paragraphs 2 thru 4 Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: Fire and Rescue Apparatus Coverage: One (1) Year Material and Workmanship Graphics Fading and Deterioration One (1) YearWarranty Period Ends After: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins: Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 3. BUYER'S EXCLUSIVE REMEDY. CD0156 Vehicle Stability 170601.doc 1 6/26/2017 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0156 Statement of Compliance to NFPA 1901-2016 Vehicle Stability Pierce fire apparatus comply with NFPA 1901 Section 4.13 Vehicle Stability using the tilt table method. As prescribed by the standard, each apparatus is compared to a substantially similar apparatus that has been loaded as required and tested on a tilt table per the SAE J2180 test procedure. If the apparatus configuration was not expected to meet the minimum tilt table criteria, then it will be equipped with the Electronic Stability Control option. A listing of all tested apparatus is maintained by the Research and Development lab and is available for inspection at the Appleton factory. VALIDATION TEST: Multiple Tests Pierce Manufacturing, Inc. David W. Archer Vice President of Engineering June 1, 2017 CD0098 Power Steering System 110623.doc 1 10/14/2014 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0098 Power Steering System Pierce Manufacturing, Inc. certifies that the power steering system as installed in our custom chassis meets the requirements of the component supplier, the NFPA 1901 and NFPA 1906 guidelines as applicable, and Pierce internal design standards. VALIDATION TEST: RD1987, RD2055 RD2056, RD2057, RD2058, RD2059 Pierce Manufacturing, Inc. David W. Archer Director of Engineering June 03, 2011 CD0190 CD0190 Cab Integrity Certification - Velocity - Impel 210929.doc 1 12/1/2021 Oshkosh Corporation Classification - Restricted PIERCE MANUFACTURING INC.® AN OSHKOSH TRUCK CORPORATION® COMPANY Certification Document CD0190 Velocity® & Impel® Cab Integrity Certification Pierce Manufacturing certifies the integrity of the Velocity/Impel cab relative to occupant protection. A specimen representing the substantial structural configuration of the Velocity and Impel cab models has been successfully tested in accordance with the following standards. • SAE J2422 Cab Roof Strength Evaluation – Quasi-Static Loading Heavy Trucks. • European Occupant Protection Standard ECE Regulation No. 29. • SAE J2420 COE Frontal Strength Evaluation – Dynamic Loading Heavy Trucks. Side Impact: The test cab was subjected to dynamic preload where a 14,320 lb. moving barrier was impacted into the top corner with sufficient speed to impact the top corner of the cab with 13,000 ft-lbs. of energy. This satisfies SAE J2422 requirements. Roof Crush: This test cab was then subjected to a roof crush force of 100,000 lbs. This value exceeds the ECE 29 criteria, which must be equivalent to the front axle rating. This is 4.5 times higher than max. front axle rating. Frontal Impact: The test cab was struck by the 13,275 lb moving barrier at a speed sufficient to impart the required 65,200 ft-lbs. of energy. CD0190 CD0190 Cab Integrity Certification - Velocity - Impel 210929.doc 2 12/1/2021 Oshkosh Corporation Classification - Restricted Side Crush: As an additional test of the Velocity/Impel strength, the same test cab was set on its side and loaded to 100,000 lbs. The cab in this test withstood the load without any appreciable damage or occupant space intrusion. Pass-Fail criteria of the SAE tests and the ECE 29 test is a measure of whether the “survival space” inside the cab is compromised during any of the test loads. The Pierce cab withstood all integrity tests on the same cab without any measurable intrusion into the survival space of the occupant area. Certified by: Pierce Manufacturing, Inc. David W Archer Vice President of Engineering PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0001 Velocity® & Impel® Cab Doors Pierce Manufacturing certifies the integrity of the Velocity® & Impel® cab doors. Specimens representing the substantial structural configuration of the Velocity and Impel cab front and crew doors have been successfully tested to meet the following objectives: OBJECTIVES: • Survive a 200,000-cycle door slam test with a slam acceleration up to 20 g’s on one representative • Validate the assembly concept of the main structure of the door by evaluating the durability of the bonding technique. • Evaluate components, structure, and mounting of the door during and the end of the test for fatigue and failure to ensure durability. • Verify that the door seals function properly at the end of the test. • Evaluate the new extrusions and castings of the cab doorframe during and at the end of the test for fatigue, failure, and deformation of seal flanges. • Evaluate various mounting options for the electronic control module for durability during portions of the slam test. CONCLUSIONS: • The door structure and doorframe successfully completed a 200,000-cycle door slam test with a door slam acceleration of 50 g’s. VALIDATION TEST: RD1239, RD1350 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0001 Door Durability - Velocity 080315 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0005 Velocity® & Impel® Windshield Wiper System Pierce Manufacturing certifies the integrity of the Velocity® & Impel® Windshield Wiper System. Specimens representing the configuration of the Velocity® & Impel® windshield wipers have been successfully tested to meet the following objectives: OBJECTIVES: • Complete 3,000,000 cycles of windshield wiper operation per SAE J198 § 6.2 • Inspect wiper motor, pivots, linkages, and mounts frequently to validate cumulative wiper system integrity. CONCLUSIONS: • The wiper linkage, pivots, and mounts successfully completed 4,254,000 cycles. • The low speed circuit on the wiper motor failed at 2,954,000 cycles but it continued to operate on high speed. The low speed failure was determined to be due to water intrusion. The production wiper motors are coated in “EL-Cast Resin with a 641 hardener additive” to seal them from water intrusion to prevent failure. VALIDATION TEST: RD1240 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0005 Windshield Wipers - Velocity 080315 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0004 Velocity® & Impel® Window Regulators Pierce Manufacturing certifies the integrity of the Velocity® & Impel® window regulators. Specimens representing the substantial structural configuration of the Velocity® & Impel® window regulators have been successfully tested to meet the following objectives: OBJECTIVES: • Electric window regulators withstand 30,000 up-down cycles. CONCLUSIONS: • The electric window regulators withstood 30,000 cycles without failure. VALIDATION TEST: RD1350, RD1368 Pierce Manufacturing, Inc. James Roger Lackore, PE March 16, 2008 CD0004 Window Regulators - Velocity 080315 1 7/8/2008 PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0018 Velocity® & Impel® Seats and Seat Belts Pierce Manufacturing certifies the conformance of the Velocity® & Impel® cab seats and seat belts to Federal Motor Vehicle Safety Standards. Representative Velocity® & Impel® Seat and Seat Belt designs have been tested successfully in accordance with FMVSS 207. Physical testing was performed to qualify passenger seats to meet Federal Motor Vehicle Safety Standards (FMVSS) 207 and 210. This requires that a minimum of 3,000 lbf be applied to both the lap and shoulder belts via appropriate body blocks. A third force of twenty times the mass of the seat must be applied at the center-of-gravity (CG) of the seat. All three forces are applied at the same time, reached within thirty seconds of the start of the test, and be held for a minimum of ten seconds. A force equal to twenty times the mass of the seat was applied to each seat in the direction opposite to the combination pull. A moment of 275 lb-ft was applied to the seat with reference to the H-point. This testing ensures that the seat mounting and seat belt anchors are adequate to retain the seats and occupants in a crash. The Federal requirements are based on the high deceleration rates of passenger vehicles, so the design requirements are significantly more conservative considering the slower crash speeds of heavy trucks. VALIDATION TESTS: Pierce Manufacturing, Inc. RD1274 RD1335 RD1352 RD1405 RD1437 RD1446 James Roger Lackore, PE June 17, 2008 CD0018 Seats and Belts - Velocity 080617 1 7/8/2008 CD0166 Heat and Defrost - Velocity MCC 290420.doc 1 4/28/2020 Oshkosh Corporation Classification - Restricted PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0166 Velocity® & Impel® Cab Heater Pierce Manufacturing certifies the performance of the Velocity® & Impel® cab heat system. The Velocity® & Impel® Heater System was tested successfully in an environmental chamber. Heater testing was performed using the coolant supply procedures from SAE J381. The average cab temperature increased 86.5º F from -10º F to 75.6º F within the prescribed 30 minutes utilizing the right side under seat auxiliary heater. The cab was contained in a cold chamber at -10º F during the duration of the test. CD0166 Heat and Defrost - Velocity MCC 290420.doc 2 4/28/2020 Oshkosh Corporation Classification - Restricted VALIDATION TEST: TR#19-0047 R00 Pierce Manufacturing, Inc. David Archer, Vice President of Engineering CD0168 Velocity & Impel Air Conditioning 290420.doc 1 4/28/2020 Oshkosh Corporation Classification - Restricted PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0168 Velocity® & Impel® Air Conditioning & Defrost Pierce Manufacturing certifies the performance of the Velocity® & Impel® cab air conditioning and defrost system. The air conditioning and defrost system was tested successfully in an environmental chamber. Air Conditioning: Air conditioning performance testing was conducted at an ambient of 100°F and 50 percent relative humidity. Engine speed was maintained at 1000 rpm with the controls set to maximum cooling. All temperature probes were monitored to confirm temperature stabilization. The transient test began when all the vehicle doors were closed, and the air conditioning was turned on. The average cab temperature dropped to 72.6 º F at the end of the 30-minute test. CD0168 Velocity & Impel Air Conditioning 290420.doc 2 4/28/2020 Oshkosh Corporation Classification - Restricted Defrosting Defroster testing was performed in accordance with SAE J381 Windshield Defrosting Systems Test Procedure and Performance Requirements-Trucks, Buses, and Multipurpose Vehicles. This SAE Recommended Practice establishes uniform test procedures and performance requirements for the defrosting system of enclosed cab trucks, buses, and multipurpose vehicles. Current engineering practice prescribes that for laboratory evaluation of defroster systems, an ice coating of known thickness be applied to the windshield and left- and right- hand side windows to provide more uniform and repeatable test results, even though under actual conditions such a coating would necessarily be scraped off before driving. The test condition, therefore, represents a more severe condition than the actual condition, where the defroster system must merely be capable of maintaining a cleared viewing area. During the test, the vehicle is cold-soaked to 0º F in a cold chamber. A prescribed layer of ice is applied to the windshield. The defroster is then run and the advancing melt boundary marked as the test proceeds. The SAE prescribed area of the windshield was 100% cleared within the specified 30 minute period. Defrost Results Start of Test 15 Minutes 30 Minutes Right Viewed From Outside Left VALIDATION TEST: MCC Test Report TR#19-0047 R00 CD0168 Velocity & Impel Air Conditioning 290420.doc 3 4/28/2020 Oshkosh Corporation Classification - Restricted Pierce Manufacturing, Inc. David Archer Vice President of Engineering CD0176 Velocity & Impel Cab Heater - MCC Certified.doc 1 10/18/2021 Oshkosh Corporation Classification - Restricted PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0176 Velocity® & Impel® Cab Heater Pierce Manufacturing, in conjunction with Mobile Climate Control, Inc., certifies the performance of the Velocity® & Impel® cab heat system. The Velocity® & Impel® Heater System was tested successfully in an environmental chamber. Heater testing was performed using the coolant supply procedures from SAE J381. The average cab temperature increased 86.5º F from -10º F to 75.6º F within the prescribed 30 minutes utilizing the right side under seat auxiliary heater. The cab was contained in a cold chamber at -10º F during the duration of the test. CD0176 Velocity & Impel Cab Heater - MCC Certified.doc 2 10/18/2021 Oshkosh Corporation Classification - Restricted VALIDATION TEST: TR#19-0047 R00 Pierce Manufacturing, Inc. David Archer, Vice President of Engineering Mobile Climate Control, Inc. Brent Griffith Lead Test Engineer & Large Application Specialist CD0177 Velocity & Impel Air Conditioning_Defrost - MCC Certified.doc 1 10/18/2021 Oshkosh Corporation Classification - Restricted PIERCE MANUFACTURING INC.® AN OSHKOSH CORPORATION® COMPANY Certification Document CD0177 Velocity® & Impel® Air Conditioning & Defrost Pierce Manufacturing, in conjunction with Mobile Climate Control, Inc., certifies the performance of the Velocity® & Impel® cab air conditioning and defrost system. The air conditioning and defrost system was tested successfully in an environmental chamber. Air Conditioning: Air conditioning performance testing was conducted at an ambient of 100°F and 50 percent relative humidity. Engine speed was maintained at 1000 rpm with the controls set to maximum cooling. All temperature probes were monitored to confirm temperature stabilization. The transient test began when all the vehicle doors were closed, and the air conditioning was turned on. The average cab temperature dropped to 72.6 º F at the end of the 30-minute test. CD0177 Velocity & Impel Air Conditioning_Defrost - MCC Certified.doc 2 10/18/2021 Oshkosh Corporation Classification - Restricted Defrosting Defroster testing was performed in accordance with SAE J381 Windshield Defrosting Systems Test Procedure and Performance Requirements-Trucks, Buses, and Multipurpose Vehicles. This SAE Recommended Practice establishes uniform test procedures and performance requirements for the defrosting system of enclosed cab trucks, buses, and multipurpose vehicles. Current engineering practice prescribes that for laboratory evaluation of defroster systems, an ice coating of known thickness be applied to the windshield and left- and right- hand side windows to provide more uniform and repeatable test results, even though under actual conditions such a coating would necessarily be scraped off before driving. The test condition, therefore, represents a more severe condition than the actual condition, where the defroster system must merely be capable of maintaining a cleared viewing area. During the test, the vehicle is cold-soaked to 0º F in a cold chamber. A prescribed layer of ice is applied to the windshield. The defroster is then run and the advancing melt boundary marked as the test proceeds. The SAE prescribed area of the windshield was 100% cleared within the specified 30 minute period. Defrost Results Start of Test 15 Minutes 30 Minutes Right Viewed From Outside Left VALIDATION TEST: MCC Test Report TR#19-0047 R00 CD0177 Velocity & Impel Air Conditioning_Defrost - MCC Certified.doc 3 10/18/2021 Oshkosh Corporation Classification - Restricted Pierce Manufacturing, Inc. David Archer Vice President of Engineering Mobile Climate Control, Inc. Brent Griffith Lead Test Engineer & Large Application Specialist Proposal Details Report OptionCode Type Option ProposalText 0766614 Boiler Plates, Heavy Duty Rescue Ten-8 Fire Equipment, Inc. is pleased to submit a proposal to Clearwater Fire & Rescue for a Pierce® Heavy Duty Rescue per your request for quotation. The following paragraphs will describe in detail the apparatus, construction methods, and equipment proposed. This proposal will indicate size, type, model and make of components parts and equipment, providing proof of compliance with each and every item (except where noted) in the departments advertised specifications. PIERCE MANUFACTURING was founded in 1913. Since then we have been building bodies with one philosophy, "BUILD THE FINEST". Our skilled craftsmen take pride in their work, which is reflected, in the final product. We have been building fire apparatus since the early "forties" giving Pierce Manufacturing over 75 years of experience in the fire apparatus market. Pierce Manufacturing has built and put into service more than 62,500 apparatus, including more than 33,900 on Pierce custom chassis designed and built specifically for fire and emergency applications. Our Appleton, Wisconsin facility has over 870,000 total square feet of floor space situated on approximately 105 acres of land. Our Bradenton, Florida facility has 300,000 square feet of floor space situated on approximately 38 acres of land. Our beliefs in high ethical standards are carried through in all of our commitments and to everyone with whom we do business. Honesty, Integrity, Accountability and Citizenship are global tenets by which we all live and work. Consequently, we neither engage in, nor have we ever been convicted of price fixing, bid rigging, or collusion in any domestic or international fire apparatus market. Pierce has only one brand of fire apparatus "Pierce", ensuring you are receiving top of the line product that meets your specification. In accordance with the current edition of applicable NFPA standards, this proposal will specify whether the fire department, manufacturer, or apparatus dealership will provide required loose equipment. Images and illustrative material in this proposal are as accurate as known at the time of publication, but are subject to change without notice. Images and illustrative material is for reference only, and may include optional equipment and accessories and may not include all standard equipment. GENERAL DESIGN AND CONSTRUCTION To control quality, ensure compatibility, and provide a single source for service and warranty, the custom cab, chassis, pump module and body will be entirely designed, assembled/welded and painted in Pierce owned manufacturing facilities. This includes, but not limited to the cab weldment, the pumphouse module assembly, the chassis assembly, the body and the electrical system. QUALITY AND WORKMANSHIP Pierce has set the pace for quality and workmanship in the fire apparatus field. Our tradition of building the highest quality units with craftsmen second to none has been the rule right from the beginning and we demonstrate that ongoing commitment by: Ensuring all steel welding follows American Welding Society D1.1-2004 recommendations for structural steel welding. All aluminum welding follows American Welding society and ANSI D1.2-2003 requirements for structural welding of aluminum. All sheet metal welding follows American welding Society B2.1-2000 requirements for structural welding of sheet metal. Our flux core arc welding uses alloy rods, type 7000 and is performed to American Welding Society standards A5.20-E70T1. Furthermore, all employees classified as welders are tested and certified to meet the American welding Society codes upon hire and every three (3) years thereafter. Pierce also employs and American Welding Society certified welding inspector in plant during working hours to monitor weld quality. Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. These standards sponsored by the International Organization for Standardization (ISO) specify the quality systems that are established by the manufacturer for design, manufacture, installation and service. A copy of the certificate of compliance is included with this proposal. In addition to the Quality Management system, we also employ a Quality Achievement Supplier program to insure the vendors and suppliers that we utilize meet the high standards we demand. That is just part of our overall "Quality at the Source" program at Pierce. To demonstrate the quality of our products and services, a list of at least five (5) fire departments/municipalities that have purchased vehicles for a second time is provided. DELIVERY The apparatus will be delivered under its own power to insure proper break-in of all components while the apparatus is still under warranty. A qualified delivery representative shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered. MANUAL AND SERVICE INFORMATION At time of delivery, complete operation and maintenance manuals covering the apparatus will be provided. A permanent plate will be mounted in the driver's compartment specifying the quantity and type of fluids required including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle. SAFETY VIDEO At the time of delivery Pierce will also provide one (1) 39-minute, professionally produced apparatus safety video, in DVD format. This video will address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus, including the following: vehicle pre-trip inspection, chassis operation, pump operation, aerial operation, and safety during maintenance. PERFORMANCE TESTS A road test will be conducted with the apparatus fully loaded and a continuous run of no less than 10/6/2023 Customer:Clearwater Bid Number: 780 Representative Bouwer, Dustin Job Number: Requirements Manager:Organization:Ten-8 Fire & Safety, LLC Description: 2023 – Clearwater - HDR - Dupli Chassis:Velocity Chassis (Big Block), 2010 Body: HDR, Non-Walk-In, Aluminum 1780Bid #: ten (10) miles. During that time the apparatus will show no loss of power nor will it overheat. The transmission drive shaft or shafts and the axles will run quietly and be free of abnormal vibration or noise. The apparatus when fully loaded will not have less than 25 percent nor more than 50 percent on the front axle, and not less than 50 percent nor more than 75 percent on the rear axle. The apparatus will meet the current edition of applicable NFPA standards acceleration and braking requirements. SERVICE AND WARRANTY SUPPORT Pierce dealership support will be provided by Ten-8 Bradenton by operating a Pierce authorized service center. The service center will have factory-trained mechanics on staff versed in Pierce fire apparatus. The service facility will be located within fifty (50) miles of the fire department. In addition to the dealership, Pierce has service facilities located in both, Weyauwega, Wisconsin and Bradenton, Florida. Pierce also maintains a dedicated parts facility of over 100,000 square feet in Appleton, Wisconsin. The parts facility stocks in excess of $5,000,000 in parts dedicated to service and replacement parts. The parts facility employs a staff dedicated solely for the distribution and shipment of service and replacement parts. Service parts for the apparatus being proposed can be found via Pierceparts.com which, is an interactive online tool that delivers information regarding your specific apparatus as well as the opportunity to register for training classes. As a Pierce customer you have the ability to view the complete bill of materials for your specific apparatus, including assembly drawings, piece part drawings, and beneficial parts notations. You will also have the ability to search the complete Pierce item master through a parts search function which offers all Pierce SKU's and descriptions offered on all Pierce apparatus. Published component catalogs, which include proprietary systems along with an extensive operators manual library is available for easy reference. Pierce Manufacturing maintains a dedicated service and warranty staff of over 35 personnel, dedicated to customer support, which also maintains a 24 hour 7 day a week toll free hot line, four (4) on staff EVTs, and offers hands-on repair and maintenance training classes multiple times a year. LIABILITY The successful bidder will defend any and all suits and assume all liability for the use of any patented process including any device or article forming a part of the apparatus or any appliance furnished under the contract. INSURANCE PROVIDED BY BIDDER COMMERCIAL GENERAL LIABILITY INSURANCE The successful bidder will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of commercial general liability insurance: Each Occurrence $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 Coverage will be written on a Commercial General Liability form. The policy will be written on an occurrence form and will include Contractual Liability coverage for bodily injury and property damage subject to the terms and conditions of the policy. The policy will include Owner as an additional insured when required by written contract. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE The successful bidder will, during the performance of the contract, keep in force at least the following minimum limits of commercial automobile liability insurance and coverage will be written on a Commercial Automobile liability form: Each Accident Combined Single Limit: $1,000,000 UMBRELLA/EXCESS LIABILITY INSURANCE The successful bidder will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of umbrella liability insurance: Aggregate: $3,000,000 Each Occurrence: $3,000,000 The umbrella policy will be written on an occurrence basis and at a minimum provide excess to the bidder's General Liability and Automobile Liability policies. The required limits can be provided by one (1) or more policies provided all other insurance requirements are met. Coverage will be provided by a carrier(s) rated A- or better by A.M. Best. All policies will provide a 30-day notice of cancellation to the named insured. The Certificate of Insurance will provide the following cancellation clause: Should any of the above described polices be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Bidder agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the bid. The certificate will show the purchaser as certificate holder. INSURANCE PROVIDED BY MANUFACTURER PRODUCT LIABILITY INSURANCE The manufacturer will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of Product Liability insurance: Each Occurrence $1,000,000 Products/Completed Operations Aggregate $1,000,000 Coverage will be written on a Commercial General Liability form. The policy will be written on an occurrence form. The manufacturer's policy will include the owner as additional insured when required by written contract between the Owner and a Pierce authorized dealer. UMBRELLA/EXCESS LIABILITY INSURANCE The manufacturer will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of umbrella liability insurance: Each Occurrence: $25,000,000 Aggregate: $25,000,000 The umbrella policy will be written on an occurrence basis and provide excess to the manufacturer's General Liability/Products policies. The required limits can be provided by one (1) or more policies provided all other insurance requirements are met. 2780Bid #: Coverage will be provided by a carrier(s) rated A- or better by A.M. Best. All policies will provide a 30-day notice of cancellation to the named insured. The Certificate of Insurance will provide the following cancellation clause: Should any of the above described polices be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Manufacturer agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the bid. The certificate will show the purchaser as the certificate holder. 0661794 Single Source Compliance SINGLE SOURCE MANUFACTURER Pierce Manufacturing, Inc. provides an integrated approach to the design and manufacture of our products that delivers superior apparatus and a dedicated support team. From our facilities, the chassis, cab weldment, cab, pumphouse (including the sheet metal enclosure, valve controls, piping and operators panel) and body will be entirely designed, tested, and hand assembled to the customer's exact specifications. The electrical system either hardwired or multiplexed, will be both designed and integrated by Pierce Manufacturing. The warranties relative to these major components (excluding component warranties such as engine, transmission, axles, pump, etc.) will be provided by Pierce as a single source manufacturer. Pierce's single source solution adds value by providing a fully engineered product that offers durability, reliability, maintainability, performance, and a high level of quality. 0584456 Manufacture Location, Appleton, Wisconsin Your apparatus will be manufactured in Appleton, Wisconsin. 0584452 RFP Location: Appleton, Wisconsin 0588609 Vehicle Destination, US 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions NFPA 2016 STANDARDS This unit will comply with the NFPA standards effective January 1, 2016, except for fire department directed exceptions. These exceptions will be set forth in the Statement of Exceptions. Certification of slip resistance of all stepping, standing and walking surfaces will be supplied with delivery of the apparatus. All horizontal surfaces designated as a standing or walking surface that are greater than 48.00" above the ground must be defined by a 1.00" wide line along its outside perimeter. Perimeter markings and designated access paths to destination points will be identified on the customer approval print and are shown as approximate. Actual location(s) will be determined based on materials used and actual conditions at final build. Access paths may pass through hose storage areas and opening or removal of covers or restraints may be required. Access paths may require the operation of devices and equipment such as the aerial device or ladder rack. A plate that is highly visible to the driver while seated will be provided. This plate will show the overall height, length, and gross vehicle weight rating. The manufacturer will have programs in place for training, proficiency testing and performance for any staff involved with certifications. An official of the company will designate, in writing, who is qualified to witness and certify test results. 0533352 Special Services (Rescue) Fire Apparatus 0588614 Vehicle Certification, Rescue 0681285 Agency, Apparatus Certification, Rescue, U.L. NFPA COMPLIANCY Apparatus proposed by the bidder will meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications will be indicated in the proposal as "non-NFPA". GENERATOR TEST If the unit has a generator, the generator will be tested, approved, and certified by Underwriters Laboratories at the manufacturer's expense. The test results will be provided to the Fire Department at the time of delivery. BREATHING AIR TEST If the unit has breathing air, Pierce Manufacturing will draw an air sample from the air system and certify that the air quality meets the requirements of NFPA 1989, Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection. 0891947 Certification, Vehicle Inspection Program, NFPA 1901 VEHICLE INSPECTION PROGRAM CERTIFICATION To assure the vehicle is built to current NFPA 1901 standards, the apparatus, in its entirety, will be third-party, independent, audit-certified through Underwriters Laboratory (UL) that it is built and complies to all applicable standards in the current edition. The certification includes: all design, production, operational, and performance testing of not only the apparatus, but those components that are installed on the apparatus. A placard will be affixed in the driver's side area stating the third party agency, the date, the standard and the certificate number of the whole vehicle audit. 3780Bid #: 0536644 Customer Service Website AFTERMARKET SUPPORT WEBSITE Pierceparts.com will provide Pierce authorized dealer access to comprehensive information pertaining to the maintenance and service of their customer's apparatus. This tool will provide the Pierce authorized dealer the ability to service and support their customers to the best of their ability with factory support at their fingertips. Pierceparts.com is also accessible to the end user through the guest login. Limited access is available and vehicle specific parts information accessible by entering a specific VIN number. All end users should see their local authorized Pierce dealer for additional support and service. The website will consist of the following screens at the dealer level: My Fleet Screen The My Fleet screen will provide access to truck detail information on the major components of the vehicle, warranty information, available vehicle photographs, vehicle drawings, sales options, applicable vehicle software downloads, etc. Parts Screens The Parts screens will provide parts look-up capability of Pierce Manufacturing sourced items, with the aid of digital photographs, part drawings and assembly drawings. The parts search application will permit the searching of parts by item description or function group (major system category). The parts application will provide the ability to submit electronically a parts order, parts quote, or parts return request directly to Pierce Manufacturing for processing. Warranty Screen The Warranty screens will provide dealers the ability to submit electronically warranty claims directly to Pierce Manufacturing for reimbursement. My Reports Screens The My Reports screens will provide access to multiple dealer reports to allow the dealership to maintain communication with the customer on the status of orders, claims, and phone contacts. Technical Support Screens The Technical Support screens will provide access to all currently published Operation and Maintenance and Service Publications. Access to Pierce Manufacturing Service Bulletins and Work Instructions, containing information on current service topics and recommendations will be provided. Training The Training screens will provide access to upcoming training classes offered by Pierce Manufacturing along with interactive electronic learning modules (Operators Guides) covering the operation of major vehicle components will be provided. Access to training manuals used in Pierce Manufacturing training classes will be provided. About Pierce Access to customer service articles, corporate news, quarterly newsletters, and key contacts within the Customer Service Department will be provided. The current Customer Service Policy and Procedure Manual, detailing the operation of the Customer Service group will also be accessible. 0535579 Not Required, Unit of Measure, (no pump, no tank) 0030006 Bid Bond Not Requested BID BOND NOT REQUESTED A bid bond will not be included. If requested, the following will apply: All bidders will provide a bid bond as security for the bid in the form of a 5% bid bond to accompany their bid. This bid bond will be issued by a Surety Company who is listed on the U.S. Treasury Departments list of acceptable sureties as published in Department Circular 570. The bid bond will be issued by an authorized representative of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond will include language, which assures that the bidder/principal will give a bond or bonds as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the Basic One (1) Year Limited Warranty, and for the prompt payment of labor and material furnished in the prosecution of the contract. Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle will apply only to the Basic One (1) Year Limited Warranty for such vehicle. Any surety bond related to the sale of a vehicle will not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision will prevail. 4780Bid #: 0816569 Performance Bond, Not Requested, PPI Terms PERFORMANCE BOND NOT REQUESTED A performance bond will not be included. If requested at a later date, one will be provided to you for an additional cost and the following will apply: The successful bidder will furnish a Performance and Payment bond (Bond) equal to 100 percent of the total contract amount within 30 days of the notice of award. Such Bond will be in a form acceptable to the Owner and issued by a surety company included within the Department of Treasury's Listing of Approved Sureties (Department Circular 570) with a minimum A.M. Best Financial Strength Rating of A and Size Category of XV. In the event of a bond issued by a surety of a lesser Size Category, a minimum Financial Strength rating of A+ is required. Bidder and Bidder's surety agree that the Bond issued hereunder, whether expressly stated or not, also includes the surety's guarantee of the vehicle manufacturer's Bumper to Bumper warranty period included within this proposal. Owner agrees that the penal amount of this bond will be simultaneously amended to 25 percent of the total contract amount upon satisfactory acceptance and delivery of the vehicle(s) included herein. Notwithstanding anything contained within this contract to the contrary, the surety's liability for any warranties of any type will not exceed three (3) years from the date of such satisfactory acceptance and delivery, or the actual Bumper to Bumper warranty period, whichever is shorter. Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible. If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID: WPUID6112] ("PPI") has increased at a compounded annual growth rate of 5.0% or more between the month Pierce accepts the order ("Order Month") and a month 14 months prior to the then predicted Ready For Pickup date ("Evaluation Month"), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation Month. The seller will document any such updated price for the customer's approval before proceeding and provide an option to cancel the order. 0000007 Approval Drawing APPROVAL DRAWING A drawing of the proposed apparatus will be prepared and provided to the purchaser for approval before construction begins. The Pierce sales representative will also be provided with a copy of the same drawing. The finalized and approved drawing will become part of the contract documents. This drawing will indicate the chassis make and model, location of the lights, siren, horns, compartments, major components, etc. A "revised" approval drawing of the apparatus will be prepared and submitted by Pierce to the purchaser showing any changes made to the approval drawing. 0672031 Drawing, Cab, Top View, Seating and EMS Cabinets, Reference Only DRAWING, CAB TOP VIEW On the sales drawing a top view of the cab seating and EMS cabinets will be provided. The top view will be a reference only of the seating and EMS cabinets in the order. 0002928 Electrical Diagrams ELECTRICAL WIRING DIAGRAMS Two (2) electrical wiring diagrams, prepared for the model of chassis and body, will be provided. 0564202 Velocity Chassis (Big Block), 2010 VELOCITY CHASSIS The Pierce Velocity® is the custom chassis developed exclusively for the fire service. Chassis provided will be a new, tilt-type custom fire apparatus. The chassis will be manufactured in the apparatus body builder's facility eliminating any split responsibility. The chassis will be designed and manufactured for heavy-duty service, with adequate strength and capacity for the intended load to be sustained and the type of service required. The chassis will be the manufacturer's first line tilt cab. 0000110 Wheelbase WHEELBASE The wheelbase of the vehicle will be 259. 0000070 GVW Rating GVW RATING The gross vehicle weight rating will be 56,300. 0000203 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF FRAME The chassis frame will be built with two (2) steel channels bolted to five (5) cross members or more, depending on other options of the apparatus. The side rails will have a 13.38" tall web over the front and mid sections of the chassis, with a continuous smooth taper to 10.75" over the rear axle. Each rail will have a section modulus of 25.992 cubic inches and a resisting bending moment (rbm) of 3,119,040 in-lb over the critical regions of the frame assembly, with a section modulus of 18.96 cubic inches with an rbm of 2,275,200 in-lb over the rear axle. The frame rails will be constructed of 120,000 psi yield strength heat-treated 0.38" thick steel with 3.50" wide flanges. 5780Bid #: 0889439 Frame Liner, "C/Inv L" 12.50" x 3.00" x .25", XT/Vel/Imp, Full Length, 71" Qv FRAME REINFORCEMENT In addition, a mainframe internal liner will be provided. The liner will be an internal "C" design that steps to an internal "L" design over the rear axle. It will be heat-treated steel measuring 12.50" x 3.00" x 0.25" through the front portion of the liner, stepping to 9.38" x 3.00" x 0.25" through the rear portion of the liner. Each liner will have a section modulus of 13.58 cubic inches, yield strength of 110,000 psi, and rbm of 1,494,042 in-lb. Total rbm at wheelbase center will be 4,391,869 in-lb. The frame liner will be mounted inside of the chassis frame rail and extend the full length of the frame. 0508849 Axle, Front, Oshkosh TAK-4, Non Drive, 22,800 lb, Imp/Vel FRONT NON DRIVE AXLE The Oshkosh TAK-4® front axle will be of the independent suspension design with a ground rating of 22,800 lb. Upper and lower control arms will be used on each side of the axle. Upper control arm castings will be made of 100,000-psi yield strength 8630 steel and the lower control arm casting will be made of 55,000-psi yield ductile iron. The center cross members and side plates will be constructed out of 80,000-psi yield strength steel. Each control arm will be mounted to the center section using elastomer bushings. These rubber bushings will rotate on low friction plain bearings and be lubricated for life. Each bushing will also have a flange end to absorb longitudinal impact loads, reducing noise and vibrations. There will be nine (9) grease fittings supplied, one (1) on each control arm pivot and one (1) on the steering gear extension. The upper control arm will be shorter than the lower arm so that wheel end geometry provides positive camber when deflected below rated load and negative camber above rated load. Camber at load will be 0 degrees for optimum tire life. The ball joint bearing will be of low friction design and be maintenance free. Toe links that are adjustable for alignment of the wheel to the center of the chassis will be provided. The wheel ends will have little to no bump steer when the chassis encounters a hole or obstacle. The steering linkage will provide proper steering angles for the inside and outside wheel, based on the vehicle wheelbase. The axle will have a turning angle of up to 45 degrees. 0010427 Suspension, Front TAK-4, 22,800 lb, Qtm/AXT/Imp/Vel/Enf/SFR FRONT SUSPENSION Front Oshkosh TAK-4™ independent suspension will be provided with a minimum ground rating of 22,800 lb. The independent suspension system will be designed to provide maximum ride comfort. The design will allow the vehicle to travel at highway speeds over improved road surfaces and at moderate speeds over rough terrain with minimal transfer of road shock and vibration to the vehicle's crew compartment. Each wheel will have torsion bar type spring. In addition, each front wheel end will also have energy absorbing jounce bumpers to prevent bottoming of the suspension. The suspension design will be such that there is at least 10.00" of total wheel travel and a minimum of 3.75" before suspension bottoms. The torsion bar anchor lock system allows for simple lean adjustments, without the use of shims. One can adjust for a lean within 15 minutes per side. Anchor adjustment design is such that it allows for ride height adjustment on each side. The independent suspension was put through a durability test that simulated 140,000 miles of inner city driving. 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf FRONT SHOCK ABSORBERS KONI heavy-duty telescoping shock absorbers will be provided on the front suspension. 0000322 Oil Seals, Front Axle FRONT OIL SEALS Oil seals with viewing window will be provided on the front axle. 0899438 Tires, Front, Goodyear, Armor MAX MSA, 425/65R22.50, 20 ply FRONT TIRES Front tires will be Goodyear 425/65R22.50 radials, 20 ply Armor Max MSA, rated for 22,800 lb maximum axle load and 68 mph maximum speed. 0019611 Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot The tires will be mounted on Alcoa 22.50" x 12.25" polished aluminum disc type wheels with a ten (10)stud, 11.25" bolt circle. 0598516 Axle, Rear, Meritor RS30-185, 33,500 lb, Imp/Vel/DCF REAR AXLE The rear axle will be a Meritor™, Model RS-30-185, with a capacity of 33,500 lb. 0544244 Top Speed of Vehicle, 60 MPH/96 KPH TOP SPEED OF VEHICLE A rear axle ratio will be furnished to allow the vehicle to reach a top speed of 60 mph/96KPH. 6780Bid #: 0122073 Suspen, Rear, Standens, Spring, 33,500 lb, Imp/Vel/Enf REAR SUSPENSION The rear suspension will be Standens, semi-elliptical, 3.00" wide x 53.00" long, with a ground rating of 33,500 lb. The spring hangers will be castings. The two (2) top leaves will wrap the forward spring hanger pin, and the rear of the spring will be a slipper style end that will ride in a rear slipper hanger. To reduce bending stress due to acceleration and braking, the front eye will be a berlin eye that will place the front spring pin in the horizontal plane within the main leaf. A steel encased rubber bushing will be used in the spring eye. The steel encased rubber bushing will be maintenance free and require no lubrication. 0000485 Oil Seals, Rear Axle REAR OIL SEALS Oil seals will be provided on the rear axle(s). 0585004 Tires, Rear, Goodyear, G289 WHA, 315/80R22.50, 20 ply, Single REAR TIRES Rear tires will be four (4) Goodyear 315/80R22.50 radials with 20 ply G289 WHA tread, rated for 36,360 lb maximum axle load and 68 mph maximum speed. 0654750 Wheels, Rear, Alcoa-Accuride, 22.50" x 9.00", Aluminum-Steel, Hub Pilot, Single The outside tires will be mounted on Alcoa© 22.50" x 9.00" polished aluminum disc wheels with a ten (10) stud, 11.25" bolt circle. The inside tires will be mounted on Accuride® 22.50" x 9.00" steel disc wheels with a ten (10) stud, 11.25" bolt circle. 0568081 Tire Balancing, Counteract Beads TIRE BALANCE All tires will be balanced with Counteract balancing beads. The beads will be inserted into the tire and eliminate the need for wheel weights. 0620570 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle TIRE PRESSURE MANAGEMENT There will be a RealWheels LED AirSecure™ tire alert pressure management system provided, that will monitor each tire's pressure. A sensor will be provided on the valve stem of each tire for a total of six (6) tires. The sensor will calibrate to the tire pressure when installed on the valve stem for pressures between 10 and 200 psi. The sensor will activate an integral battery operated LED when the pressure of that tire drops 5 to 8 psi. Removing the cap from the sensor will indicate the functionality of the sensor and battery. If the sensor and battery are in working condition, the LED will immediately start to flash. 0801909 Lug Nut, Covers, Chrome CHROME LUG NUT COVERS Chrome lug nut covers will be supplied on front and rear wheels. 0003245 Axle Hub Covers w/center hole, S/S, Front Axle FRONT HUB COVERS Stainless steel hub covers will be provided on the front axle. An oil level viewing window will be provided. 0003240 Axle Hub Covers, Rear, S/S Baby Moon (Pair) HUB COVERS (rear) Stainless steel baby moon covers will be provided over the rear axle hubs. 0002045 Mud Flap, Front and Rear, Pierce Logo MUD FLAPS Mud flaps with a Pierce logo will be installed behind the front and rear wheels. 0544802 Chocks, Wheel, SAC-44-E, Folding, (Up to 44" Diameter Tires) WHEEL CHOCKS There will be one (1) pair of folding Ziamatic, Model SAC-44-E, aluminum alloy, Quick-Choc wheel blocks, with easy-grip handle provided. 0544806 Mounting Brackets, Chocks, SAC-44- E, Folding, Horizontal Wheel Chock Brackets There will be one (1) pair of Zico, Model SQCH-44-H, horizontal mounting wheel chock brackets provided for the Ziamatic, Model SAC-44-E, folding wheel chocks. The brackets will be made of aluminum and consist of a quick release spring loaded rod to hold the wheel chocks in place. The brackets will be mounted rearward of the right side rear tire. 0010670 ABS Wabco Brake System, Single rear axle ANTI-LOCK BRAKE SYSTEM The vehicle will be equipped with a Meritor WABCO 4S4M, anti-lock braking system. The ABS will provide a 4-channel anti-lock braking control on both the front and rear wheels. A digitally controlled system that utilizes microprocessor technology will control the anti-lock braking system. Each wheel will be monitored by the system. When any particular wheel begins to lockup, a signal will be sent to the control unit. This control unit then will reduce the braking of that wheel for a fraction of a second and then reapply the brake. This anti-lock brake system will eliminate the lockup of any wheel thus helping to prevent the apparatus from skidding out of control. 7780Bid #: 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 BRAKES The service brake system will be full air type. The front brakes will be Knorr/Bendix disc type with a 17.00" ventilated rotor for improved stopping distance. The brake system will be certified, third party inspected, for improved stopping distance. 0803729 Brakes, Meritor, Cam, Rear, 16.50 x 8.63" The rear brakes will be Meritor™ 16.50" x 8.63" cam operated with automatic slack adjusters. Dust shields cannot be provided. 0020784 Air Compressor, Brake, Cummins/Wabco 18.7 CFM BRAKE SYSTEM AIR COMPRESSOR The air compressor will be a Cummins/WABCO with 18.7 cubic feet per minute output. 0000786 Brake Reservoirs, Four BRAKE SYSTEM The brake system will include: Bendix® dual brake treadle valve Heated automatic moisture ejector on air dryer Total air system capacity of 5,198 cubic inches Two (2) air pressure gauges with a red warning light and an audible alarm, that activates when air pressure falls below 60 psi Spring set parking brake system Parking brake operated by a push-pull style control valve A parking "brake on" indicator light on instrument panel Park brake relay/inversion and anti-compounding valve, in conjunction with a double check valve system, with an automatic spring brake application at 40 psi A pressure protection valve to prevent all air operated accessories from drawing air from the air system when the system pressure drops below 80 psi (550 kPa) 1/4 turn drain valve on each air tank The air tank will be primed and painted to meet a minimum 750 hour salt spray test. To reduce the effects of corrosion, the air tank will be mounted with stainless steel brackets. 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 BRAKE SYSTEM AIR DRYER The air dryer will be WABCO System Saver 1200 with spin-on coalescing filter cartridge and 100 watt heater. 0000790 Brake Lines, Nylon BRAKE LINES Color-coded nylon brake lines will be provided. The lines will be wrapped in a heat protective loom in the chassis areas that are subject to excessive heat. 0544415 Inlet/Outlet, Air, w/Disconnect Fitting, Location AIR INLET/OUTLET One (1) air inlet/outlet will be installed with the female coupling located Driver side step well. This system will tie into the "wet" tank of the brake system and include a check valve in the inlet line and an 85 psi pressure protection valve in the outlet line. The air outlet will be controlled by a needle valve. A mating male fitting will be provided with the loose equipment. The air inlet will allow a shoreline air hose to be connected to the vehicle. This will allow station air to be supplied to the brake system of the vehicle to insure constant air pressure. 0012034 Moisture Ejector, Manual, Remote Mounted MANUAL MOISTURE EJECTOR(S) Four (4) manual moisture ejectors will be installed in the brake system. The moisture ejector will be remote mounted on the driver side of vehicle, as close to the edge of vehicle as possible. A loop will be provided at the moisture ejector, to allow for ease of pulling the drain. Each moisture ejector will have a label directly under the ejector, stating air tank drain. Nylon tubing, .38" diameter, will be routed from the air tank to the moisture ejector. The nylon tubing will be covered with protective split loom. The moisture ejector(s) will be provided on the below LS5 compartment reservoir(s). 0615609 Fittings, Compression Type, Entire Apparatus, Single Rear Axle COMPRESSION FITTINGS ONLY Any nylon tube on the apparatus that is pneumatic will be plumbed with compression type fittings where applicable. Push lock fittings will not be acceptable for any pneumatic nylon tube plumbing. 8780Bid #: 0808495 Engine, Cummins X15, 500 hp, 1850 lb-ft, W/OBD, EPA 2027, Velocity ENGINE The chassis will be powered by an electronically controlled engine as described below: Make: Cummins® Model: X15 Power: 512 hp at 1500 rpm Torque: 1850 lb-ft at 950 rpm Governed Speed: 2000 rpm Emissions Level: EPA 2027 Fuel: Diesel Cylinders: Six (6) Displacement: 912 cubic inches (14.9L) Starter: Delco 39MT+™ Fuel Filters: Frame mounted spin-on style primary filter with water separator and water-in-fuel sensor. Engine mounted secondary spin-on style filter. The engine will include On-board diagnostics (OBD), which provides self diagnostic and reporting. The system will give the owner or repair technician access to state of health information for various vehicle sub systems. The system will monitor vehicle systems, engine and after treatment. The system will illuminate a malfunction indicator light on the dash console if a problem is detected. The engine will be filled with FA-4 10W30 oil as required by Cummins. 0811409 Not Required, Engine Contingency Adjustment 0730808 Filters, Remote Mounted, Oil, Fuel, X15, VEL/AXT/Enf REMOTE MOUNTED ENGINE FILTERS The engine fuel and oil filters will be remote mounted for ease of maintenance. 0001244 High Idle w/Electronic Engine, Custom HIGH IDLE A high idle switch will be provided, inside the cab, on the instrument panel, that will automatically maintain a preset engine rpm. A switch will be installed, at the cab instrument panel, for activation/deactivation. The high idle will be operational only when the parking brake is on and the truck transmission is in neutral. A green indicator light will be provided, adjacent to the switch. The light will illuminate when the above conditions are met. The light will be labeled "OK to Engage High Idle." 0687994 Engine Brake, Jacobs Compression Brake, Cummins Engine ENGINE BRAKE A Jacobs® engine brake is to be installed with the controls located on the instrument panel within easy reach of the driver. The driver will be able to turn the engine brake system on/off and have a high, medium and low setting. The engine brake will activate when the system is on and the throttle is released. The high setting of the brake application will activate and work simultaneously with the variable geometry turbo (VGT) provided on the engine. The engine brake will be installed in such a manner that when the engine brake is slowing the vehicle the brake lights are activated. The ABS system will automatically disengage the auxiliary braking device, when required. 0552334 Clutch, Fan, Air Actuated, Horton Drive Master CLUTCH FAN A Horton® fan clutch will be provided. The fan clutch will be automatic when the pump transmission is in "Road" position, and fully engaged in "Pump" position. 0123135 Air Intake, w/Ember separator, Imp/Vel ENGINE AIR INTAKE An air intake with an ember separator (to prevent road dirt, burning embers, and recirculating hot air from entering the engine) will be mounted at the front of the apparatus, on the passenger side of the engine. The ember separator will be mounted in the air intake with flame retardant, roto- molded polyethylene housing. It will be easily accessible by the hinged access panel at the front of the vehicle. 9780Bid #: 0814375 Exhaust System, Horizontal, Right Side EXHAUST SYSTEM The exhaust system will be stainless steel from the turbo to the engine's aftertreatment device. The exhaust system will include an aftertreatment device to meet current EPA standards. An insulation wrap will be provided on all exhaust pipe between the turbo and the aftertreatment device to minimize the transfer of heat to the cab. The exhaust will terminate horizontally ahead of the right side rear wheels and will be be flush with the body rub rail . The exhaust pipes will be aluminized steel. There will be a chrome exhaust diffuser reduced to 5.00" in the center to accommodate the fire department's air recovery system with a curved tip pointed downward on the end provided to reduce the temperature of the exhaust as it exits. Heat deflector shields will be provided to isolate chassis and body components from the heat of the tailpipe diffuser. 0787999 Radiator, Impel/Velocity RADIATOR The radiator and the complete cooling system will meet or exceed NFPA and engine manufacturer cooling system standards. For maximum corrosion resistance and cooling performance, the entire radiator core will be constructed using long life aluminum alloy. The core will be made of aluminum fins, having a serpentine design, brazed to aluminum tubes. The tubes will be brazed to aluminum headers. The radiator core will have a minimum frontal area of 1434 square inches. Supply tank made of glass-reinforced nylon and a return tank of cast aluminum alloy will be crimped on to the core assembly using header tabs and a compression gasket to complete the radiator core assembly. The radiator will be compatible with commercial antifreeze solutions. There will be a full steel frame around the entire radiator core assembly. The radiator core assembly will be isolated within the steel frame by rubber inserts to enhance cooling system durability and reliability. The radiator will be mounted in such a manner as to prevent the development of leaks caused by twisting or straining when the apparatus operates over uneven ground. The radiator assembly will be isolated from the chassis frame rails with rubber isolators. The radiator assembly will include an integral de-aeration tank permanently mounted to the top of the radiator framework, with a readily accessible remote-mounted overflow tank. For visual coolant level inspection, the radiator will have a built-in sight glass. The radiator will be equipped with a 15 psi pressure relief cap. A drain port will be located at the lowest point of the cooling system and/or the bottom of the radiator to permit complete flushing of the coolant from the system. A heavy-duty fan will draw in fresh, cool air through the radiator. Shields or baffles will be provided to prevent recirculation of hot air to the inlet side of the radiator. 0511425 Cooling Hoses, Rubber COOLANT LINES Gates, or Goodyear, rubber hose will be used for all engine coolant lines installed by the chassis manufacturer. Hose clamps will be stainless steel "constant torque type" to prevent coolant leakage. They will react to temperature changes in the cooling system and expand or contract accordingly while maintaining a constant clamping pressure on the hose. 0788718 Radiator Coolant, Peak Final Charge Global OAT, Red RADIATOR COOLANT The radiator will be cooled with PEAK Final Charge® Global extended life coolant with organic acid technology (OAT). The color of the coolant will be red. 0051125 Fuel Tank, 75 Gallon, Left Side Fill, Qtm/AXT/Vel/Imp/DCF/SFR/Enf FUEL TANK A 75 gallon fuel tank will be provided and mounted at the rear of the chassis. The tank will be constructed of 12-gauge, hot rolled steel. It will be equipped with swash partitions and a vent. To eliminate the effects of corrosion, the fuel tank will be mounted with stainless steel straps. A .75" drain plug will be located in a low point of the tank for drainage. A fill inlet will be located on the left hand side of the body and is covered with a hinged, spring loaded, stainless steel door that is marked "Ultra Low Sulfur - Diesel Fuel Only." The fuel door will be polished stainless steel A .50" diameter vent will be installed from tank top to just below fuel fill inlet. The fuel tank will meet all FHWA 393.67 requirements including a fill capacity of 95 percent of tank volume. 0001129 Lines, Fuel All fuel lines will be provided as recommended by the engine manufacturer. 0582182 DEF Tank, 4.5 Gallon, DS Fill, Rear of Rear Axle, Common Door DIESEL EXHAUST FLUID TANK A 4.5 gallon diesel exhaust fluid (DEF) tank will be provided and mounted in the driver's side body rearward of the rear axle. A 0.50" drain plug will be provided in a low point of the tank for drainage. A fill inlet will be provided and marked "Diesel Exhaust Fluid Only". The fill inlet will be located adjacent to the engine fuel inlet behind a common hinged, spring loaded, polished stainless steel door on the driver side of the vehicle. The tank will meet the engine manufacturers requirement for 10 percent expansion space in the event of tank freezing. The tank will include an integrated heater unit that utilizes engine coolant to thaw the DEF in the event of freezing. 10780Bid #: 0723716 Fuel Priming Pump, Electronic, Automatic, Cummins, No Swt Req'd FUEL PRIMING PUMP A Cummins automatic electronic fuel priming pump will be integrated as part of the engine. 0582243 Shutoff Valves, Fuel Line @ Primary Filter, Cummins FUEL SHUTOFF A fuel line shutoff valve will be installed on both the inlet and outlet of the primary fuel filter. 0553019 Cooler, Engine Fuel, Imp/Vel, AXT/Qtm/Sab/DCF/SFR/Enf FUEL COOLER An air to fuel cooler will be installed in the engine fuel return line. 0698720 Fuel Cap Retaining Chain With Holder The fuel filler cap will have a retaining chain and holder provided on the fuel fill door. 0578959 Fuel/Water Separator, Racor Inline FUEL SEPARATOR The engine will be equipped with a Racor in-line spin-on fuel and water separator in addition to the engine fuel filters. 0887546 Trans, Allison 6th Gen, 4000 EVS P, w/Prognostics, Imp/Vel/SFR/Enf TRANSMISSION An Allison 6th generation, Model EVS 4000P, electronic, torque converting, automatic transmission will be provided. The transmission will be equipped with prognostics to monitor oil life, filter life, and transmission health. A wrench icon on the shift selector's digital display will indicate when service is due. Two (2) PTO openings will be located on left side and top of converter housing (positions 8 o'clock and 1 o'clock). A transmission temperature gauge with an amber light and buzzer will be installed on the cab instrument panel. 0625331 Transmission, Shifter, 6-Spd, Push Button, 4000 EVS TRANSMISSION SHIFTER A six (6)-speed push button shift module will be mounted to right of driver on console. Shift position indicator will be indirectly lit for after dark operation. The transmission ratio will be: 1st 3.51 to 1.00 2nd 1.91 to 1.00 3rd 1.43 to 1.00 4th 1.00 to 1.00 5th 0.75 to 1.00 6th 0.64 to 1.00 R 4.80 to 1.00 0684459 Transmission Oil Cooler, Modine, External TRANSMISSION COOLER A Modine plate and fin transmission oil cooler will be provided using engine coolant to control the transmission oil temperature. 0522824 Mode, Downshift, Aggressive downshift to 3rd, w/engine brake, 6 speed DOWNSHIFT MODE (w/engine brake) The transmission will be provided with an aggressive downshift mode. This will provide earlier transmission downshifts to 3rd gear from 6th gear, resulting in improved engine braking performance. 0801876 Fluid, 4000 Series Trans, Allison Approved TES-668 Synthetic, IPOS, Custom TRANSMISSION FLUID The transmission will be provided with TranSynd, or other Allison approved TES-668 heavy duty synthetic transmission fluid. 0001375 Driveline, Spicer 1810 DRIVELINE Drivelines will be a heavy-duty metal tube and be equipped with Spicer® 1810 universal joints. The shafts will be dynamically balanced before installation. A splined slip joint will be provided in each driveshaft where the driveline design requires it. The slip joint will be coated with Glidecoat® or equivalent. 11780Bid #: 0669988 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler STEERING Dual Sheppard, Model M110, steering gears, with integral heavy-duty power steering, will be provided. For reduced system temperatures, the power steering will incorporate an air to oil cooler and an Eaton, Model VN20, hydraulic pump with integral pressure and flow control. All power steering lines will have wire braded lines with crimped fittings. A tilt and telescopic steering column will be provided to improve fit for a broader range of driver configurations. 0001544 Not Required, Steering Assist Cylinder on Front Axle 0509230 Steering Wheel, 4 Spoke without Controls STEERING WHEEL The steering wheel will be 18.00" in diameter, have tilting and telescoping capabilities, and a 4- spoke design. 0690274 Logo/Emblem, on Dash LOGO AND CUSTOMER DESIGNATION ON DASH The dash panel will have an emblem containing the Pierce logo and customer name. The emblem will have three (3) rows of text for the customer's department name. There will be a maximum of eight (8) characters in the first row, 11 characters in the second row and 11 characters in the third row. The first row of text will be: Clearwater The second row of text will be: Fire The third row of text will be: Rescue 0622948 Winch, Warn, Zeon 10-S Kit, 10,000 lb. Portable, Synthetic, Polished Fairlead WINCH A Warn, Model ZEON 10-S multi-mount, 10,000 lb portable 12V electric winch will be provided. The winch will mount to the vehicle receiver hitch and be held in place with a locking hardened pin. A heavy gauge wire and electrical plug will be provided for quick connection to the vehicle electrical system. The winch will be provided with 100' of 0.375" synthetic rope cable with a replaceable clevis hook. An accessory remote control cable, a minimum of 25' or longer, will be supplied. A label will be placed on or near the receiver that states the maximum winch load rating and the maximum rope load rating that the receiver can support. 0600986 Bumper, 26" Extended, Under Slung, Painted, Xlays/Trays,12" H, Imp/Vel BUMPER The bumper will be manufactured from .25" formed steel with a .38" bend radius. The bumper will be 12.00" high with a 1.50" top and bottom flange. The bumper will be one piece with a front face of the bumper to be 81.00" with 9.00" 45 degree corners with side plates extending back 22.00". The bumper will be metal finished and painted to match the apparatus. The bumper will be extended 26.00" from front face of cab. The bumper extension frame will be fabricated using .38" gussets welded to 2.00" x 5.00" steel tubing running front to back with .50" front and rear plates mounted to the chassis frame. Fabricated "U" shaped channel supports the weight of the bumper and provides the main strength in frontal crash. .25" steel is formed into "C" shaped backing plates for mounting of the bumper and providing protection to the cab. The bumper extension's cross section is considered expendable, and a crush zone. The bumper is not intended for pushing other vehicles or objects. Tow hooks/eyes located under the bumper extension are for straight pull only. GRAVEL PAN A gravel pan, constructed of bright aluminum treadplate, will be furnished between the bumper and cab face. The gravel pan will be properly supported from the underside to prevent flexing and vibration of the aluminum treadplate. 0510226 Lift & Tow Package, Imp/Vel, AXT, Dash CF LIFT AND TOW MOUNTS Mounted to the frame extension will be lift and tow mounts. The lift and tow mounts will be designed and positioned to adapt to certain tow truck lift systems. The lift and tow mounts with eyes will be painted the same color as the frame. 0002270 Tow Hooks, Chrome TOW HOOKS Two (2) chromed steel tow hooks will be installed under the bumper and attached to the front frame members. The tow hooks will be designed and positioned to allow up to a 6,000 lb straight horizontal pull in line with the centerline of the vehicle. The tow hooks will not be used for lifting of the apparatus. 12780Bid #: 0651079 Tray, 3/4 Width, 26" Bumper, Under Slung Design, 12" H Bumper, Imp/Vel BUMPER TRAY An approximately 3/4 width bumper tray, constructed of smooth aluminum, will be located in the under slung bumper extension. The tray will be a bolted modular design, 9.25" deep. The tray will have capacity for Winch on DS, struts in remainder (need 45" in length for struts) . Black rubber grating will be provided at the bottom of the tray. Drain holes are also provided. GRAVEL PAN A gravel pan, constructed of bright aluminum treadplate, will be furnished between the bumper and cab face. The gravel pan will be properly supported from the underside to prevent flexing and vibration of the aluminum treadplate. 0760901 SP Receiver, Portable Winch, Flush w/ Front Bumper, 10K Pull, w/Power PORTABLE WINCH RECEIVER A portable winch receiver will be installed flush with the front bumper of the apparatus. The winch receiver will be constructed of heavy steel tubing and reinforced to the bumper extension framework for the receiving portion. The winch receiver will be a class IV receiver. Winch power will be provided at location. 0737250 SP Cover, 5" Raised Alum Treadplate, 3/4 Width Over Bumper, Q2B Clearance 3/4 WIDTH COVER A bright aluminum treadplate cover will be provided over the entire top of the bumper tray. The cover will be raised approximately 5.00" above the gravel pan. The cover will provide adequate room for a front bumper mounted mechanical siren. The cover will be attached with a stainless steel hinge. Two (2) two (2) butterfly latches on the front latches will secure the cover in the closed position and two (2) gas springs will hold the cover in the open position. A chrome grab handle will be provided on center on top of the cover to assist in lifting the cover. 0679393 Flap, Vinyl Protective, Front Bumper/Equipment Tray PROTECTIVE FLAP A black vinyl protective flap will be provided across the front of the hydraulic equipment tray . The flap will be 12.00" long, stored inside the tray. When needed the flap will be dropped over the front of the bumper for protection. The flap will be fastened by stainless steel fasteners. 0659662 Light, Amdor, AY-9220-72, 72" LED Strip Light, Front Bumper Cover STRIP LIGHT UNDER BUMPER COVER There will be one (1) Amdor Model AY-9220-072, 72.00" 12 volt DC LED strip light provided on the inside of the front bumper cover. The light will be activated when the battery switch is on and the bumper tray cover is opened. 0698960 Coating, Top Flange, Front Bumper, Outside Exterior, UL-LX Coating, Black FRONT BUMPER UL-LX COATING Protective black UL-LX® coating will be provided on the outside exterior of the top front bumper flange. It will not be sprayed on the underside of the flange. The lining will be properly installed by an authorized UL-LX dealer. 13780Bid #: 0647227 Cab, Velocity FR, 8420 Raised Roof CAB The Velocity cab will be designed specifically for the fire service and will be manufactured by Pierce Manufacturing. To provide quality at the source and single source customer support, the cab will be built by the apparatus manufacturer in a facility located on the manufacturer's premises. For reasons of structural integrity and enhanced occupant protection, the cab will be of heavy duty design, constructed to the following minimal standards. The cab will have 12 main vertical structural members located in the A-pillar (front cab corner posts), B-pillar (side center posts), C-pillar (rear corner posts) and rear wall areas. The A-pillar will be constructed of 0.25" heavy wall extrusions joined by a solid A356-T6 aluminum joint casting. The B-pillar and C-pillar will also be constructed from 0.25" heavy wall extrusions. The rear wall will be constructed of two (2) 4.00" x 2.00" outer aluminum extrusions and two (2) 3.00" x 2.00" inner aluminum extrusions. All main vertical structural members will run from the floor to 7.50" x 3.50" x 0.125" thick roof extrusions to provide a cage-like structure with the A-pillar and roof extrusions being welded into a 0.75" thick corner casting at each of the front corners of the roof assembly. The front of the cab will be constructed of a 0.25" thick firewall, covered with a 0.125" front skin (for a total thickness of 0.38"), and reinforced with 24.50" wide x 10.00" deep x 0.50" thick supports on each side of the engine tunnel. The cross-cab support will be welded to the A-pillar, 0.25" firewall, and engine tunnel, on the left and right sides. The cab floors will be constructed of 0.1875" thick aluminum plate and reinforced at the firewall with an additional 0.25" thick cross-floor support providing a total thickness of 0.44" of structural material at the front floor area. The front floor area will also be supported with three (3) 0.50" plates bolted together that also provides the mounting point for the cab lift. This tubing will run from the front of the cab to the 0.1875" thick engine tunnel, creating the structure to support the forces created when lifting the cab. The cab will be a full-tilt style. A 3-point cab mount system with rubber isolators will improve ride quality by isolating chassis vibrations from the cab. The crew cab will be a totally enclosed design with the interior area completely open to improve visibility and verbal communication between the occupants. The forward cab section will have an overall height (from the cab roof to the ground) of approximately 102.00". The crew cab section will have a 20.00" raised roof, with an overall cab height of approximately 122.00". The raised portion will start at the most forward point of the B- pillar and continue rearward to the back of the cab. The overall height listed will be calculated based on a truck configuration with the lowest suspension weight ratings, the smallest diameter tires for the suspension, no water weight, no loose equipment weight, and no personnel weight. Larger tires, wheels, and suspension will increase the overall height listed. The cab will have an interior width of not less than 93.50". The driver and passenger seating positions will have a minimum 24.00" clear width at knee level. To reduce injuries to occupants in the seated positions, proper head clearance will be provided. The floor-to-ceiling height inside the forward cab of will be no less than 60.25". The floor-to-ceiling height inside the crew cab will be no less than 72.95" in the center position and 78.75" in the outboard positions. The crew cab will measure a minimum of 71.50" from the rear wall to the backside of the engine tunnel (knee level) for optimal occupant legroom. INTERIOR CAB INSULATION The cab walls, ceiling and engine tunnel will be insulated in all strategic locations to maximize acoustic absorption and thermal insulation. The cab will be insulated with 2.00" insulation in the rear wall, 3.00" insulation in the side walls, and 1.50" insulation in the ceiling. FENDER LINERS Full-circular, aluminum inner fender liners in the wheel wells will be provided. PANORAMIC WINDSHIELD A one (1)-piece, safety glass windshield with more than 2,802 square inches of clear viewing area will be provided. The windshield will be full width and will provide the occupants with a panoramic view. The windshield will consist of three (3) layers: the outer light, the middle safety laminate, and the inner light. The 0.114" thick outer light layer will provide superior chip resistance. The middle safety laminate layer will prevent the windshield glass pieces from detaching in the event of breakage. The inner light will provide yet another chip resistant layer. The cab windshield will be bonded to the aluminum windshield frame using a urethane adhesive. A custom frit pattern will be applied on the outside perimeter of the windshield for a finished automotive appearance. WINDSHIELD WIPERS Three (3) electric windshield wipers with a washer, in conformance with FMVSS and SAE requirements, will be provided. The wiper blades will be 21.65" long and together will clear a minimum of 1,783 square inches of the windshield for maximum visibility in inclement weather. The windshield washer fluid reservoir will be located at the front of the vehicle and be accessible through the access hood for simple maintenance. FAST SERVICE ACCESS FRONT TILT HOOD A full-width access hood will be provided for convenient access to engine coolant, steering fluid, wiper fluid, cab lift controls, headlight power modules, and ember separator. The hood will also provide complete access to the windshield wiper motor and components. The hood will be contoured to provide a sleek, automotive appearance. The hood will be constructed of two (2) fiberglass panels bonded together and will include reinforcing ribs for structural integrity. The hood will include air cylinders to hold the hood in open and closed positions, and a heavy duty latch system that will meet FMVSS 113 (Hood Latch System). The spring-loaded hood latch will be located at the center of the hood with a double-action release lever located behind the Pierce logo. The two (2)-step release requires the lever first be pulled to the driver side until the hood releases from the first latch (primary latch) then to the passenger side to fully release the hood (secondary latch). 14780Bid #: 0601652 Engine Tunnel, X12-15, MX13, Spray Insulation, Velocity FR ENGINE TUNNEL To provide structural strength, the engine tunnel sidewalls will be constructed of 0.50" aluminum plate that is welded to both the 0.25" firewall and .38" heavy wall extrusion under the crew cab floor. To maximize occupant space, the top edges will be tapered. The back of the engine tunnel will be no higher than 17.50" off the crew cab floor. The engine tunnel will be insulated on both sides for thermal and acoustic absorption. The underside of the tunnel will be sprayed with insulation. The insulation will keep noise (dBA) levels at or lower than the specifications in the current edition of applicable NFPA standards. 0677478 Rear Wall, Exterior, Cab, Aluminum Treadplate CAB REAR WALL EXTERIOR COVERING The exterior surface of the rear wall of the cab will be overlaid with bright aluminum treadplate except for areas that are not typically visible when the cab is lowered. 0122465 Cab Lift, Elec/Hyd, Imp/Vel CAB LIFT A hydraulic cab lift system will be provided, consisting of an electric-powered hydraulic pump, fluid reservoir, dual lift cylinders, remote cab lift controls and all necessary hoses and valves. The cab lift controls will be located at the driver side front of the cab, easily accessible under the full width front access hood. The controls will include a permanently mounted raise/lower switch. For enhanced visibility during cab tilt operations, a remote control tether with on/off switch will be supplied on a coiled cord that will extend from 2.00' (coiled) to 6.00' (extended). The cab will be capable of tilting 42 degrees and 80 degrees with crane assist to accommodate engine maintenance and removal. The cab pivots will be located 46.00" apart to provide stability while tilting the cab. The rear of the cab will be locked down by a two (2)-point, automatic, hydraulic, double hook mechanism that fully engages after the cab has been lowered (self-locking). The dual 2.25" diameter hydraulic cylinders will be equipped with a velocity fuse that protects the cab from accidentally descending when the cab is in the tilt position. For increased safety, a redundant mechanical stay arm will be provided that must be manually put in place on the driver side between the chassis and cab frame when cab is in the raised position. This device will be manually stowed to its original position before the cab can be lowered. Cab Lift Interlock The cab lift safety system will be interlocked to the parking brake. The cab tilt mechanism will be active only when the parking brake is set and the ignition switch is in the on position. If the parking brake is released, the cab tilt mechanism will be disabled. 0123176 Grille, Bright Finished, Front of Cab, Velocity GRILLE A bright finished aluminum mesh grille screen, inserted behind a formed bright finished grille surround, will be provided on the front center of the cab, and will serve as an air intake to the radiator. 0752555 Scuffplate, S/S, Striker Side, Cabinet Door(s), Each DOOR FRAME SCUFFPLATE There will be two (2)polished stainless steel scuffplate(s) provided for the latch side of the door frame located DS and PS EMS compartment exterior access doors. Each scuffplate will be stainless steel with a .38" lip down. 0002224 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab DOOR JAMB SCUFFPLATES All cab door jambs will be furnished with a 1.00" polished stainless steel scuffplate, mounted on the striker side of the jamb. 0527032 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity FRONT CAB TRIM A band of 22 gauge polished stainless steel trim will be installed across the front of the cab, from door hinge to door hinge. The trim band will be centered on the head lights and applied with two (2)-sided tape. A 0.625" self adhesive trim strip will be applied around the perimeter of the trim band. There will be no covers provided over the painted cab corner where the cab turn signals are located. 0015440 No Chrome Molding, On side of cab 15780Bid #: 0559131 Mirrors, Forward Mtd, Remote, Pierce One-Eleven, LED Turn Signal MIRRORS For enhanced visibility, safety and overall aesthetics, a forward positioned One-Eleven custom mirror will be mounted on each side of the front cab roof corner. Both front cab roof corners will be reinforced with an aluminum casting at the mounting location, providing maximum stability for the mirror arm and head assembly. The mirror arm substructure will extend forward and outward of the cab, and be constructed out of 4.00" diameter 0.25" wall aluminum tubing. For reduced service costs, the mirror will include a dual breakaway design, controlled by a rotational detent mechanism. In the event of an impact, the mirror arm will breakaway to either the inboard or the outboard position. The One-Eleven mirror head, and injection molded arm cover, will offer a sleek aerodynamic styling with overall width of 115.80" (reduces vehicle width by 7.00" when compared to door mount bus style mirrors). The arm cover finish will be chrome. The mirror head finish will be chrome. The mirror head and arm will provide a seamless appearance, and include a black painted metal cover plate on the underside of the arm to reduce glare. For maximum visibility and safety, a flat mirror section will be provided that measures 83 square inches in reflective area. There will also be an integral convex mirror section that will measure 27 square inches in reflective area. The flat glass and convex section in each mirror will be adjustable with remote controls that are located within easy reach of the driver. A turn signal indicator will be provided in each One-Eleven mirror. The turn signal indicators will consist of five (5) LED lights in the shape of an arrow. The LED lights will be mounted with the lights directed to the side of the vehicle, to direct light intensity at traffic behind, and alongside the vehicle. The light will be activated with the directional or the hazard lights. 0667921 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof CAB DOORS The forward cab and crew cab doors will be the half-height style door. To enhance entry and egress to the cab, the forward cab doors will be a minimum of 43.59" wide x 64.71" high. The crew cab doors will measure a minimum of 37.87" wide x 73.75" high. The forward cab and crew cab doors will be constructed of extruded aluminum with a nominal material thickness of 0.125". The exterior door skins will be constructed from 0.090" aluminum. The forward cab door windows will include a 7.50" high x 10.00" wide drop area at the front to enhance visibility. A customized, vertical, pull-down type door handle will be provided on the exterior of each cab door. The finish of the door handle will be chrome/black. The exterior handle will be designed specifically for the fire service to prevent accidental activation, and will provide 4.00" wide x 2.00" deep hand clearance for ease of use with heavy gloved hands. Each door will also be provided with an interior flush, open style paddle handle that will be readily operable from fore and aft positions, and be designed to prevent accidental activation. The interior handles will provide 4.00" wide x 1.25" deep hand clearance for ease of use with heavy gloved hands. The cab doors will be provided with both interior (rotary knob) and exterior (keyed) locks exceeding FMVSS standards. The keys will be Model 751. The locks will be capable of activating when the doors are open or closed. The doors will remain locked if locks are activated when the doors are opened, then closed. A full length, heavy duty, stainless steel, piano-type hinge with a 0.38" pin and 11 gauge leaf will be provided on all cab doors. There will be double automotive-type rubber seals around the perimeter of the door framing and door edges to ensure a weather-tight fit. A chrome grab handle will be provided on the inside of each cab and crew cab door. A red webbed grab handle will be installed on the crew cab door stop strap. The grab handles will be securely mounted. The cab steps at each cab door location will be located below the cab doors and will be exposed to the exterior of the cab. 0655511 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab Door Panels The inner cab door panels will be constructed out of brushed stainless steel. The cab door panels will be removable. 0667905 Storage Pockets w/ Elastic Cover, Recessed, Overhead, Impel/Velocity FR RECESSED POCKET WITH ELASTIC COVER To provide organized storage (clutter control) in the cab for miscellaneous equipment, the cab interior will be provided with recessed storage pockets. The pockets will be 5.63" wide x 2.00" high x 4.00" deep. The pockets will be provided with a perforated elastic material cover to secure the equipment in the pocket. The pockets will be installed in all available mounting locations of the overhead console. 0667902 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR ELECTRIC WINDOW CONTROLS Each cab entry door will be equipped with an electrically operated tempered glass window. A window control panel will be located on the door panel within easy reach of the respective occupant. Each switch will allow intermittent or auto down operation for ease of use. Auto down operation will be actuated by holding the window down switch for approximately 1 second. The driver control panel will contain a control switch for each cab door's window. All other door control panels will contain a single switch to operate the window within that door. The window switches will be connected directly to the battery power. This allows the windows to be raised and lowered when the battery switch is in the off position. 16780Bid #: 0606691 Steps, 4-Door Cab, Dual, 2" Larger Middle and Bottom Steps, Imp/Vel DUAL STEPS A dual step will be provided below each cab and crew cab door. The steps will be designed with a grip pattern punched into bright aluminum treadplate material providing support, slip resistance, and drainage. The steps will be a bolt-on design and provide a 24.00" wide x 9.00" deep stepping surface. The step design raises the middle step higher and closer to the cab floor, resulting in a 12.00" distance from the step to cab floor in the cab and a 13.50" distance from the step to cab floor in the crew cab. Stepping distances from the ground to first step will be 16.50" and from first step to middle step will be 12.00". The first step will be lit by a white 12 volt DC LED light provided on the step. 0770200 Handrail, Exterior, Hansen, Knurled, Alum, LED Backlit, 4-Door Cab CAB EXTERIOR HANDRAILS A Hansen knurled aluminum handrail will be provided adjacent to each cab and crew cab door opening to assist during cab ingress and egress. Each handrail will be provided with red LED lights. The lights will be activated with a separate switch in the cab and when the parking brake is applied. The LED lights may be load managed. 0892637 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 1Lt Per Step STEP LIGHTS There will be four (4) white P25 LED step lights provided. The lights will be installed at each cab and crew cab door, one (1) per step. The lights will be located in the driver side front doorstep, driver side crew cab doorstep, passenger side front doorstep and passenger side crew cab doorstep. In order to ensure exceptional illumination, each light will provide a minimum of 25 foot-candles (fc) covering an entire 15.00" x 15.00" square placed 10.00" below the light and a minimum of 1.5 fc covering an entire 30.00" x 30.00" square at the same 10.00" distance below the light. The light(s) will have a chrome housing. The lights will be activated when the adjacent door is opened. 0002140 Fenders, S/S on Cab FENDER CROWNS Stainless steel fender crowns will be installed at the cab wheel openings. 0199245 Window, Side of C/C, Fixed, 84"/104" Vel/Imp CREW CAB WINDOWS One (1) fixed window with tinted glass will be provided on each side of the cab, to the rear of the front cab door. The windows will be sized to enhance light penetration into the cab interior. The windows will measure 20.00" wide x 20.50" high. One (1) fixed window with tinted glass will be provided on each side of the cab, to the rear of the crew cab door. 0552934 Trim, Cab Side Windows, 84" Velocity WINDOWS INTERIOR TRIM For improved aesthetics, the cab side windows will include a vacuum formed ABS interior trim panel. 0012090 Not Required, Windows, Front/Side of raised roof 0530327 Window, Rear Side of CC, Upper, Fixed, 20" Raised Roof UPPER REAR WINDOWS ON SIDES OF CREW CAB Two (2) windows will be provided above the crew cab door, along the sides of the raised roof section of the cab, one (1) on each side of the cab. The profile of the glass will match the painted metal side sheet opening, creating a uniform threshold appearance. The windows will be bonded to the vehicle using urethane adhesive. The visibility through each window will measure 35.25" wide x 7.12" high. The windows will be tinted a privacy, dark gray automotive tint. 0509286 Not Required, Windows Rear of Crew Cab, Imp/Vel 0558334 Not Required, Trim, Cab Rear Windows, No Rear Windows 0731588 SP Compt, Storage, 23.50 W x 19.25 H x 20 D, (1) Ea Side C/C, Dbl Pan, 84" Imp/Vel EXTERIOR STORAGE COMPARTMENT Provided on each side of the cab below the floor, to the rear of the crew cab access doors, will be a storage compartment. The compartments will be 23.50" wide x 19.25" high x 20.00" deep. There will be two (2) double pan doors painted to match the cab exterior with a locking D-Ring latch with #751 key, one (1) on each side of the cab. A web strap for each exterior door will be used as a door stop. The compartment interior will be painted 909017, Nightspots. Compartment Light There will be two (2) white LED strip lights provided, one (1) each striker side of compartment door openings. The lights will be controlled by an automatic door switch. 0814268 SP Fasteners, S/S, Rain Drip, IATS FASTENERS 10/24" stainless steel fasteners will be provided, in addition to the tape adhesive, to secure the rain drip rail to the sides of the cab. 17780Bid #: 0123686 Drip Rail, Cab Roof, Impel/Velocity/Velocity SLT CAB ROOF DRIP RAIL For enhanced protection from inclement weather, a drip rail will be furnished on the sides of the cab. The drip rail will be constructed of bright polished extruded aluminum, and be bonded to the sides of the cab. The drip rail will extend the full length of the cab roof. 0773956 SP Work Surface, 3/16" Alum, Full Engine Tunnel, Upper 36.5, Lower Lip, Vel/Imp FR WORK SURFACE There will be a work surface provided on the engine tunnel. The work surface will be cover the entire engine tunnel and will be constructed of .19" aluminum to allow the mounting of equipment. The work surface will be 35.50" wide x 54.75" long, with a cutout for the driver side instrument panel. The work surface will start to the rear of the center instrument panel and continue horizontally to the flat portion at the rear of the engine tunnel. The work surface will drop to the lower flat portion of the engine tunnel and finish at the end of the engine tunnel. The upper portion will be 36.50" long and extend over the drop to the lower portion. The lower portion of the work surface will be provided with a 2.00" lip on three (3) sides. The work surface will be painted to match the cab interior. 0748671 Cab Interior, Vinyl, Velocity FR, CARE CAB INTERIOR With safety as the primary objective, the wrap-around style cab instrument panel will be designed with unobstructed visibility to instrumentation. The dash layout will provide the driver with a quick reference to gauges that allows more time to focus on the road. The center console will be a high impact ABS polymer and will be easily removable. The passenger side dashboard will be constructed of painted aluminum for durability and low maintenance. For enhanced versatility, the passenger side dash will include a flat working surface. To provide optional (service friendly) control panels, switches and storage modules, a painted aluminum overhead console will also be provided. To complete the cab front interior design, painted aluminum modesty panels will be provided under the dash on both sides of the cab. The driver side modesty panel will provide mounting for the battery switch and diagnostic connectors, while the passenger side modesty panel provides a glove box, and ground access to the main electrical distribution panel via quick quarter turn fasteners. To provide a deluxe automotive interior, the engine tunnel, side walls and rear wall will be covered by a leather grain vinyl that is resistant to oil, grease, and mildew. The headliner will be installed in both forward and rear cab sections. The headliner panel will be a composition of an aluminum panel covered with a sound barrier and upholstery. The cab structure will include designated raceways for electrical harness routing from the front of the cab to the rear upper portion of the cab. Raceways will be extruded in the forward door frame, floor, walls and overhead in the area where the walls meet the ceiling. The raceways located in the floor will be covered by aluminum extrusion, while the vertical and overhead raceways will be covered by painted aluminum covers. The raceways will improve harness integrity by providing a continuous harness path that eliminates wire chafing and abrasion associated with exposed wiring or routing through drilled metal holes. Harnesses will be laid in place. CAB INTERIOR UPHOLSTERY The cab interior upholstery will be 36 oz black vinyl. All cab interior materials will meet FMVSS 302 (flammability of interior materials). 0667943 Cab Interior, Paint Color, Impel/Velocity FR CAB INTERIOR PAINT The following metal surfaces will be painted black, vinyl textured paint: Modesty panel in front of driver Vertical surface of dash in front of the officer (not applicable for recessed dash) Glove box in front of the officer (if applicable) Power distribution in front of the officer Rear heater vent panels The remaining cab interior metal surfaces will be painted black, vinyl texture paint. 0509532 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF CAB FLOOR The cab and crew cab floor areas will be covered with Polydamp™ acoustical floor mat consisting of a black pyramid rubber facing and closed cell foam decoupler. The top surface of the material has a series of raised pyramid shapes evenly spaced, which offer a superior grip surface. Additionally, the material has a 0.25" thick closed cell foam (no water absorption) which offers a sound dampening material for reducing sound levels. 18780Bid #: 0741239 HVAC, Impel/Velocity FR, CARE DEFROST/AIR CONDITIONING SYSTEM A ceiling mounted combination heater, defroster and air conditioning system will be installed in the cab above the engine tunnel area. Cab Defroster A 54,000 BTU heater-defroster unit with 690 SCFM of air flow will be provided inside the cab. The heater-defrost will be installed in the forward portion of the cab ceiling. Air outlets will be strategically located in the cab header extrusion per the following: One (1) adjustable will be directed towards the left side cab window One (1) adjustable will be directed towards the right side cab window Six (6) fixed outlets will be directed at the windshield The defroster will be capable of clearing 98 percent of the windshield and side glass when tested under conditions where the cab has been cold soaked at 0 degrees Fahrenheit for 10 hours, and a 2 ounce per square inch layer of frost/ice has been able to build up on the exterior windshield. The defroster system will meet or exceed SAE J382 requirements. Cab/Crew Auxiliary Heater There will be no auxiliary heater provided in the rear facing seat risers. Air Conditioning A 19.10 cubic inch compressor will be installed on the engine. A roof-mounted condenser with a 78,000 BTU output at 2,400 SCFM that meets and exceeds the performance specification will be installed on the cab roof. The condenser cover to be painted #10 white. The air conditioning system will be capable of cooling the average cab temperature from 100 degrees Fahrenheit to 75 degrees Fahrenheit at 50 percent relative humidity within 30 minutes. The cooling performance test will be run only after the cab has been heat soaked at 100 degrees Fahrenheit for a minimum of 4 hours. The evaporator unit will be installed in the rear portion of the cab ceiling over the engine tunnel. The evaporator will include one (1) high performance heating core, one (1) high performance cooling core with (1) plenum directed to the front and one (1) plenum directed to the rear of the cab. The evaporator unit will have a 52,000 BTU at 690 SCFM rating that meets and exceeds the performance specifications. Adjustable air outlets will be strategically located on the forward plenum cover per the following: Four (4) will be directed towards the seating position on the left side of the cab Four (4) will be directed towards the seating position on the right side of the cab Adjustable air outlets will be strategically located on the evaporator cover per the following: Five (5) will be directed towards crew cab area A high efficiency particulate air (HEPA) filter will be included for the system. Access to the filter cover will be hinged with two (2) thumb latches. The air conditioner refrigerant will be R-134A and will be installed by a certified technician. Climate Control An automotive style controller will be provided to control the heat and air conditioning system within the cab. The controller will have three (3) functional knobs for fan speed, temperature, and air flow distribution (front to rear) control. The system will control the temperature of the cab and crew cab automatically by pushing the center of the fan speed control knob. Rotate the center temperature control knob to set the cab and crew cab temperature. The AC system will be manually activated by pushing the center of the temperature control knob. Pushing the center of the air flow distribution knob will engage the AC for max defrost, setting the fan speeds to 100 percent and directing all air flow to the overhead forward position. Gravity Drain Tubes Two (2) condensate drain tubes will be provided for the air conditioning evaporator. The drip pan will have two (2) drain tubes plumbed separately to allow for the condensate to exit the drip pan. No pumps will be provided. The drain tubes will terminate under the cab, on the inboard side of the front wheelwells. 0639675 Sun Visor, Smoked Lexan, AXT, Imp/Vel, Saber FR/Enforcer SUN VISORS Two (2) smoked Lexan™ sun visors will be provided. The sun visors will be located above the windshield with one (1) mounted on each side of the cab. There will be no retention bracket provided to help secure each sun visor in the stowed position. 0567443 Grab Handles, DS & PS Door Post & Passenger Dash panel, Imp/Vel GRAB HANDLE A black rubber covered grab handle will be mounted on the door post of the driver side cab and passenger door to assist in entering the cab. The grab handle will be securely mounted to the post area between the door and windshield. A long rubber grab handle will be mounted on the dash board in front of the officer. 0583938 Lights, Engine Compt, Custom, Auto Sw, Wln 3SC0CDCR, 3" LED, Trim ENGINE COMPARTMENT LIGHTS There will be one (1) Whelen, Model 3SC0CDCR, 12 volt DC, 3.00" white LED light(s) with Whelen, Model 3FLANGEC, chrome flange kit(s) installed under the cab to be used as engine compartment illumination. These light(s) will be activated automatically when the cab is raised. 0122516 Fluid Check Access, Imp/Vel ACCESS TO ENGINE DIPSTICKS For access to the engine oil and transmission fluid dipsticks, there will be a door on the engine tunnel, inside the crew cab. The door will be on the rear wall of the engine tunnel, on the vertical surface. The door will be flush with the wall of the engine tunnel. The engine oil dipstick will allow for checking only. The transmission dipstick will allow for both checking and filling. An additional port will be provided for filling the engine oil. The door will have a rubber seal for thermal and acoustic insulation. One (1) Southco C2 black powder coated raised trigger latch will be provided on the access door. 19780Bid #: 0583040 Frontal Impact Protection FRONTAL IMPACT PROTECTION The cab will be provided with a frontal impact protection system and will include the following: A supplemental restraint system (SRS) sensor will be installed on a structural cab member behind the instrument panel. The SRS sensor will perform real time diagnostics of all critical subsystems and will record sensory inputs immediately before and during a frontal impact event. A fault-indicating light will be provided on the vehicle's instrument panel allowing the driver to monitor the operational status of the SRS system. A driver side front air bag will be mounted in the steering wheel and will be designed to protect the head and upper torso of the occupant, when used in combination with the three (3)-point seat belt. A passenger side knee bolster air bag will be mounted in the modesty panel below the dash panel and will be designed to protect the legs of the occupant, when used in combination with the three (3)-point seat belt. Driver and front passenger suspension seats will be provided with devices to retract them to the lowest travel position during a frontal impact event. Driver and front passenger seat belts will be provided with pre-tensioners to remove slack from the seat belt during frontal impact event. The SRS system will provide protection during a frontal or oblique impact event. The system will activate when the vehicle decelerates at a predetermined G force known to cause injury to the occupants. The cab and chassis will have been subjected, via third party test facility, to a crash impact during frontal and oblique impact testing. Testing included all major chassis and cab components such as mounting straps for fuel and air tanks, suspension mounts, front suspension components, rear suspensions components, frame rail cross members, engine and transmission and their mounts, pump house and mounts, frame extensions and body mounts. The testing provided configuration specific information used to optimize the timing for firing the safety restraint system. The sensor will activate the pyrotechnic devices when the correct crash algorithm, wave form, is detected. The SRS system will deploy the following components in the event of a frontal or oblique impact event: Driver side front air bag. Passenger side knee bolster air bag. Driver and front passenger suspension seats will be retracted to the lowest travel position. Driver and front passenger seat belts will be pre-tensioned to firmly hold the occupant in place. 0622619 Seating Capacity, 4 Seats SEATING CAPACITY The seating capacity of the vehicle (including tiller cab and belted seat positions in the rescue body) will be four (4). 0697006 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Frontal Impact DRIVER SEAT A Pierce PS6® seat will be provided in the cab for the driver. The seat design will be a cam action type, with air suspension. For increased convenience, the seat will include electric controls to adjust the rake (15 degrees), height (1.75" travel) and horizontal (7.00" travel) position. Electric controls will be located below the forward part of the seat cushion. To provide flexibility for multiple driver configurations, the seat will have a reclining back, adjustable from 20 degrees back to 45 degrees forward. Providing for maximum comfort, the seat back will be a high back style with manual lumbar adjustment lever, for lower back support, and will include minimum 7.50" deep side bolster pads for maximum support. The lumbar adjustment lever will be easily located at the lower outboard position of the seat cushion. For optimal comfort, the seat will be provided with 17.00" deep dual density foam cushions designed with EVC (elastomeric vibration control). The seat will include the following features incorporated into the frontal impact protection system: A suspension seat safety system will be included. When activated in the event of a frontal impact, this system will pretension the seat belt and retract the seat to its lowest travel position. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. 0696991 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Frontal Impact OFFICER SEAT A Pierce PS6® seat will be provided in the cab for the passenger. The seat will be a cam action type with air suspension. For increased convenience, the seat will include a manual control to adjust the horizontal position 6.00" travel. The manual horizontal control will be a towel-bar style located below the forward part of the seat cushion. For optimal comfort, the seat will be provided with 17.00" deep dual density foam cushions designed with EVC (elastomeric vibration control). To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not belted. The seat back will be an SCBA back style with 7.50 degree fixed recline angle and will include minimum 4.50" wide x 7.50" deep side bolster pads for maximum support. The SCBA cavity will be adjustable from front to rear in 1.00" increments to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will include the following feature incorporated into the frontal impact protection system: A suspension seat safety system will be included. When activated, this system will pretension the seat belt and retract the seat to its lowest travel position. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. 0002517 Not Required, Radio Compartment 20780Bid #: 0123152 Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium, SCBA REAR FACING DRIVER SIDE OUTBOARD SEAT There will be one (1) rear facing, Pierce PS6® seat provided at the driver side outboard position in the crew cab. For optimal comfort, the seat will be provided with 17.00" deep dual density foam cushions designed with EVC (elastomeric vibration control). To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not buckled. The seat back will be an SCBA back style with 7.5 degree fixed recline angle, and will include minimum 4.50" wide x 7.50" deep side bolster pads for maximum support. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. 0102783 Not Required, Seat, Rr Facing C/C, Center 0123155 Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium, SCBA REAR FACING PASSENGER SIDE OUTBOARD SEAT There will be one (1) rear facing, Pierce PS6® seat provided at the passenger side outboard position in the crew cab. For optimal comfort, the seat will be provided with 17.00" deep dual density foam cushions designed with EVC (elastomeric vibration control). To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not buckled. The seat back will be an SCBA back style with 7.5 degree fixed recline angle, and will include minimum 4.50" wide x 7.50" deep side bolster pads for maximum support. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will be furnished with a 3-point, shoulder type seat belt. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. 0817683 SP Cabinet, Forward Facing, LS, 25.5 W x 54 H x 24 D, Ext Acc Only, Imp/Vel FORWARD FACING LEFT SIDE CABINET A forward facing cabinet will be provided in the crew cab located at the left side outboard position. The cabinet will be 25.50" wide x 54.00" high x 24.00" deep. The cabinet will include one (1) infinitely adjustable shelf with a 0.75" up-turned lip and two (2) infinitely adjustable shelves with a 0.75" flanged down lippainted to match the cab interior. The cabinet will include no louvers. The cabinet will have exterior access only with one (1) reverse hinged double pan door painted to match the cab exterior with a locking D-ring latch with #751 key. A pneumatic stay arm will be used as a door stop. The exterior access will be provided with a polished stainless steel scuffplate on the lower door frame. The cabinet will be constructed of smooth aluminum and painted to match the cab interior. Cabinet Light There will be one (1) white LED strip light installed on the right side of the exterior cabinet door opening. The lighting will be controlled by an automatic door switch. 0817687 SP Cabinet, Forward Facing, Center, 42 W x 54 H x 24 D, Roll, Imp/Vel FORWARD FACING CENTER CABINET A forward facing cabinet will be provided in the crew cab at the center position. The cabinet will be 42.00" wide x 54.00" high x 24.00" deep with one (1) Amdor rollup door with anodized finish, locking with #751 key. The cabinet will be provided with no false floor. The frame to frame opening of the cabinet will be 39.50" wide x 48.75" high. The minimum clear door opening will be 36.75" wide x 42.87" high. The cabinet will include two (2) infinitely adjustable shelves with a 0.75" up-turned lippainted to match the cab interior. The cabinet will include no louvers. The cabinet will be constructed of smooth aluminum and painted to match the cab interior. Cabinet Light There will be one (1) white LED strip light installed on the left side of the interior cabinet door opening and one (1) white LED strip light installed on the right side of the interior cabinet door opening. The lighting will be controlled by an automatic door switch. 21780Bid #: 0817686 SP Cabinet, Forward Facing, RS, 25.5 W x 54 H x 24 D, Ext Acc Only, Imp/Vel FORWARD FACING RIGHT SIDE CABINET A forward facing cabinet will be provided in the crew cab located at the right side outboard position. The cabinet will be 25.50" wide x 54.00" high x 24.00" deep. The cabinet will include one (1) infinitely adjustable shelf with a 0.75" up-turned lip and two (2) infinitely adjustable shelves with a 0.75" flanged down lippainted to match the cab interior. The cabinet will include no louvers. The cabinet will have exterior access only with one (1) reverse hinged double pan door painted to match the cab exterior with a locking D-ring latch with #751 key. A pneumatic stay arm will be used as a door stop. The exterior access will be provided with a polished stainless steel scuffplate on the lower door frame. The cabinet will be constructed of smooth aluminum and painted to match the cab interior. Cabinet Light There will be one (1) white LED strip light installed on the left side of the exterior cabinet door opening. The lighting will be controlled by an automatic door switch. 0802321 SP Cabinet, Rear Facing, RS, Overhead, 22 W x 20 H x 24 D, Liftup Dr, WW REAR FACING RIGHT SIDE UPPER CABINET There will be an overhead rear facing cabinet provided in the crew cab at the right side outboard position. The side of the cabinet will be angled to include the wireway. The cabinet will be 22.00" wide x 20.00" high x 24.00" deep with one (1) liftup door, painted to match the cab interior with a non-locking lever latch. A pneumatic stay arm will be provided to hold the door open. The cabinet will include louvers provided on the door of the cabinet for ventilation. The cabinet will be constructed of smooth aluminum and painted to match the cab interior. Cabinet Light There will be one (1) white LED strip light installed horizontally above the interior cabinet door opening. The lighting will be controlled by an automatic door switch. 0802323 SP Cabinet, Rear Facing, LS, Overhead, 24 W x 20 H x 24 D, Liftup Dr, WW REAR FACING LEFT SIDE UPPER CABINET There will be an overhead rear facing cabinet provided in the crew cab at the left side outboard position. The side of the cabinet will be angled to include the wireway. The cabinet will be 24.00" wide x 20.00" high x 24.00" deep with one (1) liftup door, painted to match the cab interior with a non-locking lever latch. A pneumatic stay arm will be provided to hold the door open. The cabinet will include louvers provided on the door of the cabinet for ventilation. The cabinet will be constructed of smooth aluminum and painted to match the cab interior. Cabinet Light There will be one (1) white LED strip light installed horizontally above the interior cabinet door opening. The lighting will be controlled by an automatic door switch. 0651182 Scuffplate, Cabinet, Interior Door Pan, Cab DOOR PAN SCUFFPLATE There will be a brushed stainless steel scuffplate on the interior door pan of two (2) cabinet door (s) located DS and PS EMS cabinets external doors. 0817671 SP Cabinet, Forward Facing, Overhead, 92 W x 20 H x 24.5 D, 2" Web, Imp/Vel 20" RR OVERHEAD STORAGE CABINET There will be an overhead forward facing cabinet installed at the raised roof within the crew cab. The cabinet will be 92.00" wide x 20.00" high x 24.50" deep. The cabinet will include four (4) door openings with web netting. The netting is to be made with 2.00" wide nylon material with 2.00" openings. The nylon webbing will be permanently fastened at the bottom side of the cabinet and have 2.00" side release fasteners on the opposite side to secure it. The cabinet will be constructed of smooth aluminum and painted to match the cab interior. Cabinet Light There will be one (1) white LED strip light installed horizontally above each compartment door opening. The lighting will be controlled by a rocker switch on the front of the cabinet. 0566653 Upholstery, Seats In Cab, Turnout Tuff SEAT UPHOLSTERY All seat upholstery will be black Turnout Tuff material. 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats AIR BOTTLE HOLDERS All SCBA type seats in the cab will have a "Hands-Free" auto clamp style bracket in its backrest. For efficiency and convenience, the bracket will include an automatic spring clamp that allows the occupant to store the SCBA bottle by simply pushing it into the seat back. For protection of all occupants in the cab, in the event of an accident, the inertial components within the clamp will constrain the SCBA bottle in the seat and will exceed the NFPA standard of 9G. There will be a quantity of three (3) SCBA brackets. 0690610 Embroidery, Seats, Cab and Crew Cab SEAT EMBROIDERY The seats in the cab and crew cab will be provided with custom embroidery. The Fire Department will determine what the embroidery will be by providing pictures at the time of order. The custom logo will be provided in place of the standard OEM logo. The embroidery will be provided on four (4) seats. 22780Bid #: 0734952 Door, Access, Front, (2) Rear Facing Seat Risers, No Heater ACCESS DOOR An access door will be provided in the front edge of each rear facing seat riser with a drop down door. The drop down door will be provided with a Southco C2 black powder coated raised trigger latch and painted black. There will be louvers provided on the door of the cabinet for ventilation. 0603867 Seat Belt, ReadyReach SEAT BELTS All seating positions in the cab, crew cab and tiller cab (if applicable) will have red seat belts. To provide quick, easy use for occupants wearing bunker gear, the female buckle and seat belt webbing length will meet or exceed the current edition of applicable NFPA and CAN/ULC - S515 standards. The 3-point shoulder type seat belts will also include the ReadyReach D-loop assembly to the shoulder belt system. The ReadyReach feature adds an extender arm to the D-loop location placing the D-loop in a closer, easier to reach location. Any flip up seats will include a 3-point shoulder type belts only. 0604867 Seat Belt Height Adjustment, 4 Seats, Imp/Vel, Dash CF SHOULDER HARNESS HEIGHT ADJUSTMENT All seating positions furnished with 3-point shoulder type seat belts will include a height adjustment. This adjustment will optimize the belts effectiveness and comfort for the seated firefighter. A total of four (4) seating positions will have the adjustable shoulder harness. 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 HELMET STORAGE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 14.1.7.4.1 requires a location for helmet storage be provided. There is no helmet storage on the apparatus as manufactured. The fire department will provide a location for storage of helmets. 0647644 Lights, Dome, FRP Dual LED 6 Lts CAB DOME LIGHTS There will be six (6) dual LED dome lights with black bezels provided. Two (2) lights will be mounted above the inside shoulder of the driver and officer and four (4) lights will be installed and located, two (2) on each side of the crew cab. The color of the LED's will be red and white. The white LED's will be controlled by the door switches. The color LED's will be controlled by the lens switch. In order to ensure exceptional illumination, each white LED dome light will provide a minimum of 10.1 foot-candles (fc) covering an entire 20.00" x 20.00" square seating position when mounted 40.00" above the seat. 0896451 Enhanced Software for Cab and Crew Cab Dome Lts ENHANCED SOFTWARE FOR CAB AND CREW CAB DOME LIGHTS The cab and crew cab dome lights will remain on for 10 seconds for improved visibility after the doors are closed. The dome lights will dim after 10 seconds or immediately if the vehicle's transmission is put into gear. 0631779 Light, Map, Overhead, Round Halogen, AXT/Imp/Vel OVERHEAD MAP LIGHTS There will be two (2) white halogen, round adjustable map lights installed in the cab: One (1) overhead in front of the driving position. One (1) overhead in front of the passenger's position. Each light will include a switch on the light housing. The light switches will be connected directly to the battery switched power. 0612046 Light, Map, Sunnex LS941-00 LED Clear Lens, Knuckle 10 Deg Optics MAP LIGHT There will be one (1) Sunnex®, Model LS941-00, LED map light(s) installed over Officer left shoulder. See photos in Stage 7 E-folder.. Each light will include swivel mount in a square base, an on/off switch, a knuckle pivot and 10 degree optics. The light switch(es) will be connected directly to the battery switched power. 0544419 Handlts, (2) Streamlight Fire Vulcan, Halogen 44401, LED back light 12v, Orange HAND HELD LIGHT There will be two (2) 12v Streamlight, Model #44401, Fire Vulcan, lights mounted Leave loose, but run 12V wires near or around the engine tunnel with 10' of lead. Will mount after pick up when Clearwater determines where to mount.. Each light housing will be orange in color and be provided with a single filament halogen bulb and two "ultra bright blue taillight LEDs" The LEDs will have a dual mode (blinking or steady). 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010 CAB INSTRUMENTATION The cab instrument panel will consist of gauges, an LCD display, telltale indicator lights, alarms, control switches, and a diagnostic panel. The function of instrument panel controls and switches will be identified by a label adjacent to each item. Actuation of the headlight switch will illuminate the labels in low light conditions. Telltale indicator lamps will not be illuminated unless necessary. The cab instruments and controls will be conveniently located within the forward cab section directly forward of the driver. Gauge and switch panels will be designed to be removable for ease of service and low cost of ownership. Gauges The gauge panel will include the following ten (10) ivory gauges with chrome bezels to monitor 23780Bid #: vehicle performance: Voltmeter gauge (Volts) Low volts (11.8 VDC) Amber indicator on gauge assembly with alarm High volts (15 VDC) Amber indicator on gauge assembly with alarm Very low volts (11.3 VDC) Amber indicator on gauge assembly with alarm Very high volts (16 VDC) Amber indicator on gauge assembly with alarm Tachometer (RPM) Speedometer (Primary (outside) MPH, Secondary (inside) Km/H) Fuel level gauge (Empty - Full in fractions) Low fuel (1/8 full) Amber indicator on gauge assembly with alarm Very low fuel (1/32) fuel Amber indicator on gauge assembly with alarm Engine oil pressure gauge (PSI) Low oil pressure to activate engine warning lights and alarms Red indicator on gauge assembly with alarm Front air pressure gauge (PSI) Low air pressure to activate warning lights and alarm Red indicator on gauge assembly with alarm Rear air pressure gauge (PSI) Low air pressure to activate warning lights and alarm Red indicator on gauge assembly with alarm Transmission oil temperature gauge (Fahrenheit) High transmission oil temperature activates warning lights and alarm Amber indicator on gauge assembly with alarm Engine coolant temperature gauge (Fahrenheit) High engine temperature activates an engine warning light and alarm Red indicator on gauge assembly with alarm Diesel Exhaust Fluid Level Gauge (Empty - Full in fractions) Low fluid (1/8 full) Amber indicator on gauge assembly with alarm All gauges and gauge indicators will perform prove out at initial power-up to ensure proper performance. Indicator Lamps To promote safety, the following telltale indicator lamps will be integral to the gauge assembly and are located above and below the center gauges. The indicator lamps will be "dead-front" design that is only visible when active. The colored indicator lights will have descriptive text or symbols. The following amber telltale lamps will be present: Low coolant Trac cntl (traction control) (where applicable) Check engine Check trans (check transmission) Aux brake overheat (Auxiliary brake overheat) Air rest (air restriction) Caution (triangle symbol) Water in fuel DPF (engine diesel particulate filter regeneration) Trailer ABS (where applicable) Wait to start (where applicable) HET (engine high exhaust temperature) (where applicable) ABS (antilock brake system) MIL (engine emissions system malfunction indicator lamp) (where applicable) SRS (supplemental restraint system) fault (where applicable) DEF (low diesel exhaust fluid level) The following red telltale lamps will be present: Warning (stop sign symbol) Seat belt Parking brake Stop engine Rack down The following green telltale lamps will be provided: Left turn Right turn Battery on The following blue telltale lamp will be provided: High beam Alarms Audible steady tone warning alarm: A steady audible tone alarm will be provided whenever a warning message is present. Audible pulsing tone caution alarm: A pulsing audible tone alarm (chime/chirp) will be provided whenever a caution message is present without a warning message being present. Alarm silence: Any active audible alarm will be able to be silenced by holding the ignition switch at the top position for 3 to 5 seconds. For improved safety, silenced audible alarms will intermittently chirp every 30 seconds until the alarm condition no longer exists. The intermittent chirp will act as a reminder to the operator that a caution or warning condition still exists. Any new warning or caution condition will enable the steady or pulsing tones respectively. Indicator Lamp and Alarm Prove-Out Telltale indicators and alarms will perform prove-out at initial power-up to ensure proper performance. Control Switches For ease of use, the following controls will be provided immediately adjacent to the cab 24780Bid #: instrument panel within easy reach of the driver. Emergency master switch: A molded plastic push button switch with integral indicator lamp will be provided. Pressing the switch will activate emergency response lights and siren control. A green lamp on the switch provides indication that the emergency master mode is active. Pressing the switch again disables the emergency master mode. Headlight / Parking light switch: A three (3)-position maintained rocker switch will be provided. The first switch position will deactivate all parking lights and the headlights. The second switch position will activate the parking lights. The third switch position will activate the headlights. Panel backlighting intensity control switch: A three (3)-position momentary rocker switch will be provided. The first switch position decreases the panel backlighting intensity to a minimum level as the switch is held. The second switch position is the default position that does not affect the backlighting intensity. The third switch position increases the panel backlighting intensity to a maximum level as the switch is held. The following standard controls will be integral to the gauge assembly and are located below the right hand gauges. All switches have backlit labels for low light applications. High idle engagement switch: A two (2)-position momentary rocker switch with integral indicator lamp will be provided. The first switch position is the default switch position. The second switch position will activate and deactivate the high idle function when pressed and released. The "Ok To Engage High Idle" indicator lamp must be active for the high idle function to engage. A green indicator lamp integral to the high idle engagement switch will indicate when the high idle function is engaged. "Ok To Engage High Idle" indicator lamp: A green indicator light will be provided next to the high idle activation switch to indicate that the interlocks have been met to allow high idle engagement. The following standard controls will be provided adjacent to the cab gauge assembly within easy reach of the driver. All switches will have backlit labels for low light applications. Ignition switch: A three (3)-position maintained/momentary rocker switch will be provided. The first switch position will deactivate vehicle ignition. The second switch position will activate vehicle ignition. The third momentary position will disable the Command Zone audible alarm if held for 3 to 5 seconds. A green indicator lamp will be activated with vehicle ignition. Engine start switch: A two (2)-position momentary rocker switch will be provided. The first switch position is the default switch position. The second switch position will activate the vehicle's engine. The switch actuator is designed to prevent accidental activation. 4-way hazard switch: A two (2)-position maintained rocker switch will be provided. The first switch position will deactivate the 4-way hazard switch function. The second switch position will activate the 4-way hazard function. The switch actuator will be red and includes the international 4-way hazard symbol. Heater, defroster, and air conditioning control panel. Turn signal arm: A self-canceling turn signal with high beam headlight and windshield wiper/washer controls will be provided. The windshield wiper control will have high, low, and intermittent modes. Parking brake control: An air actuated push/pull park brake control valve will be provided. Chassis horn control: Activation of the chassis horn control will be provided through the center of the steering wheel. Custom Switch Panels The design of cab instrumentation will allow for emergency lighting and other switches to be placed within easy reach of the operator thus improving safety. There will be positions for up to four (4) switch panels in the overhead console on the driver's side, up to four (4) switch panels in the engine tunnel console facing the driver, up to four (4) switch panels in the overhead console on the officer's side and up to two (2) switch panels in the engine tunnel console facing the officer. All switches will have backlit labels for low light applications. Diagnostic Panel A diagnostic panel will be accessible while standing on the ground and located inside the driver's side door left of the steering column. The diagnostic panel will allow diagnostic tools such as computers to connect to various vehicle systems for improved troubleshooting providing a lower cost of ownership. Diagnostic switches will allow ABS systems to provide blink codes should a problem exist. The diagnostic panel will include the following: Engine diagnostic port Transmission diagnostic port ABS diagnostic port SRS diagnostic port (where applicable) Command Zone USB diagnostic port ABS diagnostic switch (blink codes flashed on ABS telltale indicator) Diesel particulate filter regeneration switch (where applicable) Diesel particulate filter regeneration inhibit switch (where applicable) Cab LCD Display A digital four (4)-row by 20-character dot matrix display will be integral to the gauge panel. The display will be capable of showing simple graphical images as well as text. The display will be split into three (3) sections. Each section will have a dedicated function. The upper left section will display the outside ambient temperature. The upper right section will display, along with other configuration specific information: Odometer Trip mileage PTO hours Fuel consumption Engine hours The bottom section will display INFO, CAUTION, and WARNING messages. Text messages will automatically activate to describe the cause of an audible caution or warning alarm. The LCD will be capable of displaying multiple text messages should more than one caution or warning condition exist. 25780Bid #: 0509511 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX AIR RESTRICTION INDICATOR A high air restriction warning indicator light LCD message with amber warning indicator and audible alarm will be provided. 0543751 Light, Do Not Move Apparatus "DO NOT MOVE APPARATUS" INDICATOR A flashing red indicator light, located in the driving compartment, will be illuminated automatically per the current NFPA requirements. The light will be labeled "Do Not Move Apparatus If Light Is On." The same circuit that activates the Do Not Move Apparatus indicator will activate a pulsing alarm when the parking brake is released. 0509042 Messages, Open Dr/DNMT, Color Dsply, DO NOT MOVE TRUCK MESSAGES Messages will be displayed on the Command Zone™, color display located within sight of the driver whenever the Do Not Move Truck light is active. The messages will designate the item or items not in the stowed for vehicle travel position (parking brake disengaged). The following messages will be displayed (where applicable): Do Not Move Truck DS Cab Door Open (Driver Side Cab Door Open) PS Cab Door Open (Passenger's Side Cab Door Open) DS Crew Cab Door Open (Driver Side Crew Cab Door Open) PS Crew Cab Door Open (Passenger's Side Crew Cab Door Open) DS Body Door Open (Driver Side Body Door Open) PS Body Door Open (Passenger's Side Body Door Open) Rear Body Door Open DS Ladder Rack Down (Driver Side Ladder Rack Down) PS Ladder Rack Down (Passenger Side Ladder Rack Down) Deck Gun Not Stowed Lt Tower Not Stowed (Light Tower Not Stowed) Fold Tank Not Stowed (Fold-A-Tank Not Stowed) Aerial Not Stowed (Aerial Device Not Stowed) Stabilizer Not Stowed Steps Not Stowed Handrail Not Stowed Any other device that is opened, extended, or deployed that creates a hazard or is likely to cause major damage to the apparatus if the apparatus is moved will be displayed as a caution message after the parking brake is disengaged. 0551600 Switching, Cab, Rocker MUX, Impel/Velocity, AXT MUX, Dash CF SWITCH PANELS The emergency light switch panel will have a master switch for ease of use plus individual switches for selective control. Each switch panel will contain up to six (6) rocker-type switches each rated for two hundred thousand (200,000) cycles. Panels with less than six (6) switches will include indicators or blanks. The switch panel(s) will be located in the "overhead" position above the windshield on the driver and passenger side to allow for easy access. The switches will be rocker-type and include an integral indicator light. For quick, visual indication the switch will be illuminated whenever the switch is active. A 2-ply, scratch resistant laser engraved Gravoply label indicating the use of each switch will be placed below the switches. The label will allow light to pass through the letters for improved visibility in low light conditions. Switches and light source are integral to the switch panel assembly. 0555915 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity WIPER CONTROL For simple operation and easy reach, the windshield wiper control will be an integral part of the directional light lever located on the steering column. The wiper control will include high and low wiper speed settings, a one (1)-speed intermittent wiper control and windshield washer switch. The control will have a "return to park" provision, which allows the wipers to return to the stored position when the wipers are not in use. 0560535 Wiring, Spare, 15 A 12V DC 4th SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 15 amps at 12 volts DC. Power and ground will terminate PS EMS compartment. lower outboard wall. Termination will be with heat shrinkable butt splicing. Wires will be sized to 125 percent of the protection. This circuit(s) may be load managed when the parking brake is set. 0547505 Wiring, Spare, 10 A 12V DC 1st SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery switched power. The negative wire will be connected to ground. Wires will be protected to 10 amps at 12 volts DC. Power and ground will terminate behind driver's seat. Termination will be with heat shrinkable butt splicing. Wires will be sized to 125 percent of the protection. This circuit(s) may be load managed when the parking brake is applied. 26780Bid #: 0583273 Wire, 18-ga. Spare, Dual Wire 1st 18 GAUGE SPARE WIRE There will be a one (1) pair of 18 gauge wires, one (1) with black insulation and one (1) with white insulation, included in a separate loom installed in the apparatus. These wires will be routed from behind panel #8 (wrap around console) and extended to behind driver's seat. These wires will not be connected to any power source and will not be connected to the vehicle electrical system. 0548004 Wiring, Spare, 15 A 12V DC 1st SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power The negative wire will be connected to ground Wires will be protected to 15 amps at 12 volts DC Power and ground will terminate in the center console Termination will be with heat shrinkable butt splicing Wires will be sized to 125 percent of the protection The circuit(s) may be load managed when the parking brake is set. 0548006 Wiring, Spare, 15 A 12V DC 2nd SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 15 amps at 12 volts DC. Power and ground will terminate center of overhead panel. Termination will be with heat shrinkable butt splicing. Wires will be sized to 125 percent of the protection. This circuit(s) may be load managed when the parking brake is set. 0548007 Wiring, Spare, 15 A 12V DC 3rd SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 15 amps at 12 volts DC. Power and ground will terminate DS EMS compartment. lower outboard wall. Termination will be with heat shrinkable butt splicing. Wires will be sized to 125 percent of the protection. This circuit(s) may be load managed when the parking brake is set. 0548046 Wiring, Spare, 60A 12V DC 1st SPARE CIRCUIT There will be one (1) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 60 amps at 12 volts DC. Power and ground will terminate behind driver's seat. Termination will be with 3/8" studs and plastic covers. Wires will be sized to 125% of the protection. This circuit(s) may be load managed when the parking brake is set. 0790556 Wire, CAT 6, terminated, Spare, Qty, 1st CAT 6 SPARE WIRE There will be one (1) CAT 6 network cable(s) installed in the apparatus. These cables will be terminated with male RJ-45 modular plug and boot on both ends. This wire will be routed from behind the driver's seat and extended to in wrap around center console behind panel #8. This cable will not be connected to the vehicle electrical system. 0814201 Vehicle Information Center, 7" Color Display, Touchscreen, MUX, CL714 INFORMATION CENTER An information center employing a 7.00" diagonal touch screen color LCD display will be encased in an ABS plastic housing. The information center will have the following specifications: Operate in temperatures from -40 to 158 degrees Fahrenheit LCD optically bonded to hardened AR glass lens Five weather resistant user interface switches Grey with black accents Sunlight Readable Linux operating system Minimum of 1000nits rated display Display can be changed to an available foreign language A LCD display integral to the cab gauge panel will be included as outlined in the cab instrumentation area. Programmed to read US Customary General Screen Design Where possible, background colors will be used to provide "At a Glance" vehicle information. If information provided on a screen is within acceptable limits, a green background will be used. 27780Bid #: If a caution or warning situation arises the following will occur: An amber background/text color will indicate a caution condition A red background/text color will indicate a warning condition The information center will utilize an "Alert Center" to display text messages for audible alarm tones. The text messages will be written to identify the item(s) causing the audible alarm to sound. If more than one (1) text message occurs, the messages will cycle every second until the problem(s) have been resolved. The background color for the "Alert Center" will change to indicate the severity of the "warning" message. If a warning and a caution condition occur simultaneously, the red background color will be shown for all alert center messages. A label for each button will exist. The label will indicate the function for each active button for each screen. Buttons that are not utilized on specific screens will have a button label with no text or symbol. Home/Transit Screen This screen will display the following: Vehicle Mitigation (if equipped) Water Level (if the water level system includes compatible communications to the information center) Foam Level (if the foam level system includes compatible communications to the information center) Seat Belt Monitoring Screen Tire Pressure Monitoring (if equipped) Digital Speedometer Active Alarms On Scene Screen This screen will display the following and will be auto activated with pump engaged (if equipped): Battery Voltage Fuel Oil Pressure Coolant Temperature RPM Water Level (if equipped) Foam Level (if equipped) Foam Concentration (if equipped) Water Flow Rate (if equipped) Water Used (if equipped) Active Alarms Virtual Buttons There will be four (4) virtual switch panel screens that match the overhead and lower lighting and HVAC switch panels. Page Screen The page screen will display the following and allow the user to progress into other screens for further functionality: Diagnostics Faults Listed by order of occurrence Allows to sort by system Interlock Throttle Interlocks Pump Interlocks (if equipped) Aerial Interlocks (if equipped) PTO Interlocks (if equipped) Load Manager A list of items to be load managed will be provided. The list will provide a description of the load. The lower the priority numbers the earlier the device will be shed should a low voltage condition occur. The screen will indicate if a load has been shed (disabled) or not shed. "At a glance" color features are utilized on this screen. Systems Command Zone Module type and ID number Module Version Input or output number Circuit number connected to that input or output Status of the input or output Power and Constant Current module diagnostic information Foam (if equipped) Pressure Controller (if equipped) Generator Frequency (if equipped) Live Data General Truck Data Maintenance Engine oil and filter Transmission oil and filter Pump oil (if equipped) Foam (if equipped) Aerial (if equipped) Setup Clock Setup Date & Time 12 or 24 hour format Set time and date Backlight Daytime Night time Sensitivity Unit Selection Home Screen Virtual Button Setup 28780Bid #: On Scene Screen Setup Configure Video Mode Set Video Contrast Set Video Color Set Video Tint Do Not Move The screen will indicate the approximate location and type of item that is open or is not stowed for travel. The actual status of the following devices will be indicated Driver Side Cab Door Passenger's Side Cab Door Driver Side Crew Cab Door Passenger's Side Crew Cab Door Driver Side Body Doors Passenger's Side Body Doors Rear Body Door(s) Ladder Rack (if applicable) Deck Gun (if applicable) Light Tower (if applicable) Hatch Door (if applicable) Stabilizers (if applicable) Steps (if applicable) Notifications View Active Alarms Shows a list of all active alarms including date and time of the occurrence is shown with each alarm Silence Alarms - All alarms are silenced Timer Screen HVAC (if equipped) Tire Information (if equipped) Ascendant Set Up Confirmation (if equipped) Button functions and button labels may change with each screen. 0816633 Collision Mitigation, HAAS Alert (R2V), HA7 COLLISION MITIGATION There will be a HAAS Alert®, Model HA7 Responder-to-Vehicle (R2V) collision avoidance system provided on the apparatus. The HA7 cellular transponder module will be installed behind the cab windshield, as high and near to the center as practical, to allow clear visibility to the sky. The module dimensions are 5.40" long x 2.70" wide x 1.30" high, and operating temperature range is -40 degree C to 85 degree C. The transponder will be connected to the vehicle's emergency master circuit and battery direct power and ground. While responding with emergency lights on, the HA7 transponder sends alert messages via cellular network to motorists in the vicinity of the responding truck that are equipped with the WAZE app. While on scene with emergency lights on, the HA7 transponder sends road hazard alerts to motorists in the vicinity of the truck that are equipped with the WAZE app. The HA7 Responder-to-Vehicle (R2V) collision avoidance system will include the transponder and a 5 year cellular plan, plus a 5 year extended cellular data plan, for a total of 10 years cellular data plan subscription. Activation of the HAAS Alert system requires a representative of the customer to accept the End User License Agreement (EULA) via an on-line portal. 0776356 Maintenance Reminder Message, Cab Decon, CARE Maintenance Reminder Message The Command Zone™ touchscreen will include a 30 day "Cab Decon" pop-up reminder. This reminder will be part of the prognostics database. This reminder will need to be reset using a password as configured by the department. 29780Bid #: 0606249 Vehicle Data Recorder w/CZ and Overhead Display Seat Belt Monitor VEHICLE DATA RECORDER There will be a vehicle data recorder (VDR) capable of reading and storing vehicle information provided. The information stored on the VDR can be downloaded through a USB port mounted in a convenient location determined by cab model. A USB cable can be used to connect the VDR to a laptop to retrieve required information. The program to download the information from the VDR will be available to download on-line. The vehicle data recorder will be capable of recording the following data via hardwired and/or CAN inputs: Vehicle Speed - MPH Acceleration - MPH/sec Deceleration - MPH/sec Engine Speed - RPM Engine Throttle Position - % of Full Throttle ABS Event - On/Off Seat Occupied Status - Yes/No by Position Seat Belt Buckled Status - Yes/No by Position Master Optical Warning Device Switch - On/Off Time - 24 Hour Time Date - Year/Month/Day Seat Belt Monitoring System A seat belt monitoring system (SBMS) will be provided on the Command Zone™ color display and in the center overhead of the cab instrument panel. The SBMS will be capable of monitoring up to 10 seating positions indicating the status of each seat position per the following: Seat Occupied & Buckled = Green LED indicator illuminated Seat Occupied & Unbuckled = Red LED indicator with audible alarm No Occupant & Buckled = Red LED indicator with audible alarm No Occupant & Unbuckled = No indicator and no alarm The seat belt monitoring screen will become active on the Command Zone color display when: The home screen is active: and there is any occupant seated but not buckled or any belt buckled with an occupant. and there are no other Do Not Move Apparatus conditions present. As soon as all Do Not Move Apparatus conditions are cleared, the SBMS will be activated. The SBMS will include an audible alarm that will warn that an unbuckled occupant condition exists and the parking brake is released, or the transmission is not in park. 0665245 Cable, Motorola HKN6168, 30' Mobile 2-way Radio, Remote Head 2-WAY RADIO REMOTE HEAD CABLE There will be one (1) Motorola, Model HKN-6168,remote two-way radio, 30 foot cable(s) provided. The cable will be routed from behind driver's seat to wrap around console, behind panel #8. 0616382 Install Customer Provided GPS/Multimode Antenna(s) GPS / MULTIMODE ANTENNA INSTALLATION There will be one (1) customer supplied GPS / Multimode antenna(s) with stud mount for thick roof material to be installed on the roof. The antenna coax cable(s) will be run per the packing list / instructions provided to the third party installer. Specific shipping requirements will be followed. The GPS / Multimode antenna will be sent to the apparatus manufacturers preferred installer prior to cab fabrication. 0694166 Antenna Mount, Larsen NMOKHFUDTHK, 0-6000MHz RADIO ANTENNA MOUNT There will be one (1) Larson, model NMOKHFUDTHK, 0-6000MHz NMO style antenna mounting base(s) with weatherproof cap(s) and 17 feet of RG58A/U dual shield coax located on the cab roof best roof location. The cable(s) will be routed behind driver's seat. 0003757 Antenna, Std and Add'l Mts Only, 2- way Radio,Cust,Spl Cable Routing RADIO ANTENNA MOUNT There will be two (2) standard antenna-mounting base(s), Model MATM, with 17 feet of coax cable and weatherproof cap provided for a two (2)-way radio installation. The standard mount will be located on the cab roof, just to the rear of the officer seat and the additional mount(s) will be located one on PS one on DS. The cable(s) will be routed behind driver's seat . 0817058 Camera, Pierce, LS Mux, R Camera, SD, CL714 VEHICLE CAMERA SYSTEM There will be a color vehicle camera system provided with the following: One (1) Standard Definition (SD) camera located at the rear of the apparatus, pointing rearward, displayed automatically with the vehicle in reverse. The camera images will be displayed on the left side vehicle information center display. Audio from the microphone on the rear camera will be emitted by an amplified speaker on the ceiling behind the driver. The following components will be included: One (1) SV-CW134639CAI Camera All necessary cables 0814831 Not Required, Camera Switcher CAMERA SWITCHER A camera switcher is not required. 0523921 Recess, Rear Vision Camera RECESS REAR CAMERA A rear camera recess will be provided to the driver side rear . 30780Bid #: 0896458 Pierce Command Zone, Advanced Electronics & Control System, Vel WiFi CZT ELECTRICAL POWER CONTROL SYSTEM The primary power distribution will be located forward of the officer's seating position and be easily accessible while standing on the ground for simplified maintenance and troubleshooting. Additional electrical distribution centers will be provided throughout the vehicle to house the vehicle's electrical power, circuit protection, and control components. The electrical distribution centers will be located strategically throughout the vehicle to minimize wire length. For ease of maintenance, all electrical distribution centers will be easily accessible. All distribution centers containing fuses, circuit breakers and/or relays will be easily accessible. Distribution centers located throughout the vehicle will contain battery powered studs for supplying customer installed equipment thus providing a lower cost of ownership. Circuit protection devices, which conform to SAE standards, will be utilized to protect electrical circuits. All circuit protection devices will be rated per NFPA requirements to prevent wire and component damage when subjected to extreme current overload. General protection circuit breakers will be Type-I automatic reset (continuously resetting). When required, automotive type fuses will be utilized to protect electronic equipment. Control relays and solenoid will have a direct current rating of 125 percent of the maximum current for which the circuit is protected per NFPA. Solid-State Control System A solid-state electronics based control system will be utilized to achieve advanced operation and control of the vehicle components. A fully computerized vehicle network will consist of electronic modules, electronic control modules to include a see through housing, a power indicator, a status indicator and circuit indicators located near their point of use to reduce harness lengths and improve reliability. The control system will comply with SAE J1939-11 recommended practices. The control system will operate as a master-slave system whereas the main control module instructs all other system components. The system will contain patented Mission Critical software that maintains critical vehicle operations in the unlikely event of a main controller error. The system will utilize a Real Time Operating System (RTOS) fully compliant with OSEK/VDX™ specifications providing a lower cost of ownership. For increased reliability and simplified use the control system modules will include the following attributes: Green LED indicator light for module power Red LED indicator light for network communication stability status Control system self test at activation and continually throughout vehicle operation No moving parts due to transistor logic Software logic control for NFPA mandated safety interlocks and indicators Integrated electrical system load management without additional components Integrated electrical load sequencing system without additional components Customized control software to the vehicle's configuration Factory and field programmable to accommodate changes to the vehicle's operating parameters To assure long life and operation in a broad range of environmental conditions, the solid-state control system modules will meet the following specifications: Module circuit board will meet SAE J771 specifications Operating temperature from -40C to +70C Storage temperature from -40C to +70C Vibration to 50g IP67 rated enclosure (Totally protected against dust and also protected against the effect of temporary immersion between 15 centimeters and one (1) meter) Operating voltage from eight (8) volts to 32 volts DC The main controller will activate status indicators and audible alarms designed to provide warning of problems before they become critical. Circuit Protection and Control Diagram Copies of all job-specific, computer network input and output (I/O) connections will be provided with each chassis. The sheets will indicate the function of each module connection point, circuit protection information (where applicable), wire numbers, wire colors and load management information. On-Board Electrical System Diagnostics The on-board information center will include the following diagnostic information: Text description of active warning or caution alarms Simplified warning indicators Amber caution indication with intermittent alarm Red warning indication with steady tone alarm Advanced diagnostic feature will be provided in this control system. From the Command Zone display or connected wireless device, these features allow the user to monitor the real-time status of every input or output on the vehicle. It also allows users logged in as an administrator to force on inputs or outputs to assist the troubleshooting process. TCU Module with WiFi An in cab module will provide WiFi wireless interface and data logging capability. The WiFi interface will comply with IEEE 802.11 b/g/n capabilities while communicating at 2.4 Gigahertz. The module will communicate through a white WiFi antenna allowing a line of site communication range of up to 300 feet with a roof mounted antenna. The module will transmit a password protected web page to a WiFi enabled device (i.e. most smart phones, tablets or laptops) allowing two levels of user interaction. The firefighter level will allow vehicle monitoring of the vehicle and firefighting systems on the apparatus. The technician level will allow diagnostic access to inputs and outputs installed on the Command Zone™, control and information system. The TCU capability will record faults from the engine, transmission, ABS and Command Zone™, control and information systems as they occur. No other data will be recorded at the time the fault occurs. The data TCU will provide up to 2 Gigabytes of data storage. The TCU will provide a means to download the TCU information and update software in the device. Indicator Light and Alarm Prove-Out System A system will be provided which automatically tests basic indicator lights and alarms located on the cab instrument panel. Voltage Monitor System A voltage monitoring system will be provided to indicate the status of the battery system connected to the vehicle's electrical load. The system will provide visual and audible warning when the system voltage is below or above optimum levels. The alarm will activate if the system falls below 11.8 volts DC for more than two (2) minutes. 31780Bid #: Dedicated Radio Equipment Connection Points There will be three (3) studs provided in the primary power distribution center located in front of the officer for two-way radio equipment. The studs will consist of the following: 12-volt 40-amp battery switched power 12-volt 60-amp ignition switched power 12-volt 60-amp direct battery power There will also be a 12-volt 100-amp ground stud located in or adjacent to the power distribution center. EMI/RFI Protection To prevent erroneous signals from crosstalk contamination and interference, the electrical system will meet, at a minimum, SAE J551/2, thus reducing undesired electromagnetic and radio frequency emissions. An advanced electrical system will be used to ensure radiated and conducted electromagnetic interference (EMI) or radio frequency interference (RFI) emissions are suppressed at their source. The apparatus will have the ability to operate in the electromagnetic environment typically found in fire ground operations to ensure clean operations. The electrical system will meet, without exceptions, electromagnetic susceptibility conforming to SAE J1113/25 Region 1, Class C EMR for 10KHz-1GHz to 100 Volts/Meter. The vehicle OEM, upon request, will provide EMC testing reports from testing conducted on an entire apparatus and will certify that the vehicle meets SAE J551/2 and SAE J1113/25 Region 1, Class C EMR for 10KHz-1GHz to 100 Volts/Meter requirements. Component and partial (incomplete) vehicle testing is not adequate as overall vehicle design can impact test results and thus is not acceptable by itself. EMI/RFI susceptibility will be controlled by applying appropriate circuit designs and shielding. The electrical system will be designed for full compatibility with low-level control signals and high- powered two-way radio communication systems. Harness and cable routing will be given careful attention to minimize the potential for conducting and radiated EMI/RFI susceptibility. 0896456 Prognostics, Electrical System ELECTRICAL SYSTEM PROGNOSTICS There will be a software based vehicle tool provided to predict remaining life of the vehicles critical fluid and events. The system will send automatic indications to the Command Zone™ information center and/or wireless enabled devices to proactively alert of upcoming service intervals. Prognostics will include the following: Engine oil and filter Transmission oil and filter 0730603 Electrical System, Velocity ESP, Cummins, Paccar ELECTRICAL All 12-volt electrical equipment installed by the apparatus manufacturer will conform to modern automotive practices. All wiring will be high temperature crosslink type. Wiring will be run, in loom or conduit, where exposed and have grommets where wire passes through sheet metal. Automatic reset circuit breakers will be provided which conform to SAE Standards. Wiring will be color, function and number coded. Function and number codes will be continuously imprinted on all wiring harness conductors at 2.00" intervals. Exterior exposed wire connectors will be positive locking, and environmentally sealed to withstand elements such as temperature extremes, moisture and automotive fluids. Electrical wiring and equipment will be installed utilizing the following guidelines: All holes made in the roof will be caulked with silicon. Large fender washers, liberally caulked, will be used when fastening equipment to the underside of the cab roof. Any electrical component that is installed in an exposed area will be mounted in a manner that will not allow moisture to accumulate in it. Exposed area will be defined as any location outside of the cab or body. Electrical components designed to be removed for maintenance will not be fastened with nuts and bolts. Metal screws will be used in mounting these devices. Also a coil of wire will be provided behind the appliance to allow them to be pulled away from mounting area for inspection and service work. Corrosion preventative compound will be applied to all terminal plugs located outside of the cab or body. All non-waterproof connections will require this compound in the plug to prevent corrosion and for easy separation (of the plug). All lights that have their sockets in a weather exposed area will have corrosion preventative compound added to the socket terminal area. All electrical terminals in exposed areas will have silicon applied completely over the metal portion of the terminal. All lights and reflectors, required to comply with Federal Motor Vehicle Safety Standard #108, will be furnished. Rear identification lights will be recessed mounted for protection. Lights and wiring mounted in the rear bulkheads will be protected from damage by installing a false bulkhead inside the rear compartments. An operational test will be conducted to ensure that any equipment that is permanently attached to the electrical system is properly connected and in working order. The results of the tests will be recorded and provided to the purchaser at time of delivery. 32780Bid #: 0079166 Batteries, (4) Stryten/Exide Grp 31, 950 CCA ea, Threaded Stud BATTERY SYSTEM There will be four (4) 12 volt Stryten/Exide®, Model 31S950X5W, batteries that include the following features will be provided: 950 CCA, cold cranking amps 190 amp reserve capacity High cycle Group 31 Rating of 3800 CCA at 0 degrees Fahrenheit 760 minutes of reserve capacity Threaded stainless steel studs Each battery case will be a black polypropylene material with a vertically ribbed container for increased vibration resistance. The cover will be manifold vented with a central venting location to allow a 45 degree tilt capacity. The inside of each battery will consist of a "maintenance free" grid construction with poly wrapped separators and a flooded epoxy bottom anchoring for maximum vibration resistance. 0008621 Battery System, Single Start, All Custom Chassis BATTERY SYSTEM There will be a single starting system with an ignition switch and starter button provided and located on the cab instrument panel. MASTER BATTERY SWITCH There will be a master battery switch provided within the cab within easy reach of the driver to activate the battery system. An indicator light will be provided on the instrument panel to notify the driver of the status of the battery system. 0123174 Battery Compartment, Imp/Vel BATTERY COMPARTMENTS The batteries will be stored in well-ventilated compartments that are located under the cab and bolted directly to the chassis frame. The battery compartments will be constructed of 3/16" steel plate and be designed to accommodate a maximum of three (3) group 31 batteries in each compartment. The compartments will include formed fit heavy-duty roto-molded polyethylene battery tray inserts with drains on each side of the frame rails. The batteries will be mounted inside of the roto-molded trays. JUMPER STUDS One (1) set of battery jumper studs with plastic color-coded covers will be installed on the battery box on the driver's side. This will allow enough room for easy jumper cable access. 0812383 Charger, Sngl Sys, Kussmaul, Chief 091-266-12-40 BATTERY CHARGER There will be a Kussmaul™, Chief Series Smart Charger 4012, product code 091-266-12-40, 40 amp battery charger with build-in touch screen display provided. The battery charger will be wired to the AC shoreline inlet through a junction box located near the battery charger. 0814869 Location, Cab, Charger, Behind Driver Seat The battery charger will be located in the cab behind the driver seat. 0811943 Panel, Remote Control, Kussmaul, Chief 091-266-RCP REMOTE CONTROL PANEL - BATTERY CHARGER There will be a Kussmaul™, Chief Series Smart Charger remote control panel, product code 091- 266-RCP included. 0802450 Inverter, Xantrex Freedom X, 817- 1000, Rated @ 750W INVERTER There will be a Xantrex Model 817-1000, 1000W, 12 volt DC to 120 volt AC inverter with a built in LCD display, on/off switch and internal 30A transfer relay provided. A master on/off switch will be located in the compartment near the inverter. The inverter will be connected directly to the batteries through proper fusing and also to shoreline AC power. When the shoreline is connected to the truck, the internal auto transfer switch will allow AC shoreline power to pass through the inverter to the AC loads connected to the inverter. This inverter will be rated at 750 watts to meet NFPA requirements. 0814966 Location, Cab, Inverter, Behind Driver Seat INVERTER LOCATION The inverter will be installed in the cab behind the driver seat. 0889570 SP Approved, Inverter 33780Bid #: 0770460 Shoreline, 20A 120V, Kussmaul Auto Eject, 091-55-20-120, 091-55-234- XXX Br Cvr AUTO EJECT FOR SHORELINE There will be a Kussmaul™, part number 091-55-20-120, 20 amp 120 volt AC shoreline inlet provided to operate the dedicated 120 volt AC circuits on the apparatus. The inlet will include a Kussmaul part number 091-55-234-XXX* weatherproof flip up cover with bar graph DC display. The color of the cover will be red. There will be a release solenoid wired to the vehicle's starter to eject the AC connector when the engine is starting. The shoreline(s) will be connected to inverter/battery charger and cab receptacle. There will be a mating connector body supplied with the loose equipment. There will be a label installed near the inlet(s) that state the following: Line Voltage Current Ratting (amps) Phase Frequency 0026800 Shoreline Location The shoreline receptacle will be located recess in driver side bumper extension. 0036803 Interlock Relay, For Shoreline INTERLOCK RELAY (shoreline) An interlock relay will be provided when two (2) shoreline inlets are used to power common devices. The operation of the inlets will be that when one side is plugged into a 120 volt source the other inlet is disconnected. 0526727 Switch, Auto Transfer, Up to 30Amp, Multiple SWITCH, AUTO TRANSFER To protect either the generator or external power source from back feed, one (1) automatic relay system(s) will be installed to switch the on line device(s) between the generator and the external power source plug when it is connected for use. The transfer switch(es) will power TBD. 0796206 SP Electric Power Only, Spitzlift, DC Wiring Harness ELECTRIC POWER FOR SPITZLIFT Electric power provisions will be furnished for the Spitzlift Crane from the chassis battery system. Spitzlift part #24049 (DC Wiring Harness) will be provided The receiver plug will be located corner of DS rear body roof. A total quantity of one (1) receptacle will be provided. 0647728 Alternator, 430 amp, Delco Remy 55SI ALTERNATOR A Delco Remy®, Model 55SI, alternator will be provided. It will have a rated output current of 430 amps, as measured by SAE method J56. The alternator will feature an integral regulator and rectifier system that has been tested and qualified to an ambient temperature of 257 degrees Fahrenheit (125 degrees Celsius). The alternator will be connected to the power and ground distribution system with heavy-duty cables sized to carry the full rated alternator output. 0676572 SP Switch, Rocker Style, Load Manager LOAD MANAGER ROCKER SWITCH A rocker style switch will be provided for the load manager. 0532857 SP Programming, Step Lights, Activated w/Prk Brk, IAT LIGHT, PROGRAMMING The body step lights will be activated by the standard switching and whenever the parking brake is set. 34780Bid #: 0092582 Load Manager/Sequencer, MUX ELECTRONIC LOAD MANAGER An electronic load management (ELM) system will be provided that monitors the vehicles 12-volt electrical system, automatically reducing the electrical load in the event of a low voltage condition, and automatically restoring the shed electrical loads when a low voltage condition expires. This ensures the integrity of the electrical system. For improved reliability and ease of use, the load manager system will be an integral part of the vehicle's solid state control system requiring no additional components to perform load management tasks. Load management systems which require additional components will not be allowed. The system will include the following features: System voltage monitoring. A shed load will remain inactive for a minimum of five minutes to prevent the load from cycling on and off. Sixteen available electronic load shedding levels. Priority levels can be set for individual outputs. High Idle to not be controlled by the load manager. If enabled: "Load Man Hi-Idle On" will display on the information center. Hi-Idle will not activate until 30 seconds after engine start up. Individual switch "on" indicator to flash when the particular load has been shed. The information center indicates system voltage. The information center, where applicable, includes a "Load Manager" screen indicating the following: Load managed items list, with priority levels and item condition. Individual load managed item condition: ON = not shed SHED = shed SEQUENCER A sequencer will be provided that automatically activates and deactivates vehicle loads in a preset sequence thereby protecting the alternator from power surges. This sequencer operation will allow a gradual increase or decrease in alternator output, rather than loading or dumping the entire 12 volt load to prolong the life of the alternator. For improved reliability and ease of use, the load sequencing system will be an integral part of the vehicle's solid state control system requiring no additional components to perform load sequencing tasks. Load sequencing systems which require additional components will not be allowed. Emergency light sequencing will operate in conjunction with the emergency master light switch. When the emergency master switch is activated, the emergency lights will be activated one by one at half-second intervals. Sequenced emergency light switch indicators will flash while waiting for activation. When the emergency master switch is deactivated, the sequencer will deactivate the warning light loads in the reverse order. Sequencing of the following items will also occur, in conjunction with the ignition switch, at half- second intervals: Cab Heater and Air Conditioning Crew Cab Heater (if applicable) Crew Cab Air Conditioning (if applicable) Exhaust Fans (if applicable) Third Evaporator (if applicable) 0783153 Headlights, Rect LED, JW Spkr Evo 2, AXT/DCF/Enf/Imp/Sab/Vel HEADLIGHTS There will be four (4) JW Speaker®, Model 8800, 4" x 6" rectangular LED lights mounted in the front quad style, chrome housing on each side of the cab grille: the outside light on each side will contain a part number 055***1 low beam module the inside light on each side will contain a part number 055***1 high beam module the headlights to include chrome bezels The low beam lights will be activated when the headlight switch is on. The high beam and low beam lights will be activated when the headlight switch and the high beam switch is activated. 0648425 Light, Directional, Wln 600 Cmb, Cab Crn, Imp/Vel/AXT/Qtm/DCF DIRECTIONAL LIGHTS There will be two (2) Whelen 600® series, LED combination directional/marker lights provided. The lights will be located on the outside cab corners, next to the headlights. The color of the lenses will be the same color as the LED's. 0620054 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts INTERMEDIATE LIGHT There will be two (2) Weldon, Model 9186-8580-29, amber LED turn signal marker lights furnished, one (1) each side, in the rear fender panel. The light will double as a turn signal and marker light. 0604373 Light, Marker End Outline, Rubber Arm, LED Marker Lamp ADDITIONAL MARKER LIGHTS There will be two (2) amber and red LED marker lights with rubber arm, located rear of the shortened rub rail on the rear side of the body. The amber lens will face the front and the red lens will face the rear of the truck. These lights will be activated with the running lights of the vehicle. 35780Bid #: 0736083 Lights, Clearance/Marker, Side, P25 LED 2 Lts, Others With Visor Lt CAB CLEARANCE/MARKER/ID LIGHTS There will be two (2) amber LED lights provided to indicate the presence and overall length of the vehicle in the following locations: Two (2) lights with amber LEDs as front side clearance lights will be installed, one (1) on each side above the cab doors. All other forward facing clearance lights will be included with the visor scene light. 0511569 Lights, Clearance/Marker/ID, Rear, P25 LED 7Lts REAR CLEARANCE/MARKER/ID LIGHTING There will be three (3) LED identification lights located at the rear installed per the following: As close as practical to the vertical centerline Centers spaced not less than 6.00" or more than 12.00" apart Red in color All at the same height There will be two (2) LED lights installed at the rear of the apparatus used as clearance lights located at the rear of the apparatus per the following: To indicate the overall width of the vehicle One (1) each side of the vertical centerline As near the top as practical Red in color To be visible from the rear All at the same height There will be two (2) LED lights installed on the side of the apparatus used as marker lights as close to the rear as practical per the following: To indicate the overall length of the vehicle One (1) each side of the vertical centerline As near the top as practical Red in color To be visible from the side All at the same height The lights will be mounted with no guard. There will be two (2) red reflectors located on the rear of the truck facing to the rear. One (1) each side, as far to the outside as practical, at a minimum of 15.00", but no more than 60.00", above the ground. There will be two (2) red reflectors located on the side of the truck facing to the side. One (1) each side, as far to the rear as practical, at a minimum of 15.00", but no more than 60.00", above the ground. Per FMVSS 108 and CMVSS 108 requirements. 0804519 Lights, Tail, Wln M62BTT* Red Stop/Tail & M62T* Amber Dir Arw w/Flange REAR FMVSS LIGHTING The rear stop/tail and directional lighting will include the following: Two (2) Whelen®, Model M62BTT, 4.30" high x 6.70" wide x 1.40" deep brake/tail lights with red LEDs Two (2) Whelen, Model M62T, 4.30" high x 6.70" wide x 1.40" deep directional lights with amber LEDs. The directional lights will be set to Steady On (Arrow) flash pattern. The lens color(s) to be clear. The lights to include chrome trim. 0805618 Lights, Backup, Wln M62BU There will be two (2) Whelen® Model M62BU, 4.31" high x 6.75" wide x 1.37" deep backup lights with white LEDs, clear lenses and chrome trim provided. 0889577 Bracket, License Plate & Light, P25 LED, Stainless Brkt LICENSE PLATE BRACKET One (1) license plate bracket constructed of stainless steel will be provided at the rear of the apparatus. One (1) white LED light with chrome housing will be provided to illuminate the license plate. A stainless steel light shield will be provided over the light that will direct illumination downward, preventing white light to the rear. 0589905 Alarm, Back-up Warning, PRECO 1040 BACK-UP ALARM A PRECO, Model 1040, solid-state electronic audible back-up alarm that actuates when the truck is shifted into reverse will be provided. The device will sound at 60 pulses per minute and automatically adjust its volume to maintain a minimum ten (10) dBA above surrounding environmental noise levels. 0769420 Lights, Perimeter Cab, Amdor AY-LB- 12HW020 LED 4Dr CAB PERIMETER SCENE LIGHTS There will be four (4) Amdor, Model AY-LB-12HW020, 350 lumens each, 20.00" white LED strip lights provided, one (1) for each cab door. These lights will be activated automatically when the battery switch is on and the exit doors are opened or by the same means as the body perimeter scene lights. 0616293 Not Required, Lights Perimeter Pump House, No Pump 36780Bid #: 0770056 Lights, Perimeter Body, Amdor AY- LB-12HW020 LED 2lts, Rear Step BODY PERIMETER SCENE LIGHTS There will be two (2) Amdor, Model AY-LB-12HW020, 350 lumens, 20.00" long, white LED's, 12 volt DC lights provided at the rear step area of the body, one (1) each side shining to the rear. The perimeter scene lights will be activated when the parking brake is applied and either directional light is activated, activating all side facing perimeter lights. 0769570 Lights, Perimeter, Amdor AY-LB- 12HW020 20", Brkt ADDITIONAL PERIMETER LIGHTS There will be four (4) Amdor® Model AY-LB-12HW020, 350 lumens, 20.00" long, with white LED's installed with one (1) light under compartment LS1, one (1) light under compartment LS4, one (1) light under compartment RS4 and one (1) light under compartment LS2. With the chassis battery switch energized, the lights will be activated by the same means as the body perimeter lights. 0896454 Enhanced Software for Perimeter Lts ENHANCED SOFTWARE FOR PERIMETER LIGHTS All perimeter lights will be deactivated when the parking brake is released unless alternate control is selected. The cab and crew cab perimeter lights will remain on for ten (10) seconds for improved visibility after the doors closed. 0607950 Lights, Step, Weldon 9186-23882-30, HDR-NWI, Rear & Rec Walkway, Rr Sw STEP LIGHTS Step lights will be provided both at the rear of the body and in the recessed walkway on the roof of the body. All step lights will be Weldon, Model 9186-23882-30, step lights. There will be one (1) step light provided on each side of the tailboard at the rear of the body. There will be one (1) chrome plated hooded step light provided every 4' in the recessed walkway. Additional step lights will be installed under the following conditions: If a roof access ladder is installed on the rear of the apparatus, there will be one (1) step light installed at the top of the each roof access ladder. The step lights will be controlled by a switch installed at the rear of the unit in an easily accessible area. All other steps on the apparatus will be illuminated per the current edition of NFPA 1901. 0749399 Light, Visor Mt, Wln S72M**, 72" Cnt Feature 12 VOLT LIGHTING There will be a Whelen® Model S72M**, 72.00" long 32,400 lumens DC powered light provided on visor bracket(s) hanging off the front of the cab roof over the windshield. The painted parts of this light assembly to be white. The light will include the following: White scene LEDs Two (2) amber LED modules as clearance lights Three (3) amber LED modules as identification lights Four (4) additional LED modules. The additional additional modules to be four (4) scene light modules with white LEDs. The clearance and identification LEDs will be activated with the headlight switch. The scene LEDs will be activated when the battery switch is on and by a switch at the driver's side switch panel is on. There will be a switch in the cab on the switch panel to control the flashing or spot LED modules. Amber flashing LED modules will be deactivated when the parking brake is released. The white scene and flashing LED modules may be load managed when the parking brake is applied. 0774948 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd 12 VOLT DC SCENE LIGHTS There will be one (1) Whelen® Model P*H1*, 8,875 lumens 12 volt DC powered lights with white LEDs and flood optics installed on the apparatus located, High and rear of PS crew door. The light(s) to be installed in a 15 degree vertical recessed bracket. The painted parts of this light assembly to be white. The lights will be activated by a switch at the driver's side switch panel, by a switch at the passenger's side switch panel, when the cab or crew cab doors on the passenger's side are open and by the same control that has been selected for the passenger's side flood light(s). The light(s) may be load managed when the parking brake is applied. 0775524 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st 12 VOLT DC SCENE LIGHTS There will be one (1) Whelen® Model P*H1*, 8,875 lumens 12 volt DC powered lights with white LEDs and flood optics installed on the apparatus located, High and rear of DS crew door. The light(s) to be installed in a 15 degree vertical recessed bracket. The painted parts of this light assembly to be white. The lights will be activated by a switch at the driver's side switch panel, when the cab or crew cab doors on the driver's side are open and scene lights to be controlled by the same control that has been selected for the driver's side flood light(s). The light(s) may be load managed when the parking brake is applied. 37780Bid #: 0774333 Lights, Wln, P*H2* Pioneer, 12 VDC, 2nd 12 VOLT LIGHTING There will be three (3) Whelen® Model P*H2*, 17,750 lumens 12 volt DC LED light(s) with flood optics installed on the apparatus, located three on PS, match J#26472. The painted parts of this light assembly to be white. The light(s) to be installed in a 15 degree vertical recessed bracket. The lights will be controlled by a switch at the driver's side switch panel and by a switch in a stainless steel cup located on the passenger's side at the rear of the apparatus no more than 72.00" from the ground. The light(s) may be load managed when the parking brake is applied. 0774579 Lights, Wln, P*H2* Pioneer, 12 VDC, 1st 12 VOLT LIGHTING There will be three (3) Whelen® Model P*H2*, 17,750 lumens 12 volt DC LED light(s) with flood optics installed on the apparatus, located three on DS, match J#26472. The painted parts of this light assembly to be white. The light(s) to be installed in a 15 degree vertical recessed bracket. The lights will be controlled by a switch at the driver's side switch panel and by a switch in a stainless steel cup located on the driver's side at the rear of the apparatus no more than 72.00" from the ground. The light(s) may be load managed when the parking brake is applied. 0773722 Lights, Wln, P*H2* Pioneer, 12 VDC, 3rd 12 VOLT LIGHTING There will be two (2) Whelen® Model P*H2*, 17,750 lumens 12 volt DC LED light(s) with flood optics installed on the apparatus located, One DS rear and one PS rear, match J#26472. The painted parts of this light assembly to be white. The light(s) to be installed in a 15 degree vertical recessed bracket. The lights will be controlled by a switch at the driver's side switch panel and by a switch in a stainless steel cup located on the driver's side at the rear of the apparatus no more than 72.00" from the ground. The light(s) may be load managed when the parking brake is applied. 0004961 Not Required, Work Lights, Alt. Rear Lights, HDR/Encore, No Hose Bed 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 0795742 Not Required, Walking Surface, Alt. Walking Surface Lights, HDR 38780Bid #: 0019030 HDR, Non-Walk-In, Aluminum HEAVY DUTY RESCUE BODY CONSTRUCTION The body will be built as a separate module prior to being mounted onto the substructure. The rescue body will be constructed of 5052 aluminum. The structural support framing and the gussets used will be of 2.00" (51 mm) square 0.125" (3 mm) wall 6061 aluminum alloy tubing. All exterior body corners will be 3.00" (76 mm) radius aluminum, corrosion resistant alloy 6061 extrusions. Spacing of the 2.00" (51 mm) vertical supports will not exceed 14.00" (356 mm) on center. The roof and corner extrusions will be reinforced with interconnecting gusset supports at all stress points. The body will be properly welded into a unitized construction. Proper reinforcing and supports will be utilized throughout the entire construction process to ensure strength and rigidity. The body will be supported by 2.00" (51 mm) x 2.00" (51 mm) x 0.25" (6 mm) wall aluminum tubing. The cross sill tubes will be spaced approximately 15.00" (381 mm) on center and interconnected to the body from front to rear. A 1.00" (25 mm) x 3.00" (76 mm) aluminum bar will be used as a stringer and will be welded to the cross sills. The stringer will be used to mount the body to the chassis frame rails. ROOF CONSTRUCTION The roof will be integral with the body construction. The roof will be constructed of 0.125" (3 mm) bright aluminum treadplate and supported by 2.00" (51 mm) square 0.125" (3 mm) wall tubing welded in place approximately 12.00" (305 mm) on center. The roof will be further reinforced with 2.00" (51 mm) square gussets welded approximately every 48.00" (1219 mm). The roof perimeters will be constructed of a 3.00" (76 mm) radius extrusion with an integral drip molding. The roof extrusion will also have an inset allowing the roof panel to be recessed into the extrusion giving further support and sealing effect at the outside edge. The roof panel will be welded to the roof extrusions and supports. All roof seams will be continuously welded. BODY AND COMPARTMENT SUPPORT The substructure for the body will not be integral with the body but will be a separate assembly. The bottom of each lower compartment floor will be supported by an under slung steel angle grid that will be bolted to the chassis frame rails with grade 8 bolts in order to transfer major stress to the chassis frame and not through the body. The under slung support will be constructed of 0.50" (13 mm) x 2.50" (64 mm) x 2.50" (64 mm) steel angle vertical supports. Horizontal members will be 0.38" (10 mm) x 2.00" (51 mm) x 3.00" (76 mm) and 0.38" (10 mm) x 2.50" (64 mm) x 3.50" (89 mm) steel angle. The complete substructure will be washed, primed and finish painted before being bolted to the chassis frame. A rubber coating will be applied over the painted under slung support structure for an additional corrosion barrier. A 3.00" (76 mm) x 0.75" (19 mm) rubber liner will be placed on top of the chassis frame rails. The liner will be used to prevent metal to metal contact where the body stringer rests on the chassis frame rails. The compartment floors will be bolted to the under slung substructure and the body will be secured to the chassis frame by a minimum of four (4) tie-down assemblies. Each tie-down assembly will consist of two (2) 2.00" (51 mm) x 6.25" (159 mm) x 0.75" (19 mm) steel plates and two (2) 14.00" (356 mm) long, 0.50" (13 mm) diameter steel rods. The tie-downs will be easily accessible so that the body may be removed. 0691089 SP 23.5' Body Length, 48.48.48.57.60, NWI, 100" Body BODY LENGTH The length of the body will be 284.00" (7,214 mm). 0656685 100" Body Width, NWI BODY WIDTH The width of the body will be 100.00". Compartment Depth Standard Depth All standard depth body compartments will measure 30.00" deep from the outside of the body to the rear compartment wall. The usable depth inside each side body compartment will be 28.00" deep. Transverse All transverse side body compartments will have a usable depth of 28.00" at the floor level. These compartments will extend over the frame rails through to the other side of the body. 0018374 98" Body Height, NWI BODY HEIGHT The height of the body will be 98.00" without any roof mounted options. 39780Bid #: 0654006 SP 98" Height, W/(3) Hatch & Recessed Walkway, NWI ROOF CONFIGURATION Hatch Compartments Three (3) hatch compartments of maximum equal length will be provided on each side of the body roof. The compartments will be 26.50" (673 mm) wide x 24.50" (622 mm) deep. All compartment doors will hinge on the outboard side and will be held open with gas cylinder struts. The outside walls of the compartments will be a double wall design to prevent equipment from denting the outside painted surface. A 1.00" (25 mm) diameter drain will be provided in each compartment floor and will be routed to drain below the body. A 4.00" (102 mm) diameter light will be mounted to the underside of each hatch door. The light will be recessed, rubber mounted, will have a diffuser lens and will have a shock protected bulb. The light will be wired to an automatic door switch and to the "open door" indicator light inside the cab. Recessed Walkway A recessed walkway will be centered on the roof between the hatch compartments. The walkway will not be less than 30.00" (762 mm) wide x 24.50" (622 mm) deep and will run the length of the body up to the recessed area. The walkway will be constructed of bright aluminum treadplate and reinforced with 0.125" (3 mm) thick, 2.00" (51 mm) square, aluminum tubing on 12.00" (305 mm) centers. The walkway treadplate will be formed up 90 degrees, at least 2.00" (51 mm) on each side, to form a double 0.125" (3 mm) vertical wall for a water tight seal. Two (2) 1.00" (25 mm) diameter drain holes will be provided in the walkway. The drains will be routed to drain below the body. A chrome plated hooded step light will be provided every 4.00' (1219 mm) in the walkway. The lights will be controlled by the step light switch on the rear bulkhead. 0692726 Doors, Gortite, Roll-up, Side Compartments SIDE COMPARTMENT ROLL-UP DOORS There will be ten (10) compartment doors installed on the side compartments, double faced, aluminum construction, painted one (1) color to match the lower portion of the body and manufactured by Gortite®. Lath sections will be an interlocking rib design and will be individually replaceable without complete disassembly of the door. Between each slat at the pivoting joint will be a PVC inner seal to prevent metal to metal contact and prevent dirt or moisture from entering the compartments. Seals will allow door to operate in extreme temperatures ranging from 180 to -40 degrees Fahrenheit. Side, top and bottom seals will be provided to resist ingress of dirt and weather and will be made of Santoprene. All hinges, barrel clips and end pieces will be nylon 66. All nylon components will withstand temperatures from 300 to -40 degrees Fahrenheit. Hardened plastic will not be acceptable. A polished stainless steel lift bar to be provided for each roll-up door. The lift bar will be located at the bottom of door and have latches on the outer extrusion of the doors frame. A ledge will be supplied over lift bar for additional area to aid in closing the door. The door(s) will be constructed from an aluminum box section. The exterior surface of each slat will be flat. The interior surfaces will be concave to provide strength and prevent loose equipment from jamming the door from inside. To conserve space in the compartment(s), the spring roller assembly will not exceed 3.00" in diameter. A rollup door that retracts below the compartment ceiling (garage door style) will not acceptable. The header for the rollup door assembly will not exceed 4.00". A heavy-duty magnetic switch will be used for control of open compartment door warning lights. 0041773 23.5' Body Roll Doors, 48.48.48.57.60, NWI EXTERIOR COMPARTMENTS The exterior compartment layout, dimensions and requirements will be minimum specifications. The doors will be able to withstand years of rugged service and wear. For this reason, the compartment door design, metal thickness and attachments will be strictly adhered to. The compartment will be constructed of .125" (3 mm)-corrosion resistant aluminum alloy, including all interior panels, floor and sides. The assemblies will be held inside fixtures while being welded. Compartment flooring will be of the sweep out design with the floor higher than the compartment door frame. All compartments will be supported on top, rear and bottom. The rear wall of each exterior compartment will be welded to the cross sills. Drip protection will be provided over all door openings with an integral roof extrusion or aluminum extrusion. WHEEL WELLS The rear fenders will be an integral part of the body sides and compartments. The inside of the fender will be fitted with a full circular inner fender liner. All screws and bolts, which protrude into a compartment, will have acorn nuts attached. 40780Bid #: 0676925 SP Left Forward Compt, 48" & 48" & 48", Roll, NWI, 100" Body LEFT FORWARD COMPARTMENTS First Compartment Located behind the cab will be the first compartment. The compartment dimensions will be 50.50" (1283 mm) wide x 66.88" (1699 mm) high. The compartment will be transverse, extending through to the other side of the body. The area over the frame rails will be 50.50" (1283 mm) wide x 49.25" (1251 mm) high. The compartment door frame opening will be 48.00" (1219 mm) wide x 64.00" (1626 mm) high. The compartment clear door opening will be 45.50" (1156 mm) wide x 58.00" (1473 mm) high. Second Compartment Located behind the first compartment will be the second compartment. The compartment dimensions will be 50.88" (1292 mm) wide x 66.88" (1699 mm) high. The compartment will be transverse, extending through to the other side of the body. The area over the frame rails will be 50.88" (1292 mm) wide x 49.25" (1251 mm) high. The compartment door frame opening will be 48.00" (1219 mm) wide x 64.00" (1626 mm) high. The compartment clear door opening will be 45.50" (1156 mm) wide x 58.00" (1473 mm) high. Third Compartment Located behind the second compartment, and ahead of the rear wheels, will be the third compartment. The compartment dimensions will be 50.88" (1292 mm) wide x 66.88" (1699 mm) high. The compartment will be transverse, extending through to the other side of the body. The area over the frame rails will be 50.88" (1292 mm) wide x 49.25" (1251 mm) high. The compartment door frame opening will be 48.00" (1219 mm) wide x 64.00" (1626 mm) high. The compartment clear door opening will be 45.50" (1156 mm) wide x 58.00" (1473 mm) high. Compartment Loading Each compartment will be capable of holding 1,100 lb (499 kg). The area over the frame rails in each compartment will be capable of holding an additional 1,000 lb (454 kg). 0011967 Left Over Wheel Compt, 57", Roll, Transverse, NWI LEFT OVER WHEEL COMPARTMENT A compartment will be provided above the rear wheels. The compartment will be provided with a full height roll-up door. Dimensions of Left Over Wheel Compartment Width Door Frame Opening: 57.00" wide; Clear Door Opening: 54.50" wide; Interior Compartment Width: 62.50" wide Height Door Frame Opening: 36.25" high; Clear Door Opening: 31.25" high; Interior Compartment Height: 39.13" high The compartment will be transverse, extending through to the other side of the body. The area over the frame rails will be 62.50" wide x 39.13" high. Compartment Loading The compartment will be capable of holding 1,200 lb. The area over the frame rails will be capable of holding an additional 1,000 lb. 0659293 SP Left Rear Compt, 60" Roll, Transverse, NWI LEFT REAR SIDE COMPARTMENT Located behind the rear wheels will be the left rear side compartment. The compartment dimensions will be 62.50" (1588 mm) wide x 66.88" (1699 mm) high. The compartment will be transverse, extending through to the other side of the body. The compartment door frame opening will be 60.00" (1524 mm) wide x 64.00" (1626 mm) high. The compartment clear door opening will be 57.50" (1461 mm) wide x 58.00" (1473 mm) high. Compartment Loading The compartment will be capable of holding 1,400 lb (636 kg). The area behind the frame rails will be capable of holding an additional 1,000 lb (454 kg). 0676917 SP Right Forward Compt, 48" & 48" & 48", Roll, NWI, 100" Body RIGHT FORWARD COMPARTMENTS First Compartment Located behind the cab will be the first compartment. The compartment dimensions will be 50.50" (1283 mm) wide x 66.88" (1699 mm) high. The compartment will be transverse, extending through to the other side of the body. The area over the frame rails will be 50.50" (1283 mm) wide x 49.25" (1251 mm) high. The compartment door frame opening will be 48.00" (1219 mm) wide x 64.00" (1626 mm) high. The compartment clear door opening will be 45.50" (1156 mm) wide x 58.00" (1473 mm) high. Second Compartment Located behind the first compartment will be the second compartment. The compartment dimensions will be 50.88" (1292 mm) wide x 66.88" (1699 mm) high. The compartment will be transverse, extending through to the other side of the body. The area over the frame rails will be 50.88" (1292 mm) wide x 49.25" (1251 mm) high. The compartment door frame opening will be 48.00" (1219 mm) wide x 64.00" (1626 mm) high. The compartment clear door opening will be 45.50" (1156 mm) wide x 58.00" (1473 mm) high. Third Compartment Located behind the second compartment, and ahead of the rear wheels, will be the third compartment. The compartment dimensions will be 50.88" (1292 mm) wide x 66.88" (1699 mm) high. The compartment will be transverse, extending through to the other side of the body. The area over the frame rails will be 50.88" (1292 mm) wide x 49.25" (1251 mm) high. The compartment door frame opening will be 48.00" (1219 mm) wide x 64.00" (1626 mm) high. The compartment clear door opening will be 45.50" (1156 mm) wide x 58.00" (1473 mm) high. Compartment Loading Each compartment will be capable of holding 1,100 lb (499 kg). The area over the frame rails in each compartment will be capable of holding an additional 1,000 lb (454 kg). 41780Bid #: 0013260 Right Over Wheel Compt, 57" Roll, Transverse, NWI RIGHT OVER WHEEL COMPARTMENT A compartment will be provided above the rear wheels. The compartment will be provided with a full height roll-up door. Dimensions of Right Over Wheel Compartment Width Door Frame Opening: 57.00" wide; Clear Door Opening: 54.50" wide; Interior Compartment Width: 62.50" wide Height Door Frame Opening: 36.25" high; Clear Door Opening: 31.25" high; Interior Compartment Height: 39.13" high The compartment will be transverse, extending through to the other side of the body. The area over the frame rails will be 62.50" wide x 39.13" high. Compartment Loading The compartment will be capable of holding 1,200 lb. The area over the frame rails will be capable of holding an additional 1,000 lb. 0659292 SP Right Rear Compartment, 60" Roll, Transverse, NWI RIGHT REAR SIDE COMPARTMENT Located behind the rear wheels will be the right rear side compartment. The compartment dimensions will be 62.50" (1588 mm) wide x 66.88" (1699 mm) high. The compartment will be transverse, extending through to the other side of the body. The compartment door frame opening will be 60.00" (1524 mm) wide x 64.00" (1626 mm) high. The compartment clear door opening will be 57.50" (1461 mm) wide x 58.00" (1473 mm) high. Compartment Loading The compartment will be capable of holding 1,400 lb (636 kg). The area behind the frame rails will be capable of holding an additional 1,000 lb (454 kg). 0659286 SP Rear Compt, Lap Lift Up, 28" Deep, 60" Xverse Side Compt, Rec. W/W, NWI REAR COMPARTMENT Located at the rear of the vehicle will be a compartment with a single lap style lift-up door. The lift-up door will be furnished with two (2) gas charged cylinders to assist in the opening of the door and to maintain the door in an open position. There will be a field adjustable three (3) position bracket mounted on the vertical side door opening that will allow the door to be held open at 87°, 90°, or 93°. The compartment dimensions will be 40.00" (1016 mm) wide x 67.00" (1702 mm) high x 28.00" (711 mm) deep. The compartment door frame opening will be 37.50" (953 mm) wide x 64.00" (1626 mm) high. The clear door opening will be 36.00" (914 mm) wide x 58.00" (1473 mm) high. Compartment Loading The compartment will be capable of holding 1,000 lb (454 kg). The area over the frame rails will be capable of holding an additional 2,000 lb (908 kg). Step Lights A recessed light switch will be provided on the rear bulkhead to control two (2) step lights installed over the rear step bumper. 0645531 SP MODIFICATION, Regulator, Change to 250 psi The existing regulator and gauges will be changed at pick up to operate to 250 psi. Existing components will be removed and the following will be added. Qty-1; EC010050 - Regulator, 0-400PSI High SCFM Qty-1; EC007359 - Valve, Relief 275PSI, 1/4" NPT Qty-3; EC031681T - Gauge, 0/300 PSI, 2.5" Dia Panel Mount 0008886 MODIFICATION, Delete Interior Divider Between Hatch Compartments NO DIVIDER IN HATCH COMPARTMENT The in the two forward hatch compartments where reels are mounted above D4 and P4 hatch compartment will not have a divider that separates it from the adjoining hatch compartment. 0503432 Audio/Video Network Not Provided 0615680 SP Base, Spitzlift Crane Mounting PORTABLE CRANE MOUNTING BASE A mounting kit will be provided for use with a Spitzlift portable crane. The mounting kit will consist of a 10.00" x 12.00" mounting base plate and a 26.00" high pivot base that allows the crane to pivot 360 degrees. The base plate will be bolted onto a specially reinforced section of the body. A total of one (1) mounting kit(s) will be provided for use with the portable crane(s). The mounting kit(s) will be installed DS rear. 0615694 SP Crane, Portable, Spitzlift LTD-424, 12V Winch PORTABLE CRANE A Spitzlift, Model LTD-424, 4' portable crane shall provided. The crane shall be provided with a 12V DC powered winch with 20' nylon webbing lifting strap and a 10' lanyard remote control. The crane shall have a maximum lifting capacity of 900 lb. The crane shall weigh approximately 40 lb. A total of one (1) portable crane(s) shall be provided. The crane(s) shall be stored DS rear. 0681950 Vent, in Hatch Compartment HATCH COMPARTMENT VENT An air vent will be installed into the inside wall of the specified hatch compartment. This vent will serve as an escape for fumes. 42780Bid #: 0021401 Stairway, Retractable, Recessed Walkway, Aluminum RETRACTABLE ALUMINUM STAIRWAY FOR ROOF ACCESS A retractable aluminum stairway will be provided to access the recessed walkway on the roof of the body. The stairway will stow inside the recessed walkway and will deploy off the rear of the body to create a safe and secure means of access from the ground to the recessed walkway. Before deploying the stairway the user must make sure that the apparatus is parked on a flat, stable surface in order to make sure the stairway has secure footing when the stairway is fully deployed.Once the user is assured of stable ground, the user may begin deploying the stairway. When deployed, the stairway will activate the "Do Not Move Truck" light when the parking brake is released. When stowed, the stairway will be held in place with a positive mechanical lock to prevent it from deploying during transit. The stairway will be approximately 144.00" long x 24.00" wide. Each step in the stairway will be 8.00" deep. The side rails of the stairway will be constructed of aluminum extrusions. Each step in the stairway will be constructed of an aggressive non-slip aluminum step surface. The stairway will be provided with fold down aluminum handrails that will deploy with the stairway to ensure a safe and easy climb and fold down for ease of storage. There will be supports provided at the top of the stairway to minimize handrail movement while the ladder is in use. The stairway will utilize hard plastic wheels with roller bearings that slide in aluminum tracks located on each side of the recessed walkway. A 12.00" long x 2.00" wide nylon pull strap provided at the rear to aid in deploying the ladder. 0004897 Rope Anchor, Pinnable, 9000 lb Rated, Part Only PINNABLE ROPE ANCHOR A chrome plated pinnable eyebolt will be provided for use with any 2.00" hitch receiver. The eyebolt will be rated for 9,000 lb straight pull. When the eyebolt is pinned into a hitch receiver tube with a rating that provides a no-yield condition with a straight line pull that equals or exceeds the rating of this part, the eyebolt will be capable of being used for rope rescue operations if used with properly rated equipment. A total of two (2) will be provided. 0629341 Rope Anchors, Pair, 9,000 lb Rating ROPE ANCHORS There will be one (1) pair of chrome plated steel eyebolts installed on the body to serve as rope anchor points. Each anchor will have an inside diameter of 2.00" (51 mm) and will be supported to provide a maximum of 9,000 lb (4,082 kg) no-yield condition with a straight line pull. Each pair of anchors will be installed in the following locations: One (1) on each side of the body in the upper corners at the rear of the body Second pair of rope anchors not requested Third pair of rope anchors not requested Stainless steel scuffplates will be provided behind each anchor point. 9000 lb Rope Anchor 0532786 Divider, Compt, Hatch Interior, Adjustable ADJUSTABLE HATCH COMPARTMENT DIVIDER An adjustable hatch divider made of .12" aluminum will be provided. The divider will be fastened to aluminum tracks on both sides of the hatch interior to allow front to back adjustment. A total of one (1) will be provided in the hatch compartment above RS5 to separate the Hurst hydraulic power unit from the rest of the hatch compartment. 0023359 Floor Extension, Compt FLOOR EXTENSION There will be a floor extension from the transversed area over the frame to the compartment door. The extension will have a 1.50" vertical lip and a return bend. The extension will be support by angles off the side partitions of the compartment. A total of three (3) will be provided and located LS4, LS5, RS4. 0544222 Rack, Extinguisher(s), Size STORAGE RACK FOR EXTINGUISHER(S) A storage rack will be provided RS5to hold two (2) spare extinguisher(s). The rack will be built to hold the extinguisher(s) 2 high in front of tool box. The rack will be constructed of 0.12" aluminum. The inside of the rack will be left unpainted while the outside of the rack will be painted the same color as the compartment it is installed in. Each storage slot will angle to the rear of the rack to hold the extinguisher from falling out. A rubber bumper will be provided on the rear wall of each slot to absorb the shock of the extinguisher being placed into position. A scuff tape material will be applied to the inside of each slot to reduce scratching the extinguisher. Protection will be provided on the edge of the rack to prevent damage while loading. The inside dimension of each extinguisher slot will be TBD. 43780Bid #: 0650973 Rack, SCBA Bottles, 7.00" x 7.00", Additional STORAGE RACK FOR SPARE SCBA BOTTLES A storage rack will be provided NINE (9) IN RS1 (3X3) to hold nine (9) spare SCBA bottles. The rack will be built to hold the bottles 3 x 3. The rack will be constructed of 0.12 inch aluminum. The inside of the rack will be left unpainted and the outside of the rack will be painted the same color as the compartment it is installed in. The storage slots will angle to the rear of the rack to hold the bottle from falling out. A rubber bumper will be provided on the rear wall of each slot to absorb the shock of the bottle being placed into position. A scuff tape material will be applied to the inside of the slots to reduce scratching the bottles. Protection will be provided on the edge of the rack to prevent damage while loading. The inside dimension of each bottle slot will be 7.00". 0004201 Rack, SCBA Bottles, 7.50" x 7.50"STORAGE RACK FOR SPARE SCBA BOTTLES A storage rack will be provided in B1 above the fill stations to hold six (6) spare SCBA bottles. The rack will be built to hold the bottles SIX (6) TO FIT AROUND THE FILL STATION CONTROL PANEL PER THE APPROVA DRAWING. THE 4 SLOTS IN THE UPPER ROW ARE TO HAVE NO BACKS SO THAT EXTRA LENGTH BOTTLES WILL FIT IN THEM. The rack will be constructed of 0.12" aluminum. The inside of the rack will be left unpainted and the outside of the rack will be painted the same color as the compartment it is installed in. Each storage slot will angle to the rear of the rack in order to minimize the chances of the bottle falling out. A rubber bumper will be provided on the rear wall of each slot to absorb the shock of the bottle being placed into position. Scuff tape material will be applied to the inside of the each slot to reduce scratching on the bottle. The inside dimension of each bottle slot will be 7.50" x 7.50". 0807384 Recess For Reel(s), In Hatch Compartment(s) w/Removable Cover RECESS FOR REEL(S) Accommodations will be provided to allow the reel(s) to be recessed into the hatch compartments through the top(s) of the body compartment(s) (reels priced separately). Each reel will be mounted so that it pays out into the compartment directly below the reel. A removable cover will be installed over the reel(s). If multiple reels are located adjacent to each other in one (1) hatch compartment, there will be one (1) cover provided that covers all the reels in that hatch compartment rather than an individual cover for each reel. The cover(s) will be finished to match the interior of the hatch compartment(s). A total of three (3) reels will be mounted in this manner in the following location(s): above RS2, RS3, & RS4 0049946 Cable Release, Tilt Tray, IAT Std Latches CABLE TRAY LATCH A cable release will be provided to allow single handed operation of the latches for tilt trays. A cable will connect the two (2) pull knobs so when you pull the cable from the center, it triggers the dual knobs and releases the tray. The cable will be plastic coated. A total of seven (7) will be provided LS5 forward of forward partition, 2 in LS3 upper, LS1 upper forward of partition, RS5 upper, RS3 upper, RS1 upper forward of partition.. 0794489 Bumper, Rear, Non-Walk-In 13.00" D REAR BUMPER A bumper will be provided at the rear of the body. The rear bumper will be constructed as an integral part of the rear body substructure with an aluminum treadplate deck mounted to the frame to provide a stepping surface. A 3.00" high kick plate constructed of aluminum treadplate will be provided on the bulkhead surfaces above the bumper. The bumper will be approximately 13.00" deep and as wide as possible. 0793822 Not Required, Water Tank, Rescue 0023410 Not Required, Overflow 0028107 Not Required, Foam Cell Modification 0553729 Not Required, Restraint, Water Tank, Heavy Duty 0013534 Not Required, Running Boards 0690026 Wall, Rear, Body Material REAR WALL, BODY MATERIAL The rear wall will be smooth and the same material as the body. 0003540 Tow Eyes (2) (Tanker/Rescue) TOW EYES There will be a total of two (2) painted tow eyes provided and mounted directly to the chassis frame rails at the rear of the apparatus. The inner and outer edges of the tow eyes will have a radius. 44780Bid #: 0019845 Guard, Drip Pan, S/S, Rollup Door DOOR GUARD There will be ten (10) compartment doors that will include a guard/drip pan designed to protect the roll-up door from damage when in the retracted position and contain any water spray. The guard will be fabricated from stainless steel and installed All compts. 0518559 Keyed Locks for Roll-Up Doors, Key Style 751 KEYED LOCK(S) A keyed lock will be furnished for one (1) compartment door. The compartmentation, to have a keyed lock, will be RS1. 0642304 Electric Door Locks, Body Doors, Gortite ELECTRIC DOOR LOCKS There will be one (1) door(s) located RS1 equipped with electric locks. The locks will be wired battery direct. The switch for control will be located location 14. In the event of loss of power, a manual override is available. 0689547 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, HDR COMPARTMENT LIGHTING There will be eleven (11) compartments with Pierce LED compartment light strips. The strips will be centered vertically along each side of the door framing. Any remaining compartments will include 6.00" diameter Truck-Lite, Model: 79384 light in each enclosed compartment. Each light will have a number 1076 one filament, two wire bulb. Opening the compartment door will automatically turn the compartment lighting on. 0606068 Lights, Hatch Compt, Pierce LED Strip Lights, HDR HATCH COMPARTMENT LIGHTING There will be an LED strip light mounted on the hinged side of the interior in each hatch compartment. Each light will be wired to an automatic door switch and to the "open door" indicator inside the cab. 0652247 Shelf, Adjustable, 500 lb Capacity, Standard Depth, HDR STANDARD DEPTH ADJUSTABLE SHELF An adjustable shelf will be provided. The shelf will be constructed of 0.188" thick aluminum with 2.00" high sides. The shelf will be provided painted nightspots. The shelf will be as deep as possible for a standard depth compartment, and as wide as possible for the specified mounting location. The shelf will be secured within the compartment by means of adjustable threaded fasteners. These fasteners will slide in an extruded aluminum track to provide height adjustment. The shelf will have a load capacity of 500 lb. A total of two (2) shelves will be provided LS1rearward of partition centered, RS1 rearward of partition centered. one in RS1 to rear of vertical divider to support air bottle rack in RS1. One in LS1 to rear of vertical divider.. 0804898 SP Shelf, Adj, Inverted, Down Turned Flanges, 2" Sides STANDARD DEPTH ADJUSTABLE INVERTED SHELF An adjustable shelf will be provided. The shelf will be constructed of 0.188" thick aluminum. The shelf will be provided with a finish that is painted nightspots. The shelf will be as deep as possible for a standard depth compartment, and as wide as possible for the specified mounting location. The shelf will present a flat top with downturned flanges on the left, right, font and rear sides of the shelf. The left, right, front, and rear sides of the shelf will measure 2.00" The shelf will be secured within the compartment by means of adjustable threaded fasteners. These fasteners will slide in an extruded aluminum track to provide height adjustment. The shelf will have a load capacity of 500 lb. A total of one (1) shelf will be provided RS1 upper. 0652269 Tray, 500 lb, Slide-out, 1-Way, Utility, Adj Height, 3" Sides, 1/2 Trans, HDR HALF DEPTH SLIDE-OUT UTILITY TRAY There will be two (2) slide-out trays provided for use in the transverse side body compartment(s). Each tray will be a utility style tray that is rated for up to 500 lb in the extended position. The bottom of each tray will be constructed of 0.19" thick aluminum while special aluminum extrusions will be utilized for the tray sides, ends and tracks. The corners will be welded. Each tray will be provided painted nightspots. Each tray will have 3.00" high sides, will be half the depth of the transverse compartment and will be as wide as possible for the designated mounting location. Each tray will be supported with a minimum of six (6) ball bearing rollers. Each tray will slide out two thirds (2/3) of its length in one (1) direction only. Automatic locks will be provided for both the in and out positions. The trip mechanism for the locks will be located at the front of each tray for ease of use with a gloved hand. The vertical location of each tray within the compartment will be adjustable. The tray(s) will be located One in RS3, One in RS5. 45780Bid #: 0652264 Tray, 500 lb, Slide-out, 2-Way, Utility, Adj Height, 3" Sides, Full Trans, HDR TRANSVERSE TWO (2) WAY SLIDE-OUT UTILITY TRAY There will be one (1) slide-out tray provided for use in the transverse side body compartment(s). Each tray will be a utility style tray that is rated for up to 500 lb in the extended position. The bottom of each tray will be constructed of 0.19" thick aluminum while special aluminum extrusions will be utilized for the tray sides, ends and tracks. The corners will be welded. Each tray will be provided painted nightspots. Each tray will have 3.00" high sides, will span the full depth of the transverse compartment and will be as wide as possible for the designated mounting location. Each tray will be supported with a minimum of six (6) ball bearing rollers. Each tray will slide out two thirds (2/3) of its length to either side of the apparatus. Automatic locks will be provided for both the in and out positions. The trip mechanism for the locks will be located at the front of each tray for ease of use with a gloved hand. The vertical location of each tray within the compartment will be adjustable. The tray(s) will be located RS1 / LS1. 0652262 Tray, 200 lb, Tilt/Slide-out, 30 Deg, Adj, 1/2 Trans, HDR HALF DEPTH SLIDE-OUT/TILT-DOWN TRAY There will be seven (7) slide-out trays provided for use in the transverse side body compartment (s). Each tray will be a slide-out/tilt down tray that is rated for up to 200 lb in the extended position. The bottom of each tray will constructed of 0.188" thick aluminum while special aluminum extrusions will be utilized for the tray sides, ends, and tracks. The corners will be welded to form a rigid unit. Each tray will be provided painted nightspots. The tray will have 3.00" high sides, will be half depth of the transverse compartment and will be as wide as possible for the specified mounting location. A spring loaded lock will be provided on each side at the front of the tray. Releasing the locks will allow the tray to slide out approximately two-thirds (2/3) of its length from the stowed position and tip 30 degrees down from horizontal. Each tray will be equipped with ball bearing rollers for smooth operation. Rubber padded stops will be provided for the tray in the extended position. The vertical position of each tray within the compartment will be adjustable. The tray(s) will be located LS5 forward of forward partition, 2 in LS3 upper, LS1 upper forward of partition, RS5 upper, RS3 upper, RS1 upper forward of partition.. 0646559 Tray, Floor Mounted, Utility, One Way Slide-Out, 500lb, 3" Sides, 1/2 Trans ONE WAY UTILITY SLIDE-OUT FLOOR MOUNTED TRAY There will be nine (9) floor mounted utility slide-out tray(s) provided LS5 rearward of rear partition, LS5 forward of forward partition, LS4 x3 equal width, RS5, RS4 x3 equal width, . Each tray will be rated for up to 500lb in the extended position. The tray(s) will be constructed of .19" thick aluminum for the tray bottom and special aluminum extrusions for the tray sides, ends and tracks. The corners will be welded. The finish will be painted nightspots. The tray will be 3.00" high x half the depth of the transverse compartment x as wide as possible for the compartment. The tray will be supported with a minimum of six (6) ball bearing rollers. The tray will slide out two thirds (2/3) of its length in one direction. Automatic locks will be provided for both the "in" and "out" positions. The trip mechanism for the locks will be located at the front of the tray for ease of use with a gloved hand. 0627823 Tray, Floor Mounted, Slide-Out, Standard Depth Compt, Low/Special Sides, HDR SLIDE-OUT FLOOR MOUNTED TRAY There will be three (3) floor mounted slide-out tray(s) provided LS1 forward of partition and rearward of partition, RS3 (forward of shoring box Mike Brown to provide dimensions).. A capacity rating will not be available on this tray due to a reduced side height being less than 2.00". The tray(s) will be constructed of .19" aluminum. The finish will be painted nightspots. The side height of the tray(s) will be as follows: Left side: 1.00" high Right side: 1.00" high Front: 1.00" high Rear: 1.00" high Each tray will be mounted on two (2) under mount, roller bearing type slides. Each slide will be rated at 250 lb with a factor of safety of two (2). To ensure years of dependable service the slides will be coated with a finish that is tested to withstand a minimum of 1,000 hours of salt spray per ASTM B117. To ensure years of easy operation, the slide will require no more than a 50 lb force for push-in or pull-out movement when fully loaded after having been subjected to a 40 hour vibration (shaker) test under full load. The vibration drive file will have been generated from accelerometer data collected from a heavy truck chassis driven over rough gravel roads in an unloaded condition. Proof of compliance will be provided upon request. Automatic locks will be provided for both the "in" and "out" positions. The trip mechanism for the locks will be located at the front of the tray for ease of use with a gloved hand. 46780Bid #: 0804955 SP Drawer Insert, CTECH, Four Drawers, Up To 48" Wide DRAWER INSERT A slide-out drawer insert will be installed RS5 forward of extinguisher rack. The drawer insert will not be in an enclosed cabinet. The clear dimensions starting at the top of the cabinet with the first drawer will be 2.00" with a face plate that is 3.00" high x 21.00" deep. The clear dimensions of the second drawer will be 3.75" with a face plate that is 4.00" high x 21.00" deep. The clear dimensions of the third drawer will be 5.75" with a face plate that is 6.00" high x 21.00" deep. The clear dimensions of the fourth drawer will be 8.00" high x 21.00" deep. Each drawer will be the same width and not exceed 48.00". The drawers will have a capacity of 250 pounds. A full-length aluminum extruded rail will be provided at the top edge of each drawer. This rail will act as the latching mechanism as well as the handle for each drawer. There will be a total of one (1) provided. 0648484 Toolboard, Slide-out,Alum,.188",Peg Board,w/6" Wide Adj Tray Underside,1/2 Trans HALF DEPTH SLIDE-OUT TOOLBOARD An aluminum toolboard will be provided for use in a transverse side body compartment. The toolboard will be constructed of 0.19" thick aluminum that is painted Nightspots 909017. The toolboard will be provided with 0.20" diameter holes in a pegboard pattern with 1.00" centers between holes. A 1.00" x 1.00" aluminum tube frame will be welded to the edge of the pegboard. The toolboard will be half the depth of the transverse compartment and will be designed to be as tall as possible to fit in the specified mounting location. The toolboard will be mounted inside a 6.00" wide x 3.00" high, utility style slide-out tray. The bottom of the tray will be constructed of 0.19" thick aluminum while special aluminum extrusions will be utilized for the tray sides, ends and tracks. The corners will be welded. The tray will be supported with a minimum of four (4) ball bearing rollers. The toolboard and tray will slide out two thirds (2/3) of its length in one (1) direction only. Positive locks will be provided for toolboard and tray assembly in both the stowed and extended positions. Additionally, the toolboard and tray assembly will be mounted on shelf type tracks to allow for side to side adjustment within the compartment. The toolboard will be rated for a maximum of 500 lb in the extended position. A total of Five (5) toolboard(s) will be provided. The toolboard(s) will be located three in LS4, 2 in RS4. 0726429 Partition, Vertical Compt, Transverse Compt, Aerials/HDRs PARTITION IN TRANSVERSE COMPARTMENT Four (4) partitions will be bolted in two 1/2 depth LS5 (16" from rear wall and 29" from rear wall). LS1/RS1 35.5" from forward wall. lengthwise in center of LS5/RS5 to separate the two compartments. Each partition will be the full vertical height of the compartment. 0726451 Partition, Vertical Compt VERTICAL COMPARTMENT PARTITION Two (2) partitions will be bolted in LS4 34" from rear wall, RS4 34" from rear wall,. Each partition will be the full vertical height of the compartment. 0539811 Box, Poly Tool TOOL BOX A tool box will be furnished. The outside size will be 23.00" long x 6.00" wide x 6.00" deep. The tool box will be black in color. Construction will be of .50" polypropylene plastic with joints and seams nitrogen welded. A cut out carrying handle will be provided on each end. There will be eight (8) provided. It will be located LS5 above 8 slot rack. 0539812 Box, Poly Tool, Additional TOOL BOX A tool box will be furnished. The outside size will be 24.00" long x 9.00" wide x 16.00" deep. The tool box will be black in color. Construction will be of .50" polypropylene plastic with joints and seams nitrogen welded. A cut out carrying handle will be provided on each end. There will be eight (8) provided. It will be located LS4 & RS4. 0554385 Box, Poly Tool, Special Size TOOL BOX A tool box will be furnished. The tool box will be black in color. The size will be TBD (Mike Brown to provide shoring box dimensions). Construction will be of .50" polypropylene plastic with joints and seams nitrogen welded. A cut out carrying handle will be provided on each end. There will be one (1) provided. It will be located RS3. 0044903 Netting, Retention 1.00" Nylon Strap, Side Fastened, 2.00" Box Pattern RETENTION NETTING Retention netting will be provided to retain compartment equipment from laying against the compartment door. The net(s) will be located LS3 & RS3 above false floor, 1' high (to restrain plywood. Each compartment door opening will be provided with a heavy black nylon webbing made of 1.00" nylon strap with a 2.00" box pattern. The nylon webbing will be fastened to one (1) side of the compartment in a fixed manner. The remaining sides will be secured with Lift-a-dot fastener (s). A total of two (2) will be provided. 47780Bid #: 0699887 Floor, Smooth Alum, Angled for Cribbing, Removeable STORAGE AREA FOR CRIBBING Smooth unpainted angled aluminum will be provided on the floor of two (2) compartment(s) located in LS5, LS3 compartment(s). This overlay is to be angled so that cribbing stored in this compartment will not work out to the door. Floor to be angled back from the door frame to the interior of the compartment. The front will be approximately 2.00" taller than the rear. 0606863 Rack, Equipment Storage, Individual Slot(s), Qty. EQUIPMENT STORAGE RACK A rack for storage of equipment will be installed within the Floor of LS5. The rack will contain eight (8) slot(s) oriented 8 in a horizontal row. The slot dimensions will be 6" x 6" x 26" . The rack will be fabricated of .125" aluminum, and will be finished to match the compartment interior. Nylon straps with Velcro® closures will be provided to hold the stored items in the rack. 0542060 Floor Extension, Compartment, 2.00" Downturned Lip, 0.18" Alum FLOOR EXTENSION There will be a compartment floor extension provided. The floor extension will extend from the area over the frame rails to within an inch of the compartment door. The floor extension will have a downward 2.00" vertical lip and a 1.00" return flange. The floor extension will be made of .18" thick aluminum. A total of six (6) will be provided and located LS5, LS4, LS3, RS5, RS4, RS3, . 0004016 Rub Rail, Aluminum Extruded, Side of Body RUB RAIL Bottom edge of the side compartments will be trimmed with a bright aluminum extruded rub rail. Trim will be 2.12" high with 1.38" flanges turned outward for rigidity. The rub rails will not be an integral part of the body construction, which allows replacement in the event of damage. 0510626 Fender Crowns, Rear, S/S, Wider Than Standard BODY FENDER CROWNS Stainless steel fender crowns will be provided around the rear wheel openings. These fender crowns must be wide enough to prevent splashing onto the body from the specified tires. A rubber welting will be provided between the body and the crown to seal the seam and restrict moisture from entering. A dielectric barrier will be provided between the fender crown fasteners (screws) and the fender sheet metal to prevent corrosion. 0519848 Not Required, Hose, Hard Suction, No Pump 0609286 Handrail, Extra - 15-20" Long, Hansen Tubing, Knurled Aluminum LED Backlit ADDITIONAL HANDRAIL Two (2) handrails, will be mounted each side of rear body compartment door. The handrails will be Hansen LED backlit knurled aluminum. The handrails will be lit with a red LED light. The handrails will be activated by the same means as the cab handrail light controls. Chrome plated end stanchions will support the handrail. Plastic gaskets will be used between end stanchions and any painted surfaces. Drain holes will be provided in the bottom of all vertically mounted handrails. 0044229 No Extension Ladder Req'd 0074231 No Roof Ladder Req'd 0074248 Not Required, Folding Ladder 0540739 Not Required, Rack, Equipment Storage, Rear Compt 0044067 Step, HDR Pull-Out Rear REAR PULLOUT STEP A pull-out and down (camper style) step will be installed below the tailboard step. The step surface when pulled out will lower 5.00" and will extend out from its nested position under the tailboard reducing the stepping distance from the ground to the top of the tailboard step. This step will be 8.00" deep and designed to fit in the mounting location. The stepping surface will be bright aluminum treadplate. Slotted side support pieces of the pull-out portion of step will be made out of .25" steel plate. The step will be mounted on the right side below the rear tailboard. 0518339 Not Required, Pump House, Rescue 48780Bid #: 0092531 Not Required, Pump House Structure 0796159 Not Required, Pump, Rescue 0012216 No Seal/Packing Required 0012690 Not Required, Trans, Pump 0669703 Not Required, Pumping Mode 0024484 Not Required, Pump Shift 0046295 Transmission Lock-up, Not Req'd, NO PUMP 0046296 Not Required, Auxiliary Cooling System, NO PUMP 0046283 Not Required, Transfer Valve, NO PUMP 0024513 Not Required, Intake Relief Valve 0046403 No Relief Valve Req'd, No Pump 0012336 No Pump Primer Req'd 0012816 Not Required, Pump Manuals 0090789 Not Required, Plumbing, No Pump 0046371 Not Required, No Plumbing or Foam System 0796254 No Main Inlet Required, Rescue No Pump 0584002 Not Required, Cap, Main Pump Inlet, No Side Inlet Caps Required, No Pump 0089389 No Valves, (No Pump) 0074685 Not Required, Inlet Installation 0064700 Not Required, Inlet Control 0055600 Not Required, Auxiliary Inlet, Left Side 0029147 Not Required, Inlet, Right Side 0681723 No Bleeder Valve, No Pump 49780Bid #: 0681730 Not Required, Tank to Pump, No Pump 0074900 Not Required, Tank Fill 0089394 Not Required, Outlet Control, No Pump 0551181 Not Required, Outlet, Left Side, Rescue 0055095 Not Required, Elbow, Left Side Outlets, 2.50" 0092570 Not Required, Outlets, Left Side Additional 0021143 Not Required, Outlet, Right Side 0021134 Not Required, Elbow, Right Side Outlets 0092571 Not Required, Outlets, Right Side Additional 0089584 Not Required, Elbow, Right Side Outlets, Additional 0046382 Not Required, Outlet, Large Diameter, No Pump 0007308 Not Required, Elbow, Large Diameter Outlet 0092572 Not Required, Outlet, Front 0092575 Not Required, Outlet, Rear 0045099 Not Required, Elbow, Rear Outlets 0092574 Not Required, Outlet, Rear, Additional 0728255 Not Required, Caps/Plugs for 1.00" to 3.00" Discharges/Inlets 0089391 Valve, Bleeder - None Req'd, (No Pump) 0029106 Not Required, Deluge Outlet 0029302 No Monitor Requested 0029304 No Nozzle Req'd 0029107 No Deluge Mount 0723726 Speedlay Module Not Required 0722432 Hose Restraint Not Required, No Speedlay Module 50780Bid #: 0723395 Speedlays, Not Required 0723394 Speedlays, Not Required 0519936 Not Required, 1.50" Crosslays, Rescue 0500535 Not Required, Hose Restraint, Crosslay 0029260 Not Required, Speedlays 0750536 Hose Restr, Spdly, Not Required, No Spdly 0046372 Not Required, Foam System, Pump, or Plumbing 0012126 Not Required, CAF Compressor 0552517 Not Required, Refill, Foam Tank 0042573 Not Required, Foam System Demonstration 0045465 Not Required, Foam Tanks 0091110 Not Required, Foam Tank Drain 0091079 Not Required, Foam Tank #2 0091112 Not Required, Foam Tank #2 Drain 0738072 Approval Dwg, Pump Panel(s), Not Required 0000261 Not Required, Pump Panel Layout 0030701 Not Required, Material, Pump Panels, No Panel 0046495 Not Required, Pump Access, No Pump 0002624 Not Required, No Chassis Engine Gauges @ Pump Panel 0046400 Throttle, Engine, Not Required, No Pump/Skid Pump 0892618 Not Required, Indicator Light, Pump Panel, No Pump or Skid Pump 0046378 Not Required, Gauges, Vac/Pressure, No Pump 51780Bid #: 0046375 Not Required, Gauges, No Pump 0035650 Not Required, Water Level Gauge 0006774 Not Required, Foam Level Gauge 0046280 Not Required, Light Shield, No Pump 0747460 Air Horns, (2) Hadley, 6" Round, eTone, UnderSlung Bumper AIR HORN SYSTEM Two (2) Hadley air horns will be recessed in the front bumper. A hole will be provided for each horn. The horn system will be piped to the air brake system wet tank utilizing 0.38" tubing. A pressure protection valve will be installed in-line to prevent loss of air in the air brake system. 0606835 Location, Air Horns, Bumper, Each Side, Outside Frame, Outboard (Pos #1 & #7) Air Horn Location The air horns will be located on each side of the bumper, towards the outside. 0757092 Control, Air Horn, Multi Select Air Horn Control The air horn(s) will be activated by the following: 0757076 Control, Air Horn, Lanyard, RS Right side lanyard. The lanyard to be a plastic coated braided cable. 0757077 Control, Air Horn, Lanyard, LS Left side lanyard. The lanyard to be a plastic coated braided cable. 0006133 Siren, Code 3 3692 100W or 200W ELECTRONIC SIREN A Code 3®, Model 3692, electronic siren with noise canceling microphone will be provided. This siren to be active when the battery switch is on and the emergency master switch is on. 0510206 Location, Elect Siren, Recessed Overhead In Console Electronic siren head will be recessed in the passenger side inside switch panel. 0076156 Control, Elec Siren, Head Only The electronic siren will be controlled on the siren head only. No horn button or foot switches will be provided. 0791125 Speaker, (1) Code 3, C3100 Series, Mounted Behind Bumper, 100 watt SPEAKER There will be one (1) Code 3®, Model C3100 speaker provided. The speaker will be connected to the siren amplifier. 0678617 Location, Speaker, Frt Bumper, Recessed, Right and Left Side Corners There will be one (1) speaker recessed in the passenger side and one (1) speaker recessed in the driver side of the front bumper. The speakers will be located in the angled corner area of the bumper. 0895310 Siren, Federal Q2B AUXILIARY MECHANICAL SIREN There will be a Federal Signal Model Q2B mechanical siren furnished and installed in the front of the apparatus. The Q2B will be chrome finish. The siren will have a 2-gauge cable connected to a power solenoid that is connected by a 2- gauge cable ran battery direct to the primary chassis batteries and will be labeled Q2B+ at the battery. The power solenoid will only be enabled when the emergency master switch is on. The siren will have a 2-gauge ground wire connected to the chassis battery stud. The cable will be labeled Q2B- at the battery. 0006095 Siren, Mechanical, Mounted Above Deckplate The mechanical siren will be mounted on the bumper deck plate. It will be mounted on the left side. A reinforcement plate will be furnished to support the siren. 0748305 Control, Mech Siren, Multi Select MECHANICAL SIREN CONTROL The mechanical siren will be activated by the following: 52780Bid #: 0729539 Control Mech Siren, Rocker Momentary On, Brake LS The siren will be controlled by a 3-position rocker switch located in the cab on the left side switch panel. The switch will control the siren per the following: The momentary top position will activate the mechanical siren. The home middle position will be neutral. The momentary bottom position will apply the mechanical siren brake. 0895055 Control Mech Siren, Ft Sw RS, Interlock Right side foot switch. The control to be available when the parking brake is released. 0726839 Sw, Siren Brake, Momentary Red Rocker, Location, Hardwire A momentary red rocker switch will be included in the over DS head to activate the siren brake. 0740391 Sw, Siren Brake, Momentary Chrome Push Button, RS A momentary chrome push button switch will be included in the right side dash panel to activate the siren brake. 0811625 Control System, Supplier Based, Electrical Wln CenCom Core C399 HW CCCo WARNING SYSTEM CONTROL There will be a Whelen®, CenCom CORE™ WeCanX™ warning system control provided. The system will be a microprocessor based system that utilizes a centralized means of controlling the warning lighting on the vehicle. The system will include a photocell mounted in a location in the cab with a clear view of the ambient light to sense external ambient light. The warning system controlled warning lighting will be controlled as following: When in respond mode (high ambient light): When the emergency master switch is active, the associated warning light switch is activated, and the parking brake is released, and the vehicle is in high ambient light conditions, the warning light control system will change the flash pattern to LONG FLASH 75 RANDOM flash with high intensity light output. When in respond mode (low ambient light): When the emergency master switch is active, the associated warning light switch is activated, and the parking brake is released, and the vehicle is in low ambient light conditions, the warning light control system will change the flash pattern to SIGNAL ALERT 75 ALTERNATING flash with high intensity light output. When in blocking mode (high ambient light): When the emergency master switch is active, the associated warning light switch is activated, and the parking brake is applied, and the vehicle is in high ambient light conditions, the warning light control system will change the flash pattern to SINGLE FLASH 75 ALTERNATING flash with high intensity light output. When in blocking mode (low ambient light): When the emergency master switch is active, the associated warning light switch is activated, the parking brake is applied, and the vehicle is in low ambient light conditions, the warning light control system will enter the Whelen® Dynamic Variable Intensity (DVI) mode. DVI mode lowers warning light output intensity and creates a "calming" effect by slowing flash rates and synchronizing warning light flash patterns. 0734625 Control, Warning Lt Intensity, Wln, Photocell, Prk Brk SWITCH FOR WARNING LIGHTS INTENSITY When parking brake is set, and a Whelen®, Model LCPHOTO photocell installed on the interior forward cab dash as near to the windshield as practical, is activated due to diminished ambient light, the designated Whelen® warning lights on the cab and the warning lights on the body will transition to a low power intensity. In order for the activation of low power mode of the warning lights, the dash mounted Whelen® photocell must sense diminished ambient light (approx. 50 LUX), the battery switch, the ignition switch, the emergency master switch, must be on, and the parking brake set. The low power intensity mode will be reset when any of the above conditions are not met. 53780Bid #: 0721598 SP Lightbar, Wln, Frdm Q WCX, 81", RRRRWRRROptRRRWRRRR, CCCo FRONT ZONE UPPER WARNING LIGHTS There will be one (1) 81.00" Whelen® Model VWCX1 lightbar mounted on the cab roof. A photo cell will be installed in the light bar that senses ambient light. The lightbar will include the following: One (1) red flashing LED module in the left side rear corner position. One (1) red flashing LED module in the left side end position. One (1) red flashing LED module in the left side front corner position. One (1) red flashing LED module in the left side first front position. One (1) red flashing LED module in the left side second front position. One (1) white flashing LED module in the left side third front position. One (1) red flashing LED module in the left side fourth front position. One (1) red flashing LED module in the left side fifth front position. One (1) red flashing LED module in the left side sixth front position. One (1) 795 LED traffic light controller set to national standard high priority in the center positions. One (1) red flashing LED module in the right side sixth front position. One (1) red flashing LED module in the right side fifth front position. One (1) red flashing LED module in the right side fourth front position. One (1) white flashing LED module in the right side third front position. One (1) red flashing LED module in the right side second front position. One (1) red flashing LED module in the right side first front position. One (1) red flashing LED module in the right side front corner position. One (1) red flashing LED module in the right side end position. One (1) red flashing LED module in the right side rear corner position. There will be clear lenses included on the lightbar. The following switches may be installed in the cab on the switch panel to control the lightbar: a switch to control the flashing LED modules. the traffic light controller will be by a cab switch with emergency master control. there will be no momentary switch to activate the traffic light controller. The white LEDS and traffic light controller will be disabled when the parking brake is applied. These lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. An integrated photocell to measure ambient light will be installed in the cab with a clear view of the sky. 0641779 Bracket, Lightbar, Forward Offset, FR Raised Roof Cab LIGHTBAR MOUNTING BRACKETS There will be a pair of lightbar mounting brackets that will move the lightbar forward of the normal position on the cab roof to allow additional lightbars to be mounted between the main lightbar and the raised roof. These brackets will be made of 12 gauge steel, and painted black. 0887345 SP Lightbars, Wln, Freedom IV- WCXF4MINI, 2-21.5", RRWRR RRWRR, CCCo SIDE WARNING LIGHTS There will be two (2) Whelen®, Freedom IV WeCanX™ LED lightbars, 21.50" long, mounted on the roof, one (1) on each side, over the cab doors. Each lightbar will include the following: One (1) red flashing LED module in the rear end position. One (1) red flashing LED module in the outside rear corner position. One (1) white flashing LED module in the rear outside position. One (1) red flashing LED module in the front outside position. One (1) red flashing LED module in the outside front corner position. There will be clear lenses included on the lightbar. These light bars will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. There will be a switch in the cab on the switch panel to control the lightbars. The white LEDs will be disabled when the parking brake is applied. 0731884 Lights, Front Zone, Wln M6**S, Q Bezel 4Lts CCCo CAB FACE WARNING LIGHTS There will be four (4) Whelen®, Model M6**, 4.31" high x 6.75" wide x 1.37" deep flashing LED warning lights installed on the cab face, above the headlights, mounted in a common bezel. The left side outside warning light to include red LEDs The left side inside warning light to include red LEDs The right side inside warning light to include red LEDs The right side outside warning light to include red LEDs The warning light lens color(s) to be clear The housing to be polished and the trim shall be chrome There will be a switch located in the cab, on the switch panel, to control the lights. The flash pattern of the lights will be controlled through the supplier based electrical control system. 0757440 Light, Front, Roto Ray 4000W, PAR46 LED, 2-R, 1-W, Hidden Mt Top Section Grl ROTO RAY LIGHT There will be one (1) Roto Ray, Model 4000W rotating warning light provided on the front of the cab mounted through the top section of the front grille. This warning light will include the following: Two (2) PAR46 lights with red LEDs and clear lenses One (1) PAR46 light with white LEDs and a clear lens There will be a switch in the cab on the switch panel to control this light. The rotation motor and the warning lights will be deactivated when the parking brake is applied. 0895940 Lights, Side Zone Lower, Wln, Separated into Front, Middle, Rear 54780Bid #: 0804494 Lights, Side Zone Lower Front, Wln M6D#, CCCo SIDE ZONE LOWER FRONT WARNING There will be two (2) Whelen®, DUO™ Model M6D#, 4.31" high x 6.75" long x 1.37" deep two color LED warning lights with chrome trim and clear lenses, installed per the following: There will be one (1) each side on the bumper extension. The left side front light to included red and white flashing LEDs . The right side front light to include red and white flashing LEDs . The lights will be set to steady burn. These lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. There will be a switch in the cab on the switch panel to control the lights. Any white LED's will be disabled when the parking brake is applied. 0804496 Lights, Side Zone Lower Middle, Wln M6D#, CCCo SIDE ZONE LOWER MIDDLE WARNING There will be two (2) Whelen®, DUO™ Model M6D#, 4.31" high x 6.75" long x 1.37" deep two color LED warning lights with chrome trim and clear lenses, installed per the following: There will be one (1) each side of cab rearward of crew cab doors. The left side middle light to include red and white flashing LEDs. The right side middle light to include red and white flashing LEDs. The lights will be set to steady burn. These lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. There will be a switch in the cab on the switch panel to control the lights. Any white LED's will be disabled when the parking brake is applied. 0807294 Lights, Side Zone Lower Rear, Wln M6V2**, CCCo SIDE ZONE LOWER REAR WARNING There will be two (2) Whelen®, Model M6V2**, 4.30" high x 6.70" wide x 2.50" deep LED warning and scene lights with chrome trim installed per the following: There will be one (1) each side, centered above rear wheels. The left side, side rear light to include red warning LEDs. The right side, side rear light to include red warning LEDs. The warning light lens color(s) to be clear . These lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. The warning light portion of the M6V2* warning/scene lights will be set to steady burn pattern #32. The scene LEDs will be activated by a switch at the driver's side switch panel and when the left directional signal is activated, the left scene lights will activate. When the right directional signal is activated, the right scene lights will activate. There will be a switch in the cab on the switch panel to control the lights. 0896616 Lights, Door Interior Flash, 4 Dr Cab, Weldon 8401-0000-20 Strip Light INTERIOR CAB DOOR WARNING LIGHTS There will be four (4) Weldon, Model 8401-0000-20, 16" long x 3/4" High x 5/8" deep amber 12 volt DC LED flashing strip lights provided. One (1) light on the left side cab door. One (1) light on the right side cab door. One (1) light on the right side crew cab door. One (1) light on the left side crew cab door. Each light will be located over the door window.. Each light will be activated when the battery switch is on, respective door is opened and no other controls are on. Each light will be installed so the flash pattern directs traffic away from the doors. 0815847 Connectors, Door Interior Flash, All Cabs, Weatherproof ELECTRICAL CONNECTORS FOR WARNING LIGHTS The lights shall be installed with a weatherproof insulated crimped connectors in order to provide ease of connection/disconnection of the circuit applied to. 0662391 Lights, Side, Wln WIONSMCD Split R/W LED, Chrome Flng,Mnt In Rub Rail 1st SIDE WARNING LIGHTS There will be six (6) Whelen, Model WIONSMCD split red/white LED light(s) provided and located in the body rub rails Center of each rub rail Total 6. The lights will only be mounted with the rubber gasket if clearance allows it. The lens color will be clear. Each light will be provided with a chrome plated ABS flange. The light(s) will be activated with the side warning switch. 0734473 SP Lights, Door Interior Flash, Cab Compt, Weldon 8401-0000-20 LED, Strip Lt INTERIOR CAB COMPARTMENT DOOR WARNING LIGHTS There will be two (2) Weldon Model 8401-0000-20, 0.75" high x 16.00" wide x 0.62" deep light strips with amber flashing in a sequencing out pattern provided on the crew cab compartment door(s) located, on the INTERIOR of the LS and RS exterior EMS cabinet doors. The light(s) will be activated when the battery switch is on and the respective door is open. 55780Bid #: 0807350 SP Lights, Side, Wln M6D#, CCCo, 1st SIDE WARNING LIGHTS There will be four (4) Whelen®, DUO™ Model M6D#, 4.31" high x 6.75" long x 1.37" deep two color LED flashing warning light(s) with chrome trim and clear lens(es), provided a pair rear of the crew cab door inline with the side warning light on the front bumper. Put the second pair on the front bumper on the angled portion. Match J#33243. The light(s) to include red and white LEDs. These light(s) will be activated with the emergency master. The warning lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. White LEDs will be disabled when the parking brake is applied. 0803815 SP Lights, Side, Wln M9D#, CCCo, 1st SIDE WARNING LIGHTS There will be two (2) Whelen®, DUO™ Model M9D#, 6.50" high x 10.40" wide x 1.40" deep, two color LED flashing warning light(s) with chrome trim and clear lens(es), provided 2 on each side of the body in the upper area spaced half way between the front and middle floodlights and halfway between the rear and middle floodlights ref J#26472. The light(s) to include red and white LEDs. These light(s) will be activated with the emergency master. The light(s) will be set to pattern #26 steady. The warning lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. White LEDs will be disabled when the parking brake is applied. 0727126 Lights, Rear Zn Lwr, Wln M6**S, For Tail Lt Housing CCCo REAR ZONE LOWER LIGHTING There will be two (2) Whelen®, Model M6**S, 4.31" high x 6.75" wide x 1.37" deep flashing LED warning lights located at the rear of the apparatus included in the tail light housings. The left side rear warning light to include red LEDs. The right side rear warning light to include red LEDs. The warning light lens color(s) to be clear. The flash pattern of the lights will be controlled through the supplier based electrical control system. There will be a switch in the cab on the switch panel to control the lights. 0898488 SP Lights, Rear, Wln M6**S LED, 1st, CCCo REAR WARNING LIGHTS There will be two (2) Whelen®, Model M6**S, steady burn LED warning lights and chrome trim provided at the rear of the apparatus, This light will go on the inside rear portion of lift up door on B1 so that when the door is open the amber light will flash for visibility. The light(s) to include amber flashing LEDs. The warning light lens color(s) to be clear. These light(s) will be controlled with the emergency master. These lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. 0721762 Lights, Rear Zn Upr, Wln M6*CS 6Lts, CCCo REAR AND SIDE ZONE UPPER WARNING LIGHTS There will be six (6) Whelen®, Model M6*CS, 5.31" high x 6.75" wide x 1.37" deep steady burn LED warning lights with clear lenses and chrome trim provided per the following: One (1) light on the left side, side of the apparatus as high and close to the rear as practical. The side upper rear light on the left side to include red flashing LEDs. One (1) lights on the left side, rear of the apparatus as high and close to the outside as practical. The rear upper light on the left side to include red flashing LEDs. One (1) light on the left side, rear of the apparatus as high and close to the first light as practical. The rear middle light on the left side to include red LEDs. One (1) light on the right side, rear of the apparatus as high and close to the first light as practical. The rear middle light on the right side to include red LEDs. One (1) light on the right side, rear of the apparatus as high and close to the outside as practical. The rear upper light on the right side to include amber flashing LEDs. One (1) light on the right side, side of the apparatus as high and close to the rear as practical. The side upper rear light on the right side to include amber flashing LEDs. These lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. There will be a switch located in the cab on the switch panel to control the lights. 0898688 Light, Rear Zone Up Block, Wln M9**S, 2lts, CCCo REAR UPPER ZONE BLOCKING LIGHTS There will be two (2) Whelen®, Model M9**S, 6.50" high x 10.37" long x 1.37" deep steady burn LED warning lights with chrome trim provided at the rear of apparatus at a level of 62.00" or higher, Each side high on rear of body per the following: The rear upper light on the left side to include red flashing LEDs. The rear upper light on the right side to include red flashing LEDs. The warning light lens color(s) to be clear. These lights will be controlled utilizing the microprocessor based Whelen® CenCom CORE™ system. These will activate when the emergency master switch is on, and the parking brake is applied. 56780Bid #: 0762435 Light, Traffic Directing, Wln TAL85, 46.87" Long LED, Lens Feature TRAFFIC DIRECTING LIGHT There will be one (1) Whelen® Model TAL85 46.87" long x 2.87" high x 2.25" deep, amber LED traffic directing light installed at the rear of the apparatus. The lens color will be clear. The control head will be included with this installation. The control head will be energized when the battery switch is on. The auxiliary flash to be activated when the parking brake is applied. 0529861 Location, Traf Dir Lt, Surface Mounted Over Rear Door with Treadplate Box This traffic directing light will be surface mounted over the rear door, inside a treadplate box at the rear of the apparatus as high as practical. 0529642 Location, Traf Dir Lt Controller, Overhead Switch Panel DS Left End The traffic directing light control head will be located in the driver side overhead switch panel in the left panel position. 0006646 Electrical System, 120/240VAC, General Design ELECTRICAL SYSTEM GENERAL DESIGN for ALTERNATING CURRENT The following guidelines will apply to the 120/240 VAC system installation: General Any fixed line voltage power source producing alternating current (ac) line voltage will produce electric power at 60 cycles plus or minus 3 cycles. Except where superseded by the requirements of the current edition of applicable NFPA standards, all components, equipment and installation procedures will conform to NFPA 70, National Electrical Code (herein referred to as the NEC). Line voltage electrical system equipment and materials included on the apparatus will be listed and installed in accordance with the manufacturer's instructions. All products will be used only in the manner for which they have been listed. Grounding Grounding will be in accordance with Section 250-6 "Portable and Vehicle Mounted Generators" of the NEC. Ungrounded systems will not be used. Only stranded or braided copper conductors will be used for grounding and bonding. An equipment grounding means will be provided in accordance with Section 250-91 (Grounding Conductor Material) of the NEC. The grounded current carrying conductor (neutral) will be insulated from the equipment grounding conductors and from the equipment enclosures and other grounded parts. The neutral conductor will be colored white or gray in accordance with Section 200-6 (Means of Identifying Grounding Conductors) of the NEC. In addition to the bonding required for the low voltage return current, each body and driving or crew compartment enclosure will be bonded to the vehicle frame by a copper conductor. This conductor will have a minimum amperage rating of 115 percent of the nameplate current rating of the power source specification label as defined in Section 310-15 (amp capacities) of the NEC. A single conductor properly sized to meet the low voltage and line voltage requirements will be permitted to be used. All power source system mechanical and electrical components will be sized to support the continuous duty nameplate rating of the power source. Operation Instructions that provide the operator with the essential power source operating instructions, including the power-up and power-down sequence, will be permanently attached to the apparatus at any point where such operations can take place. Provisions will be made for quickly and easily placing the power source into operation. The control will be marked to indicate when it is correctly positioned for power source operation. Any control device used in the drive train will be equipped with a means to prevent the unintentional movement of the control device from its set position. A power source specification label will be permanently attached to the apparatus near the operator's control station. The label will provide the operator with the following information: Rated voltage(s) and type (ac or dc) Phase Rated frequency Rated amperage Continuous rated watts Power source engine speed Direct drive (PTO) and portable generator installations will comply with Article 445 (Generators) of the NEC. Overcurrent protection The conductors used in the power supply assembly between the output terminals of the power source and the main over current protection device will not exceed 144.00" (3658 mm) in length. For fixed power supplies, all conductors in the power supply assembly will be type THHW, THW, or use stranded conductors enclosed in nonmetallic liquid tight flexible conduit rated for a minimum of 194 degree Fahrenheit (90 degrees Celsius). For portable power supplies, conductors located between the power source and the line side of the main overcurrent protection device will be type SO or type SEO with suffix WA flexible cord rated for 600-volts at 194 degrees Fahrenheit (90 degrees Celsius). Wiring Methods Fixed wiring systems will be limited to the following: Metallic or nonmetallic liquid tight flexible conduit rated at not less than 194 degrees Fahrenheit (90 degrees Celsius) or Type SO or Type SEO cord with a WA suffix, rated at 600 volts at not less than 194 degrees Fahrenheit (90 degrees Celsius) Electrical cord or conduit will not be attached to chassis suspension components, water or fuel lines, air or air brake lines, fire pump piping, hydraulic lines, exhaust system components, or low voltage wiring. In addition the wiring will be run as follows. Separated by a minimum of 12.00" (305 mm), or properly shielded, from exhaust piping Separated from fuel lines by a minimum of 6.00" (152 mm) distance 57780Bid #: Electrical cord or conduit will be supported within 6.00" (152 mm) of any junction box and at a minimum of every 24.00" (610 mm) of continuous run. Supports will be made of nonmetallic materials or corrosion protected metal. All supports will be of a design that does not cut or abrade the conduit or cable and will be mechanically fastened to the vehicle. Wiring Identification All line voltage conductors located in the main panel board will be individually and permanently identified. The identification will reference the wiring schematic or indicate the final termination point. When prewiring for future power sources or devices, the unterminated ends will be labeled showing function and wire size. Wet Locations All wet location receptacle outlets and inlet devices, including those on hardwired remote power distribution boxes, will be of the grounding type provided with a wet location cover and installed in accordance with Section 210-7 "Receptacles and Cord Connections" of the NEC. All receptacles located in a wet location will be not less than 24.00" (610 mm) from the ground. Receptacles on off-road vehicles will be a minimum of 30.00" (762 mm) from the ground. The face of any wet location receptacle will be installed in a plane from vertical to not more than 45 degrees off vertical. No receptacle will be installed in a face up position. Dry Locations All receptacles located in a dry location will be of the grounding type. Receptacles will be not less than 30.00" (762 mm) above the interior floor height. All receptacles will be marked with the type of line voltage (120-volts or 240-volts) and the current rating in amps. If the receptacles are direct current, or other than single phase, they will be so marked. Listing All receptacles and electrical inlet devices will be listed to UL 498, Standard for Safety Attachment Plugs and Receptacles, or other appropriate performance standards. Receptacles used for direct current voltages will be rated for the appropriate service. Electrical System Testing The wiring and associated equipment will be tested by the apparatus manufacturer or the installer of the line voltage system. The wiring and permanently connected devices and equipment will be subjected to a dielectric voltage withstand test of 900-volts for one (1) minute. The test will be conducted between live parts and the neutral conductor, and between live parts and the vehicle frame with any switches in the circuit(s) closed. This test will be conducted after all body work has been completed. Electrical polarity verification will be made of all permanently wired equipment and receptacles to determine that connections have been properly made. Operational Test per Current Edition NFPA Standard The apparatus manufacturer will perform the following operation test and ensure that the power source and any devices that are attached to the line voltage electrical system are properly connected and in working order. The test will be witnessed and the results certified by an independent third-party certification organization. The prime mover will be started from a cold start condition and the line voltage electrical system loaded to 100 percent of the nameplate rating. The power source will be operated at 100 percent of its nameplate voltage for a minimum of two (2) hours unless the system meets category certification as defined in the current edition of applicable NFPA standards. Where the line voltage power is derived from the vehicle's low voltage system, the minimum continuous electrical load as defined in the current edition of applicable NFPA standards will be applied to the low voltage electrical system during the operational test. 0888995 Generator, MagnaPlus, 80kW Continuous, 120/240Vac, 60Hz, 3 Phase, PTO GENERATOR There will be a Marathon Electric, MagnaPlus, Model 362PSL3126, chassis frame mounted generator driven by a power takeoff (PTO) attached to the side of the chassis engine transmission. Generator Specifications: Continuous Duty Rating: 80,000 watts 120/240Vac, Four (4) wire (L1,L2,L3,N) plus ground, Delta configured Phase: 120Vac, Single (1) / 240Vac, Three (3) Nominal Cycles: 60 hertz Nominal Amp Rating: 481 at 120 volts, 240 at 240 volts Generator Drive and Control The generator will be operable via a shift control located inside the cab only after the chassis parking brake control is in the park position, the generator PTO transmission has made a complete shift and the truck transmission is in neutral. An indicator light will be provided to note engagement. The output of the generator will be controlled by an electronic engine governor. Engine Speed at Engagement: Idle Engine Speed Engaged: 1132/1374 rpm range Generator Rpm: 1800 rpm Instrumentation Generator / engine gauges and indicators will be flush mounted in an appropriately sized electrical panel near the load center. All instruments used will be accurate within +/- two (2) percent. The following gauges and indicators will be installed in the panel: One (1) Voltmeter Three (3) Ammeters One (1) Frequency Meter One (1) Hour Meter One (1) "Power On" Green Indicator Light One (1) PTO Engagement Indicator Light Two (2) Fuse Holders: With two (2) amp fuses for gauge protection Check engine indicator and alarm Check transmission indicator and alarm Display engine monitor,J1939 58780Bid #: 0016645 Location, PTO Generator, Between the Frame Rails GENERATOR LOCATION The generator will be mounted under the body between the frame rails. 0016752 Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl GENERATOR START There will be a switch provided on the cab instrument panel to engage the generator. 0016757 Not Required, Remote Start, Generator 0016740 Not Required, Fuel System 0016767 Not Required, Oil Drain Extension, Generator 0036738 Circuit Breaker Panel, Included With PTO Generator CIRCUIT BREAKER PANEL The circuit breaker panel will be located high on the left wall of compartment LS2. 0092381 Guard, Splash Guard for PTO Generator Between the Frame Rails, Stainless Steel GENERATOR SPLASH GUARD A stainless steel splash guard will be installed to reduce the amount of road spray on a frame mounted PTO generator. 0016771 Not Required, Routing Exhaust, Generator 0066627 Reel, Elect Cable, Hannay, 1600, (4) Wire ELECTRIC CORD REEL Furnished with the AC electrical system will be a Hannay, Series 1600, cord reel wired for a four (4) conductor cord. The reel will be provided with a 12-volt electric rewind switch that is guarded to prevent accidental operation and labeled for its intended use. The push button switch will be protected with a fuse and installed at a height not to exceed 72.00" above the operators standing position. The exterior finish of the reel(s) will be painted #269 gray from the reel manufacturer. A Nylatron guide to be provided to aid in the payout and loading of the reel. A ball stop will be provided to prevent the cord from being wound on the reel. A label will be provided in a readily visible location adjacent to the reel. The label will indicate current rating, current type, phase, voltage and total cable length. A total of four (4) cord reels will be provided one (1) over compartment P3 in the hatch compartment, one (1) over compartment LS3 in the hatch compartment, forward, one (1) over compartment LS3 in the hatch compartment, rearward and one (1) over compartment RS3 in the hatch compartment. 0086632 Cord, Electric, 10/4 Yellow, 4 Wire CORD Provided for electric distribution will be four (4) lengths, one (1) for each reel, of 200 feet of yellow 10/4 electrical cord. A Hubbell L14-20, 20 amp, 120/240 volt, twist lock connector body will be installed on the end of the cord. 0780360 Receptacle Strip, 20A 120V 6-Place, Interior Cab POWER OUTLET STRIP There will be two (2) receptacle strip(s) with six (6) 20 amp 120 volt AC straight blade receptacles provided mount high in each EMS compartment in the crew cab. The strip(s) selected will be powered from the shoreline inlet through a receptacle located adjacent to the strip(s). There will be a label installed near the strip(s) that state the following: Line Voltage Current Ratting (amps) Phase Frequency 0025566 Receptacle, 20A 240V 3-Pr 3-Wr SB, 6-20 Wtrprf 240 VOLT RECEPTACLE There will be one (1), 20 amp 240 volt AC three (3) wire straight blade receptacle(s) with waterproof flip up cover(s) installed one (1) in the forward hatch compartment above RS5 for the Hurst hydraulic power supply. The NEMA configuration for the receptacles will be 6-20R. The receptacle(s) will be powered from the on board generator. There will be a label installed near the receptacle(s) that state the following: Line Voltage Current Ratting (amps) Phase Frequency 59780Bid #: 0510721 Breathing Air Cascade Sys. (4) 6000 ASME, Storage Cyl. CASCADE STORAGE VESSELS The breathing air cascade system will meet NFPA requirements for a compressed air system that is used to provide air for human respiration using self-contained breathing apparatus. It will be capable of operating in a range of ambient temperatures between 0-125 degrees Fahrenheit with a relative humidity up to and including 100 percent. All flexible hose will be installed without excessive bending and to prevent cuts, abrasions, and excessive temperatures. The hose will also be installed in a manner that will allow it to be replaced without requiring removal of major vehicle components or vehicle mounted equipment. The breathing air system will be easy to maintain with an arrangement of components that allow for easy inspections, servicing, calibration, and adjustments without requiring the removal of components. All major components in the breathing air system, including accessories, will be clearly identified and labeled. Appropriate caution and warning labels will be affixed where necessary to allow the equipment to be safely operated and maintained. There will be two (2) complete manuals provided with the system. The manuals will provide documentation for the operation and maintenance of the system. The complete breathing air system will be tested for leaks and to ensure functionality prior to its delivery. The cascade system storage cylinders will consist of the following major components: Four (4) ASME Storage Cylinders Four (4) ASME Storage Cylinder Shutoff Valves Four (4) ASME Storage Cylinder Gauges Four (4) ASME Storage Cylinder Relief Devices One (1) ASME Storage Cylinder Mounting Rack Four (4) Inlet/Outlet Connections The cascade storage vessels will each be rated for 6,000 psi. Each vessel will hold 525 cubic feet of air at rated pressure. The total air volume for this system will be 2,100 cubic feet. These vessels will be designed and constructed to conform to the requirements of the American Society of Mechanical Engineers' Pressure Vessel Code per OSHA 29 CFR 1910.169 for transporting compressed air. Each cylinder will be equipped with a dedicated shutoff valve, a pressure gauge and an ASME relief valve installed immediately adjacent to it. Each cylinder will have a drain hose routed to a dedicated drain valve, which will be mounted in a remote location near the bottom of the truck body. The storage vessels will be installed in compartment under floor of D2/P2 compartment with access through the rear compartment. 0016855 Breathing Air System General Design BREATHING AIR SYSTEM GENERAL DESIGN The air system will meet the requirements for a compressed air system used to provide air suitable for human respiration with self-contained breathing apparatus. If a compressor or booster system is supplied it will be capable of operating in a range of ambient temperature between 32 degree Fahrenheit and 100 degrees Fahrenheit (0 Celsius and 43 degrees Celsius). If a cascade system is supplied it will be capable of operating in a range of ambient temperatures between 0 degrees Fahrenheit and 125 degrees Fahrenheit (-18 degrees Celsius and 52 degrees Celsius) The air system will be capable of withstanding storage temperatures between 0 degrees Fahrenheit and 125 degrees Fahrenheit (-18 degrees Celsius and 52 degrees Celsius) without damage. The air system in general will be capable of being stored and operated in environments with relative humidity up to and including 100 percent. All flexible hose will be installed in such a manner as to prevent cuts, abrasions, exposure to damage, excessive temperatures, damage from loose equipment and excessive bending. The hose will be installed in a manner that permits removal of hose without removal of major vehicle components or vehicle mounted equipment. The air system design will provide for maintainability by ensuring that the arrangement of the components will allow easy inspections, servicing, calibration and adjustment without removing the components. All major components in the air system, including accessories, will be clearly identified and labeled. Appropriate caution and warning labels will be affixed where necessary to allow the equipment to be safely operated and adjusted. Two complete manuals will be provided that document the operation and maintenance of the system. If a compressor is supplied, the temperature of the compressed air will not exceed 25 degrees Fahrenheit (14 degrees Celsius) above ambient temperatures when measured at the discharge nozzle of the compressor after cooler. Audible and visual alarms, automatic shutdown and prevention of automatic restart will occur if any of the following conditions exist: low oil level or low oil pressure, high discharge air temperature, more than 24 ppm of moisture in the purification system outlet and if the carbon monoxide level exceeds 10 ppm. The purification system will be capable of producing the required air quality for a minimum of 50 hours with inlet at 80 degrees Fahrenheit (27 degrees Celsius) at saturation. Low pressure breathing air supply from reels or in remote locations will be provided with a low air pressure audible alarm warning device when the air volume is at or below 20 percent. This will include upper and lower control stations on aerial devices. The complete breathing air system will be tested prior to delivery. 0501818 Demonstration, Breathing Air System, at Factory The fire department will receive training with this breathing air system. A demonstration of the operation of the breathing air system will be provided at the factory. This demonstration will include the following: - Review of all safety items in the system - Review of all component manuals - A walk around review of all the components that make up the system - A hands-on system demonstration of each functional item in the system, during which proper use of the system components will be described - A demonstration of how to properly shutdown and maintain the system 60780Bid #: 0510694 Air Control Panel, Eagle, Custom, Breathing Air System BREATHING AIR CONTROL PANEL A custom air control panel will be provided. The panel will be made of a glare resistant black powder coated steel. The panel will be hinged to allow access to the back of the panel for ease of service A custom painted aluminum box will house and protect the components behind the air control panel. All tubing behind the panel will be stainless steel with the exception of the supply lines from the air storage and the flexible fill whips. All stainless steel tubing and flexible hose will have a four to one (4:1) safety factor. All identification tags will be recessed in chrome plated bezels. A breathing air supplied gauge will be provided on the panel. One (1) valve and one (1) gauge for each of the four (4) storage banks provided on the air control panel. If there is more than one (1) storage cylinder for each bank, two (2) cylinders will be connected to each bank starting with the first bank. The system will be regulated with two (2) high pressure regulated circuits and one (1) low pressure, high flow rate regulated circuit. Air Control Panel Regulators High Pressure Regulators Each high pressure regulated circuit provided on the panel will include the following components: One (1) 0-6000 psi regulator set for 4500 psi working pressure One (1) regulated pressure gauge. Low Pressure Regulators Each low pressure regulated circuit will be a low pressure, high flow rate circuit that consists of the following components: One (1) 0-400 psi regulator set for 300 psi working pressure One (1) regulated pressure gauge. A pressure relief valve will be provided. The pressure relief valve will be preset, at no more than ten percent above the working pressure. A warning label that specifies the appropriate pressure regulator settings and the pressure relief setting will be placed adjacent to the regulator. An SCBA fill valve will control the air flowing into the SCBA cylinders will be supplied on the air control panel. An SCBA fill gauge will be supplied on the air control panel, to view the pressure in the SCBA cylinders during filling. This valve and gauge will be used to manually vary the SCBA fill rates in accordance with the SCBA manufacturer's recommendations. A refill fitting will be supplied on the face of the air control panel, to allow the refilling of the system storage cylinders from an external source. With 6000 psi storage cylinders, a male CGA-677 fitting will be provided, and with 4500 and 5000 psi storage cylinders, a male CGA-347 fitting will be provided. When applicable, an auxiliary regulated outlet will be supplied to allow an air sample to be taken at the face of the air control panel. The outlet will be a female CGA-347 fitting with dust cap. The panel will be configured without a booster pump. The panel will be configured with a compressor connection. The panel will be located R1. 0090430 Fill Encl, 2 Bottle,"SpaceSaver"Model 100A,13" Wide, RSP FILL ENCLOSURE The fill enclosure will be designed for mobile applications to fill SCBA or SCUBA cylinders. The enclosure will totally enclose the cylinder during the fill process. The enclosure will contain the cylinder and all fragments in the event of rupture during the fill process. Construction will be of 0.18" plate steel. The fill enclosure door will be constructed of 0.25" stainless steel. The cylinder holders will be lined with a material to protect each cylinder from abrasion. The fill enclosure will be designed to allow the filling of two (2) SCBA or SCUBA bottles either individually or simultaneously. Access to the enclosure for loading the cylinder will be through a manually operated slide up door and tilt out bottle holder. The door will be provided with a device to assist opening and provide smooth operation. The loading position from the compartment floor to the center of the bottle valve will be 14.60" in the lower holder and 23.50" in the upper holder. This will place the lower loading position at waist height on average height vehicles. The maximum length of either the SCBA or SCUBA bottle with the valve and fill adapter will be 29.00" in the lower holder and 27.00" in the upper holder. Automatic safety interlocks will prevent cylinder filling until the door is completely closed. Two (2) fill hoses with SCBA or SCUBA adapters will be provided within the enclosure. If a cylinder should rupture, rapidly expanding air will be vented through an opening in the bottom of the enclosure and out through the compartment floor. A break away rubber seal will be provided to seal the compartment floor. To ensure the integrity of the fill enclosure, bidders will provide on request, an independent certification that a production unit has successfully withstood an SCBA cylinder explosion as per NFPA. The fill enclosure will be a SpaceSaver model 100A. The dimensions of the fill enclosure will be approximately 42.56" high x 13.12" wide x 23.25" deep with a weight of approximately 400 lb. A total of two (2) will be provided R1. 0818034 SP Compressor, BreathAir, 25.2 SCFM, Bauer, BP25H E3, 6000 PSI, 20HP, Clearwater BREATHING AIR COMPRESSOR Air System General Design The air system will meet the requirements for a compressed air system, used to provide air suitable for human respiration, with self contained breathing apparatus. The air system will be designed for mobile operation with all components securely mounted. The system will be designed to operate in temperatures from 40 degrees Fahrenheit to 115 degrees Fahrenheit. Relative humidity will vary to 100 percent. The air system will consist of the following major components: Compressor Assembly With Accessories Remote Compressor Control Panel Air Purifier Moisture Monitor 61780Bid #: Carbon Monoxide Monitor Compressor Assembly The compressor assembly will be of a horizontal design with the compressor block located beside the motor. All moving parts will be guarded in accordance with OSHA requirements. The compressor assembly will be designed to allow maximum cooling. The compressor components will be located for maximum accessibility, allowing all major components to be serviced in place. The compressor assembly will be designed to minimize vibration, with shock mounting provided where necessary, to isolate gauges, valves, controls, electrical components and any other component that may be adversely affected. The compressor will be designed for continuous duty at its rated working pressure. The dimensions of the compressor will be approximately 51.63" long x 39.50" wide x 31.31" high. Scope The high pressure compressor and purification system to supply breathing quality air will meet or exceed the requirements of CGA Pamphlet G-7, Compressed Air For Human Respiration, ANSI/CGAG-7.1, Commodity Specification For Air, Grade E, and all other recognized standards for breathing air. The compressor and purification system will be manufactured by the same supplier. The system will be designed for a maximum working pressure of 6,000 psig. All equipment will be new and of current design and manufacture. Used or refurbished equipment in unacceptable. Compressor System The system will provide a charging rate of 25.2 cfm and a free air delivery rate of 21 cfm to a maximum of 6000 psig. The system will be supplied on a steel frame of welded construction. The frame will be designed for both the static and dynamic loads of the system and of sufficient size to adequately accommodate all of the system's components. The system frame will be of horizontal design. The electric motor will be a 240 volt, three (3) phase, 60 hertz, 20 horsepower, and will have a magnetic starter with overload protection. All piping and tubing will be properly supported and protected to prevent damage from vibration during shipment, operation or maintenance. Piping and tubing will be installed in a neat and orderly arrangement, adapting to the contours of the system. All instrument tubing will be 300 series stainless steel. Compressor The compressor will be an air cooled, oil lubricated, five (5) stage, single acting, reciprocating compressor. The crankcase will be of high strength aluminum alloy. The crankshaft will be of a single piece, forged steel and will be supported in the crankcase by three (3) long life, roller bearings. The connecting rods will be of single piece design and constructed of high strength aluminum alloy. Each connecting rod will incorporate a roller bearing at the crank end and a needle bearing at the pin end. The pistons will be constructed of an aluminum alloy. Piston rings will be cast iron. The final stage will incorporate a ringless, free floating, solid carbon steel which is driven by a guide piston and the previous stages discharge pressure. The cylinders will be of a cast iron construction with deep cooling fins on the external surface for optimum heat dissipation. The cylinders will be arranged in a diametrically balanced, diametrically opposed "X" configuration with each cylinder located directly in the cooling fan's blast. The cylinders will be removable from the crankcase. The compressor's flywheel will be cast of an aluminum alloy. A multi-wing, high velocity, cooling fan will be integral to the flywheel. The fan wings will be replaceable. An intercooler will be provided after each stage of compression and an after cooler will be provided after the final compression stage. The coolers will be individually detachable from the compressor, located directly in the cooling fan's blast and be made of a corrosion resistant material. A cool-down cycle will not be required prior to stopping the compressor. A separator will be supplied after each stage of compression, excluding the first stage, and a coalescing separator will be supplied after the final stage of compression. An automatic condense drain (ACD) system will be supplied for all of the separators. Adjustable drain timers will be factory preset to drain the separators approximately every fifteen (15) minutes for approximately six (6) seconds. The ACD will unload the compressor on shutdown for unloaded restart. An exhaust muffler and condensate reservoir will be supplied. Manually operated valves will be supplied to override the automatic operation of the ACD for test and maintenance purposes. The compressor will be lubricated by a combination splash and pressure lubrication system. The final stage of compression will be pressure lubricated. The other stages and the driving gear will be splash lubricated. The pressure lubrication circuit will include a positive displacement oil pump, belt driven by the crankshaft, an inline oil filter and a pressure regulator. A dipstick will be included to check the oil level. The oil drain for the compressor will be piped to the outside of the frame. The compressor will be equipped with an inlet filter with a replaceable particulate element. An inlet filter maintenance indicator will be installed on the instrument panel. Prime Mover and V-Belt Drive The electric motor will be of the open drip proof design. The compressor and motor will be mounted on a common base that is vibration isolated from the system's main frame. The compressor and motor will be arranged either in vertical or horizontal design. Power from the motor will be transmitted to the compressor by a V-belt drive. The V-belt drive will be designed to tighten the drive belts automatically. Rotation arrows will be affixed in a conspicuous place on the compressor. Electrical Control The motor control center (MCC) will include an across-the-line magnetic motor starter, transformer, printed circuit board and fuses as required. The electrical panel installed in the MCC will be built in compliance to U.L.'s Industrial Control Panel Custom Builders Program and will be affixed with a U.L. Label. An "ON/OFF" selector switch will be installed on the instrument panel. When the selector switch is in the "ON" position, the system will automatically start and stop to maintain the system's operating pressure between the high and low set points of the system's final pressure switch. A non resettable hourmeter will be installed to record the number of running hours. The hourmeter will be installed in the instrument panel. The compressor's oil pressure will be monitored by a pressure switch and pressure gauge. The system will shutdown and a fault light will illuminate should the oil pressure drop below the factory preset value during operation. The oil pressure switch will be bypassed during startup to permit the oil pump to achieve the normal operating pressure. 62780Bid #: A temperature switch will be supplied on the discharge line of the final stage of compression. The system will shutdown and a fault light will illuminate should the final stage discharge temperature exceed the tamper proof set point during operation. All fault lights will be installed on the instrument panel and will be red in color. Each fault light will be labeled with an engraved nameplate. Purification System The purification system will be rated to process 90,000 cubic feet of air. The purification system will purify high pressure air to a quality that meets or exceeds the requirement of CGA Pamphlet G-7, Compressed Air For Human Respiration, ANSI/CGA G-7.1, Commodity Specification For Air, Grade E and all other recognized standards for breathing air. Purification will be achieved by mechanical separation of condensed oil and water droplets, adsorption of oil vapor and elimination of noxious odors by activated carbon, and conversion of carbon monoxide to respirable levels of carbon dioxide by catalyst. The pressure purification chambers will have a working pressure of 6,000 psig. The purification system will utilize replaceable cartridges. The purification system will be designed so that the replacement of the cartridges can be accomplished without disconnecting system piping. The design of the chambers will preclude the possibility of operating the system without cartridges installed or with improperly installed cartridges. A bleed valve will be provided to vent the pressure-maintaining valve and a check valve will be supplied downstream of the purification system to increase the efficiency of the purification system by maintaining a positive back pressure. A check valve will be supplied between the coalescing separator on the compressor's discharge line and the purification system, to maintain the positive pressure in the purification system when the compressor shuts down. Moisture Monitor The purification system will include Bauer's patented Securus Electronic Moisture Monitor System. A sensor will be located in the Securus cartridge for direct monitoring of the moisture level. A display module will be supplied to indicate the status of the Securus cartridge. The display module will be installed on the instrumental panel. A moisture monitoring system will warn the operator, in advance, of the impending saturation of the Securus cartridge. The system will shutdown automatically should the operator fail to change the Securus cartridge within the warning period. The system will not be capable of restarting until the saturated cartridge is replaced with a new one. The moisture monitoring system will be a failsafe design. Should the electrical contact between the display module and sensor be disconnected, an immediate fault shutdown will be effected. For absolute safety and highest quality breathing air, no manual override will be supplied for the moisture monitor. Carbon Monoxide Alarm and Monitor A carbon monoxide monitor and alarm will be provided. It will have a 2.00" panel meter with a 0- 50 ppm scale. Detection of carbon monoxide will be by electrochemical oxidation. The sensor will operate continuously at 0-60% relative humidity with no additional humidification required. The alarm set point will be factory preset to ten (10) ppm and is adjustable if required. The monitor will be supplied with a regulation panel to supply the monitor with the proper pressure and flow rate. An air inlet will be provided from the outlet side of the last chamber on the purifier and after the back pressure valve. The monitor will not deplete the pressure on the purifier. The regulation panel will have a rated inlet of 6000 psig and will reduce this pressure to a nominal pressure of five (5) psig. The flow meter with flow valve will be provided to adjust the flow rate to 200 cc per minute. The regulation panel will be provided with a selector valve to allow either purified air or calibration gas to be routed to the monitor. Both purified air and calibration gases will be permanently connected to the regulation panel so that either may be immediately routed to the monitor by means of the selector valve. A calibration gas cylinder will be provided which is mounted as an integral part of the regulation panel. The mounting bracket will be designed to hold the cylinder securely and allow for quick change of cylinders when empty. A relief valve set at five (5) psig will be provided on the outlet of the regulation panel, or the inlet of the monitor, to prevent damage to the monitor sensor cell from over pressurizing. Purified air to be sampled will be piped to the regulation panel directly from the purifier outlet (after the back pressure valve) to allow the monitor to detect high levels of carbon monoxide before the remainder of the air system is contaminated. High carbon monoxide levels will trigger both audible and visual alarms. This system will be connected to the vehicles 12-volt system and protected with a properly sized automatic reset breaker. Instrumentation Instrumentation will include, at a minimum, a pressure gauge for compressor oil pressure, a pressure gauge for interstage pressures, "OFF/ON" selector switch, an hourmeter, an inlet filter maintenance indicator, a power-on light, the Securus display module and fault lights. Testing The system will be tested by the compressor manufacturer prior to shipment. A copy of the manufacturer's test report will accompany the system at shipment. A manufacturer's nameplate will be securely affixed to the system's frame in a conspicuous location. The nameplate will include, at a minimum, manufacturer's name, model number and serial number, compressor block number, system operating pressure, compressor operating speed, compressor capacity and charging rate, motor horsepower, voltage, frequency amperage and date of manufacture. Documentation A documentation package will be supplied with the system. The documentation package will include, as a minimum, an Operator's and Instruction and Maintenance Manual, recommended spare parts list, warranty information and startup/warranty registration form. The Operator's Instruction and Maintenance manual will be as detailed as possible, outlining all operation and maintenance instructions. The manual will include detailed illustrated drawings for the compressor block and all system components along with a complete parts listing for all illustrated components. Warnings and safety precautions will be identified clearly in the manual. The compressor will be installed DS LS2 compt set back 15-16" from the lip. Electrical Connection A 240-volt, 100 amp, three (3)-pole, four (4) wire, pin and sleeve type receptacle rated for up to 30 horsepower will be wired to the power supply and located in an accessible area within sight of the compressor. A mating horsepower rated plug wired to a four (4) conductor cord will also be supplied and wired to the compressor. When disconnected from the receptacle on the truck, the plug and cord will hang out from the compartment down to within 12.00" of the ground. Compressor Monitoring The air compressor will be equipped with a shut down interface that requires the compartment 63780Bid #: doors be open during operation and a compartment ambient temperature switch to be installed by the apparatus manufacturer. A temperature sensing device will actuate an audible and visual alarm at the fill station operator's panel, when ambient temperature at this location exceeds 140 degrees. 0066890 Reel, Breathing Air, High Pressure w/150' Hose HIGH PRESSURE AIR REEL WITH HOSE A high pressure air reel will be provided complete with hose and fittings. The hose reel will be capable of holding up to 150' of 0.26" inside dimension hose. The reel will include the following features: The side discs will have rolled edges and concentric reinforcing ribs The drum will be roll formed with a full length weld A bearing will support the axle at each end of the reel to provide smooth rotation and eliminate weight on the swivel joint The reel axle will be the full length of the reel The swivel joint inlet will permit the reel to rotate freely while connected The reel will be equipped with a 12-volt D.C. electric rewind motor operated by a push button switch which is guarded to prevent accidental operation. The switch will be installed at a height not to exceed 72.00" above the operator's standing position. A properly rated circuit breaker will be provided to protect the rewind motor against short circuits and overload. A 12-volt fuse will protect the rewind control circuit. The exterior finish of the reel will be painted #269 gray from the reel manufacturer. A captive roller assembly to be provided to aid in the payout and loading of the reel. The high pressure reel will be equipped with 150' of 0.26" inside diameter Parflex fill hose, with a rated burst pressure of 20,000 lb. The fill hose will be continuous with no unions. The hose end will have a female CGA 347 swivel connector and line valve equipped with a bleed-off. A metering valve will be provided on the supply side of the hose reel which will be preset to prevent excessive flow rates that might cause the fill hose to whip in the event of a failure. A bleed valve will be provided on the supply side next to the reel rewind button to bleed off pressure. To monitor the pressure in the supply line a gauge and valve will be furnished at the air control panel. The reel air will pass through the standard supplied regulator on the air control panel, which will provide 4,500 psi maximum air pressure. A ball stop will be provided to prevent the end of the hose from being wound onto the reel. To monitor the pressure in the supply line, a gauge will be provided at the air control panel downstream from the regulator. An audible warning device will be provided on the air supply side upstream of the regulator. A label will be provided in a readily visible location adjacent to the reel. The label will indicate whether the supply is for breathing or utility air, the operating pressure, total hose length and hose size (inside dimension). A total of one (1) reel will be provided and located In coffin box above RS2 toward rear. 0766381 Reel, Breathing Air, Low Pressure w/150' Hose LOW PRESSURE AIR REEL WITH HOSE A low pressure air reel will be provided complete with hose and fittings. The hose reel will be capable of holding up to 150' (45.7 m) of 0.38" (10 mm) inside dimension hose. The reel will include the following features: The side discs will have rolled edges and concentric reinforcing ribs The drum will be roll formed with a full length weld A bearing will support the axle at each end of the reel to provide smooth rotation and eliminate weight on the swivel joint The reel axle will be the full length of the reel The swivel joint inlet will permit the reel to rotate freely while connected The reel will be equipped with a 12-volt D.C. electric rewind motor operated by a push button switch which is guarded to prevent accidental operation. The switch will be installed at a height not to exceed 72.00" (1,829 mm) above the operator's standing position. A properly rated circuit breaker will be provided to protect the rewind motor against short circuits and overload. A 12-volt fuse will protect the rewind control circuit. The exterior finish of the reel will be painted #269 gray from the reel manufacturer. A captive roller assembly to be provided to aid in the payout and loading of the reel. The air reel will be equipped with 150' (45.7 m) of Eaton Synflex® 34BA hose rated for 250 psi (17 bar) maximum operating pressure. The hose will have an inside dimension of 0.38" (10 mm) and an outside dimension of 0.70" (18 mm). The hose will be continuous with no unions. The hose end will be provided with a female Hansen quick disconnect fitting. A ball stop will be provided to prevent the end of the hose from being wound onto the reel. To monitor the pressure in the supply line, a gauge will be provided at the air control panel downstream from the regulator. An audible warning device will be provided on the air supply side upstream of the regulator. A label will be provided in a readily visible location adjacent to the reel. The label will indicate whether the supply is for breathing or utility air, the operating pressure, total hose length and hose size (inside dimension). A total of two (2) reels will be provided and located One in coffin box above LS2 toward frt of compt One in coffin box above RS2 toward frt. 0547854 Brand, Hydraulic Tool System, Hurst High Pressure 0649753 Not Required, PTO Driven Hydraulic Tool System 64780Bid #: 0655662 Mounting Bracket, Power Supply, For Future Installation POWER SUPPLY MOUNTING BRACKET A mounting bracket will be provided for future installation of a hydraulic power supply. The bracket will provide a secure mount for use during transit and will have provisions to quick release the unit for fast removal. The make and model of the power supply will be **VERIFY*** Hurst JL-AC-TR 220V power supply. (The Hurst with 4 outlets). A total of one (1) mounting bracket(s) will be provided Above RS5 in coffin compts Vent as needed. 0627269 Hose, Hydra., Hurst High Pressure, 4'-12', Twin Line, Streamline, Connection 4'-12' HIGH PRESSURE HYDRAULIC CONNECTION HOSE A 4'-12' section of Hurst high pressure 10,000 psi twin line hose will be provided. The hose will be black with a black guard. The hose will be one (1) continuous length without unions. The hose will be equipped with a Streamline mono-coupling connection type fitting on one (1) end with swivel fittings on the opposite end. The Streamline mono-coupling connection fitting will allow the twin line hose system to be converted into a single coupling. A total of six (6) section(s) of high pressure hose will be provided. A colored insert will be provided on each guard to differentiate sections of hose. The colored insert(s) will be installed on the hose(s) as follows: Hose 1: Red Hose 2: Green Hose 3: Black Hose 4: Red Hose 5: Green Hose 6: Black The hose(s) will be located All reels to power unit and all dumps remote. Colors of these hoses to match color of hoses on the respective reels. Colored Inserts for High Pressure Hose 0627286 Hose, Hydra., Hurst High Pressure, 98', Twin Line, Streamline HIGH PRESSURE HYDRAULIC HOSE A 98' section of Hurst high pressure 10,000 psi twin line hose will be provided. The hose will be blue/grey with a black guard. The hose will be one (1) continuous length without unions. The hose will be equipped with a Streamline mono-coupling connection type fitting on one (1) end with swivel fittings on the opposite end. The Streamline mono-coupling connection fitting will allow the twin line hose system to be converted into a single coupling. A total of six (6) section(s) of high pressure hose will be provided. A colored insert will be provided on each guard to differentiate sections of hose. The colored insert(s) will be installed on the hose(s) as follows: Hose 1: Red Hose 2: Green Hose 3: Black Hose 4: Red Hose 5: Green Hose 6: Black The hose(s) will be located red hose on forward most reel on each side, green hose on middle reel on each side, and black hose on rear most reel on each side. 0653549 Reel, Hyd, Hannay, 100' Cap., .25" Dual Hose (Any Make Tool) HYDRAULIC REEL WITH CAPACITY FOR 100' OF HOSE A hydraulic hose reel will be provided. The reel will be operated by a 12 volt electric motor controlled by a rewind switch. The motor will be protected by a circuit breaker and the rewind circuit will be protected by a fuse. The switch will be installed at a height not to exceed 72.00" above the operator's standing position. The switch will be guarded to prevent accidental operation. The reel capacity will be a minimum of 100' of 0.25" inside diameter dual hydraulic hose. Surfaces where the hose comes in contact with the reel roller will be constructed of either stainless steel, chrome plated steel or plastic. A captive roller assembly to be provided to aid in the payout and loading of the reel. A ball stop will be provided to prevent the hose from being wound around the reel. A label will be provided in a readily visible location adjacent to the reel. The label will indicate maximum flow pressure and total length of hose installed on the reel. A total of three (3) reels will be installed Three RS4. The reel will be designed for a Hurst 2026. 65780Bid #: 0598189 Couplings, Hurst, Streamline, Set COUPLINGS Streamline Technology couplings will be provided for use with the hydraulic tools. The couplings will allow a two hose hydraulic system to be converted into a single coupling. A total of six (6) sets of male and female connection fittings will be provided and located on all the reels in compartments D4 and P4. 0681249 Fluid, Hurst Hydraulic, High Pressure, Two (2) Gallons HYDRAULIC FLUID There will be one (1) 2 gallon case of Hurst high pressure fluid provided. A total of five (5) case(s) will be provided. 0007150 Bag of Nuts and Bolts LOOSE EQUIPMENT The following equipment will be furnished with the completed unit: One (1) bag of chrome, stainless steel, or cadmium plated screws, nuts, bolts and washers, as used in the construction of the unit. 0602524 NFPA Required Loose Equipment, Special Services, NFPA 2016,Provided by Fire Dept NFPA REQUIRED LOOSE EQUIPMENT PROVIDED BY FIRE DEPARTMENT The following loose equipment as outlined in NFPA 1901, 2016 edition, section 10.9.3 will be provided by the fire department. One (1) SCBA complying with NFPA 1981 for each assigned seating position, but not fewer than two (2), mounted in brackets fastened to the apparatus or stored in containers supplied by the SCBA manufacturer. One (1) spare SCBA cylinder for each SCBA carried, each mounted in a bracket fastened to the apparatus or stored in a specially designed storage space(s). One (1) first aid kit. One (1) traffic vest for each seating position, each vest to comply with ANSI/ISEA 207, Standard for High Visibility Public Safety Vests, and have a five-point breakaway feature that includes two at the shoulders, two at the sides, and one at the front. Five (5) fluorescent orange traffic cones not less than 28" (711 mm) in height, each equipped with a 6". (152 mm) retro-reflective white band no more than 4" (152 mm) from the top of the cone, and an additional 4" (102 mm) retro-reflective white band 2" (51 mm) below the 6" (152 mm) band. Five (5) illuminated warning devices such as highway flares, unless the five fluorescent orange traffic cones have illuminating capabilities. One automatic external defibrillator (AED). 0796255 Not Required, Soft Suction, Rescue No Pump 0602533 Extinguisher, Dry Chemical, Special Services, NFPA 2016, Provided by Fire Dept DRY CHEMICAL EXTINGUISHER PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 10.9.3 requires one (1) approved dry chemical portable fire extinguisher with a minimum 80-B:C rating mounted in a bracket fastened to the apparatus. The extinguisher is not on the apparatus as manufactured. The fire department will provide and mount the extinguisher. 0602351 Extinguisher, 2.5 Gal. Press Water, Special Service, NFPA 2016,Prov by Fire Dept WATER EXTINGUISHER PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2016 edition, section 10.9.3 requires one (1) 2.5 gallon or larger water extinguisher mounted in a bracket fastened to the apparatus. The extinguisher is not on the apparatus as manufactured. The fire department will provide and mount the extinguisher. 66780Bid #: 0741569 Paint Process / Environmental Requirements, Appleton PAINT PROCESS The exterior custom cab and body painting procedure will consist of a seven (7) step finishing process as follows: Manual Surface Preparation - All exposed metal surfaces on the custom cab and body will be thoroughly cleaned and prepared for painting. Imperfections on the exterior surfaces will be removed and sanded to a smooth finish. Exterior seams will be sealed before painting. Exterior surfaces that will not be painted include; chrome plating, polished stainless steel, anodized aluminum and bright aluminum treadplate. Chemical Cleaning and Pretreatment - All surfaces will be chemically cleaned to remove dirt, oil, grease, and metal oxides to ensure the subsequent coatings bond well. The aluminum surfaces will be properly cleaned and treated using a high pressure, high temperature 4 step Acid Etch process. The steel and stainless surfaces will be properly cleaned and treated using a high temperature 3 step process specifically designed for steel or stainless. The chemical treatment converts the metal surface to a passive condition to help prevent corrosion. Surfacer Primer - The Surfacer Primer will be applied to a chemically treated metal surface to provide a strong corrosion protective basecoat. A minimum thickness of 2 mils of Surfacer Primer is applied to surfaces that require a Critical aesthetic finish. The Surfacer Primer is a two- component high solids urethane that has excellent sanding properties and an extra smooth finish when sanded. Finish Sanding - The Surfacer Primer will be sanded with a fine grit abrasive to achieve an ultra- smooth finish. This sanding process is critical to produce the smooth mirror like finish in the topcoat. Sealer Primer - The Sealer Primer is applied prior to the Basecoat in all areas that have not been previously primed with the Surfacer Primer. The Sealer Primer is a two-component high solids urethane that goes on smooth and provides excellent gloss hold out when topcoated. Basecoat Paint - Two coats of a high performance, two component high solids polyurethane basecoat will be applied. The Basecoat will be applied to a thickness that will achieve the proper color match. The Basecoat will be used in conjunction with a urethane clear coat to provide protection from the environment. Clear Coat - Two (2) coats of Clear Coat will be applied over the Basecoat color. The Clear Coat is a two-component high solids urethane that provides superior gloss and durability to the exterior surfaces. Lap style and roll-up doors will be Clear Coated to match the body. Paint warranty for the roll-up doors will be provided by the roll-up door manufacturer. After the cab and body are painted, the color will be verified to make sure that it matches the color standard. Electronic color measuring equipment will be used to compare the color sample to the color standard entered into the computer. Color specifications will be used to determine the color match. A Delta E reading will be used to determine a good color match within each family color. All removable items such as brackets, compartment doors, door hinges, and trim will be removed and painted separately if required, to ensure paint behind all mounted items. Body assemblies that cannot be finish painted after assembly will be finish painted before assembly. The paint finish quality levels for critical areas of the apparatus (cab front and sides, body sides and doors, and boom lettering panels) are to meet or exceed Cadillac/General Motors GMW15777 global paint requirements. Orange peel levels are to meet or exceed the #6 A.C.T.standard in critical areas. The manufacture's written paint standards will be available upon request. Environmental Impact Contractor will meet or exceed all current state regulations concerning paint operations. Pollution control will include measures to protect the atmosphere, water and soil. Controls will include the following conditions: Topcoats and primers will be chrome and lead free. Metal treatment chemicals will be chrome free. The wastewater generated in the metal treatment process will be treated on-site to remove any other heavy metals. Particulate emission collection from sanding operations will have a 99.99 percent efficiency factor. Particulate emissions from painting operations will be collected by a dry filter or water wash process. If the dry filter is used, it will have an efficiency rating of 98 percent. Water wash systems will be 99.97 percent efficient Water from water wash booths will be reused. Solids will be removed on a continual basis to keep the water clean. Paint wastes are disposed of in an environmentally safe manner. Empty metal paint containers will be recycled to recover the metal. Solvents used in clean-up operations will be recycled on-site or sent off-site for distillation and returned for reuse. Additionally, the finished apparatus will not be manufactured with or contain products that have ozone depleting substances. Contractor will, upon demand, present evidence that the manufacturing facility meets the above conditions and that it is in compliance with his state EPA rules and regulations. 0709846 Paint, Two-Tone Color, Velocity/Impel CAB TWO-TONE PAINT The cab will be painted two-tone, with the upper section painted #10 white and the lower section painted #90 red. There will be a standard two-tone cab paint break provided. There will be a high cab shield provided. 0709833 Paint, Two-Tone Color, Body TWO-TONE BODY PAINT The body will be painted two-tone with the upper section painted to match the upper section of the cab and the lower section painted to match the lower section of the cab. The body paint break will be as specially designed and shown on the lettering and striping print. 67780Bid #: 0646901 Paint Chassis Frame Assy, With Liner, E-Coat, Standard PAINT CHASSIS FRAME ASSEMBLY The chassis frame assembly will be finished with a single system black top coat before the installation of the cab and body, and before installation of the engine and transmission assembly, air brake lines, electrical wire harnesses, etc. Components that are included with the chassis frame assembly that will be painted are: Frame rails Frame liners Cross members Axles Suspensions Steering gear Battery boxes Bumper extension weldment Frame extensions Body mounting angles Rear Body support substructure (front and rear) Pump house substructure Air tanks Steel fuel tank Castings Individual piece parts used in chassis and body assembly Components treated with epoxy E-coat protection prior to paint: Two (2) C-channel frame rails Two (2) frame liners The E-coat process will meet the technical properties shown. 0693797 No Paint Required, Aluminum Front Wheels 0687653 Paint, Rear Wheels, Single Axle, Alum-Stl PAINT, REAR WHEELS All wheel surfaces, inside and outside of inboard steel wheels only, will be provided with powder coat paint #101 black. 0733739 Paint, Axle Hubs AXLE HUB PAINT All axle hubs will be painted to match lower job color. 0763645 Compartment Paint, 909017, Nightspots, HDR NWI Body COMPARTMENT INTERIOR PAINT Interior of compartments will be painted 909017, Nightspots. 0544124 Reflective Band, 1"-4"-1" REFLECTIVE STRIPES Three (3) reflective stripes will be provided across the front of the vehicle and along the sides of the body. The reflective band will consist of a 1.00" gold stripe at the top with a 1.00" gap then a 4.00" white stripe with a 1.00" gap and a 1.00" gold stripe on the bottom. 0510041 Reflective across Cab Face, Imp/Vel The reflective band provided on the cab face will be below the headlights on the fiberglass. 0536955 Stripe, Chevron, Rear, Diamond Grade, Rescue REAR CHEVRON STRIPING There will be alternating chevron striping located on the rear-facing vertical surface of the apparatus. Covered surfaces will include the exterior rear wall. Rear compartment doors, entry doors, or walkway areas will not be covered. The colors will be red and fluorescent yellow green diamond grade. Each stripe will be 6.00" in width. This will meet the requirements of the current edition of NFPA 1901, which states that 50% of the rear surface will be covered with chevron striping. 0027341 Jog, In Reflective Stripe, Single or Multiple JOG(S) IN REFLECTIVE BAND The reflective band located on each side of the apparatus body will contain one (1) jog(s) and will be angled at approximately a 45 degrees when installed. 68780Bid #: 0679885 Stripe, Sign Gold Outline Above & Below Reflective Band SIGN GOLD STRIPE There will be a Sign Gold stripe applied above and below the reflective band. The sign gold stripes will be .50" wide with an outline. 0567374 Stripe, Black Outline each Chevron Stripe @ Rear (Not Warranted) REFLECTIVE STRIPE OUTLINE A black vinyl outline will be provided for each chevron stripe at the rear of the truck. 0087355 Stripe, Reflective, 6" Inside Compt Door REFLECTIVE STRIPE INSIDE COMPARTMENT DOOR A 6.00" black reflective stripe will be provided inside two (2) compartment doors. each exterior access EMS compt door. 0065687 Stripe, Reflective, Cab Doors Interior CAB DOOR REFLECTIVE STRIPE A 6.00" x 16.00" black reflective stripe will be provided across the interior of each cab door. The stripe will be located approximately 1.00" up from the bottom, on the door panel. This stripe will meet the NFPA 1901 requirement. 0679794 Stripe, Reflective, Two-Tone Paint Break with Shield, IPO Chrome Molding CAB STRIPE There will be a reflective stripe provided on both sides of the cab in place of the chrome molding and on the cab face with shield. 0679826 Stripe, Sign Gold, Side of Cab, Low and Over Fender CAB STRIPE There will be a Sign Gold stripe on each side of the cab, low and over the fender. 0594559 Lettering Specifications, (Sign Gold Process) LETTERING The lettering will be 22 karat gold vinyl. 0679872 Stripe, Sign Gold, Box, Each Individual Compt SIGN GOLD STRIPE There will be one (1) compartment door/s with a Sign Gold stripe around the top, bottom, front and rear edges of the compartment door including scrolls in each corner. 0679866 Stripe, Sign Gold, Side of Body, Over Fender Only, Single Axle BODY STRIPE There will be a Sign Gold stripe provided on each side of the body, over the fender. 0685932 Lettering, Sign Gold, 3.00", (41-60) LETTERING Forty-one (41) to sixty (60) Sign Gold lettering, 3.00" high, with outline and shade will be provided. 0685732 Lettering, Sign Gold, 14.00", Each LETTERING There will be sign gold lettering, 14.00" high, with outline and shade provided. There will be four (4) letters provided. 0685735 Lettering, Sign Gold, 12.00", Each LETTERING There will be sign gold lettering, 12.00" high, with outline and shade provided. There will be two (2) letters provided. 0685743 Lettering, Sign Gold, 10.00", (21-40) LETTERING Twenty-one (21) to forty (40) Sign Gold lettering, 10.00" high, with outline and shade will be provided. 0685745 Lettering, Sign Gold, 10.00", Each LETTERING There will be sign gold lettering, 10.00" high, with outline and shade provided. There will be ten (10) letters provided. 0685798 Lettering, Sign Gold, 6.00", (1-20) LETTERING One (1) to twenty (20) Sign Gold lettering, 6.00" high, with outline and shade will be provided. 0685800 Lettering, Sign Gold, 6.00", Each LETTERING There will be sign gold lettering, 6.00" high, with outline and shade provided. There will be two (2) letters provided. 69780Bid #: 0684054 Lettering, Vinyl, 3.00", (1-20) LETTERING One (1) to twenty (20) non-reflective vinyl lettering, 3.00" high, with outline will be provided. 0686018 Lettering, Reflective, 5.00", Each LETTERING There will be reflective lettering, 5.00" high, with outline provided. There will be eight (8) letters provided. 0686081 Lettering, Reflective, 3.00", (21-40) LETTERING Twenty-one (21) to forty (40) reflective lettering, 3.00" high, with outline will be provided. 0663907 Lettering, Vinyl, 1.50", Each LETTERING There will be non-reflective vinyl lettering, 1.50" high, with no outline or shade provided. There will be 11 letters provided. 0017268 Decals, Customer furnished, Pierce installed, Per Pair DECAL INSTALLATION There will be one (1) pair of decals furnished by the fire department and applied by the apparatus manufacturer. 0056505 Emblem, "Honoring America's Bravest" w/Helmet, Color Image, Std, Pair EMBLEM There will be one (1) pair of emblems with the words "HONORING AMERICA'S BRAVEST 9-11- 01" and a firefighter's helmet will be mounted on roll up doors for compartments D1 and P1.on roll up doors for compartments D1 and P1 The emblems will be color imaged. 0684183 Emblem, Maltese Cross, Reflective, 18"-20", Pair MALTESE CROSS INSTALLATION There will be one (1) pair of maltese crosses, comprised of reflective material, provided and installed on the rear roll up door. 0684185 Emblem, Maltese Cross, Reflective, 12"-14", Pair MALTESE CROSS INSTALLATION There will be one (1) pair of Maltese crosses, comprised of reflective material, provided and installed on upper part of EMS external door on cab side. 0769753 Emblem, American Flag Painted on Cab Grille, All Custom Chassis CAB GRILLE DESIGN An American flag design will be painted on the cab grille. 0000000 STF Equipment Allowance 0772003 Manual, Fire Apparatus Parts, USB Flash Drive, Custom FIRE APPARATUS PARTS MANUAL There will be one (1) custom parts manual(s) in USB flash drive format for the complete fire apparatus provided. The manual(s) will contain the following: Job number Part numbers with full descriptions Table of contents Parts section sorted in functional groups reflecting a major system, component, or assembly Parts section sorted in alphabetical order Instructions on how to locate parts Each manual will be specifically written for the chassis and body model being purchased. It will not be a generic manual for a multitude of different chassis and bodies. Service Parts Internet Site The service parts information included in these manuals are also available on the Pierce website. The website offers additional functions and features not contained in this manual, such as digital photographs and line drawings of select items. The website also features electronic search tools to assist in locating parts quickly. 70780Bid #: 0772037 Manual, Chassis Service, USB Flash Drive, Custom CHASSIS SERVICE MANUALS There will be one (1) chassis service manuals on USB flash drives containing parts and service information on major components provided with the completed unit. The manual will contain the following sections: Job number Table of contents Troubleshooting Front Axle/Suspension Brakes Engine Tires Wheels Cab Electrical, DC Air Systems Plumbing Appendix The manual will be specifically written for the chassis model being purchased. It will not be a generic manual for a multitude of different chassis and bodies. 0772065 Manual, Chassis Operation, (2) USB Flash Drives, Custom CHASSIS OPERATION MANUAL The chassis operation manual will be provided on two (2) USB flash drives. 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 ONE (1) YEAR MATERIAL AND WORKMANSHIP A Pierce basic apparatus limited warranty certificate, WA0008, is included with this proposal. 0611136 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 THREE (3) YEAR MATERIAL AND WORKMANSHIP The Pierce custom chassis limited warranty certificate, WA0284, is included with this proposal. 0696698 Warranty, Engine, Cummins, 5 Year, WA0181 ENGINE WARRANTY A Cummins five (5) year limited engine warranty will be provided. A limited warranty certificate, WA0181, is included with this proposal. 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 STEERING GEAR WARRANTY A Sheppard three (3) year limited steering gear warranty will be provided. A copy of the warranty certificate will be submitted with the bid package. 0595767 Warranty, Frame, 50 Year, Velocity/Impel, WA0038 FIFTY (50) YEAR STRUCTURAL INTEGRITY The Pierce custom chassis frame and crossmembers limited warranty certificate, WA0038, is included with this proposal. 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 FRONT AXLE THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY The Pierce TAK-4 suspension limited warranty certificate, WA0050, is included with this proposal. 0733306 Warranty, Single Axle, 5 Year, Meritor, General Service, WA0384 SINGLE REAR AXLE FIVE (5) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor™ Axle 5 year limited warranty will be provided. 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 ABS BRAKE SYSTEM THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor Wabco™ ABS brake system limited warranty certificate, WA0232, is included with this proposal. 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 TEN (10) YEAR STRUCTURAL INTEGRITY The Pierce custom cab limited warranty certificate, WA0012, is included with this proposal. 0744240 Warranty, Paint, 10 Year, Cab, Pro- Rate, WA0055 TEN (10) YEAR PRO-RATED PAINT AND CORROSION A Pierce cab limited pro-rated paint warranty certificate, WA0055, is included with this proposal. 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 FIVE (5) YEAR MATERIAL AND WORKMANSHIP The Pierce Command Zone electronics limited warranty certificate, WA0014, is included with this proposal. 0695416 Warranty, Pierce Camera System, WA0188 CAMERA SYSTEM WARRANTY A Pierce fifty four (54) monthwarranty will be provided for the camera system. 71780Bid #: 0647720 Warranty, Pierce LED Strip Lights, WA0203 COMPARTMENT LIGHT WARRANTY The Pierce 12 volt DC LED strip lights limited warranty certificate, WA0203, is included with this proposal. 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 TRANSMISSION WARRANTY The transmission will have a five (5) year/unlimited mileage warranty covering 100 percent parts and labor. The warranty will be provided by Allison Transmission. Note: The transmission cooler is not covered under any extended warranty you may be getting on your Allison Transmission. Please review your Allison Transmission warranty for coverage limitations. 0685945 Warranty, Transmission Cooler, WA0216 TRANSMISSION COOLER WARRANTY The transmission cooler will carry a five (5) year parts and labor warranty (exclusive to the transmission cooler). In addition, a collateral damage warranty will also be in effect for the first three (3) years of the warranty coverage and will not exceed $10,000 per occurrence. A copy of the warranty certificate will be submitted with the bid package. 0033401 Not Required, Tank Warranty 0596024 Warranty, Structure, 15 Year, HDR, WA0010 FIFTEEN (15) YEAR STRUCTURAL INTEGRITY The Pierce heavy duty rescue apparatus body limited warranty certificate, WA0010, is included with this proposal. 0690936 Warranty, Roll up Doors, Not Required 0012599 Warranty, Pump, Not Required 0046370 Not Required, Warranty, No Plumbing 0641372 Warranty, Foam System, Not Available 0595820 Warranty, Paint, 10 Year, Body, Pro- Rate, WA0057 TEN (10) YEAR PRO-RATED PAINT AND CORROSION A Pierce body limited pro-rated paint warranty certificate, WA0057, is included with this proposal. 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 ONE (1) YEAR MATERIAL AND WORKMANSHIP The Pierce graphics fading and deterioration limited warranty limited warranty certificate, WA0168, is included with this proposal. 0683627 Certification, Vehicle Stability, CD0156 VEHICLE STABILITY CERTIFICATION The fire apparatus manufacturer will provide a certification stating the apparatus complies with NFPA 1901, current edition, section 4.13, Vehicle Stability. The certification will be provided at the time of bid. 0808577 Certification, Engine Installation, Velocity, Cummins X15, 2027 ENGINE INSTALLATION CERTIFICATION The fire apparatus manufacturer will provide a certification, along with a letter from the engine manufacturer stating they approve of the engine installation in the bidder's chassis. The certification will be provided at the time of delivery. 0686786 Certification, Power Steering, CD0098 POWER STEERING CERTIFICATION The fire apparatus manufacturer will provide a certification stating the power steering system as installed meets the requirements of the component supplier. The certification will be provided at the time of bid. 72780Bid #: 0892701 Certification, Cab Integrity, Impel/Velocity FR, CD0190 CAB INTEGRITY CERTIFICATION The fire apparatus manufacturer will provide a cab crash test certification with this proposal. The certification will state that a specimen representing the substantial structural configuration of the cab has been tested and certified by an independent third party test facility. Testing events will be documented with photographs, real-time and high-speed video, vehicle accelerometers, cart accelerometers, and a laser speed trap. The fire apparatus manufacturer will provide a state licensed professional engineer to witness and certify all testing events. Testing will meet or exceed the requirements below: SAE J2422 Cab Roof Strength Evaluation - Quasi-Static Loading Heavy Trucks. European Occupant Protection Standard ECE Regulation No.29. SAE J2420 COE Frontal Strength Evaluation - Dynamic Loading Heavy Trucks. Side Impact The cab will be subjected to dynamic preload where a 14,320-lbs moving barrier is slammed into the side of the cab at 5.50 mph, striking with an impact of 13,000 ft-lbs of force. This test is part of the SAE J2422 test procedure and more closely represents the forces a cab will see in a rollover incident. Roof Crush The same cab will be subjected to a roof crush force of 22,050 lbs. This value meets the ECE 29 criteria, and is equivalent to the front axle rating up to a maximum of ten (10) metric tons. Additional Roof Crush The same cab will be subjected to a roof crush force of 100,000 lbs. (Four and a half times the load criteria of ECE 29) Frontal Impact The same cab will withstand a frontal impact of 32,600 ft-lb of force using a moving barrier in accordance with SAE J2420. Additional Frontal Impact The same cab will withstand a frontal impact of 65,200 ft-lb of force using a moving barrier. (Twice the force required by SAE J2420) The same cab will withstand all tests without any measurable intrusion into the survival space of the occupant area. There will be no exception to any portion of the cab integrity certification. Nonconformance will lead to immediate rejection of bid. 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 CAB DOOR DURABILITY CERTIFICATION Robust cab doors help protect occupants. Cab doors will survive a 200,000 cycle door slam test where the slamming force exceeds 20 G's of deceleration. The bidder will certify that the sample doors similar to those provided on the apparatus have been tested and have met these criteria without structural damage, latch malfunction, or significant component wear. 0548967 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 WINDSHIELD WIPER DURABILITY CERTIFICATION Visibility during inclement weather is essential to safe apparatus performance. Windshield wipers will survive a 3 million cycle durability test in accordance with section 6.2 of SAE J198 Windshield Wiper Systems - Trucks, Buses and Multipurpose Vehicles. The bidder will certify that the wiper system design has been tested and that the wiper system has met these criteria. 0667411 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 ELECTRIC WINDOW DURABILITY CERTIFICATION Cab window roll-up systems can cause maintenance problems if not designed for long service life. The window regulator design will complete 30,000 complete up-down cycles and still function normally when finished. The bidder will certify that sample doors and windows similar to those provided on the apparatus have been tested and have met these criteria without malfunction or significant component wear. 0549273 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 SEAT BELT ANCHOR STRENGTH Seat belt attachment strength is regulated by Federal Motor Vehicle Safety Standards and should be validated through testing. Each seat belt anchor design will withstand 3000 lb of pull on both the lap and shoulder belt in accordance with FMVSS 571.210 Seat Belt Assembly Anchorages. The bidder will certify that each anchor design was pull tested to the required force and met the appropriate criteria. SEAT MOUNTING STRENGTH Seat attachment strength is regulated by Federal Motor Vehicle Safety Standards and should be validated through testing. Each seat mounting design will be tested to withstand 20 G's of force in accordance with FMVSS 571.207 Seating Systems. The bidder will certify that each seat mount and cab structure design was pull tested to the required force and met the appropriate criteria. 73780Bid #: 0735950 Certification, Cab HVAC System Perf, Vel/Imp FR, CD0166/CD0168/CD0176/CD0177 PERFORMANCE CERTIFICATIONS Cab Air Conditioning Good cab air conditioning temperature and air flow performance keeps occupants comfortable, reduces humidity, and provides a climate for recuperation while at the scene. The cab air conditioning system will cool the cab from a heat-soaked condition at 100 degrees Fahrenheit to an average of 78 degrees Fahrenheit in 30 minutes. The bidder will certify that a substantially similar cab has been tested and has met these criteria. Cab Defroster Visibility during inclement weather is essential to safe apparatus performance. The defroster system will clear the required windshield zones in accordance with SAE J381 Windshield Defrosting Systems Test Procedure And Performance Requirements - Trucks, Buses, And Multipurpose Vehicles.The bidder will certify that the defrost system design has been tested in a cold chamber and passes the SAE J381 criteria. Cab Auxiliary Heater Good cab heat performance and regulation provides a more effective working environment for personnel, whether in-transit, or at a scene. An auxiliary cab heater will warm the cab 77 degrees Fahrenheit from a cold-soak, within 30 minutes when tested using the coolant supply methods found in SAE J381. The bidder will certify, at time of delivery, that a substantially similar cab has been tested and has met these criteria. 0545073 Amp Draw Report, NFPA Current Edition AMP DRAW REPORT The bidder will provide, at the time of bid and delivery, an itemized print out of the expected amp draw of the entire vehicle's electrical system. The manufacturer of the apparatus will provide the following: Documentation of the electrical system performance tests. A written load analysis, which will include the following: The nameplate rating of the alternator. The alternator rating under the conditions specified per: Applicable NFPA 1901 or 1906 (Current Edition). The minimum continuous load of each component that is specified per: Applicable NFPA 1901 or 1906 (Current Edition). Additional loads that, when added to the minimum continuous load, determine the total connected load. Each individual intermittent load. All of the above listed items will be provided by the bidder per the current edition of applicable NFPA standards. 0002758 Amp Draw, NFPA/ULC Radio Allowance 0799248 Appleton/Florida BTO 0000031 HDR BODY 0000012 PIERCE CHASSIS 0004713 ENGINE, OTHER 0046396 EVS 4000 Series TRANSMISSION 0020037 NO PUMP 0020013 NO WATER TANK 0028047 NO FOAM SYSTEM 0046282 Not Required, Control Panel, No Pump 0020007 AKRON VALVES 0020015 ABS SYSTEM 0752883 HDR 74780Bid #: 75780Bid #: Option List Line Option Type Option Description Qty 1 0766614 Boiler Plates, Heavy Duty Rescue 1 Fire Department/Customer - Clearwater Fire & Rescue Operating/In conjunction W-Service Center - Operating Miles - 50 Miles Number of Fire Dept/Municipalities - 5 Bidder/Sales Organization - Ten-8 Fire Equipment, Inc. Delivery - A qualified delivery representative shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered. Dealership/Sales Organization, Service - Ten-8 Bradenton 2 0661794 Single Source Compliance 1 3 0584456 Manufacture Location, Appleton, Wisconsin 1 4 0584452 RFP Location: Appleton, Wisconsin 1 5 0588609 Vehicle Destination, US 1 6 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 1 7 0533352 Special Services (Rescue) Fire Apparatus 1 8 0588614 Vehicle Certification, Rescue 1 9 0681285 Agency, Apparatus Certification, Rescue, U.L.1 10 0891947 Certification, Vehicle Inspection Program, NFPA 1901 1 11 0536644 Customer Service Website 1 12 0535579 Not Required, Unit of Measure, (no pump, no tank)1 13 0030006 Bid Bond Not Requested 1 14 0816569 Performance Bond, Not Requested, PPI Terms 1 15 0000007 Approval Drawing 1 16 0672031 Drawing, Cab, Top View, Seating and EMS Cabinets, Reference Only 1 17 0002928 Electrical Diagrams 1 18 0564202 Velocity Chassis (Big Block), 2010 1 19 0000110 Wheelbase 1 Wheelbase - 259 20 0000070 GVW Rating 1 GVW rating - 56,300 21 0000203 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF 1 22 0889439 Frame Liner, "C/Inv L" 12.50" x 3.00" x .25", XT/Vel/Imp, Full Length, 71" Qv 1 23 0508849 Axle, Front, Oshkosh TAK-4, Non Drive, 22,800 lb, Imp/Vel 1 24 0010427 Suspension, Front TAK-4, 22,800 lb, Qtm/AXT/Imp/Vel/Enf/SFR 1 25 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 1 26 0000322 Oil Seals, Front Axle 1 27 0899438 Tires, Front, Goodyear, Armor MAX MSA, 425/65R22.50, 20 ply 1 28 0019611 Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot 1 29 0598516 Axle, Rear, Meritor RS30-185, 33,500 lb, Imp/Vel/DCF 1 30 0544244 Top Speed of Vehicle, 60 MPH/96 KPH 1 31 0122073 Suspen, Rear, Standens, Spring, 33,500 lb, Imp/Vel/Enf 1 32 0000485 Oil Seals, Rear Axle 1 33 0585004 Tires, Rear, Goodyear, G289 WHA, 315/80R22.50, 20 ply, Single 1 34 0654750 Wheels, Rear, Alcoa-Accuride, 22.50" x 9.00", Aluminum-Steel, Hub Pilot, Single 1 35 0568081 Tire Balancing, Counteract Beads 1 36 0620570 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle 1 Qty, Tire Pressure Ind - 6 37 0801909 Lug Nut, Covers, Chrome 1 38 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 1 39 0003240 Axle Hub Covers, Rear, S/S Baby Moon (Pair)1 Customer:Clearwater Bid Number: 780 Representative Bouwer, Dustin Job Number: Organization:Ten-8 Fire & Safety, LLC Number of Units:1 Requirements Manager: Bid Date:09/01/2024 Description: 2023 – Clearwater - HDR - Duplicate 26472 (S51)Stock Number: Body: HDR, Non-Walk-In, Aluminum Price Level:46 (Current: 46) Chassis:Velocity Chassis (Big Block), 2010 Lane: 10/6/2023 10/6/2023 6:02 AM Page 1780Bid #: Line Option Type Option Description Qty 40 0002045 Mud Flap, Front and Rear, Pierce Logo 1 41 0544802 Chocks, Wheel, SAC-44-E, Folding, (Up to 44" Diameter Tires)1 Qty, Pair - 01 42 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 1 Qty, Pair - 01 Location, Wheel Chocks - Right Side Rear Tire, Rearward 43 0010670 ABS Wabco Brake System, Single rear axle 1 44 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 1 45 0803729 Brakes, Meritor, Cam, Rear, 16.50 x 8.63"1 46 0020784 Air Compressor, Brake, Cummins/Wabco 18.7 CFM 1 47 0000786 Brake Reservoirs, Four 1 48 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 1 49 0000790 Brake Lines, Nylon 1 50 0544415 Inlet/Outlet, Air, w/Disconnect Fitting, Location 1 Location - Driver side step well Qty, Air Coupling (s) - 1 51 0012034 Moisture Ejector, Manual, Remote Mounted 4 Location - below LS5 compartment Qty, Man. Moist Ejector - 4 52 0615609 Fittings, Compression Type, Entire Apparatus, Single Rear Axle 1 53 0808495 Engine, Cummins X15, 500 hp, 1850 lb-ft, W/OBD, EPA 2027, Velocity 1 54 0811409 Not Required, Engine Contingency Adjustment 1 55 0730808 Filters, Remote Mounted, Oil, Fuel, X15, VEL/AXT/Enf 1 56 0001244 High Idle w/Electronic Engine, Custom 1 57 0687994 Engine Brake, Jacobs Compression Brake, Cummins Engine 1 Switch, Engine Brake - e) ISC/ISM/ISL9/ISX Hi Med Lo 58 0552334 Clutch, Fan, Air Actuated, Horton Drive Master 1 59 0123135 Air Intake, w/Ember separator, Imp/Vel 1 60 0814375 Exhaust System, Horizontal, Right Side 1 Exhaust, Diffuser - 5" x 7" x 5" Chrome (Premium) Exhaust, Material/Finish - Aluminized Steel (Standard) Location, Diffuser Termination - Flush With Rub Rail Tip, Exhaust - Curved Down (4" exhaust only) (Premium) 61 0787999 Radiator, Impel/Velocity 1 62 0511425 Cooling Hoses, Rubber 1 63 0788718 Radiator Coolant, Peak Final Charge Global OAT, Red 1 64 0051125 Fuel Tank, 75 Gallon, Left Side Fill, Qtm/AXT/Vel/Imp/DCF/SFR/Enf 1 Finish - Polished 65 0001129 Lines, Fuel 1 66 0582182 DEF Tank, 4.5 Gallon, DS Fill, Rear of Rear Axle, Common Door 1 Door, Material & Finish, DEF Tank - Polished Stainless 67 0723716 Fuel Priming Pump, Electronic, Automatic, Cummins, No Swt Req'd 1 68 0582243 Shutoff Valves, Fuel Line @ Primary Filter, Cummins 1 69 0553019 Cooler, Engine Fuel, Imp/Vel, AXT/Qtm/Sab/DCF/SFR/Enf 1 70 0698720 Fuel Cap Retaining Chain With Holder 1 71 0578959 Fuel/Water Separator, Racor Inline 1 72 0887546 Trans, Allison 6th Gen, 4000 EVS P, w/Prognostics, Imp/Vel/SFR/Enf 1 73 0625331 Transmission, Shifter, 6-Spd, Push Button, 4000 EVS 1 74 0684459 Transmission Oil Cooler, Modine, External 1 75 0522824 Mode, Downshift, Aggressive downshift to 3rd, w/engine brake, 6 speed 1 76 0801876 Fluid, 4000 Series Trans, Allison Approved TES-668 Synthetic, IPOS, Custom 1 77 0001375 Driveline, Spicer 1810 1 78 0669988 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler 1 79 0001544 Not Required, Steering Assist Cylinder on Front Axle 1 80 0509230 Steering Wheel, 4 Spoke without Controls 1 81 0690274 Logo/Emblem, on Dash 1 Text, Row (1) One - Clearwater Text, Row (2) Two - Fire Text, Row (3) Three - Rescue 82 0622948 Winch, Warn, Zeon 10-S Kit, 10,000 lb. Portable, Synthetic, Polished Fairlead 1 83 0600986 Bumper, 26" Extended, Under Slung, Painted, Xlays/Trays,12" H, Imp/Vel 1 84 0510226 Lift & Tow Package, Imp/Vel, AXT, Dash CF 1 10/6/2023 6:02 AM Page 2780Bid #: Line Option Type Option Description Qty 85 0002270 Tow Hooks, Chrome 1 86 0651079 Tray, 3/4 Width, 26" Bumper, Under Slung Design, 12" H Bumper, Imp/Vel 1 Capacity, Hose Tray - Winch on DS, struts in remainder (need 45" in length for struts) Grating, Bumper extension - Grating, Rubber 87 0760901 SP Receiver, Portable Winch, Flush w/ Front Bumper, 10K Pull, w/Power 1 88 0737250 SP Cover, 5" Raised Alum Treadplate, 3/4 Width Over Bumper, Q2B Clearance 1 Type of fastener - Butterfly laches on the front 89 0679393 Flap, Vinyl Protective, Front Bumper/Equipment Tray 1 90 0659662 Light, Amdor, AY-9220-72, 72" LED Strip Light, Front Bumper Cover 1 91 0698960 Coating, Top Flange, Front Bumper, Outside Exterior, UL-LX Coating, Black 1 92 0647227 Cab, Velocity FR, 8420 Raised Roof 1 93 0601652 Engine Tunnel, X12-15, MX13, Spray Insulation, Velocity FR 1 94 0677478 Rear Wall, Exterior, Cab, Aluminum Treadplate 1 95 0122465 Cab Lift, Elec/Hyd, Imp/Vel 1 96 0123176 Grille, Bright Finished, Front of Cab, Velocity 1 97 0752555 Scuffplate, S/S, Striker Side, Cabinet Door(s), Each 2 Location - DS and PS EMS compartment exterior access doors Qty, - 02 Material Trim/Scuffplate - c) S/S, Polished 98 0002224 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 1 Material Trim/Scuffplate - c) S/S, Polished 99 0527032 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity 1 Material Trim/Scuffplate - c) S/S, Polished Turnsignal Covers - No Covers 100 0015440 No Chrome Molding, On side of cab 1 101 0559131 Mirrors, Forward Mtd, Remote, Pierce One-Eleven, LED Turn Signal 1 Finish, Arm Cover - Chrome Finish, Mirror Head - Chrome 102 0667921 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof 1 Key Model, Cab Doors - 751 Cab, Exterior Door Handle, Finish - 4-Door, Chrome/Black 103 0655511 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab 1 104 0667905 Storage Pockets w/ Elastic Cover, Recessed, Overhead, Impel/Velocity FR 1 105 0667902 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR 1 106 0606691 Steps, 4-Door Cab, Dual, 2" Larger Middle and Bottom Steps, Imp/Vel 1 Light, Step, Additional - P25 LED 107 0770200 Handrail, Exterior, Hansen, Knurled, Alum, LED Backlit, 4-Door Cab 1 Color, Handrail Light - Red Control, Handrail Light - Cab Switch and Parking Brake 108 0892637 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 1Lt Per Step 1 Color, Trim - Chrome Housing 109 0002140 Fenders, S/S on Cab 1 110 0199245 Window, Side of C/C, Fixed, 84"/104" Vel/Imp 1 111 0552934 Trim, Cab Side Windows, 84" Velocity 1 112 0012090 Not Required, Windows, Front/Side of raised roof 1 113 0530327 Window, Rear Side of CC, Upper, Fixed, 20" Raised Roof 1 114 0509286 Not Required, Windows Rear of Crew Cab, Imp/Vel 1 115 0558334 Not Required, Trim, Cab Rear Windows, No Rear Windows 1 116 0731588 SP Compt, Storage, 23.50 W x 19.25 H x 20 D, (1) Ea Side C/C, Dbl Pan, 84" Imp/Vel 1 Light, Aux Cab Compartments - Pierce, Striker Side Finish, Cab Compt/Component - Nightspots, 909017 Door, Cab Exterior Cabinet - Double Pan, (2), Locking #751 Door, Exterior Stop - 2-Web Strap 117 0814268 SP Fasteners, S/S, Rain Drip, IATS 1 118 0123686 Drip Rail, Cab Roof, Impel/Velocity/Velocity SLT 1 119 0773956 SP Work Surface, 3/16" Alum, Full Engine Tunnel, Upper 36.5, Lower Lip, Vel/Imp FR 1 Material Finish, Cab Interior - Painted Lip - 2.00" 120 0748671 Cab Interior, Vinyl, Velocity FR, CARE 1 Color, Cab Interior Vinyl/Fabric - Endure Vinyl - Black 121 0667943 Cab Interior, Paint Color, Impel/Velocity FR 1 Color, Cab Interior Paint - b) black 10/6/2023 6:02 AM Page 3780Bid #: Line Option Type Option Description Qty 122 0509532 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF 1 123 0741239 HVAC, Impel/Velocity FR, CARE 1 Paint Color, A/C Condenser - Painted White #10 HVAC System, Filter Access - Tool Free Panel Auxiliary Cab Heater - None 124 0639675 Sun Visor, Smoked Lexan, AXT, Imp/Vel, Saber FR/Enforcer 1 Sun Visor Retention - No Retention 125 0567443 Grab Handles, DS & PS Door Post & Passenger Dash panel, Imp/Vel 1 126 0583938 Lights, Engine Compt, Custom, Auto Sw, Wln 3SC0CDCR, 3" LED, Trim 1 Qty, - 01 127 0122516 Fluid Check Access, Imp/Vel 1 Latch, Door, Storage - Southco C2 Black Raised 128 0583040 Frontal Impact Protection 1 129 0622619 Seating Capacity, 4 Seats 1 130 0697006 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Frontal Impact 1 131 0696991 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Frontal Impact 1 132 0002517 Not Required, Radio Compartment 1 133 0123152 Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium, SCBA 1 134 0102783 Not Required, Seat, Rr Facing C/C, Center 1 135 0123155 Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium, SCBA 1 136 0817683 SP Cabinet, Forward Facing, LS, 25.5 W x 54 H x 24 D, Ext Acc Only, Imp/Vel 1 Scuffplate, Material/Finish - S/S, Polished Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip and (2) Shelves, Adjustable, 0.75" Flange Down Door, Cab Exterior Cabinet - Double Pan, Rev. Hinged, Locking #751 Door, Exterior Stop - Stay Arm Light, Tall Cabinet - Pierce, Exterior, Right Side Louvers, Cabinet - 0-No Louvers 137 0817687 SP Cabinet, Forward Facing, Center, 42 W x 54 H x 24 D, Roll, Imp/Vel 1 False Floor, EMS Cabinet - No False Floor Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (2) Shelves, Adjustable, 0.75" Up-Turned Lip Door, Cab Interior Cabinet - Rollup, Amdor, Anodized, Locking #751 Light, Tall Cabinet - Pierce, Interior, Left Side and Pierce, Interior, Right Side Louvers, Cabinet - 0-No Louvers 138 0817686 SP Cabinet, Forward Facing, RS, 25.5 W x 54 H x 24 D, Ext Acc Only, Imp/Vel 1 Scuffplate, Material/Finish - S/S, Polished Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip and (2) Shelves, Adjustable, 0.75" Flange Down Door, Cab Exterior Cabinet - Double Pan, Rev. Hinged, Locking #751 Door, Exterior Stop - Stay Arm Light, Tall Cabinet - Pierce, Exterior, Left Side Louvers, Cabinet - 0-No Louvers 139 0802321 SP Cabinet, Rear Facing, RS, Overhead, 22 W x 20 H x 24 D, Liftup Dr, WW 1 Light, Short Cabinet - Pierce, Interior, Horizontal Door, Exterior Stop - Stay Arm Door, Cab Interior Cabinet - Lap, Liftup, Lever, Non-Locking Louvers, Cabinet - Louvers, Door 140 0802323 SP Cabinet, Rear Facing, LS, Overhead, 24 W x 20 H x 24 D, Liftup Dr, WW 1 Light, Short Cabinet - Pierce, Interior, Horizontal Door, Exterior Stop - Stay Arm Door, Cab Interior Cabinet - Lap, Liftup, Lever, Non-Locking Louvers, Cabinet - Louvers, Door 141 0651182 Scuffplate, Cabinet, Interior Door Pan, Cab 2 Location - DS and PS EMS cabinets external doors Qty, - 02 Material Trim/Scuffplate - b) S/S, Brushed 142 0817671 SP Cabinet, Forward Facing, Overhead, 92 W x 20 H x 24.5 D, 2" Web, Imp/Vel 20" RR 1 Type of fastener - 2" side release Qty, Compt Door - (4) Web Restraint Location - Bottom (towards the ground) 10/6/2023 6:02 AM Page 4780Bid #: Line Option Type Option Description Qty 142 Light, Overhead Compt - Pierce, Horizontal Mounted 143 0566653 Upholstery, Seats In Cab, Turnout Tuff 1 Color, Cab Interior Vinyl/Fabric - c) Black 144 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats 3 Qty, - 03 145 0690610 Embroidery, Seats, Cab and Crew Cab 1 Qty, Seats Embroidery - 4 Seats 146 0734952 Door, Access, Front, (2) Rear Facing Seat Risers, No Heater 1 Latch, Door, Storage - Southco C2 Black Raised Material Finish, Cab Interior - Black Louvers, Cabinet - Louvers, Door 147 0603867 Seat Belt, ReadyReach 1 Seat Belt Color - Red 148 0604867 Seat Belt Height Adjustment, 4 Seats, Imp/Vel, Dash CF 1 149 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1 150 0647644 Lights, Dome, FRP Dual LED 6 Lts 1 Color, Dome Lt - Red & White Color, Dome Lt Bzl - Black Control, Dome Lt White - Door Switches Control, Dome Lt Color - Lens Switch 151 0896451 Enhanced Software for Cab and Crew Cab Dome Lts 1 152 0631779 Light, Map, Overhead, Round Halogen, AXT/Imp/Vel 1 12vdc power from - Battery switched 153 0612046 Light, Map, Sunnex LS941-00 LED Clear Lens, Knuckle 10 Deg Optics 1 Location - over Officer left shoulder. See photos in Stage 7 E-folder. Qty, - 01 12vdc power from - Battery switched 154 0544419 Handlts, (2) Streamlight Fire Vulcan, Halogen 44401, LED back light 12v, Orange 1 Location, Lights - Leave loose, but run 12V wires near or around the engine tunnel with 10' of lead. Will mount after pick up when Clearwater determines where to mount. 155 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010 1 156 0509511 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX 1 157 0543751 Light, Do Not Move Apparatus 1 Alarm, Do Not Move Truck - Pulsing Alarm 158 0509042 Messages, Open Dr/DNMT, Color Dsply,1 159 0551600 Switching, Cab, Rocker MUX, Impel/Velocity, AXT MUX, Dash CF 1 Location, Emerg Sw Pnls - DS and PS Rocker 160 0555915 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity 1 161 0547505 Wiring, Spare, 10 A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery switched Wire termination - Butt Splice Location - behind driver's seat 162 0560535 Wiring, Spare, 15 A 12V DC 4th 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - PS EMS compartment. lower outboard wall 163 0548046 Wiring, Spare, 60A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Stud Location - behind driver's seat 164 0548004 Wiring, Spare, 15 A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location, Spare Wiring - Center Console 165 0583273 Wire, 18-ga. Spare, Dual Wire 1st 1 Qty, - 01 Location 2 - behind driver's seat Location - behind panel #8 (wrap around console) 10/6/2023 6:02 AM Page 5780Bid #: Line Option Type Option Description Qty 166 0548006 Wiring, Spare, 15 A 12V DC 2nd 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - center of overhead panel 167 0548007 Wiring, Spare, 15 A 12V DC 3rd 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location - DS EMS compartment. lower outboard wall 168 0790556 Wire, CAT 6, terminated, Spare, Qty, 1st 1 Qty, - 01 Location 2 - in wrap around center console behind panel #8 Location - behind the driver's seat 169 0814201 Vehicle Information Center, 7" Color Display, Touchscreen, MUX, CL714 1 System Of Measurement - US Customary 170 0816633 Collision Mitigation, HAAS Alert (R2V), HA7 1 Subscription, HAAS R2V - R2V - 10 Year Data Plan Subscription 171 0776356 Maintenance Reminder Message, Cab Decon, CARE 1 172 0606249 Vehicle Data Recorder w/CZ and Overhead Display Seat Belt Monitor 1 173 0665245 Cable, Motorola HKN6168, 30' Mobile 2-way Radio, Remote Head 1 Location - behind driver's seat Qty, - 01 Location 2 - wrap around console, behind panel #8 174 0616382 Install Customer Provided GPS/Multimode Antenna(s)1 Qty, - 01 175 0694166 Antenna Mount, Larsen NMOKHFUDTHK, 0-6000MHz 1 Location - best roof location Qty, - 01 Location 1 - behind driver's seat 176 0003757 Antenna, Std and Add'l Mts Only, 2-way Radio,Cust,Spl Cable Routing 2 Location - behind driver's seat Qty, - 02 Location 1 - one on PS one on DS 177 0817058 Camera, Pierce, LS Mux, R Camera, SD, CL714 1 Camera System Audio - Speaker on Ceiling Behind Driver 178 0814831 Not Required, Camera Switcher 1 179 0523921 Recess, Rear Vision Camera 1 Location, Camera, Recessed - Driver Side 180 0896458 Pierce Command Zone, Advanced Electronics & Control System, Vel WiFi CZT 1 Color, Antenna - White Antenna Module Housings - See Through Housings with LED Cuircuit Indicators 181 0896456 Prognostics, Electrical System 1 182 0730603 Electrical System, Velocity ESP, Cummins, Paccar 1 183 0079166 Batteries, (4) Stryten/Exide Grp 31, 950 CCA ea, Threaded Stud 1 184 0008621 Battery System, Single Start, All Custom Chassis 1 185 0123174 Battery Compartment, Imp/Vel 1 186 0812383 Charger, Sngl Sys, Kussmaul, Chief 091-266-12-40 1 187 0814869 Location, Cab, Charger, Behind Driver Seat 1 188 0811943 Panel, Remote Control, Kussmaul, Chief 091-266-RCP 1 189 0802450 Inverter, Xantrex Freedom X, 817-1000, Rated @ 750W 1 Location, Inverter Switch - Compt Near Inverter 190 0814966 Location, Cab, Inverter, Behind Driver Seat 1 191 0889570 SP Approved, Inverter 1 192 0770460 Shoreline, 20A 120V, Kussmaul Auto Eject, 091-55-20-120, 091-55-234-XXX Br Cvr 1 Qty, - 01 Color, Kussmaul Cover - b) red Shoreline Connection - inverter/battery charger and cab receptacle 193 0026800 Shoreline Location 1 Location, Shoreline(s) - DS bumper Ext 194 0036803 Interlock Relay, For Shoreline 1 195 0526727 Switch, Auto Transfer, Up to 30Amp, Multiple 1 Qty, - 1 10/6/2023 6:02 AM Page 6780Bid #: Line Option Type Option Description Qty 195 Connection, Transfer Swit - TBD 196 0796206 SP Electric Power Only, Spitzlift, DC Wiring Harness 1 Location - corner of DS rear body roof Qty, Receptacles - 01 197 0647728 Alternator, 430 amp, Delco Remy 55SI 1 198 0676572 SP Switch, Rocker Style, Load Manager 1 199 0532857 SP Programming, Step Lights, Activated w/Prk Brk, IAT 1 200 0092582 Load Manager/Sequencer, MUX 1 Enable/Disable Hi-Idle - d)High Idle disable 201 0783153 Headlights, Rect LED, JW Spkr Evo 2, AXT/DCF/Enf/Imp/Sab/Vel 1 Color, Headlight Bez - Chrome Bezel 202 0648425 Light, Directional, Wln 600 Cmb, Cab Crn, Imp/Vel/AXT/Qtm/DCF 1 Color, Lens, LED's - m)match LED's 203 0620054 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts 1 204 0604373 Light, Marker End Outline, Rubber Arm, LED Marker Lamp 1 205 0736083 Lights, Clearance/Marker, Side, P25 LED 2 Lts, Others With Visor Lt 1 206 0511569 Lights, Clearance/Marker/ID, Rear, P25 LED 7Lts 1 Light Guard - Without Guard 207 0804519 Lights, Tail, Wln M62BTT* Red Stop/Tail & M62T* Amber Dir Arw w/Flange 1 Color, Lens, LED's - Clear Color, Trim - Chrome Trim Flash Pattern, Directional Lts - Steady On (Arrow) 208 0805618 Lights, Backup, Wln M62BU 1 Color, Trim - Chrome Trim 209 0889577 Bracket, License Plate & Light, P25 LED, Stainless Brkt 1 Color, Trim - Chrome Housing 210 0589905 Alarm, Back-up Warning, PRECO 1040 1 211 0769420 Lights, Perimeter Cab, Amdor AY-LB-12HW020 LED 4Dr 1 212 0616293 Not Required, Lights Perimeter Pump House, No Pump 1 213 0770056 Lights, Perimeter Body, Amdor AY-LB-12HW020 LED 2lts, Rear Step 1 Control, Perimeter Lts - Parking Brake Applied and Directional Light Activation 214 0769570 Lights, Perimeter, Amdor AY-LB-12HW020 20", Brkt 4 Qty, - 04 Location, Additional Perimeter Lights - Under Compt LS1, 1lt, Under Compt LS4, 1lt, Under Compt RS4, 1lt and Under Compt LS2, !lt 215 0896454 Enhanced Software for Perimeter Lts 1 216 0607950 Lights, Step, Weldon 9186-23882-30, HDR-NWI, Rear & Rec Walkway, Rr Sw 1 217 0749399 Light, Visor Mt, Wln S72M**, 72" Cnt Feature 1 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS LED Module Type - 4 White Spot 218 0774948 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd 1 Location - High and rear of PS crew door Qty, - 01 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS, Cab Sw Panel PS, Cab and Crew Cab Dr Sw, PS and PS Flood Lts Scene Light Optics - flood Mount, Wln II - Semi-recessed 15 deg P**1 219 0775524 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st 1 Location - High and rear of DS crew door Qty, - 01 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS, Cab and Crew Cab Dr Sw, DS and DS Flood Lts Scene Light Optics - flood Mount, Wln II - Semi-recessed 15 deg P**1 220 0773722 Lights, Wln, P*H2* Pioneer, 12 VDC, 3rd 2 Location - One DS rear and one PS rear, match J#26472 Qty, - 02 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS and Body Switch, DS Rear SS Scene Light Optics - Flood 10/6/2023 6:02 AM Page 7780Bid #: Line Option Type Option Description Qty 220 Mount, Wln II - Semi-recessed 15 deg P**2 221 0774333 Lights, Wln, P*H2* Pioneer, 12 VDC, 2nd 3 Location - three on PS, match J#26472 Qty, - 03 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS and Body Switch, PS Rear SS Scene Light Optics - Flood Mount, Wln II - Semi-recessed 15 deg P**2 222 0774579 Lights, Wln, P*H2* Pioneer, 12 VDC, 1st 3 Location - three on DS, match J#26472 Qty, - 03 Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS and Body Switch, DS Rear SS Scene Light Optics - Flood Mount, Wln II - Semi-recessed 15 deg P**2 223 0004961 Not Required, Work Lights, Alt. Rear Lights, HDR/Encore, No Hose Bed 1 224 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 1 225 0795742 Not Required, Walking Surface, Alt. Walking Surface Lights, HDR 1 226 0019030 HDR, Non-Walk-In, Aluminum 1 227 0691089 SP 23.5' Body Length, 48.48.48.57.60, NWI, 100" Body 1 228 0656685 100" Body Width, NWI 1 229 0018374 98" Body Height, NWI 1 230 0654006 SP 98" Height, W/(3) Hatch & Recessed Walkway, NWI 1 231 0692726 Doors, Gortite, Roll-up, Side Compartments 10 Qty, Door Accessory - 10 Color, Roll-up Door, Gortite - Painted to Match Lower Body Latch, Roll-up Door, Gortite - Non-Locking Liftbar 232 0041773 23.5' Body Roll Doors, 48.48.48.57.60, NWI 1 233 0676925 SP Left Forward Compt, 48" & 48" & 48", Roll, NWI, 100" Body 1 234 0011967 Left Over Wheel Compt, 57", Roll, Transverse, NWI 1 235 0659293 SP Left Rear Compt, 60" Roll, Transverse, NWI 1 236 0676917 SP Right Forward Compt, 48" & 48" & 48", Roll, NWI, 100" Body 1 237 0013260 Right Over Wheel Compt, 57" Roll, Transverse, NWI 1 238 0659292 SP Right Rear Compartment, 60" Roll, Transverse, NWI 1 239 0659286 SP Rear Compt, Lap Lift Up, 28" Deep, 60" Xverse Side Compt, Rec. W/W, NWI 1 240 0008886 MODIFICATION, Delete Interior Divider Between Hatch Compartments 1 Location - in the two forward hatch compartments where reels are mounted above D4 and P4 241 0645531 SP MODIFICATION, Regulator, Change to 250 psi 1 242 0503432 Audio/Video Network Not Provided 1 243 0615680 SP Base, Spitzlift Crane Mounting 1 Location - DS rear Qty, - 1 244 0615694 SP Crane, Portable, Spitzlift LTD-424, 12V Winch 1 Location - DS rear Qty, - 01 245 0681950 Vent, in Hatch Compartment 1 Location - in the forward most hatch compartment above RS5 for air circulation to hydraulic power unit in hatch compartment Qty, - 1 246 0021401 Stairway, Retractable, Recessed Walkway, Aluminum 1 247 0004897 Rope Anchor, Pinnable, 9000 lb Rated, Part Only 2 Qty, - 02 248 0629341 Rope Anchors, Pair, 9,000 lb Rating 1 Qty, Pair - 01 Location, Rope Anchors, First Pair - Side Sheet, Upper Rear Corner Location, Rope Anchors, Second Pair - Not Required Location, Rope Anchors, Third Pair - Not Required 249 0532786 Divider, Compt, Hatch Interior, Adjustable 1 Location - in the hatch compartment above RS5 to separate the Hurst hydraulic power unit from the rest of the hatch compartment Qty, - 1 10/6/2023 6:02 AM Page 8780Bid #: Line Option Type Option Description Qty 250 0023359 Floor Extension, Compt 3 Location - LS4, LS5, RS4 Qty, - 03 251 0544222 Rack, Extinguisher(s), Size 2 Location - RS5 Qty, - 02 Configuration - 2 high in front of tool box Dimensions - TBD 252 0650973 Rack, SCBA Bottles, 7.00" x 7.00", Additional 9 Location - NINE (9) IN RS1 (3X3) Qty, - 09 Configuration - 3 x 3 253 0004201 Rack, SCBA Bottles, 7.50" x 7.50"6 Location - in B1 above the fill stations Qty, - 06 Configuration - SIX (6) TO FIT AROUND THE FILL STATION CONTROL PANEL PER THE APPROVA DRAWING. THE 4 SLOTS IN THE UPPER ROW ARE TO HAVE NO BACKS SO THAT EXTRA LENGTH BOTTLES WILL FIT IN THEM 254 0807384 Recess For Reel(s), In Hatch Compartment(s) w/Removable Cover 3 Location - above RS2, RS3, & RS4 Qty, Reel - 03 255 0049946 Cable Release, Tilt Tray, IAT Std Latches 7 Location - LS5 forward of forward partition, 2 in LS3 upper, LS1 upper forward of partition, RS5 upper, RS3 upper, RS1 upper forward of partition. Qty, - 07 256 0794489 Bumper, Rear, Non-Walk-In 13.00" D 1 257 0793822 Not Required, Water Tank, Rescue 1 258 0023410 Not Required, Overflow 1 259 0028107 Not Required, Foam Cell Modification 1 260 0553729 Not Required, Restraint, Water Tank, Heavy Duty 1 261 0013534 Not Required, Running Boards 1 262 0690026 Wall, Rear, Body Material 1 263 0003540 Tow Eyes (2) (Tanker/Rescue)1 264 0019845 Guard, Drip Pan, S/S, Rollup Door 10 Qty, Door Accessory - 10 Location, Door Accessory - All compts 265 0518559 Keyed Locks for Roll-Up Doors, Key Style 751 1 Qty, Door Accessory - 01 Location, Door Accessory - RS1 266 0642304 Electric Door Locks, Body Doors, Gortite 1 Location - location 14 Location, Door Accessory - RS1 Qty, - 01 267 0689547 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, HDR 11 Qty, - 11 268 0606068 Lights, Hatch Compt, Pierce LED Strip Lights, HDR 1 269 0804898 SP Shelf, Adj, Inverted, Down Turned Flanges, 2" Sides 1 Qty, Shelf - 01 Location, Shelf - RS1 upper Material Finish, Shelf - Painted - Nightspots 270 0652247 Shelf, Adjustable, 500 lb Capacity, Standard Depth, HDR 2 Qty, Shelf - 02 Location, Shelf - LS1rearward of partition centered, RS1 rearward of partition centered. one in RS1 to rear of vertical divider to support air bottle rack in RS1. One in LS1 to rear of vertical divider. Material Finish, Shelf - Painted - Nightspots 271 0652269 Tray, 500 lb, Slide-out, 1-Way, Utility, Adj Height, 3" Sides, 1/2 Trans, HDR 2 Location - One in RS3, One in RS5 Qty, Tray (slide-out) - 02 Material Finish, Tray - Painted - Nightspots 272 0652264 Tray, 500 lb, Slide-out, 2-Way, Utility, Adj Height, 3" Sides, Full Trans, HDR 1 Location - RS1 / LS1 10/6/2023 6:02 AM Page 9780Bid #: Line Option Type Option Description Qty 272 Qty, Tray (slide-out) - 01 Material Finish, Tray - Painted - Nightspots 273 0652262 Tray, 200 lb, Tilt/Slide-out, 30 Deg, Adj, 1/2 Trans, HDR 7 Location - LS5 forward of forward partition, 2 in LS3 upper, LS1 upper forward of partition, RS5 upper, RS3 upper, RS1 upper forward of partition. Qty, Tray (slide-out) - 07 Material Finish, Tray - Painted - Nightspots 274 0646559 Tray, Floor Mounted, Utility, One Way Slide-Out, 500lb, 3" Sides, 1/2 Trans 9 Qty, - 09 location - LS5 rearward of rear partition, LS5 forward of forward partition, LS4 x3 equal width, RS5, RS4 x3 equal width, Material Finish, Tray - Painted - Nightspots 275 0627823 Tray, Floor Mounted, Slide-Out, Standard Depth Compt, Low/Special Sides, HDR 3 Qty, - 03 location - LS1 forward of partition and rearward of partition, RS3 (forward of shoring box Mike Brown to provide dimensions). Tray, Low Side Height, Front - 1" Tray, Low Side Height, Left - 1" Tray, Low Side Height, Rear - 1" Tray, Low Side Height, Right - 1" Material Finish, Tray - Painted - Nightspots 276 0804955 SP Drawer Insert, CTECH, Four Drawers, Up To 48" Wide 1 Qty, - 01 Location - RS5 forward of extinguisher rack Size, Drawer Height 1 (Top) - 2.00" Size, Drawer Height 2 - 3.75" Size, Drawer Height 3 - 5.75" Size, Drawer Height 4 - 8.00" 277 0648484 Toolboard, Slide-out,Alum,.188",Peg Board,w/6" Wide Adj Tray Underside,1/2 Trans 5 Finish - Painted, Nightspots 909017 location - three in LS4, 2 in RS4 Qty - 5 278 0726429 Partition, Vertical Compt, Transverse Compt, Aerials/HDRs 4 Qty, Partition - 04 Location - two 1/2 depth LS5 (16" from rear wall and 29" from rear wall). LS1/RS1 35.5" from forward wall. lengthwise in center of LS5/RS5 to separate the two compartments 279 0726451 Partition, Vertical Compt 2 Qty, Partition - 02 Location, Partition, Vertical - LS4 34" from rear wall, RS4 34" from rear wall, 280 0554385 Box, Poly Tool, Special Size 1 Location - RS3 Qty, Comp. Accessory - 01 Size - TBD (Mike Brown to provide shoring box dimensions) Color - 1) black 281 0539811 Box, Poly Tool 8 Location - LS5 above 8 slot rack Qty, Comp. Accessory - 08 Color - 1) black Length - 23.00" Width - 6.00" Depth - 6.00" 282 0539812 Box, Poly Tool, Additional 8 Location - LS4 & RS4 Qty, Comp. Accessory - 08 Color - 1) black Length - 24.00" Width - 9.00" Depth - 16.00" 283 0044903 Netting, Retention 1.00" Nylon Strap, Side Fastened, 2.00" Box Pattern 2 Location - LS3 & RS3 above false floor, 1' high (to restrain plywood Qty, - 02 Type of fastener - Lift-a-dot 10/6/2023 6:02 AM Page 10780Bid #: Line Option Type Option Description Qty 284 0699887 Floor, Smooth Alum, Angled for Cribbing, Removeable 2 Location - LS5, LS3 Qty, Comp. Accessory - 02 285 0606863 Rack, Equipment Storage, Individual Slot(s), Qty.8 Location - Floor of LS5 Qty, - 08 Configuration - 8 in a horizontal row Dimensions - 6" x 6" x 26" 286 0542060 Floor Extension, Compartment, 2.00" Downturned Lip, 0.18" Alum 6 Location - LS5, LS4, LS3, RS5, RS4, RS3, Qty, - 06 287 0004016 Rub Rail, Aluminum Extruded, Side of Body 1 288 0510626 Fender Crowns, Rear, S/S, Wider Than Standard 1 289 0519848 Not Required, Hose, Hard Suction, No Pump 1 290 0609286 Handrail, Extra - 15-20" Long, Hansen Tubing, Knurled Aluminum LED Backlit 2 Location, Handrails - each side of rear body compartment door Qty, Handrails - 02 Switch, Handrail Light Control - With Cab Hand Rail Controls Color, Light, Hansen Handrail - Red 291 0044229 No Extension Ladder Req'd 1 292 0074231 No Roof Ladder Req'd 1 293 0074248 Not Required, Folding Ladder 1 294 0540739 Not Required, Rack, Equipment Storage, Rear Compt 1 295 0044067 Step, HDR Pull-Out Rear 1 Location, driver's/passenger's/center - RS 296 0518339 Not Required, Pump House, Rescue 1 297 0092531 Not Required, Pump House Structure 1 298 0796159 Not Required, Pump, Rescue 1 299 0012216 No Seal/Packing Required 1 300 0012690 Not Required, Trans, Pump 1 301 0669703 Not Required, Pumping Mode 1 302 0024484 Not Required, Pump Shift 1 303 0046295 Transmission Lock-up, Not Req'd, NO PUMP 1 304 0046296 Not Required, Auxiliary Cooling System, NO PUMP 1 305 0046283 Not Required, Transfer Valve, NO PUMP 1 306 0024513 Not Required, Intake Relief Valve 1 307 0046403 No Relief Valve Req'd, No Pump 1 308 0012336 No Pump Primer Req'd 1 309 0012816 Not Required, Pump Manuals 1 310 0090789 Not Required, Plumbing, No Pump 1 311 0046371 Not Required, No Plumbing or Foam System 1 312 0796254 No Main Inlet Required, Rescue No Pump 1 313 0584002 Not Required, Cap, Main Pump Inlet, No Side Inlet Caps Required, No Pump 1 314 0089389 No Valves, (No Pump)1 315 0074685 Not Required, Inlet Installation 1 316 0064700 Not Required, Inlet Control 1 317 0055600 Not Required, Auxiliary Inlet, Left Side 1 318 0029147 Not Required, Inlet, Right Side 1 319 0681723 No Bleeder Valve, No Pump 1 320 0681730 Not Required, Tank to Pump, No Pump 1 321 0074900 Not Required, Tank Fill 1 322 0089394 Not Required, Outlet Control, No Pump 1 323 0551181 Not Required, Outlet, Left Side, Rescue 1 324 0055095 Not Required, Elbow, Left Side Outlets, 2.50"1 325 0092570 Not Required, Outlets, Left Side Additional 1 326 0021143 Not Required, Outlet, Right Side 1 327 0021134 Not Required, Elbow, Right Side Outlets 1 328 0092571 Not Required, Outlets, Right Side Additional 1 329 0089584 Not Required, Elbow, Right Side Outlets, Additional 1 330 0046382 Not Required, Outlet, Large Diameter, No Pump 1 331 0007308 Not Required, Elbow, Large Diameter Outlet 1 332 0092572 Not Required, Outlet, Front 1 10/6/2023 6:02 AM Page 11780Bid #: Line Option Type Option Description Qty 333 0092575 Not Required, Outlet, Rear 1 334 0045099 Not Required, Elbow, Rear Outlets 1 335 0092574 Not Required, Outlet, Rear, Additional 1 336 0728255 Not Required, Caps/Plugs for 1.00" to 3.00" Discharges/Inlets 1 337 0089391 Valve, Bleeder - None Req'd, (No Pump)1 338 0029106 Not Required, Deluge Outlet 1 339 0029302 No Monitor Requested 1 340 0029304 No Nozzle Req'd 1 341 0029107 No Deluge Mount 1 342 0723726 Speedlay Module Not Required 1 343 0722432 Hose Restraint Not Required, No Speedlay Module 1 344 0723395 Speedlays, Not Required 1 345 0723394 Speedlays, Not Required 1 346 0519936 Not Required, 1.50" Crosslays, Rescue 1 347 0500535 Not Required, Hose Restraint, Crosslay 1 348 0029260 Not Required, Speedlays 1 349 0750536 Hose Restr, Spdly, Not Required, No Spdly 1 350 0046372 Not Required, Foam System, Pump, or Plumbing 1 351 0012126 Not Required, CAF Compressor 1 352 0552517 Not Required, Refill, Foam Tank 1 353 0042573 Not Required, Foam System Demonstration 1 354 0045465 Not Required, Foam Tanks 1 355 0091110 Not Required, Foam Tank Drain 1 356 0091079 Not Required, Foam Tank #2 1 357 0091112 Not Required, Foam Tank #2 Drain 1 358 0738072 Approval Dwg, Pump Panel(s), Not Required 1 359 0000261 Not Required, Pump Panel Layout 1 360 0030701 Not Required, Material, Pump Panels, No Panel 1 361 0046495 Not Required, Pump Access, No Pump 1 362 0002624 Not Required, No Chassis Engine Gauges @ Pump Panel 1 363 0046400 Throttle, Engine, Not Required, No Pump/Skid Pump 1 364 0892618 Not Required, Indicator Light, Pump Panel, No Pump or Skid Pump 1 365 0046378 Not Required, Gauges, Vac/Pressure, No Pump 1 366 0046375 Not Required, Gauges, No Pump 1 367 0035650 Not Required, Water Level Gauge 1 368 0006774 Not Required, Foam Level Gauge 1 369 0046280 Not Required, Light Shield, No Pump 1 370 0747460 Air Horns, (2) Hadley, 6" Round, eTone, UnderSlung Bumper 1 371 0606835 Location, Air Horns, Bumper, Each Side, Outside Frame, Outboard (Pos #1 & #7)1 372 0757092 Control, Air Horn, Multi Select 1 373 0757076 Control, Air Horn, Lanyard, RS 1 Lanyard - Plastic Coated Braided Cable 374 0757077 Control, Air Horn, Lanyard, LS 1 Lanyard - Plastic Coated Braided Cable 375 0006133 Siren, Code 3 3692 100W or 200W 1 376 0510206 Location, Elect Siren, Recessed Overhead In Console 1 Location, Elec Siren - Overhead, PS Inside Sw Pnl 377 0076156 Control, Elec Siren, Head Only 1 378 0791125 Speaker, (1) Code 3, C3100 Series, Mounted Behind Bumper, 100 watt 1 Connection, Speaker - siren head 379 0678617 Location, Speaker, Frt Bumper, Recessed, Right and Left Side Corners 1 380 0895310 Siren, Federal Q2B 1 Finish, Q2B Siren - Chrome 381 0006095 Siren, Mechanical, Mounted Above Deckplate 1 Location, Siren, Mech - a) Left 382 0748305 Control, Mech Siren, Multi Select 1 383 0729539 Control Mech Siren, Rocker Momentary On, Brake LS 1 384 0895055 Control Mech Siren, Ft Sw RS, Interlock 1 Control, Interlocks - Prk Brk Released 385 0740391 Sw, Siren Brake, Momentary Chrome Push Button, RS 1 10/6/2023 6:02 AM Page 12780Bid #: Line Option Type Option Description Qty 386 0726839 Sw, Siren Brake, Momentary Red Rocker, Location, Hardwire 1 Location - over DS head 387 0811625 Control System, Supplier Based, Electrical Wln CenCom Core C399 HW CCCo 1 388 0734625 Control, Warning Lt Intensity, Wln, Photocell, Prk Brk 1 389 0721598 SP Lightbar, Wln, Frdm Q WCX, 81", RRRRWRRROptRRRWRRRR, CCCo 1 Opticom Priority - b) High Opticom Activation - Cab Switch & E-Master Momentary Opticom Activation - No Activation Filter, Whl Freedom Ltbrs - No Filters 390 0641779 Bracket, Lightbar, Forward Offset, FR Raised Roof Cab 1 391 0887345 SP Lightbars, Wln, Freedom IV-WCXF4MINI, 2-21.5", RRWRR RRWRR, CCCo 1 Lightbar Location, Cab/Crew Cab - c)over the cab doors Filter, Whl Freedom Ltbrs - No Filters 392 0731884 Lights, Front Zone, Wln M6**S, Q Bezel 4Lts CCCo 1 Color, Lens, LED's - Clear Color, Lt DS Frnt Outside - Left Red Color, Lt PS Frnt Outside - Right Red Color, Lt DS Front Inside - Left Red Color, Lt PS Front Inside - Right Red Color, Q Bezel and Trim - Polished Chrome 393 0757440 Light, Front, Roto Ray 4000W, PAR46 LED, 2-R, 1-W, Hidden Mt Top Section Grl 1 394 0895940 Lights, Side Zone Lower, Wln, Separated into Front, Middle, Rear 1 395 0804494 Lights, Side Zone Lower Front, Wln M6D#, CCCo 1 Location, Lights Front Side - b)each side bumper Color, Trim - Chrome Trim Color, Lt Side Frnt RS Cmb - Red and White Color, Lt Side Frnt LS Cmb - Red and White 396 0804496 Lights, Side Zone Lower Middle, Wln M6D#, CCCo 1 Location, Lights Mid Side - Rearward of Crew Cab Doors Color, Trim - Chrome Trim Color, Lt Side Mid LS Cmb - Red and White Color, Lt Side Mid RS Cmb - Red and White 397 0807294 Lights, Side Zone Lower Rear, Wln M6V2**, CCCo 1 Color, Lens, LED's - Clear Control, Scene Lts - Cab Sw Panel DS and Directional Light - Respective Location, Lights Rear Side - Centered Above Rear Wheels Color, Trim - Chrome Trim Color, Lt Side Rear PS - Right Red Color, Lt Side Rear DS - Left Red 398 0896616 Lights, Door Interior Flash, 4 Dr Cab, Weldon 8401-0000-20 Strip Light 1 Control, Door Int Flash - None (Doors only) Location, Light, Door Int Flash - Over Window 399 0815847 Connectors, Door Interior Flash, All Cabs, Weatherproof 1 400 0662391 Lights, Side, Wln WIONSMCD Split R/W LED, Chrome Flng,Mnt In Rub Rail 1st 6 Location, Lights - Center of each rub rail Total 6 Qty, - 06 Control, Light - b) side warning Color, Lens, LED's - c)clear 401 0734473 SP Lights, Door Interior Flash, Cab Compt, Weldon 8401-0000-20 LED, Strip Lt 2 Location - on the INTERIOR of the LS and RS exterior EMS cabinet doors Qty, - 02 402 0807350 SP Lights, Side, Wln M6D#, CCCo, 1st 4 Location - a pair rear of the crew cab door inline with the side warning light on the front bumper. Put the second pair on the front bumper on the angled portion. Match J#33243 Qty, - 04 Color, Lights, Warning - Red and White Control, Light - f) emerg master Color, Trim - Chrome Trim 403 0803815 SP Lights, Side, Wln M9D#, CCCo, 1st 2 Location - 2 on each side of the body in the upper area spaced half way between the front and middle floodlights and halfway between the rear and middle floodlights ref J#26472 Qty, - 02 10/6/2023 6:02 AM Page 13780Bid #: Line Option Type Option Description Qty 403 Color, Lights, Warning - Red and White Control, Light - f) emerg master Color, Trim - Chrome Trim 404 0727126 Lights, Rear Zn Lwr, Wln M6**S, For Tail Lt Housing CCCo 1 Color, Lens, LED's - Clear Color, Lt DS Rear - Left Red Color, Lt PS Rear - Right Red 405 0898488 SP Lights, Rear, Wln M6**S LED, 1st, CCCo 2 Location - This light will go on the inside rear portion of lift up door on B1 so that when the door is open the amber light will flash for visibility Qty, - 02 Color, Lights, Warning - Amber Flashing Control, Light - f) emerg master Color, Lens, LED's - Clear Color, Trim - Chrome Trim 406 0721762 Lights, Rear Zn Upr, Wln M6*CS 6Lts, CCCo 1 Color, Lt, Side Rear Upper DS - Red Color, Lt, Side Rear Upper PS - Amber Color, Lt, Rear Upper DS - Red Color, Lt, Rear Upper PS - Amber Color, Trim - Chrome Trim Color, Lt, Rear Mid LS - Red Color, Lt, Rear Mid RS - Red 407 0898688 Light, Rear Zone Up Block, Wln M9**S, 2lts, CCCo 1 Location, Lights - Each side high on rear of body Color, Lens, LED's - Clear Color, Lt, Rear Upper DS - Red Color, Lt, Rear Upper PS - Red Color, Trim - Chrome Trim 408 0762435 Light, Traffic Directing, Wln TAL85, 46.87" Long LED, Lens Feature 1 Activation, Traffic Dir L - Aux Flash with Park Brake Color, Lens, LED's - c)clear 409 0529861 Location, Traf Dir Lt, Surface Mounted Over Rear Door with Treadplate Box 1 410 0529642 Location, Traf Dir Lt Controller, Overhead Switch Panel DS Left End 1 411 0006646 Electrical System, 120/240VAC, General Design 1 412 0888995 Generator, MagnaPlus, 80kW Continuous, 120/240Vac, 60Hz, 3 Phase, PTO 1 413 0016645 Location, PTO Generator, Between the Frame Rails 1 414 0016752 Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl 1 415 0016757 Not Required, Remote Start, Generator 1 416 0016740 Not Required, Fuel System 1 417 0016767 Not Required, Oil Drain Extension, Generator 1 418 0036738 Circuit Breaker Panel, Included With PTO Generator 1 Location, Circuit Breaker Panel - LS2, Left Wall High 419 0092381 Guard, Splash Guard for PTO Generator Between the Frame Rails, Stainless Steel 1 420 0016771 Not Required, Routing Exhaust, Generator 1 421 0066627 Reel, Elect Cable, Hannay, 1600, (4) Wire 4 Qty, Cord Reels - 4 Reel Guide - a) Nylatron guide Finish, Reel - Painted Gray Location, Electric Cord Reel - PS Hatch Cmpt Above P3, LS Hatch Cmpt Above LS3 Forward, LS Hatch Cmpt Above LS3 Rear and RS Hatch Cmpt Above RS3 422 0086632 Cord, Electric, 10/4 Yellow, 4 Wire 4 Lengths of Elect Cord - 4 Feet of Yellow Cord - e)200 Connection, Cord - Hubbell 20A 120/240V Twst Lk 423 0780360 Receptacle Strip, 20A 120V 6-Place, Interior Cab 2 Qty, - 02 Location 1 - mount high in each EMS compartment in the crew cab AC Power Source - Shoreline 424 0025566 Receptacle, 20A 240V 3-Pr 3-Wr SB, 6-20 Wtrprf 1 Location, Receptacles - one (1) in the forward hatch compartment above RS5 for the Hurst hydraulic power supply Qty, - 01 10/6/2023 6:02 AM Page 14780Bid #: Line Option Type Option Description Qty 424 AC Power Source - Generator 425 0510721 Breathing Air Cascade Sys. (4) 6000 ASME, Storage Cyl.1 Location, Cascade Bottles - under floor of D2/P2 compartment with access through the rear compartment 426 0016855 Breathing Air System General Design 1 427 0501818 Demonstration, Breathing Air System, at Factory 1 428 0510694 Air Control Panel, Eagle, Custom, Breathing Air System 1 Location - R1 Qty, Storage Banks - Eagle 04 Bank Config, ACP Regulator - 2-HP, 1-LP Config, ACP Booster - a) no pump Config, Compressor - b) with 429 0090430 Fill Encl, 2 Bottle,"SpaceSaver"Model 100A,13" Wide, RSP 2 Location - R1 Qty, - 02 430 0818034 SP Compressor, BreathAir, 25.2 SCFM, Bauer, BP25H E3, 6000 PSI, 20HP, Clearwater 1 Location - DS LS2 compt set back 15-16" from the lip 431 0066890 Reel, Breathing Air, High Pressure w/150' Hose 1 Location - In coffin box above RS2 toward rear Qty, Reel - 01 Reel Guide - b) Captive roller Finish, Reel - Painted Gray 432 0766381 Reel, Breathing Air, Low Pressure w/150' Hose 2 Location - One in coffin box above LS2 toward frt of compt One in coffin box above RS2 toward frt Qty, Reel - 02 Reel Guide - b) Captive roller Finish, Reel - Painted Gray 433 0547854 Brand, Hydraulic Tool System, Hurst High Pressure 1 434 0649753 Not Required, PTO Driven Hydraulic Tool System 1 435 0655662 Mounting Bracket, Power Supply, For Future Installation 1 Qty, - 01 Fill in Blank - **VERIFY*** Hurst JL-AC-TR 220V power supply. (The Hurst with 4 outlets) Location, Power Unit - Above RS5 in coffin compts Vent as needed 436 0627286 Hose, Hydra., Hurst High Pressure, 98', Twin Line, Streamline 6 Qty, - 06 Location - red hose on forward most reel on each side, green hose on middle reel on each side, and black hose on rear most reel on each side Color, Insert, Hydraulic Hose 1 - Red Color, Insert, Hydraulic Hose 2 - Green Color, Insert, Hydraulic Hose 3 - Black Color, Insert, Hydraulic Hose 4 - Red Color, Insert, Hydraulic Hose 5 - Green Color, Insert, Hydraulic Hose 6 - Black 437 0627269 Hose, Hydra., Hurst High Pressure, 4'-12', Twin Line, Streamline, Connection 6 Qty, - 06 Location - All reels to power unit and all dumps remote. Colors of these hoses to match color of hoses on the respective reels Color, Insert, Hydraulic Hose 1 - Red Color, Insert, Hydraulic Hose 2 - Green Color, Insert, Hydraulic Hose 3 - Black Color, Insert, Hydraulic Hose 4 - Red Color, Insert, Hydraulic Hose 5 - Green Color, Insert, Hydraulic Hose 6 - Black 438 0653549 Reel, Hyd, Hannay, 100' Cap., .25" Dual Hose (Any Make Tool)3 Qty, Reel - 03 Brand, Model, Age of Tool - Hurst 2026 Reel Guide - b) Captive roller Location - Three RS4 439 0598189 Couplings, Hurst, Streamline, Set 6 Location - on all the reels in compartments D4 and P4 Qty, - 06 10/6/2023 6:02 AM Page 15780Bid #: Line Option Type Option Description Qty 440 0681249 Fluid, Hurst Hydraulic, High Pressure, Two (2) Gallons 5 Qty, - 05 441 0007150 Bag of Nuts and Bolts 1 Qty, Bag Nuts and Bolts - 1 442 0602524 NFPA Required Loose Equipment, Special Services, NFPA 2016,Provided by Fire Dept 1 443 0796255 Not Required, Soft Suction, Rescue No Pump 1 444 0602533 Extinguisher, Dry Chemical, Special Services, NFPA 2016, Provided by Fire Dept 1 445 0602351 Extinguisher, 2.5 Gal. Press Water, Special Service, NFPA 2016,Prov by Fire Dept 1 446 0741569 Paint Process / Environmental Requirements, Appleton 1 447 0709846 Paint, Two-Tone Color, Velocity/Impel 1 Paint Color, Upper Area, Predefined - #10 White Shield, Cab - High Shield-Velocity/Impel Paint Color, Lower Area, Predefined - #90 Red Paint Break, Cab - Standard Two-Tone Cab Break 448 0709833 Paint, Two-Tone Color, Body 1 Paint Break, Body - Special Paint, Lower Body - Match Cab Lower Paint, Upper Body - Match Cab Upper 449 0646901 Paint Chassis Frame Assy, With Liner, E-Coat, Standard 1 Paint Color, Frame Assembly, Predefined - Standard Black 450 0693797 No Paint Required, Aluminum Front Wheels 1 451 0687653 Paint, Rear Wheels, Single Axle, Alum-Stl 1 Paint, Wheels - Black #101 452 0733739 Paint, Axle Hubs 1 Paint, Axle Hub - Lower Job Color 453 0763645 Compartment Paint, 909017, Nightspots, HDR NWI Body 1 454 0544124 Reflective Band, 1"-4"-1"1 Color, Reflect Band - A - i) gold Color, Reflect Band - B - l) white Color, Reflect Band - C - ze) gold 455 0510041 Reflective across Cab Face, Imp/Vel 1 456 0536955 Stripe, Chevron, Rear, Diamond Grade, Rescue 1 Color, Rear Chevron DG - fluorescent yellow green 457 0027341 Jog, In Reflective Stripe, Single or Multiple 1 Qty, - 1 458 0679885 Stripe, Sign Gold Outline Above & Below Reflective Band 1 Qty, - 01 459 0567374 Stripe, Black Outline each Chevron Stripe @ Rear (Not Warranted)1 460 0087355 Stripe, Reflective, 6" Inside Compt Door 2 Location - each exterior access EMS compt door Color, Reflect Band - A - e) black Qty, - 02 461 0065687 Stripe, Reflective, Cab Doors Interior 1 Color, Reflective - e) black 462 0679794 Stripe, Reflective, Two-Tone Paint Break with Shield, IPO Chrome Molding 1 463 0679826 Stripe, Sign Gold, Side of Cab, Low and Over Fender 1 464 0594559 Lettering Specifications, (Sign Gold Process)1 465 0679872 Stripe, Sign Gold, Box, Each Individual Compt 1 Qty, Compts Striped,Boxed - 01 466 0679866 Stripe, Sign Gold, Side of Body, Over Fender Only, Single Axle 1 467 0685932 Lettering, Sign Gold, 3.00", (41-60)1 Outline, Lettering - Outline and Shade 468 0686018 Lettering, Reflective, 5.00", Each 8 Qty, Lettering - 08 Outline, Lettering - Outline 469 0685798 Lettering, Sign Gold, 6.00", (1-20)1 Outline, Lettering - Outline and Shade 470 0685732 Lettering, Sign Gold, 14.00", Each 4 Qty, Lettering - 04 Outline, Lettering - Outline and Shade 471 0685745 Lettering, Sign Gold, 10.00", Each 10 Qty, Lettering - 10 10/6/2023 6:02 AM Page 16780Bid #: Line Option Type Option Description Qty 471 Outline, Lettering - Outline and Shade 472 0685800 Lettering, Sign Gold, 6.00", Each 2 Qty, Lettering - 02 Outline, Lettering - Outline and Shade 473 0663907 Lettering, Vinyl, 1.50", Each 11 Qty, Lettering - 11 Outline, Lettering - No Outline or Shade 474 0684054 Lettering, Vinyl, 3.00", (1-20)1 Outline, Lettering - Outline 475 0685743 Lettering, Sign Gold, 10.00", (21-40)1 Outline, Lettering - Outline and Shade 476 0685735 Lettering, Sign Gold, 12.00", Each 2 Qty, Lettering - 02 Outline, Lettering - Outline and Shade 477 0686081 Lettering, Reflective, 3.00", (21-40)1 Outline, Lettering - Outline 478 0017268 Decals, Customer furnished, Pierce installed, Per Pair 1 Qty, - 1 479 0056505 Emblem, "Honoring America's Bravest" w/Helmet, Color Image, Std, Pair 1 Qty, - 1 Location, Emblem - on roll up doors for compartments D1 and P1 480 0684183 Emblem, Maltese Cross, Reflective, 18"-20", Pair 1 Qty, - 01 Location, Emblem - on the rear roll up door 481 0684185 Emblem, Maltese Cross, Reflective, 12"-14", Pair 1 Qty, - 01 Location, Emblem - on upper part of EMS external door on cab side 482 0769753 Emblem, American Flag Painted on Cab Grille, All Custom Chassis 1 483 0000000 STF Equipment Allowance 1 484 0772003 Manual, Fire Apparatus Parts, USB Flash Drive, Custom 1 Qty, - 01 485 0772037 Manual, Chassis Service, USB Flash Drive, Custom 1 Qty, - 01 486 0772065 Manual, Chassis Operation, (2) USB Flash Drives, Custom 1 487 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 1 488 0611136 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 1 489 0696698 Warranty, Engine, Cummins, 5 Year, WA0181 1 490 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1 491 0595767 Warranty, Frame, 50 Year, Velocity/Impel, WA0038 1 492 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 1 493 0733306 Warranty, Single Axle, 5 Year, Meritor, General Service, WA0384 1 494 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 1 495 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1 496 0744240 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1 497 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1 498 0695416 Warranty, Pierce Camera System, WA0188 1 499 0647720 Warranty, Pierce LED Strip Lights, WA0203 1 500 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1 501 0685945 Warranty, Transmission Cooler, WA0216 1 502 0033401 Not Required, Tank Warranty 1 503 0596024 Warranty, Structure, 15 Year, HDR, WA0010 1 504 0690936 Warranty, Roll up Doors, Not Required 1 505 0012599 Warranty, Pump, Not Required 1 506 0046370 Not Required, Warranty, No Plumbing 1 507 0641372 Warranty, Foam System, Not Available 1 508 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1 509 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 1 510 0683627 Certification, Vehicle Stability, CD0156 1 511 0808577 Certification, Engine Installation, Velocity, Cummins X15, 2027 1 512 0686786 Certification, Power Steering, CD0098 1 513 0892701 Certification, Cab Integrity, Impel/Velocity FR, CD0190 1 514 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 1 10/6/2023 6:02 AM Page 17780Bid #: Line Option Type Option Description Qty 515 0548967 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 1 516 0667411 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 1 517 0549273 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 1 518 0735950 Certification, Cab HVAC System Perf, Vel/Imp FR, CD0166/CD0168/CD0176/CD0177 1 519 0545073 Amp Draw Report, NFPA Current Edition 1 520 0002758 Amp Draw, NFPA/ULC Radio Allowance 1 521 0799248 Appleton/Florida BTO 1 522 0000031 HDR BODY 1 523 0000012 PIERCE CHASSIS 1 524 0004713 ENGINE, OTHER 1 525 0046396 EVS 4000 Series TRANSMISSION 1 526 0020037 NO PUMP 1 527 0020013 NO WATER TANK 1 528 0028047 NO FOAM SYSTEM 1 529 0046282 Not Required, Control Panel, No Pump 1 530 0020007 AKRON VALVES 1 531 0020015 ABS SYSTEM 1 532 0752883 HDR 1 10/6/2023 6:02 AM Page 18780Bid #: A. B. C. D. E. F. G. H. I. J. K. FSA Cooperative Purchasing Program FSA23-VEF17.0 Fire & Rescue Vehicles, Boats, & Equipment Terms and Conditions FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 1 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Table of Contents 1.0 General Conditions ........................................................................................................................................... 4 1.01 BID CORRESPONDENCE ............................................................................................................................ 4 1.02 PURPOSE .................................................................................................................................................. 4 1.03 TERM OF CONTRACT ................................................................................................................................ 4 1.04 QUANTITIES ............................................................................................................................................. 4 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER ..................................................................................... 4 1.06 FUNDING .................................................................................................................................................. 5 1.07 CURRENCY ................................................................................................................................................ 5 1.08 DEFINITIONS ............................................................................................................................................ 5 1.09 ELIGIBLE PURCHASERS OF CONTRACT ..................................................................................................... 6 1.10 LEGAL REQUIREMENTS ............................................................................................................................ 7 1.11 PATENTS & ROYALTIES ............................................................................................................................. 7 1.12 FEDERAL AND STATE STANDARDS ........................................................................................................... 7 1.13 UNDERWRITERS’ LABORATORIES ............................................................................................................ 7 1.14 AMERICANS WITH DISABILITIES ACT ....................................................................................................... 8 1.15 REASONABLE ACCOMMODATION ........................................................................................................... 8 1.16 MINORITY BUSINESS ENTERPRISE (MBE) ................................................................................................. 8 1.17 ANTI-DISCRIMINATION ............................................................................................................................ 8 1.18 BEST COMMERCIAL PRACTICES ............................................................................................................... 8 1.19 PUBLIC ENTITY CRIMES (PEC) ................................................................................................................... 8 1.20 TAX EXEMPTION ...................................................................................................................................... 9 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ............................................................................. 9 1.22 COMMUNICATIONS ................................................................................................................................. 9 1.23 CLARIFICATION AND ADDENDA ............................................................................................................... 9 1.24 SIGNED BID CONSIDERED AN OFFER ..................................................................................................... 10 1.25 ASSIGNMENT OF CONTRACT ................................................................................................................. 10 1.26 TERMINATION OF PRODUCT LINE .......................................................................................................... 10 1.27 METHOD OF AWARD ............................................................................................................................. 10 1.28 DEMONSTRATION OF COMPETENCY ..................................................................................................... 11 1.29 VENDOR ABILITY TO PERFORM .............................................................................................................. 11 1.30 FINANCIAL RESPONSIBILITY ................................................................................................................... 11 1.31 QUALITY AND SAFETY ............................................................................................................................ 12 1.32 NONCONFORMANCE ............................................................................................................................. 12 1.33 GRATUITIES ............................................................................................................................................ 12 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 2 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 1.34 TIE BIDS .................................................................................................................................................. 12 1.35 RIGHT TO AUDIT .................................................................................................................................... 12 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS ................................................................................... 13 1.37 ELIMINATION FROM CONSIDERATION .................................................................................................. 13 1.38 PERFORMANCE BONDS, AND CERTIFICATES OF INSURANCE ................................................................ 14 1.39 COLLUSION ............................................................................................................................................ 14 1.40 DEFAULT ................................................................................................................................................ 14 1.41 PROTESTS AND ARBITRATION ................................................................................................................ 14 1.42 NONPERFORMANCE .............................................................................................................................. 15 1.43 SEVERABILITY ......................................................................................................................................... 16 1.44 TERMINATION FOR CAUSE ..................................................................................................................... 16 1.45 TERMINATION WITHOUT CAUSE ........................................................................................................... 17 1.46 CONTRACT ADVERTISEMENT AND USE OF FSA LOGO ........................................................................... 17 2.0 BIDDER INSTRUCTIONS ........................................................................................................................................ 18 2.01 BIDDER QUALIFICATIONS ....................................................................................................................... 18 2.02 LICENSING & FACILITIES ......................................................................................................................... 18 2.03 INSURANCE AND INDEMNIFICATION ..................................................................................................... 19 2.04 ITEM SPECIFICATIONS ............................................................................................................................ 20 2.05 FIXED PRICES .......................................................................................................................................... 21 2.06 DISCOUNTS ............................................................................................................................................ 21 2.07 SEALED BIDS ........................................................................................................................................... 21 2.08 EXCEPTIONS ........................................................................................................................................... 21 2.09 MISTAKES ............................................................................................................................................... 21 2.10 EQUIVALENTS ........................................................................................................................................ 21 2.11 PRE-BID MEETING .................................................................................................................................. 22 2.12 PRICES QUOTED ..................................................................................................................................... 22 2.13 OPTION PRICING .................................................................................................................................... 22 2.14 EMERGENCY LIGHTS AND SIRENS .......................................................................................................... 23 2.15 BID SUBMISSION .................................................................................................................................... 23 2.16 EXECUTION OF BID ................................................................................................................................. 24 2.17 MODIFICATION OR WITHDRAWALS OF BIDS ......................................................................................... 24 2.18 LATE BIDS ............................................................................................................................................... 24 2.19 PUBLIC BID OPENING ............................................................................................................................. 25 2.20 DETERMINATION OF RESPONSIVENESS ................................................................................................. 25 2.21 RESPONSIBLE BIDDER CRITERIA ............................................................................................................. 25 2.22 BASIS FOR AWARD ................................................................................................................................. 25 2.23 BID TABULATIONS .................................................................................................................................. 26 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 3 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 2.24 MINOR IRREGULARITIES / RIGHT TO REJECT ......................................................................................... 26 2.25 CONE OF SILENCE ................................................................................................................................... 26 3.0 CONTRACT CONDITIONS ...................................................................................................................................... 27 3.01 GENERAL REQUIREMENTS ..................................................................................................................... 27 3.02 STATEMENT OF AUTHORITY .................................................................................................................. 27 3.03 VENDOR CONTACT INFORMATION ........................................................................................................ 27 3.04 ADDITIONS AND DELETIONS .................................................................................................................. 27 3.05 CONTRACT EXTENSION .......................................................................................................................... 27 3.06 PRICE ADJUSTMENTS ............................................................................................................................. 28 3.07 CONDITIONS .......................................................................................................................................... 29 3.08 PRODUCTION CUTOFF ........................................................................................................................... 29 3.09 FACILITIES............................................................................................................................................... 29 3.10 FACTORY-INSTALLED OPTIONS .............................................................................................................. 29 3.11 VENDOR-INSTALLED OPTIONS ............................................................................................................... 29 3.12 NON-SCHEDULED OPTIONS ................................................................................................................... 30 3.13 AMBULANCE REMOUNT ........................................................................................................................ 30 3.14 FORCE MAJEURE .................................................................................................................................... 31 3.15 ORDER .................................................................................................................................................... 31 3.16 DELIVERY ................................................................................................................................................ 32 3.17 INSPECTION AND ACCEPTANCE ............................................................................................................. 32 3.18 REGISTRATION, TAG AND TITLE ............................................................................................................. 33 3.19 CAB AND CHASSIS PURCHASES .............................................................................................................. 33 3.20 INVOICING AND PAYMENTS .................................................................................................................. 33 3.21 WARRANTY ............................................................................................................................................ 33 3.22 PURCHASE ORDERS ................................................................................................................................ 33 3.23 QUARTERLY REPORTS ............................................................................................................................ 34 3.24 ADMINISTRATIVE FEE ............................................................................................................................ 34 3.25 LIQUIDATED DAMAGES .......................................................................................................................... 35 Appendix A: Bid Calendar ............................................................................................................................................ 37 Appendix B: ACH Payments ......................................................................................................................................... 38 Appendix C: Federal Clauses ........................................................................................................................................ 39 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 4 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 1.0 General Conditions 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association, “FSA”. Please be sure to reference the bid number and title, and provide your contact information. Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 E-mail: CPP@flsheriffs.org 1.02 PURPOSE The purpose of this bid is to establish contracts with manufacturers and manufacturer’s authorized dealers for contract terms specified under Section 1.03 for the purchase of items on a “no trade-in basis.” If a purchaser has a desire to offer vehicles/equipment for trade to the vendor, the purchaser and dealer may do so at their sole discretion, separate and apart from this contract. The Florida Sheriffs Association invites interested bidders, including manufacturers and dealers or authorized representatives to submit responses in accordance with these solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting contract. 1.03 TERM OF CONTRACT This contract shall remain in effect for one two-year (2) term from date of contract execution by the FSA, and may be extended by mutual agreement, at the sole option and discretion of the FSA. The initial term of contract begins April 1, 2023 and ends March 31, 2025. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 QUANTITIES Over the last two years, eligible users purchased an average of 237 items from this contract each year. Items sold depend on many factors, including the vendor’s marketing efforts, established business with local governments and products awarded. Neither the FSA nor any eligible user is obligated to place any order for a given amount subsequent to the award of this bid solicitation. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs’ offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. The Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 5 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 1.06 FUNDING In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency’s appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. 1.08 DEFINITIONS The terms used in this contract are defined as the following: A. Base item specification: Items developed by the FSA for bidders to bid on. These items may be unique to FSA and require additional components to the standard manufacturer specifications and equipment. B. Bidder: A bidder or enterprise that submits a formal bid to the FSA Cooperative Purchasing Program in accordance with the FSA CPP Terms and Conditions. A bidder, that is not the manufacturer, must be authorized by the manufacturer to market and sell an item for which they are bidding. C. Bid System: The online application used for the submission of bids and review of bid results for the item specifications connected to this Invitation to Bid. VendorLink is the software used for this bid. D. Build Sheet: A document from the bidder or manufacturer that confirms that the bid item specifications submitted by bidders matches the FSA base item specification. Build sheets include, but are not limited to, the factory options list and door data plate info for the vehicles. They provide details such as engine size and transmission, paint codes, production date, axle code, etc. E. Dealer: An enterprise authorized by the manufacturer to market, sell, provide, and service the items for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part, or independently owned and controlled. F. End User: A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. G. Factory: Refers to the manufacturer produced products. H. Florida Sheriffs Association Cooperative Purchasing Program (FSA): The entity that administers the Invitation to Bid and contract administration functions for this contract. I. Fleet Advisory Committee (committee): An employee of a sheriff’s office or other local governmental agency, or person who FSA identifies as subject matter expert who assists with the development of item specifications and evaluation of bid responses. The committee makes recommendations to the FSA and is not responsible for final awards. J. Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to bidders, vendors, dealers, and manufacturers to submit a price offer on a specific product to be provided. This term shall include the item specifications available to bidders on the bid system and references to solicitation documents. The term shall not include request for proposals, request for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. K. Item Specification Group: The item specification bid document contains the minimum base item specification requirements for each item or group of items within the competitive bid. L. Manufacturer: The original producer or provider of items offered on this contract. M. Manufacturer’s Suggested Retail Price (MSRP): Manufacturer’s Suggested Retail Price (MSRP) represents FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 6 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 the manufacturer’s recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: a. Manufacturer’s computer printouts b. Manufacturer’s official website N. Non-Scheduled Options: Any optional new or unused component, feature or configuration that is not included or listed in the base item specifications or options. O. Production Cutoff: A date used by manufacturers to notify vendors and dealers that the factory has reached maximum capacity for orders or are discontinuing the production of an item. P. Published List Price: A standard “quantity of one” price currently available to government and educational purchasers, excluding cooperative, volume discounts or other discounts. Q. Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been awarded on this Contract. Purchaser orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes items, vehicles or equipment to a purchaser. R. Purchaser: A purchaser is an entity that seeks to obtain items awarded on this contract by meeting the eligible user criteria or with vendor approval. S. Qualification Packet: This document contains the required forms, attestations, authorizations, and organizational information needed by bidders to submit a successful and complete bid. T. Terms & Conditions: This document serves as the governing contract for the identified FSA contract and bid. Standard regulations, processes, procedures, and compliance requirements are identified herein. Bidders complete a qualification packet during the bid process indicating they agree to comply with the Terms & Conditions, and that this will serve as a contract for both parties. U. Third Party Supplier: Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished item in this contract. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. Third party suppliers may also be referred to as upfitters or remount service providers within this document. V. Vendor: The bidder that has been awarded items who agrees to provide the items meeting the base item specifications and are in compliance with the terms of the contract. The vendor must agree to the contract terms and conditions, which will serve as the governing contract for items sold. If the vendor is not the manufacturer, the vendor must be certified by the manufacturer to market, sell, provide, and service for an awarded item. W. Vendor Installed: A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids, or contract prices, will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, other special districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. Eligible purchaser also includes all Eligible Users as defined in F.A.C. 60A-1.001(2). All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement and must agree to the terms and conditions of this contract. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 7 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 1.10 LEGAL REQUIREMENTS Federal, State, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility. Bidders have the option to certify that they are willing to accept purchase orders funded in whole or in part with federal funds. By opting in, bidders certify that they are willing to comply with the requirements outlined in Appendix C upon receipt of a federally funded purchase order. This is not a requirement of the bid or contract. Bidders are not required to opt-in; however, they are required to indicate whether they will opt-in or opt-out of receiving federally funded purchase orders. FSA has taken actions to provide and develop information, materials, and resources for bidders, vendors and purchasers that will assist in the use of federal funding with this contract. It is the responsibility of the purchaser to determine compliance for each vendor, if they wish to use federal funds for purchase, or intend to request reimbursements using federal funds. 1.11 PATENTS & ROYALTIES The bidder, without exception shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all item specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. This includes, but is not limited to, Federal Motor Vehicle Safety Standards (FMVSS), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) Standards, Society of Automotive Engineers (SAE), Fire Apparatus Vehicle Standards, and Federal Ambulance Standards (KKK-A-1822F), which includes all subsequent change notices. All fire apparatus manufacturers must meet the National Fire Protection Association (NFPA) 1901 and 1906 standards. In addition, any applicable federal or State legal or regulatory requirements laws that become effective during the term of the Contract, regarding the commodities and contractual services’ specifications, safety, and environmental requirements shall immediately become part of the Contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the FSA immediately. The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. 1.13 UNDERWRITERS’ LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters’ Laboratories, or U.L., listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 8 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at (850) 877-2165 five business days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the bid opening because of a disability must contact the FSA Human Resources at (850) 877-2165. 1.16 MINORITY BUSINESS ENTERPRISE (MBE) As part of the solicitation process FSA makes information available to potentially qualified entities publicly available, and conducts additional outreach to qualified: • Small businesses, • Minority-owned small businesses, • Women-owned small business enterprises, and • Disadvantaged business enterprises. FSA takes necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible, as recommended by 2 C.F.R. § 200.321. FSA will: • Evaluate whether small, minority, and women’s businesses are potential sources, • Place those qualified small and minority businesses and women’s business enterprises on solicitation lists, and • Search the Small Business Administration, Minority Business Development Agency, and Labor Surplus Area reports for additional potential sources. Bidders self-identify in the qualification packet whether they meet the state and federal definitions of a disadvantaged business. 1.17 ANTI-DISCRIMINATION The bidder certifies that they are in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.18 BEST COMMERCIAL PRACTICES The apparent silence or omission of any description from the item specifications shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of this item specification shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 9 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a vendor, supplier, sub-vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION Purchasers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser’s Federal Excise and State Taxes and Use Certificate Number. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest): • Addenda to Contract Terms and Conditions, if issued • Contract Conditions • Addenda to Item Group Specifications, if issued • Item Specifications • Bidder Instructions • General Conditions 1.22 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the CPP Staff. Bidders should not rely on representations, statements, or explanations other than those made in this bid or in any written addendum to this bid, and no oral representations, statements, or explanations shall be deemed to bind the FSA or eligible users. 1.23 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted by e-mail to CPP@flsheriffs.org. The bid title and number should be referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Interpretation of item specifications or solicitation documents will not be made verbally. If any verbal clarifications are provided, they are without legal effect. Questions received after the cone of silence date listed on the bid calendar will not be addressed. The FSA reserves the right address technical questions. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 10 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 of conflict with the original item specifications, addenda shall govern to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. FSA will make every attempt to e-mail updates to registered bidders. However, posting on the FSA website constitutes proper notice of addenda. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgement of the addenda to the item specifications. Bids that fail to account for the addenda shall reflect in bids being declared nonresponsive; however, that pursuant to Section 2.26, the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all awarded vendors of any addenda and will require acknowledgement of the new terms and conditions. If the awarded vendor does not agree to the new terms and conditions, the vendor’s award can be removed or replaced by another vendor or qualified, responsive bidder. 1.24 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval by the FSA. The bid submission must be signed by an authorized representative. Submission of a bid in the FSA bid system constitutes a signed bid for purposes of bid evaluation. An electronic signature may be used and shall have the same force and effect as a written signature. 1.25 ASSIGNMENT OF CONTRACT No right or interest in this contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor-in-interest must perform all obligations under this contract. FSA reserves the right to reject the acquiring entity as vendor. A change of name agreement will not change the contractual obligations of the vendor. In the event a manufacturer reassigns the product line to an alternate company, the vendor is required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the alternate company is not already an approved FSA vendor, they are required to submit a Qualifications Packet to the FSA to become an approved vendor prior to conducting any qualified sales. FSA may approve such assignments of existing or new vendors at its discretion. The vendor is required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.26 TERMINATION OF PRODUCT LINE If a vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. FSA may remove the terminated products from the contract. 1.27 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards for each item, if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 11 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 1.28 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment” and “organization" as used herein shall be construed to mean a fully equipped and well- established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available and may require submission of supporting documentation regarding the financial, technical and other qualifications and abilities of a bidder, including past performance with the FSA in making the award. The FSA may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. Pre-award inspection of the bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this bid. Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. 1.29 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor’s record of performance and may require submission of supporting documentation to ensure that the vendor is providing sufficient financial support, equipment and organization. If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement, the vendor warrants that, to the best of his or her knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the vendor’s ability to satisfy the obligations of the contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.30 FINANCIAL RESPONSIBILITY Bidder affirms by the submission of the bid and by signature on the contract signature form that the bidder: • Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid and has adequate facilities and personnel to fulfill such requirements. • Accepts the financial responsibility associated with this bid and declares that they have the access to FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 12 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award. • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all items bid and quantities that could be ordered, as well as timing of payment from purchasers, which can be 45 calendar days from receipt of invoice. 1.31 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest-grade workmanship that meet or exceed federal safety standards. Items requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards. 1.32 NONCONFORMANCE Items may be tested for compliance with item specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specifications and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.33 GRATUITIES Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA, for the purpose of influencing consideration of this bid. Bidders shall disclose in writing any conflicts of interest to FSA prior to any award, or as soon as practical after learning of any such conflict, including any contractual or employment relationships with FSA or potential purchasers of bidders’ products or services. 1.34 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids, and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder within the State of Florida • Vendors performance record with purchasers • Coin Toss 1.35 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify vendor’s sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees, agents, assigns, successors, FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 13 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 sub-vendors, or third-party suppliers in whatever form they may be kept – written or electronic. Such records shall include, but not be limited to: • Accounting records, including but not limited to purchase orders, confirmation of orders or invoices, paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements; • Written policies and procedures; • Subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); • Original estimates, quotes, or work sheets; • Contract amendments and change order files; • Insurance documents; or • Memoranda or correspondence. Vendor shall maintain such records during the term of this contract and for a period of three (3) years after the completion of this contract. At the vendor’s expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives. Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may select the vendor’s place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail. Vendor shall ensure FSA has these rights with vendor’s employees, agents, assigns, successors, and third-party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the vendor and any sub-vendors to the extent that those subcontracts or agreements relate to fulfillment of the vendor’s obligations to FSA. Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies under reporting, overpricing or overcharges (of any nature) by the vendor to FSA or a purchaser in excess of three percent (3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor’s invoices or records shall be made within a reasonable amount of time (not to exceed 60 calendar days) from presentation of FSA’s findings to vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.36 LIABILITY, INSURANCE, LICENSES AND PERMITS The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award, the vendor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. The vendor shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the vendor or any person the vendor has designated in the completion of the contract as a result of the bid. 1.37 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 14 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 1.38 PERFORMANCE BONDS, AND CERTIFICATES OF INSURANCE After acceptance of bid, the FSA will notify the successful bidder to submit the applicable certificates of insurance in the amounts specified in the Insurance Checklist. Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with pre- payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.39 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage. The parties may collectively choose to agree to increase or decrease the item base price to maximize awards thus denying purchasers a fair price. Bidders or vendors who are found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation. Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Dealers which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.40 DEFAULT In case of default on the part of vendor, the FSA may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest ranked bidder or from other sources. A defaulting vendor may be held liable for costs incurred by the FSA in procuring replacement products. 1.41 PROTESTS AND ARBITRATION Any person who is adversely affected by the decision or intended decision to award shall file a “Notice of Protest” in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Options are for informational purposes only and will not serve as a basis for protest. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity, and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party’s claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party’s filing will be reimbursable to the FSA and deducted from the protesting party’s bond or security which must accompany their filing. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 15 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the item being protested. The bond, cashier’s check or money order must be filed at the time of filing the formal written protest or within the five (5) business day period allowed for filing the formal written protest. FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement, the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum, judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.42 NONPERFORMANCE By virtue of the bid submission, bidder acknowledges its obligation to sell items for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per item, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA’s discretion. The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor’s responsibility, the FSA shall consider all information or evidence that demonstrates the vendor’s ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA at its sole discretion may remove a noncompliant vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by items, or other actions as determined by FSA at its sole discretion. At FSA’s discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result in termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 16 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with respect to either the FSA and/or the purchaser, the contract can be terminated and the vendor will be removed from future solicitations for a period of up to three (3) years, or a permanent ban from the bid process at the sole discretion of FSA. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or vendor installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the purchaser, any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order consistent with vendor bid quotes or other agreed upon terms and pricing is required by this contract to accept such purchase order and deliver the product. Orders must be fulfilled if the item is a base model or whether it includes options. The vendor must deliver this product if they were awarded the contract – regardless of profit or loss. Failure to deliver the item may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees, to which FSA is entitled, according to Section 3.28 and any attorney’s fees incurred in the recovery of these damages. 1.43 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.44 TERMINATION FOR CAUSE If through any cause within the reasonable control of the vendor, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice of the deficiencies shall be given to the vendor and unless the deficiencies are corrected within 10 business days, the contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event, the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above, the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the vendor is determined. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 17 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 1.45 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such termination, which shall become effective 30 calendar days following receipt by vendor of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the contract, if any. The vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balance of the contract or cancellation charges. Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.46 CONTRACT ADVERTISEMENT AND USE OF FSA LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites, digital marketing campaigns, social media and e-mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request the logo by contacting cpp@flsheriffs.org, and should include a brief description of how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 18 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 2.0 BIDDER INSTRUCTIONS 2.01 BIDDER QUALIFICATIONS Bidders are required to complete the qualification packet as part of the bid submission. A bidder becomes a qualified bidder if they comply with this section and Section 2.11, Mandatory Pre-Bid Meeting. Qualification Packet information required for bid qualification include: • Qualification form o Contact Information o Business Profile o References (if applicable) o Disqualifications & Defaults o Warranty Service Plan Attestation o Emergency Vehicle Technician Attestation • State compliance attestations o E-Verify o Workers Compensation o Drug-Free Workplace o Motor Vehicles Dealer license • Federal compliance attestations o Certification Regarding Debarment and Suspension o Certification Regarding Lobbying • Contract Signature Form • Insurance Checklist o Certificate of Insurance for awarded vendor The qualification packet is located on the bid system. 2.02 LICENSING & FACILITIES Bidders are required to possess a Florida Motor Vehicle Dealer’s License in order to bid on any motor vehicle. Bidders must maintain a repair facility within the State of Florida to provide warranty service for the items bid. If bidders do not have a facility, the bidder must be able to assist purchasers in obtaining warranty work as authorized by the manufacturer. If a bidder does not maintain a facility within the State of Florida, the bidder must have a plan as to how the bidder would service Florida purchasers if awarded the contract. This warranty service plan must demonstrate that the warranty work will be timely and satisfactorily performed and should include: • Whether the warranty service provider is approved by the manufacturer; • If the bidder plans to contract out for service, a copy of the service agreement; and • Service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work, and o Any additional information that would detail how warranty service would be provided. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 19 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 The sufficiency of the Warranty Service Plan may be evaluated by the FSA. The FSA reserves the right to request additional information from a bidder regarding the facility during the solicitation and the term of the contract, if awarded. The FSA may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees, partners, or third party suppliers; provided, however, that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor’s obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder’s sole expense. Vendor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without bidder’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. The Insurance Checklist summarizes the bidder’s insurance coverage obligations, if awarded. Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be provided no later than five business days prior to the contract award date. The vendor may not begin performance under the contract until such Certificates have been approved by the FSA. The certificate must state Bid Number and Title. FSA must be named as an additional insured for the duration of the contract. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular contract. The vendor at all times during the full duration of work under this contract, including extra work in connection with this contract, shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non-owned, hired and scheduled automobiles, when used in connection with the delivery or service of this contract. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist when the garage is used to complete work on this contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of B+ or better per the AM Best Rating. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 20 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 FSA required insurance coverages must be maintained through the duration of the contract. Upon expiration of the required insurance, the vendor must email updated certificates of insurance for as long a period as any work is still in progress. No change or cancellation in insurance shall be made without 30 calendar days written notice to the FSA. It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third-party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the vendor and all third-party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third-party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third-party suppliers and of persons employed by them as they are for acts and omissions of persons directly employed by the vendor. The FSA can request and the vendor shall furnish proof of insurance within seven calendar days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage. 2.04 ITEM SPECIFICATIONS All items covered by this contract shall be the manufacturer’s current basic production model, and shall, as a minimum, be equipped with all standard factory equipment in accordance with the manufacturer’s latest literature unless otherwise noted in the bid system or FSA base item specification. If awarded, bidders must supply an item that either meets or exceeds all the requirements included in the applicable specifications. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 21 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 The base item specifications are contained in the FSA bid system, may be requested from FSA and are retained within FSA’s archive. As part of the bid submission, all bidders will be required to provide information confirmation that the item bid meets the base item specification or may have their bid rejected. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the item into compliance with the contract specifications. FSA develops the item specifications with subject matter experts and publicly available information. However, FSA does not have access to full details from the manufacturer and relies on bidders to assist in this process. Bidders should immediately notify the FSA of any inaccuracies in the item specifications. All notifications of inaccuracies must be in writing. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder at the time of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension or price adjustment as provided herein. 2.06 DISCOUNTS Discounts must be offered on this contract and shall be below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for each item and option listed. The bidder has the authority to offer additional discounts based on quantity, as well as additional manufacturer or bidder discounts. 2.07 SEALED BIDS For purposes of this solicitation, a sealed bid is considered a bid submitted using the FSA Bid System. 2.08 EXCEPTIONS Any requested exceptions, deviations, or contingencies a bidder may have to the terms and conditions must be documented in bidder’s submission. Exceptions to the item specifications at the time of the bid submission shall reference the item number, make and model. FSA has the discretion to grant or deny, in whole or in part, the bidders requested exception, deviation or contingency to the specifications or terms and conditions. Bidder acknowledges that if FSA rejects the proposed exceptions, the bid may be disqualified. 2.09 MISTAKES Bidders are expected to examine the item specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk. 2.10 EQUIVALENTS Bidders must first request approval from the FSA before submitting a bid that includes an equivalent that will supplement an item on the base item specification. The FSA will determine whether the proposed equivalent is equal to or exceeds the quality, design and construction than the intended replacement item in the base item specification. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 22 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Bidders must provide the manufacturer name and model number (or product identifier) of each equivalent when seeking approval. Complete, descriptive, technical literature should demonstrate that the equivalent conforms with specific replacement item. If the equivalent is approved, the bidder must include the supporting material in the bid submission. Bids will not be considered without this information. If a bid uses equivalents without prior approval, the bid will be deemed nonresponsive. Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically identified in the bid, cannot publish or offer the unapproved equivalents. Offerings of this nature will cause the bid to be rejected. If such offerings are identified after the award has been granted, the offerings, item specification or entire award can be removed by the FSA. When selling equivalents, vendors must disclose to the purchaser that an approved equivalent is being offered. 2.11 PRE-BID MEETING Prospective bidders are required to attend or participate in the Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA to clarify questions on the terms and conditions and to confirm all item specifications. Questions relating to the items, specifications, the bid process, or award can be asked at the Pre-Bid Meeting. Bidders have the opportunity to suggest technical modifications or corrections before the item specifications are finalized. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested authorization, signs a memo to agree to meet all the terms and conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof. 2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of sixty (60) calendar days from the date of bid opening. Each item, make, and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the items bid for the duration of the contract, unless otherwise provided in the contract. These prices must be inclusive of all components included in the item specification. Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid. Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as outlined within these terms & conditions. The administrative fee is three quarters of one percent (.0075). Prices must be Free On Board (FOB) destination and include shipping and delivery to the purchaser. 2.13 OPTION PRICING The bidder shall offer a discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturer’s published list price for any options offered, if awarded. The FSA has the discretion to disqualify bidders if the option pricing is excessive or if options listed are not available for the item bid. Options are intended to add or delete equipment or features from the item specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size or horsepower, and FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 23 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 should not be made available for purchase separate from the base item. Bidders shall NOT use options to create an item that is available as another item bid on this ITB. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the item specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA. Bidders must disclose which options require the purchase of other options or are dependent on another option in their bid submission. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately. Bidder must use proper manufacturer codes for all factory options. Options available through the factory should be bid and supplied to purchaser as “factory” options, unless otherwise requested in writing by the purchaser. Factory package options are allowable under this contract. Factory package options included in the bid submission must detail what components the package includes. If a bidder will offer registration and title services as a fee for service, the bidder must include the administrative fee as a separate option (i.e. line item) for each item bid. Government imposed fees should not be included in this option pricing. If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA item specification, the bidder should include the word “Credit” at the beginning of the description field, and continue to describe the option being credited. For example, “Credit: one key fob” and enter the price the bidder will credit the purchaser. 2.14 EMERGENCY LIGHTS AND SIRENS Under Florida Statute 316.003(1), authorized emergency vehicles are defined as: “Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective departments or the chief of police of an incorporated city or any sheriff of any of the various counties.” Bidders that will provide or contract to provide emergency light and siren installation must only use installers that possess a current Emergency Vehicle Technician Certification, or an approved equivalent. FSA may request certificates for a vendor’s installers at any time during the contract term. Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. Bidders may not charge for labor for vehicles that are manufactured with emergency lights and sirens, including motorcycles. Prices submitted for emergency lights and sirens shall include all applicable government-imposed fees. Bidders that install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers (SAE) certified. SAE Certifications must include Class 1, Class 2 and Class 3 in order to be eligible for participation in the contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified, the vendor can be found in default of the contract. 2.15 BID SUBMISSION Bidders must submit a bid electronically using the bid system. Bid submissions include pricing for the item, as well as required documentation. The bid must be received by the date and time specified on the Bid Calendar seen in Appendix A. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. Bid System: VendorLink FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 24 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 The bid system is located at https://www.myvendorlink.com. Bidders are encouraged to participate in training provided. Usernames and passwords will be issued to bidders after registering in the bid system. Contact VendorLink at support@vendorlink.com if technical issues arise during bid submission. Prices are to be rounded to the nearest whole dollar. If a bidder submits bid pricing using cents, the following formula will be applied: $.01-.49 will be rounded down to the dollar bid (e.g., $50.49 = $50) and $.50-.99 will be rounded to the next dollar (e.g., $50.50 =$51). Bid Submission To ensure correct bid submittal and formatting, bidders shall: • Input a bid price for each item • Upload files as instructed in the bid system; files requested will be in .pdf format. • Follow all instructions outlined in this ITB and provide all requested information. The bid shall include the following documents: • Executed Qualifications Packet • Build sheet for each item bid as a single .pdf • Any requested exceptions or equivalents FSA may ask awarded bidders to supply one hard copy set with digital signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. FSA is not responsible for bidder’s improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. 2.16 EXECUTION OF BID By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract Signature Form with the signature of an authorized representative no later than the bid submittal due date. All terms and conditions are applicable throughout the term of the contract and not specific to any given year, make or model. 2.17 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time of the bid submission listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder must withdraw the bid, the bidder must contact FSA immediately. Bid withdrawals are handled on a case-by-case basis and can result in a limitation of participation in future bids. 2.18 LATE BIDS The responsibility for submitting a bid before the due date and time on the bid calendar is solely and strictly the responsibility of the bidder. The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery, or any other occurrence. Any reference to time will be based on Eastern Time. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 25 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 2.19 PUBLIC BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar. The bid opening may occur at the Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, Florida, or may be offered online. FSA will provide a bid inspection period for bidders following the bid opening. The date, time and duration will be announced prior to the bid opening. 2.20 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the contract. As set forth in Section 2.26, FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.21 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if qualifications and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the contract may be rejected as non-responsible. In determining a responsible bidder, the following factors may be considered: • Adequacy of facilities, staffing, and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, including previous FSA contracts; and • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements as set forth by these Terms & Conditions, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process. FSA reserves the right to determine which responses meet the requirements, item specifications, terms and conditions of the solicitation, and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who, in FSA’s sole discretion, are determined to present responsibility concerns that call into question the bidder’s ability to perform but that do not rise to the level of requiring rejection of the bidder as non-responsible. 2.22 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by item and by manufacturer to bidders deemed to be responsive and responsible. Awards may also be made to the second and third lowest bidder by item and by manufacturer and determined to be in the best interest of the FSA and the purchaser. FSA has the discretion to consider option pricing in making the award. Awards will not be given to any parties listed on the government wide exclusion in the System for Award Management. See Appendix C, II to 2 CFR Part 200. FSA reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser’s best interest. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 26 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 2.23 BID TABULATIONS In the event that more than one bid is submitted per item a Bid Tabulation report will be posted on the FSA Cooperative Purchasing Program website after the bid submission closes as identified on the bid calendar. If there is a delay in posting the bid tabulation results, FSA will post a notice of the delay and a revised date for posting of results. 2.24 MINOR IRREGULARITIES / RIGHT TO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers. A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. However, the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.25 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through the intent to award date as indicated in the Bid Calendar. During this period all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, technical questions regarding problems incurred in the use of the bid system, or communications initiated by the FSA. All permitted communications during this period shall be made in writing to the procurement contacts identified in Section 1.01 of this Invitation to Bid. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 27 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS Once the bid has been awarded, the terms and conditions of this document become the contract between the FSA and the awarded vendor. The terms and conditions apply to all items purchased from this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the contract warrants that they are duly authorized to do so and binds the respective party to the contract. 3.03 VENDOR CONTACT INFORMATION The vendor shall maintain current contact information with FSA at all times for sales and submission of purchase orders, quarterly reports and administrative fee payments. If a change occurs during the contract, the vendor must notify FSA immediately. 3.04 ADDITIONS AND DELETIONS The FSA reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and the participating purchasers. FSA reserves the right to remove, discontinue or suspend the sale or offering of any product within the Invitation to Bid document or existing contract, at its discretion. This decision to take action may be based upon and not limited to: • Few or no sales; • Product recalls and other safety issues; • Vendor/Manufacturer performance; or • Lack of relevance of products. 3.05 CONTRACT EXTENSION Contract Extension The contract may be extended by mutual agreement, initiated at the discretion of the FSA, for up to two (2) additional years, on a year-to-year basis. The vendor may request price adjustments for contract extensions as provided for in the price adjustment section. If no request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered unless otherwise provided for in this contract. The FSA reserves the right to in its sole discretion, elect to implement an optional term or to allow the contract to fully or partially terminate and readvertise for bids, whichever is in the best interest of the FSA. Month-to-Month Continuation In the event that a new contract is not active at the time of this contract’s expiration, this contract’s terms and conditions shall extend on a month-to-month basis and shall not constitute an implied extension of the contract. Such a month-to-month continuation shall be upon the compensation and payment provided herein. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 28 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 3.06 PRICE ADJUSTMENTS This contract provides the following options for price adjustments: • Annual Price Adjustments • Changes to Production or Design • Manufacturer Certified Adjustments • Surcharges • Equitable Adjustments Price adjustment requests must clearly substantiate a need to increase or decrease the price and must be submitted as a percentage change. If a dollar amount is provided, FSA will calculate the percentage change. Annual Price Adjustment The FSA may consider annual price adjustments due to: • Changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS); or • As a result of any changes to national or state standards that require substantial price adjustments. Changes resulting from PPI will be verified by the FSA, after the vendor requests a price adjustment under this provision and identifies the commodity code for each item as designated by the BLS. In the event of changes to national or state standards, the vendor must present verifiable changes from the manufacturer in price to FSA. FSA may consider other documentation related to the change to national or state standards but is not obligated to grant price changes without literature from the manufacturer. The FSA will consider the request and will make a final determination on the change in price. For any price adjustment to commence annually or on the first day of the contract extension, the vendor's request for price adjustment should be submitted 60 (sixty) days prior to the annual execution of the contract or to the expiration of the contract extension. Changes to Production or Design Significant changes by the manufacturer to the production and item specification design may also initiate a price adjustment request. FSA will consider order dates, production cutoffs, conditions as provided for in Section 3.08, as well as replacement or complete redesign of items when considering significant changes to manufacturer production or design. Manufacturer Certified Adjustments Vendors must provide documentation from the manufacturer to FSA that shows a legitimate need for price adjustments. Surcharges Surcharges are increased costs that are imposed on awarded vendors for items sold on this contract. Surcharges can be related to the cost of materials, cost of transportation or shipping, or fees imposed by the governing entities. Since surcharges are imposed on awarded vendors, in order to request a price change, the vendor must document the origin of the surcharge. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 29 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 The vendor must provide manufacturer or supplier certification documentation that identify the reason or cause for the surcharge to FSA in advance of assessing surcharges to a purchaser. Surcharge After a Purchase Order is Issued When a purchase order has been issued, the vendor may present a surcharge with all required documentation to the purchaser for consideration. The purchaser may accept or negotiate a reduction in the surcharge or reject the surcharge at their discretion. Equitable Adjustments The FSA may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this contract shall be the most current model offered. 3.08 PRODUCTION CUTOFF Vendors shall notify the FSA in writing no less than sixty (60) calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Purchase orders received by the vendor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. Purchase orders issued and received after the production cutoff date will be subject to availability. In this case, the vendor and manufacturer have the discretion whether to choose to provide next year’s model at current year’s prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to obtain the items, FSA may consider substitutions from the same manufacturer. 3.09 FACILITIES The FSA reserves the right to inspect the vendor’s facilities at any time with prior notice. 3.10 FACTORY-INSTALLED OPTIONS All options specified as factory-installed are to be installed on the item at the primary site of assembly and is to be the manufacturer’s standard assembly-line product. Aftermarket and vendor-installed equipment will not be accepted as factory-installed. Vendors found supplying aftermarket or vendor-installed equipment where factory- installed are specified shall be required to retrieve all delivered items and supply new items meeting the specifications. All factory-ordered options are to be original equipment manufacturer (OEM) and installed at the primary site of assembly unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized. 3.11 VENDOR-INSTALLED OPTIONS All vendor-installed accessories, equipment, or options shall be installed according to the manufacturer’s specifications. All vendor-installed options must be manufactured by an established manufacturer of the product FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 30 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 provided. Vendors are required to disclose make and model of product being offered, design, and model must be approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose the warranty of any accessory, equipment or option that is less than or exceeds the factory or equipment warranty coverage. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with these terms & conditions. 3.12 NON-SCHEDULED OPTIONS A non-scheduled option is an option not listed on the FSA published award. Vendors may provide non-scheduled options at less than MSRP or the Published List Price. Non-scheduled options should be identified and listed as a separate line item with the price and discount on the purchase order. Non-scheduled options are covered under these terms and conditions. 3.13 AMBULANCE REMOUNT Ambulance remount services may be offered by awarded vendors on this contract. Remount service providers shall maintain a minimum of $5,000,000 in Product Liability Insurance and a minimum of $1,000,000 in Professional Garage Keepers Liability Insurance. It is the responsibility of the vendor to maintain the insurance requirements under the Terms and Conditions. Proof of adequate coverage shall be provided to the purchaser upon request. All remount service providers must be registered with National Highway Traffic Safety Administration (NHTSA) as a new vehicle manufacturer as required by law (49 CFR 571.7(e)). The remounter shall follow all recommended guidelines and practices as published and prescribed by the OEM chassis manufacturer for the chassis platform supplied. This includes: 1. Compliance with Federal Motor Vehicle Safety Standards (FMVSS); 2. Incomplete Vehicle Document (IVD) for appropriate chassis; 3. OEM Body Builder’s Guide for appropriate chassis; and 4. Ford QVM Program Truck Guidelines or other OEM Chassis Upfitter programs. The remounter must have financial strength to adequately support any warranty obligation provided to the customer and be able to verify this to the purchaser upon request. The warranty that shall be offered at a minimum to the customer shall be as follows: 1. The remounter shall warranty the ambulance and furnished equipment against parts failure or malfunction due to design, construction or installation errors, defective workmanship and missing or incorrect parts for a minimum period of 12 months or 12,000 miles (whichever occurs first) from date of acceptance, exclusive of any authorized driveaway mileage. 2. However, if the remounter received from any supplier or subcontractor additional warranty on the whole or any component of the ambulance, in the form of time and/or mileage, including prorated adjustments, or if the remounter generally extends to their customers a greater or extended warranty coverage, the purchaser shall receive corresponding warranty benefits. The remounter must follow all recommended guidelines and requirements which apply to the new chassis, as well as application and installation of all components and equipment included in the remounted vehicle. This shall include suitability and generational compatibility of key components to meet both make and model year of chassis utilized. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 31 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 The remounter shall perform the following series of steps to determine viability of the proposed remount vehicle prior to production: 1. The viability process shall include a visual inspection of ambulance body module for overall condition to determine suitability and feasibility for forward service life. This shall include the compatibility of the body to the proposed new chassis. 2. This viability process shall include, and the remounter shall provide, a Scope of Work document which shall include an itemized proposal to the customer and a notice of compliance to FMVSS requirements, as well as weight balance and payload analysis and projections. A minimum payload of 1,500 pounds is required. 3. The remounter shall inform the purchaser of any additional deficiencies or defects discovered during the production process and inform the purchaser immediately whereby remediation shall be mutually determined. It is the responsibility of the vendor to certify that it has inspected the remounted module for structural integrity and will supply a statement that includes proof of the inspection process to the purchaser. The remounter shall have written work process documentation to substantiate each step of the production process for the remounted vehicle to include: 1. Evaluation and physical assessment of original vehicle; 2. Engineering analysis for major modifications such as change in chassis type or body mounts; 3. The actual production sequence and process; and 4. Written and verified quality control and function checks. 3.14 FORCE MAJEURE A vendor shall not be penalized for a delay resulting from the vendor’s failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the vendor’s control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor. 3.15 ORDER To initiate a purchase, a purchase order must be issued to the vendor, which includes: • FSA contract title and number; • FSA item number, and the make and model or item description; and • Purchaser name, phone number and email address. The vendor’s acceptance of a purchaser’s order will indicate that the vendor agrees to deliver an awarded item that will be fully compatible with all options. Production schedules and delivery dates should be discussed at the time the quote is provided to the purchaser, or if no quote is provided, when the purchase order is delivered to the vendor. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order. The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the contract and the purchase order. Any changes that are required to bring an item into compliance with the various options due to an incorrect order will be accomplished at the vendor’s expense. A Confirmation of Order form shall be completed by the vendor and provided to the purchaser and FSA fifteen (15) calendar days from receipt of purchase order without request by the purchaser. Any additional information needed to complete this form should be obtained by the vendor from the purchaser. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 32 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 If a vendor receives a purchase order for an item for which they were not awarded, the vendor must notify the purchaser and return the purchase order to the purchaser within three (3) business days. Purchase orders may include additional terms and conditions established by the purchasing agency. When presented with a purchase order containing additional requirements beyond those established herein, the vendor may negotiate any additional requirements with the purchaser prior to accepting the purchase order. 3.16 DELIVERY Vendors are to inspect the item to confirm the item meets or exceeds the FSA base item specification, manufacturer specification, and purchase order. Deliveries not complying with these requirements may be rejected and will have to be redelivered at vendor’s expense. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. Delivery schedules shall be agreed to by the purchaser and the vendor. Vendor shall notify the purchaser no less than twenty-four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. The vendor shall be responsible for delivering items that are properly serviced, clean and in first class operating condition. Items shall be delivered with each of the following documents completed or included: • Copy of the purchase order • Copy of the FSA base item specification • Copy of manufacturer’s Invoice, price sheet, build sheet or other documentation that verifies what components are included on the item being delivered • Copy of the pre-delivery service report • Registration warranty certification • Owner’s manual • Registration, tag and title or an application for the registration, as applicable All items with fuel tanks of thirty-five (35) gallons or less must contain no less than one quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. For items that have more than thirty-five (35) gallons, a minimum of one eighth (1/8) of a tank of fuel must be provided. Deliveries within 2,500 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer’s break-in requirements and all applicable traffic laws. Any delivery accomplished by driving fire rescue or emergency response vehicle must use an “OUT OF SERVICE” cover on light bars. All deliveries in excess of 2,500 miles shall be approved by the purchaser. The purchaser has the option to reject a vehicle with more than 2,500 odometer miles, if not previously approved by the purchaser, or may deduct $0.51 cents per mile in excess of 2,500 miles from the invoice. This requirement also applies to redelivery of vehicles that were rejected upon initial delivery. When items require service or adjustments upon delivery, the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer’s local authorized representative or other service provider to remedy the defect. Such service or adjustments shall be initiated by the vendor within 48 hours after notification by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory, and the item is redelivered or repaired. The cost of any transportation required to address the defect shall be the responsibility of the vendor until the items are satisfactory and accepted by the purchaser. 3.17 INSPECTION AND ACCEPTANCE FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 33 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Final acceptance shall be given only after the purchaser inspects or confirms the item meets contract specifications. Delivery of an item to a purchaser does not constitute acceptance for the purpose of payment. Inspection and acceptance will be at the purchaser’s destination unless otherwise previously agreed upon location was provided in the purchase order. Should the delivered items differ in any respect from the item specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. 3.18 REGISTRATION, TAG AND TITLE Title items shall be the responsibility of the vendor. If the purchaser is a government agency, the purchaser has the right to choose to register and title the item. Costs of registration, tag and title shall not exceed the statutory rates. FSA administrative fee does not apply to the cost of registration, tag and title. 3.19 CAB AND CHASSIS PURCHASES Vendors performing upfitting of cab and chassis should be licensed and certified to perform such work. Vendors are responsible for tag and title work if the chassis is completed by the vendor or the vendor’s contracted third- party supplier. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. 3.20 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently. The vendor shall be paid upon submission of invoices to the purchaser after satisfactory delivery and acceptance of the items. The Local Government Prompt Payment Act will apply to ensure timely payment of vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70–218.79 of Florida Statutes. 3.21 WARRANTY All warranties shall begin at the time of delivery and final acceptance by the purchaser. The purchaser’s warranty should not be active for incomplete items and items delivered to a third-party supplier before final delivery. 3.22 PURCHASE ORDERS The vendor must submit electronic copies of purchase orders within fifteen (15) calendar days of the purchase order issue date. Emails shall be sent to coop@flsheriffs.org. Purchase orders received by the vendor after this deadline must be submitted to FSA as soon as possible with the date received by the vendor and cause for the delay. Purchase orders should contain the following information: • Purchaser name • Purchase order number • Purchase order issue date • FSA contract title and number • Item number • Item make and model, or item description • Item price • Estimated delivery date. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 34 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Purchase orders vary in format and information provided. If a purchase order does not include the above information, the vendor may submit supplemental documentation to FSA at the same time the purchase order is due. Such information may be in bid quotes, equipment proposals, confirmation of orders, or other documents. If a purchaser does not use purchase orders, written communication from the purchaser to the vendor will be provided to FSA. 3.23 QUARTERLY REPORTS Quarterly reports are the contractual responsibility of each vendor. Quarterly reports must be completed and submitted electronically. All quarterly reports shall be sent to reports@flsheriffs.org. The quarterly report template shall be submitted using an Excel workbook provided by FSA. Quarterly reports which do not adhere to the required format or are not complete of all purchase orders received and/or deliveries made during the quarter will be returned to the reporting vendor for correction. Quarterly reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports shall follow the schedule below for the duration of the contract. If a contract extension is executed, the quarterly reports will maintain the same schedule for future reporting periods. Quarterly reports should follow this schedule: Contract Year 1: April 1, 2023 – March 31, 2024 Year 1 Quarter 1 April 1 – June 30 July 15 Year 1 Quarter 2 July 1 – September 30 October 15 Year 1 Quarter 3 October 1 – December 31 January 15 Year 1 Quarter 4 January 1 – March 31 April 15 Contract Year 2: April 1, 2024 – March 31, 2025 Year 2 Quarter 1 April 1 – June 30 July 15 Year 2 Quarter 2 July 1 – September 30 October 15 Year 2 Quarter 3 October 1 – December 31 January 15 Year 2 Quarter 4 January 1 – March 31 April 15 If a contract extension or renewal option are executed, the quarterly reports will maintain the same schedule for future reporting periods. Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a vendor has no sales within a quarter, the vendor shall indicate “No sales this quarter” on the top row of the sales worksheet. If the vendor has no deliveries in a given quarter, the vendor shall indicate “No deliveries this quarter” on the top row of the delivery worksheet. FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.24 ADMINISTRATIVE FEE FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 35 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 The FSA charges three quarters of one percent (.0075) to procure, process and administer the contract. The administrative fees are the contractual responsibility of each awarded vendor. After receipt of payment from contract purchases, the vendor shall remit all administrative fees to the FSA no later than 15 calendar days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a quarterly report. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a vendor fails to incorporate the administrative fee in its bid pricing. The administrative fee should never be listed as a separate line item on any purchase order or invoice. The administrative fee is based on the total purchase order amount of new items. This fee excludes any value given to purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. The ACH form for electronic payment or wiring of funds is included in Appendix C. It is the preference of FSA that all payments be electronically paid and submitted. If ACH is not available, checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.25 LIQUIDATED DAMAGES The vendor warrants that the item supplied to the purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports to FSA within 15 calendar days following the end of each quarter may result in the imposition of liquidated damages. Vendors failing to submit administrative fees and/or quarterly reports will incur liquidated damages in the amount of $25 for each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in the litigation. The venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in vendor’s Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result in FSA, at its sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited participation by item specifications, disqualification from future solicitations, or termination for cause pursuant to the Terms & Conditions. Schedule of Liquidated Damages Failure to submit quarterly report on time $25 per calendar day Failure to submit administrative fee on time $25 per calendar day FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 36 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Failure to report a Purchase Order to FSA within 15 calendar days of the purchase order issue date $100 per Purchase Order Failure to Report Sales .0075 of the sales price plus 1.5% each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will result in liquidated damages to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor’s failure to take the specified actions. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 37 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Appendix A: Bid Calendar For the most up to date information, please refer to https://www.flsheriffs.org/law- enforcement- programs/cooperative-purchasing-program/bid-announcements * Details for the Workshop, Mandatory Pre-Bid Meeting, and Public Bid Openings will be posted on FSA’s website, emailed to interested bidders, or can be found in Florida Administrative Register (as appropriate) for the dates published. Bid Calendar Task Date Invitation to Bid Announcement (ITB)10/11/2022 Registration for Workshop & Pre-bid Open 11/1/2022 Voluntary Workshop for Interested Bidders; Review Specifications 12/5/2022 New Specification requests due 12/16/2022 Pre-Bid meeting 1/11/2023 - 1/12/2023 Request for Clarifications Due to FSA 1/20/2023 FSA VendorLink Bidder Training 1/24/2023 Bid System Open 1/31/2023 Cone of Silence 1/31/2023 - 3/10/2023 Bid Submissions Due 2/27/2023 Public Bid Opening 3/1/2023 Bid Tabulations Posted 3/1/2023 Bid Evaluation 3/6/2023 - 3/10/2023 Intent To Award 3/10/2023 Final Bid Award Announcement 4/1/2023 Effective Date Of New Contract 4/1/2023 FSA23 - Fire & Rescue Bid Calendar FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 38 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Appendix B: ACH Payments FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 39 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 Appendix C: Federal Clauses APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS* (excluding micro-purchases, except Davis-Bacon requirements apply to construction contracts exceeding $2,000) In addition to other provisions negotiated with purchasers placing federally funded purchase orders, Vendors must comply with the following provisions upon award of a federally funded purchase order: PROVISION Professional Services/A&E Operations/ Management Construction Materials & Supplies Equal Employment Opportunity All Davis-Bacon Act >$2,000 Copeland “Anti-Kickback” Act >$2,000 Contract Work Hours and Safety Standards Act >$100,000 >$100,000 >$100,000 >$100,000 Rights to Inventions Made Under a Contract or Agreement If the purchase order involves performance of experimental, developmental or research work If the purchase order involves performance of experimental, developmental or research work If the purchase order involves performance of experimental, developmental or research work If the purchase order involves performance of experimental, developmental or research work Clean Air Act >$150,000 >$150,000 >$150,000 >$150,000 Federal Water Pollution Control Act >$150,000 >$150,000 >$150,000 >$150,000 Debarment and Suspension All All All All Byrd Anti-Lobbying Amendment >$100,000 >$100,000 >$100,000 >$100,000 Procurement of Recovered Materials All All All All Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment All All All All Domestic Preferences for Procurements All All All All *References to the code of regulations (CFR) or United States Code (USC) were accurate at the time of publication. It is the responsibility of the bidder to ensure compliance is met of the referenced state and federal laws within the published rules. EQUAL EMPLOYMENT OPPORTUNITY: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The clause set forth in 41 CFR 60-1.4(b) is incorporated herein by reference. Vendor must comply with this clause and include this clause in all lower-tier federal assisted construction contracts. DAVIS-BACON ACT, as amended (40 U.S.C. 3141-3148): When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 40 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Vendors performing construction must comply with all applicable provisions of the Davis-Bacon Act and include this clause in all lower-tier subcontracts for construction. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C., chapter 37): Vendor shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C., chapter 37), as supplemented by Department of Labor regulations (29 CFR part 5). (a) Overtime requirements. Neither Vendor nor any contractor or subcontractor contracting for any part of the purchase order work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph 15(a), Vendor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Vendor or such subcontractor shall be liable to the United States (in the case of work done under the Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph 15(a), in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph 15(a) of this section. (c) Withholding for unpaid wages and liquidated damages. Purchaser shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Vendor or a subcontractor under the purchase order or any other Federal contract with Purchaser, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by Purchaser, such sums as may be determined to be necessary to satisfy any liabilities of Vendor or its subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (a). (d) Subcontracts. Vendor shall insert in any subcontracts over $100,000 for construction and other purposes that involve the employment of mechanics or laborers, the clauses set forth in Paragraphs (a) through (d) and also a clause requiring the subcontractors to include these clauses in any lower-tier subcontracts. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor shall comply with these requirements when performing a FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 41 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 purchase order involving experimental, developmental or research work and flowdown this clause to lower-tier subcontractors performing such work. CLEAN AIR ACT (42 U.S.C. 7401 et seq.) and the FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251 et seq.), as amended: Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor shall comply with the requirements of Clean Air Act and the Federal Water Pollution Control Act and include this clause in all lower-tier subcontracts with a value over $150,000. DEBARMENT AND SUSPENSION (E.O.s 12549 and 12689): By accepting or performing this purchase order, Vendor certifies that it is not identified in the Exclusions area of the System for Award Management as being currently debarred, suspended, proposed for debarment, or otherwise excluded (“SAM Exclusion”). Vendor shall obtain similar certifications from its lower-tier subcontractors for each subcontract in excess of $25,000 and Vendor shall not award lower-tier subcontracts in excess of $25,000 to an entity subject to a SAM Exclusion. LOBBYING RESTRICTIONS (31 U.S.C. 1352): By accepting or performing this purchase order, Vendor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Vendor shall also disclose to Purchaser any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award or contract. Vendor shall flow down this clause and require this certification for lower-tier subcontractors with a subcontract of $100,000 or more. Vendor shall provide its disclosure and all disclosures received from lower-tier subcontractors to Purchaser. PROCUREMENT OF RECOVERED MATERIALS: A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Vendor shall comply with this clause and include this clause in all lower-tier subcontracts. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 42 FSA23-VEF17.0: Fire & Rescue Vehicles, Boats, & Equipment 4866-5444-0014.3 (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. DOMESTIC PREFERENCES FOR PROCUREMENTS: (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Vendor agrees to comply with the requirements of this clause and include the requirements of this clause in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 1/44 Legend: Option Not Present in Category Option in Category Diers Feature Values Dier Price Dierence: $1,001,678.2868.26 % DierentShowing All Bid 1157: FSA Spec - Rescue - Non-Walk In, Enforcer HDR Enforcer Chassis Price Level: 46 Price: $664,539.47 Bid 780: 2023 – Clearwater - HDR - Duplicate 26472 (S51) Velocity Chassis (Big Block), 2010 Clearwater Price Level: 46 Price: $1,666,217.75 0010012 No Boiler Plates requested $0.00 0766614 Boiler Plates, Heavy Duty Rescue Bidder/Sales Organization Ten-8 Fire Equipment, Inc. Dealership/Sales Organization, Service Ten-8 Bradenton Delivery A qualied delivery representative shall deliver the apparatus and remain for a sucient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered. Fire Department/Customer Clearwater Fire & Rescue Miles fty (50) miles Number of Fire Dept/Municipalities ve (5) Operating/In conjunction W-Service Center operating $0.00 0661794 Single Source Compliance $0.00 0661794 Single Source Compliance $0.00 0584456 Manufacture Location, Appleton, Wisconsin $0.00 0584456 Manufacture Location, Appleton, Wisconsin $0.00 0584452 RFP Location: Appleton, Wisconsin $0.00 0584452 RFP Location: Appleton, Wisconsin $0.00 0588609 Vehicle Destination, US $0.00 0588609 Vehicle Destination, US $0.00 0610784 Comply NFPA 1901 Changes Eective Jan 1, 2016, With Exceptions $278.02 0610784 Comply NFPA 1901 Changes Eective Jan 1, 2016, With Exceptions $278.02 0533352 Special Services (Rescue) Fire Apparatus $0.00 0533352 Special Services (Rescue) Fire Apparatus $0.00 0588614 Vehicle Certication, Rescue $0.00 0588614 Vehicle Certication, Rescue $0.00 0681285 Agency, Apparatus Certication, Rescue, U.L.$0.00 0681285 Agency, Apparatus Certication, Rescue, U.L.$0.00 0891947 Certication, Vehicle Inspection Program, NFPA 1901 $0.00 0891947 Certication, Vehicle Inspection Program, NFPA 1901 $0.00 0536644 Customer Service Website $0.00 0536644 Customer Service Website $0.00 0620357 Consortium, Florida Sheri's $0.00   0535579 Not Required, Unit of Measure, (no pump, no tank) $0.00 0535579 Not Required, Unit of Measure, (no pump, no tank) $0.00 0030006 Bid Bond Not Requested $0.00 0030006 Bid Bond Not Requested $0.00 0807703 Performance Bond, Not Requested $0.00 0816569 Performance Bond, Not Requested, PPI Terms $0.00 0000007 Approval Drawing $0.00 0000007 Approval Drawing $0.00  0672031 Drawing, Cab, Top View, Seating and EMS Cabinets, Reference Only $1,018.34 ≠                     ≠     ≠   ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 2/44 0002928 Electrical Diagrams $0.00 0002928 Electrical Diagrams $0.00 0649754 Enforcer Chassis $17,895.49 0564202 Velocity Chassis (Big Block), 2010 $77,048.06 0000110 Wheelbase Wheelbase 208.00 inches $0.00 0000110 Wheelbase Wheelbase 259 $0.00 0000070 GVW Rating GVW rating 44,000 lbs $0.00 0000070 GVW Rating GVW rating 56,300 $0.00 0649713 Frame Rails, 10.25" x 3.50" x .375", Saber FR/Enf $554.15 0000203 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF $1,757.49 0648354 Frame Liner, Internal "C", 9.38" x 3.13" x .25", Saber FR/Enf, 26" Qval $2,409.02 0889439 Frame Liner, "C/Inv L" 12.50" x 3.00" x .25", XT/Vel/Imp, Full Length, 71" Qv $2,409.02 0637911 Axle, Front, Dana, D-2000F, 20,000 lb Saber FR/Enforcer $11,638.47 0637059 Axle, Front, Oshkosh TAK-4, Non Drive, 24,000 lb, Velocity (425 Tires) $0.00 0637913 Suspension, Front, Standens, Taper Leaf, 20,000 lb, Saber FR/Enforcer $3,220.21 0090914 Suspension, Front TAK-4, 24,000 lb, DLX/Qtm/AXT/Vel/Enf/SFR $39,658.95 0000321 Shock Absorbers on Front Axle, Monroe Magnum 65, Saber/Enforcer $0.00 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf $0.00 0000322 Oil Seals, Front Axle $0.00 0000322 Oil Seals, Front Axle $0.00 0582936 Tires, Front, Goodyear, G289 WHA, 315/80R22.50, 20 ply $3,508.74 0899289 Tires, Front, Goodyear, Armor MAX MSA, 425/65R22.50, 20 ply, Fire Service Load $4,063.89 0789277 Wheels, Front, Accuride, 22.50" x 9.00", Steel, Hub Pilot, 315/80R, 5.25" Inset $1,353.69 0019611 Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot $4,315.63 0728303 Axle, Rear, Dana S23-172, 24,000 lb, Saber/Enforcer $11,602.23 0598516 Axle, Rear, Meritor RS30-185, 33,500 lb, Imp/Vel/DCF $20,319.17 0544253 Top Speed of Vehicle, 68 MPH /109 KPH $0.00 0544244 Top Speed of Vehicle, 60 MPH/96 KPH $0.00 0565379 Suspen, Rear, Single Slipper Spring, 24,000 lb, Saber/Enforcer $3,732.44 0122073 Suspen, Rear, Standens, Spring, 33,500 lb, Imp/Vel/Enf $6,491.20 0000485 Oil Seals, Rear Axle $0.00 0000485 Oil Seals, Rear Axle $0.00 0782552 Tires, Rear, Goodyear, Endurance RSA, 12R22.50, LRH, Single $5,653.44 0585004 Tires, Rear, Goodyear, G289 WHA, 315/80R22.50, 20 ply, Single $7,017.48 0654806 Wheels, Rear, Accuride, 22.50" x 8.25", Steel, Hub Pilot, Single $1,117.66 0654750 Wheels, Rear, Alcoa-Accuride, 22.50" x 9.00", Aluminum-Steel, Hub Pilot, Single $2,698.13 0568081 Tire Balancing, Counteract Beads $0.00 0568081 Tire Balancing, Counteract Beads $0.00 0620570 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle Qty, Tire Pressure Ind six (6) tires $157.12 0620570 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle Qty, Tire Pressure Ind six (6) tires $157.12 0801909 Lug Nut, Covers, Chrome $166.03 0801909 Lug Nut, Covers, Chrome $166.03  0003245 Axle Hub Covers w/center hole, S/S, Front Axle $143.59  0003240 Axle Hub Covers, Rear, S/S Baby Moon (Pair)$166.61 0002045 Mud Flap, Front and Rear, Pierce Logo $805.27 0002045 Mud Flap, Front and Rear, Pierce Logo $805.27   ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠   ≠ ≠ ≠ ≠ ≠   ≠ ≠       ≠ ≠   11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 3/44 0544802 Chocks, Wheel, SAC-44-E, Folding, (Up to 44" Diameter Tires) Qty, Pair one (1) pair $755.77 0544802 Chocks, Wheel, SAC-44-E, Folding, (Up to 44" Diameter Tires) Qty, Pair one (1) pair $755.77 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal Location, Wheel Chocks below the left side rear compartment Qty, Pair one (1) pair $528.04 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal Location, Wheel Chocks rearward of the right side rear tire Qty, Pair one (1) pair $528.04 0010670 ABS Wabco Brake System, Single rear axle $7,374.73 0010670 ABS Wabco Brake System, Single rear axle $7,374.73 0690932 Brakes, Bendix, ADB-22X, 17" Disc, Front $857.96 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 $0.00 0581433 Brakes, Bendix, Cam, Rear, 16.50 x 7.00"$0.00 0803729 Brakes, Meritor, Cam, Rear, 16.50 x 8.63" No Dust Shield $893.21 0020784 Air Compressor, Brake, Cummins/Wabco 18.7 CFM $0.00 0020784 Air Compressor, Brake, Cummins/Wabco 18.7 CFM $0.00 0644232 Brake Reservoirs, 4,272 Cubic Inch Minimum Capacity, Saber FR/Enforcer Paint Color, Air Tanks $0.00 0000786 Brake Reservoirs, Four Paint Color, Air Tanks $0.00 0644228 Air Dryer, Wabco System Saver 1200 IWT, Heated, 10" Frame, Standen, SFR/Enf $0.00 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 $63.14 0000790 Brake Lines, Nylon $0.00 0000790 Brake Lines, Nylon $0.00 0000854 Air Inlet, w/Disconnect Coupling Location, Air Coupling(s) forward in the driver side lower step well of cab Qty, Air Coupling (s) One (1) air inlet $521.09 0544415 Inlet/Outlet, Air, w/Disconnect Fitting, Location Location Driver side step well Qty, Air Coupling (s) One (1) air inlet/outlet $753.02  0012034 Moisture Ejector, Manual, Remote Mounted Location below LS5 compartment Qty, Man. Moist Ejector Four (4) manual moisture ejectors $863.66  0615609 Fittings, Compression Type, Entire Apparatus, Single Rear Axle $1,909.38 0805855 Engine, Cummins L9, 380 hp, 1150 lb-ft, W/OBD, EPA 2024, Saber FR/Enforcer $120,065.01 0808495 Engine, Cummins X15, 500 hp, 1850 lb-ft, W/OBD, EPA 2027, Velocity $244,929.89  0811409 Not Required, Engine Contingency Adjustment $0.00  0730808 Filters, Remote Mounted, Oil, Fuel, X15, VEL/AXT/Enf $3,469.68 0001244 High Idle w/Electronic Engine, Custom $187.43 0001244 High Idle w/Electronic Engine, Custom $187.43 0683055 Engine Brake, Cummins Turbo Brake (VGT), Brake Activated $215.36 0687994 Engine Brake, Jacobs Compression Brake, Cummins Engine Switch, Engine Brake high, medium and low setting $8,193.89 0644227 Clutch, Fan, Air Actuated, Saber FR/Enforcer $477.22 0552334 Clutch, Fan, Air Actuated, Horton Drive Master $0.00 0640477 Air Intake, Metal Screen, Saber FR/Enforcer $0.00 0123135 Air Intake, w/Ember separator, Imp/Vel $0.00   ≠   ≠ ≠   ≠ ≠   ≠ ≠ ≠ ≠ ≠ ≠   ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 4/44 0794761 Exhaust System, 4", 2017 L9/X10 Engine, Horizontal, Right Side $0.00 0814375 Exhaust System, Horizontal, Right Side Exhaust, Diuser a chrome exhaust diuser reduced to 5.00" in the center to accommodate the re department's air recovery system Exhaust, Material/Finish aluminized steel Location, Diuser Termination be ush with the body rub rail Tip, Exhaust a curved tip pointed downward on the end $1,369.26 0788765 Radiator, Saber FR/Enforcer $0.00 0787999 Radiator, Impel/Velocity $0.00 0722490 Cooling Hoses, Gates Silicone and Rubber Combination - Custom $1,029.73    0511425 Cooling Hoses, Rubber $0.00  0788718 Radiator Coolant, Peak Final Charge Global OAT, Red $758.41 0001125 Fuel Tank, 65 Gallon, Left Side Fill $0.00 0051125 Fuel Tank, 75 Gallon, Left Side Fill, Qtm/AXT/Vel/Imp/DCF/SFR/Enf Finish polished stainless steel $0.00 0001129 Lines, Fuel $0.00 0001129 Lines, Fuel $0.00 0595087 DEF Tank, 4.5 Gallon, DS Fill, Forward of Rear Axle Door, Material & Finish, DEF Tank polished stainless steel $0.00 0582182 DEF Tank, 4.5 Gallon, DS Fill, Rear of Rear Axle, Common Door Door, Material & Finish, DEF Tank polished stainless steel $270.83 0723716 Fuel Priming Pump, Electronic, Automatic, Cummins, No Swt Req'd $0.00 0723716 Fuel Priming Pump, Electronic, Automatic, Cummins, No Swt Req'd $0.00 0552712 Not Required, Shuto Valve, Fuel Line $0.00 0582243 Shuto Valves, Fuel Line @ Primary Filter, Cummins $422.38 0699437 Cooler, Chassis Fuel, Not Req'd.$0.00 0553019 Cooler, Engine Fuel, Imp/Vel, AXT/Qtm/Sab/DCF/SFR/Enf $405.12  0698720 Fuel Cap Retaining Chain With Holder $65.96 0690880 No Selection Required From This Category $0.00 0578959 Fuel/Water Separator, Racor Inline $624.78 0887559 Trans, Allison 6th Gen, 3000 EVS P, w/Prognostics, Imp/Vel/SFR/Enf $32,525.27 0887546 Trans, Allison 6th Gen, 4000 EVS P, w/Prognostics, Imp/Vel/SFR/Enf $47,318.67 0625329 Transmission, Shifter, 5-Spd, Push Button, 3000 EVS $0.00 0625331 Transmission, Shifter, 6-Spd, Push Button, 4000 EVS $0.00 0684459 Transmission Oil Cooler, Modine, External $0.00 0684459 Transmission Oil Cooler, Modine, External $0.00  0522824 Mode, Downshift, Aggressive downshift to 3rd, w/engine brake, 6 speed $190.93  0801876 Fluid, 4000 Series Trans, Allison Approved TES- 668 Synthetic, IPOS, Custom $656.01 0001370 Driveline, Spicer 1710 $3,517.29 0001375 Driveline, Spicer 1810 $3,517.29 0637248 Steering, Dual Gear, TRW TAS-65, w/tilt, Pump w/ Cooler, Saber FR/Enforcer $1,265.17 0669988 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler $0.00 ≠ ≠ ≠ ≠ ≠ ≠   ≠   ≠ ≠ ≠ ≠ ≠ ≠   ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 5/44  0001544 Not Required, Steering Assist Cylinder on Front Axle $0.00 0509229 Steering Wheel, 2 Spoke $0.00 0509230 Steering Wheel, 4 Spoke without Controls $0.00 0559647 Pierce Logo on Horn Button $0.00 0690274 Logo/Emblem, on Dash Text, Row (1) One Clearwater Text, Row (2) Two Fire Text, Row (3) Three Rescue $0.00  0622948 Winch, Warn, Zeon 10-S Kit, 10,000 lb. Portable, Synthetic, Polished Fairlead $2,785.22 0012245 Bumper, 19" Extended, Saber FR/Enforcer $3,676.78 0600986 Bumper, 26" Extended, Under Slung, Painted, Xlays/Trays,12" H, Imp/Vel $4,270.03 0614646 No Lift & Tow Package, Imp/Vel, AXT, SFR/Enf $0.00 0510226 Lift & Tow Package, Imp/Vel, AXT, Dash CF $0.00 0002270 Tow Hooks, Chrome $0.00 0002270 Tow Hooks, Chrome $0.00  0651079 Tray, 3/4 Width, 26" Bumper, Under Slung Design, 12" H Bumper, Imp/Vel Capacity, Hose Tray Winch on DS, struts in remainder (need 45" in length for struts) Grating, Bumper extension Black rubber grating $875.48  0760901 Receiver, Portable Winch, Flush w/ Front Bumper, 10K Pull, w/Power $915.36  0770773 Cover, 6.0" Raised Alum Treadplate, 3/4 Width Cover,ButteryLatch,Q2B Clearance $1,716.00  0679393 Flap, Vinyl Protective, Front Bumper/Equipment Tray $503.98  0659662 Light, Amdor, AY-9220-72, 72" LED Strip Light, Front Bumper Cover $413.09  0698960 Coating, Top Flange, Front Bumper, Outside Exterior, UL-LX Coating, Black $583.60 0625650 Cab, Enforcer, 7000 $68,646.95 0647227 Cab, Velocity FR, 8420 Raised Roof $78,247.85 0647919 Engine Tunnel, ISL, Saber FR/Enforcer $0.00 0601652 Engine Tunnel, X12-15, MX13, Spray Insulation, Velocity FR $0.00 0633594 Rear Wall, Interior, Adjustable Seating $0.00   0632103 Rear Wall, Exterior, Cab, Saber FR/Enforcer Material, Exterior Rear Wall painted job color $0.00 0677478 Rear Wall, Exterior, Cab, Aluminum Treadplate $0.00 0639727 Cab Lift, Elec/Hyd, Manual Override, Saber FR/Enforcer $238.01 0122465 Cab Lift, Elec/Hyd, Imp/Vel $0.00 0695930 Grille, Bright Finished, Front of Cab, Enforcer $0.00 0123176 Grille, Bright Finished, Front of Cab, Velocity $0.00 ≠ ≠ ≠ ≠ ≠ ≠   ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 6/44  0752555 Scuplate, S/S, Striker Side, Cabinet Door(s), Each Location DS and PS EMS compartment exterior access doors Material Trim/Scuplate polished stainless steel Qty, two (2) $352.75  0002224 Scuplates, S/S At Cab Door Jambs, 4-Door Cab Material Trim/Scuplate polished stainless steel $958.00 0647932 Not Required, Trim, S/S Band, Across Cab Face, AXT/Saber/Enforcer $0.00 0527032 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity Material Trim/Scuplate polished stainless steel Turnsignal Covers no covers $0.00 0087357 Molding, Chrome on Side of Cab $0.00 0015440 No Chrome Molding, On side of cab $0.00 0521669 Mirrors, Retrac, West Coast Style, Htd/Rmt, w/Htd/Rmt Convex $1,214.24 0559131 Mirrors, Forward Mtd, Remote, Pierce One- Eleven, LED Turn Signal Finish, Arm Cover chrome Finish, Mirror Head chrome $2,913.11 0648171 Door, Half-Height, Saber FR/Enforcer 4-Door Cab, Level Roof Cab, Exterior Door Handle, Finish chrome/black Key Model, Cab Doors 751 $0.00 0667921 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof Cab, Exterior Door Handle, Finish chrome/black Key Model, Cab Doors 751 $0.00 0655543 Door Panel, Brushed Stainless Steel, Saber/Enforcer 4-Door Cab $0.00 0655511 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab $450.09  0667905 Storage Pockets w/ Elastic Cover, Recessed, Overhead, Impel/Velocity FR $0.00 0528958 Not Required, Controls, Electric Window, AXT, Quantum, Saber, Enforcer $0.00 0667902 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR $0.00 0638310 Steps, 4-Door Cab, Saber FR/Enforcer Step Well Material painted $0.00 0606691 Steps, 4-Door Cab, Dual, 2" Larger Middle and Bottom Steps, Imp/Vel Light, Step, Additional a white $1,563.32 0770194 Handrail, Exterior, Knurled, Alum, 4-Door Cab $0.00 0770200 Handrail, Exterior, Hansen, Knurled, Alum, LED Backlit, 4-Door Cab Color, Handrail Light red Control, Handrail Light with a separate switch in the cab and when the parking brake is applied $1,122.39 0892638 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 6lts Color, Trim chrome housing $174.87 0892637 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 1Lt Per Step Color, Trim chrome housing $36.17 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 7/44 0002141 Fenders, s/s on cab - Saber/Enforcer $1,052.87 0002140 Fenders, S/S on Cab $1,052.87 0637984 Window, Side of C/C, Fixed, Saber FR/Enforcer $0.00 0199245 Window, Side of C/C, Fixed, 84"/104" Vel/Imp $0.00  0552934 Trim, Cab Side Windows, 84" Velocity $0.00  0012090 Not Required, Windows, Front/Side of raised roof $0.00  0530327 Window, Rear Side of CC, Upper, Fixed, 20" Raised Roof $0.00  0509286 Not Required, Windows Rear of Crew Cab, Imp/Vel $0.00  0558334 Not Required, Trim, Cab Rear Windows, No Rear Windows $0.00  0731588 Compt, Storage, 23.50 W x 19.25 H x 20 D, (1) Ea Side C/C, Dbl Pan, 84" Imp/Vel Door, Cab Exterior Cabinet two (2) double pan doors painted to match the cab exterior with a locking D-Ring latch with #751 key, one (1) on each side of the cab Door, Exterior Stop web strap for each exterior door Finish, Cab Compt/Component painted 909017, Nightspots Light, Aux Cab Compartments two (2) white LED strip lights provided, one (1) each striker side of compartment door openings $2,485.85  0814268 Fasteners, S/S, Rain Drip, IATS $913.18  0123686 Drip Rail, Cab Roof, Impel/Velocity/Velocity SLT $397.64 0722796 Dash, Poly, Saber FR/Enforcer $0.00    0773956 Work Surface, 3/16" Alum, Full Engine Tunnel, Upper 36.5, Lower Lip, Vel/Imp FR Lip 2.00" Material Finish, Cab Interior painted to match the cab interior $1,069.39 0750824 Cab Interior, Vinyl Headliner, Saber FR/Enforcer, CARE Cab Interior Rear Wall Material painted aluminum Color, Cab Interior Vinyl/Fabric 36 oz dark silver gray vinyl Engine Tunnel Cover painted aluminum to match the cab interior $0.00 0748671 Cab Interior, Vinyl, Velocity FR, CARE Color, Cab Interior Vinyl/Fabric 36 oz black vinyl $0.00 0753903 Cab Interior, Paint Color, Saber FR/Enforcer Color, Cab Interior Paint re smoke gray, vinyl texture paint $0.00 0892138 Cab Interior, Paint Color, Single Exterior Job Color, Impel/Velocity FR $9,273.36 0052100 Floor, Rubber Padded, Cab & Crew Cab, Saber/Enforcer $0.00 0509532 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF $0.00 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 8/44 0722696 HVAC, Standard-Duty, Enforcer, CARE Auxiliary Cab Heater one (1) 31,000 BTU auxiliary heater with 560 SCFM of air ow provided in each outboard rear facing seat risers with a dual scroll blower. An aluminum plenum incorporated into the cab structure used to transfer heat to the forward positions HVAC System, Control Loc. within panel position #12 HVAC System, Filter Access secured with four (4) screws Plenum Cover Material a formed plastic cover $16,799.82 0741239 HVAC, Heavy-Duty, Impel/Velocity FR, CARE Auxiliary Cab Heater no auxiliary heater provided in the rear facing seat risers HVAC System, Filter Access hinged with two (2) thumb latches Paint Color, A/C Condenser cover to be painted #10 white $17,627.03 0639675 Sun Visor, Smoked Lexan, AXT, Imp/Vel, Saber FR/Enforcer Sun Visor Retention no retention bracket $0.00 0639675 Sun Visor, Smoked Lexan, AXT, Imp/Vel, Saber FR/Enforcer Sun Visor Retention no retention bracket $0.00 0634328 Grab Handles, Driver and Ocer Door Posts, Saber FR/Enforcer $0.00 0567443 Grab Handles, DS & PS Door Post & Passenger Dash panel, Imp/Vel $131.88 0002526 Light, Engine Compt, All Custom Chassis $0.00 0583938 Lights, Engine Compt, Custom, Auto Sw, Wln 3SC0CDCR, 3" LED, Trim Qty, one (1) $241.49 0631830 Fluid Check Access, Saber FR/Enforcer, Arrow XT Latch, Door, Storage ush lift and turn latch $0.00 0122516 Fluid Check Access, Imp/Vel Latch, Door, Storage Southco C2 black powder coated raised trigger latch $26.56 0583039 Not Required, Side Roll and Frontal Impact Protection $0.00 0583040 Frontal Impact Protection $3,280.70 0622619 Seating Capacity, 4 Seats $0.00 0622619 Seating Capacity, 4 Seats $0.00 0636957 Seat, Driver, Pierce PSV, Air Ride, High Back, Saber FR/Enforcer $2,317.99 0697006 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Frontal Impact $3,969.36 0636946 Seat, Ocer, Pierce PSV, Fixed, SCBA, Saber FR/Enforcer $1,282.73 0696991 Seat, Ocer, Pierce PS6, Premium, Air Ride, SCBA, Frontal Impact $2,903.13 0620420 Radio Compartment, Below Non-Air Ride Seat, Saber FR/Enforcer Latch, Door, Storage ush lift and turn latch $0.00 0002517 Not Required, Radio Compartment $0.00 0632852 Seat, Rear Facing C/C, DS Outboard, Pierce PSV, SCBA, Saber FR/Enforcer $1,153.14 0123152 Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium, SCBA $1,086.83 0102783 Not Required, Seat, Rr Facing C/C, Center $0.00 0102783 Not Required, Seat, Rr Facing C/C, Center $0.00 0632848 Seat, Rear Facing C/C, PS Outboard, Pierce PSV, SCBA, Saber FR/Enforcer $1,153.14 0123155 Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium, SCBA $1,086.83 ≠   ≠ ≠ ≠ ≠   ≠ ≠ ≠ ≠   ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 9/44 0108189 Not Required, Seat, Forward Facing C/C, DS Outboard $0.00 0817683 Cabinet, Forward Facing, LS, 24 W x 54 H x 25 D, Ext Acc Only, Imp/Vel Door, Cab Exterior Cabinet one (1) reverse hinged double pan door painted to match the cab exterior with a locking D-ring latch with #751 key Door, Exterior Stop pneumatic stay arm Light, Tall Cabinet one (1) white LED strip light installed on the right side of the exterior cabinet door opening Louvers, Cabinet no louvers Material Finish, Shelf painted to match the cab interior Scuplate, Material/Finish a polished stainless steel scuplate Shelf/Tray, Cabinet one (1) innitely adjustable half depth shelf with a 0.75" up-turned lip to provide room in front of the shelf and two (2) innitely adjustable half depth shelves with a 0.75" anged down lip to provide room in front of the shelf $3,923.40 0103319 Not Required, Seat, Forward Facing C/C, Center $0.00 0817687 Cabinet, Forward Facing, Center, 46 W x 48 H x 24 D, Roll, Imp/Vel Door, Cab Interior Cabinet one (1) Amdor rollup door with anodized nish, locking with #751 key False Floor, EMS Cabinet no false oor Light, Tall Cabinet one (1) white LED strip light installed on the left side of the interior cabinet door opening and one (1) white LED strip light installed on the right side of the interior cabinet door opening Louvers, Cabinet no louvers Material Finish, Shelf painted to match the cab interior Shelf/Tray, Cabinet two (2) innitely adjustable shelves with a 0.75" up-turned lip $3,808.73 ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 10/44 0108190 Not Required, Seat, Forward Facing C/C, PS Outboard $0.00 0817686 Cabinet, Forward Facing, RS, 24 W x 54 H x 22 D, Ext Acc Only, Imp/Vel Door, Cab Exterior Cabinet one (1) reverse hinged double pan door painted to match the cab exterior with a locking D-ring latch with #751 key Door, Exterior Stop pneumatic stay arm Light, Tall Cabinet one (1) white LED strip light installed on the left side of the exterior cabinet door opening Louvers, Cabinet no louvers Material Finish, Shelf painted to match the cab interior Scuplate, Material/Finish a polished stainless steel scuplate Shelf/Tray, Cabinet one (1) innitely adjustable half depth shelf with a 0.75" up-turned lip to provide room in front of the shelf and two (2) innitely adjustable half depth shelves with a 0.75" anged down lip to provide room in front of the shelf $3,923.40  0802321 Cabinet, Rear Facing, RS, Overhead, 22 W x 20 H x 24 D, Liftup Dr, WW Door, Cab Interior Cabinet one (1) liftup door, painted to match the cab interior with a non-locking lever latch Door, Exterior Stop pneumatic stay arm Light, Short Cabinet one (1) white LED strip light installed horizontally above the interior cabinet door opening Louvers, Cabinet louvers provided on the door of the cabinet for ventilation $2,228.39  0802323 Cabinet, Rear Facing, LS, Overhead, 24 W x 20 H x 24 D, Liftup Dr, WW Door, Cab Interior Cabinet one (1) liftup door, painted to match the cab interior with a non-locking lever latch Door, Exterior Stop pneumatic stay arm Light, Short Cabinet one (1) white LED strip light installed horizontally above the interior cabinet door opening Louvers, Cabinet louvers provided on the door of the cabinet for ventilation $2,244.69  0651182 Scuplate, Cabinet, Interior Door Pan, Cab Location DS and PS EMS cabinets external doors Material Trim/Scuplate brushed stainless steel Qty, two (2) $367.73 ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 11/44  0817671 Cabinet, Forward Facing, Overhead, 92 W x 20 H x 24.5 D, 2" Web, Imp/Vel 20" RR Light, Overhead Compt one (1) white LED strip light installed horizontally above each compartment door opening Qty, Compt Door four (4) door openings Restraint Location bottom Type of fastener 2.00" side release $3,455.61 0566653 Upholstery, Seats In Cab, Turnout Tu Color, Cab Interior Vinyl/Fabric black $0.00 0566653 Upholstery, Seats In Cab, Turnout Tu Color, Cab Interior Vinyl/Fabric black $0.00 0065740 Bracket, Air Bottle, Zico, ULLH, Load & Lock, In Cab Seats Qty, three (3) $0.00 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats Qty, three (3) $3,057.35  0690610 Embroidery, Seats, Cab and Crew Cab Qty, Seats Embroidery four (4) seats $1,131.23  0734952 Door, Access, Front, (2) Rear Facing Seat Risers, No Heater Latch, Door, Storage Southco C2 black powder coated raised trigger latch Louvers, Cabinet louvers provided on the door of the cabinet for ventilation Material Finish, Cab Interior painted black $415.51 0603866 Seat Belt, Dual Retractor, ReadyReach, Saber FR/Enforcer Seat Belt Color red $0.00 0603867 Seat Belt, ReadyReach Seat Belt Color red $0.00  0604867 Seat Belt Height Adjustment, 4 Seats, Imp/Vel, Dash CF $265.23 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 $0.00 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 $0.00 0647647 Lights, Dome, FRP Dual LED 4 Lts Color, Dome Lt red and white Color, Dome Lt Bzl black Control, Dome Lt Color the lens switch Control, Dome Lt White the door switches and the lens switch $507.82 0647644 Lights, Dome, FRP Dual LED 6 Lts Color, Dome Lt red and white Color, Dome Lt Bzl black Control, Dome Lt Color the lens switch Control, Dome Lt White the door switches $729.03  0896451 Enhanced Software for Cab and Crew Cab Dome Lts $0.00 ≠   ≠ ≠ ≠ ≠ ≠   ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 12/44  0631779 Light, Map, Overhead, Round Halogen, AXT/Imp/Vel 12vdc power from directly to the battery switched power $0.00  0612046 Light, Map, Sunnex LS941-00 LED Clear Lens, Knuckle 10 Deg Optics 12vdc power from directly to the battery switched power Location over Ocer left shoulder. See photos in Stage 7 E-folder. Qty, one (1) $543.66 0602618 Portable Hand Lt,Provided by Fire Dept,Special Services,NFPA 2016 Classication $0.00 0544419 Handlts, (2) Streamlight Fire Vulcan, Halogen 44401, LED back light 12v, Orange Location, Lights Leave loose, but run 12V wires near or around the engine tunnel with 10' of lead. Will mount after pick up when Clearwater determines where to mount. $712.96 0644187 Cab Instruments, Black Gauges, Black Bezels, Saber FR/Enforcer Emergency Switching multiple individual warning light switches for various groups or areas of emergency warning lights. An Emergency Master switch provided on the instrument panel that enables or disables all individual warning light switches is included $447.70 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010 $0.00 0002544 Air Restriction Indicator - Pierce Chassis $0.00 0509511 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX $0.00 0543751 Light, Do Not Move Apparatus Alarm, Do Not Move Truck activate a steady tone alarm $10.48 0543751 Light, Do Not Move Apparatus Alarm, Do Not Move Truck activate a pulsing alarm $86.92 0637359 Not Required, Door Open Indicator w/Do Not Move Truck Light, Enf/Saber FR $0.00 0509042 Messages, Open Dr/DNMT, Color Dsply,$0.00 0632738 Switching, Cab Instrument Lower Console & Overhead, Rocker, Enforcer $0.00 0551600 Switching, Cab, Rocker MUX, Impel/Velocity, AXT MUX, Dash CF Location, Emerg Sw Pnls driver and passenger side $1,128.03  0555915 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity $285.00 0802940 Wiper Control, 2-Speed with Intermittent, Saber FR/Enforcer Location, Wiper Control located on the left side of the center instrument panel $0.00   ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 13/44  0560535 Wiring, Spare, 15 A 12V DC 4th 12vdc power from directly to the battery power Location PS EMS compartment. lower outboard wall Qty, one (1) Wire termination with heat shrinkable butt splicing $133.05  0547505 Wiring, Spare, 10 A 12V DC 1st 12vdc power from directly to the battery switched power Location behind driver's seat Qty, one (1) Wire termination with heat shrinkable butt splicing $133.05  0548004 Wiring, Spare, 15 A 12V DC 1st 12vdc power from directly to the battery power Location, Spare Wiring in the center console Qty, one (1) Wire termination with heat shrinkable butt splicing $133.05  0548006 Wiring, Spare, 15 A 12V DC 2nd 12vdc power from directly to the battery power Location center of overhead panel Qty, one (1) Wire termination with heat shrinkable butt splicing $133.05  0548007 Wiring, Spare, 15 A 12V DC 3rd 12vdc power from directly to the battery power Location DS EMS compartment. lower outboard wall Qty, one (1) Wire termination with heat shrinkable butt splicing $133.05  0548046 Wiring, Spare, 60A 12V DC 1st 12vdc power from directly to the battery power Location behind driver's seat Qty, one (1) Wire termination with 3/8" studs and plastic covers $274.02 ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 14/44  0583273 Wire, 18-ga. Spare, Dual Wire 1st Location behind panel #8 (wrap around console) Location 2 behind driver's seat Qty, one (1) $163.51  0790556 Wire, CAT 6, terminated, Spare, Qty, 1st Location behind the driver's seat Location 2 in wrap around center console behind panel #8 Qty, one (1) $503.97 0763646 Vehicle Information Center, LCD On Gauge Cluster Only, Sab/Enf System Of Measurement US Customary $0.00 0814201 Vehicle Information Center, 7" Color Display, Touchscreen, MUX, CL714 System Of Measurement US Customary $2,947.58 0734857 Collision Mitigation, HAAS Alert (R2V), HA5 Subscription, HAAS R2V the transponder and a 5 year cellular plan subscription $0.00 0816633 Collision Mitigation, HAAS Alert (R2V), HA7 Subscription, HAAS R2V the transponder and a 5 year cellular plan, plus a 5 year extended cellular data plan, for a total of 10 years cellular data plan subscription $1,720.61  0776356 Maintenance Reminder Message, Cab Decon, CARE $0.00 0610240 Vehicle Data Recorder w/Seat Belt Monitor $1,767.94 0606249 Vehicle Data Recorder w/CZ and Overhead Display Seat Belt Monitor $1,767.94  0665245 Cable, Motorola HKN6168, 30' Mobile 2-way Radio, Remote Head Location behind driver's seat Location 2 wrap around console, behind panel #8 Qty, one (1) $312.34  0616382 Install Customer Provided GPS/Multimode Antenna(s) Qty, one (1) $507.10  0694166 Antenna Mount, Larsen NMOKHFUDTHK, 0- 6000MHz Location best roof location Location 1 behind driver's seat Qty, one (1) $193.15 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 15/44  0003757 Antenna, Std and Add'l Mts Only, 2-way Radio,Cust,Spl Cable Routing Location behind driver's seat Location 1 one on PS one on DS Qty, two (2) $433.84  0817058 Camera, Pierce, LS Mux, R Camera, SD, CL714 Camera System Audio emitted by an amplied speaker on the ceiling behind the driver $1,040.62  0814831 Not Required, Camera Switcher $0.00  0523921 Recess, Rear Vision Camera Location, Camera, Recessed to the driver side rear $321.11 0624241 Electrical Power/Signal Protection & Control, Enforcer $0.00 0896458 Pierce Command Zone, Advanced Electronics & Control System, Vel WiFi CZT Color, Antenna white WiFi antenna Module Housings electronic control modules to include a see through housing, a power indicator, a status indicator and circuit indicators $2,806.46  0896456 Prognostics, Electrical System $0.00 0624256 Electrical System, Enforcer Hard Wired $0.00 0730603 Electrical System, Velocity ESP, Cummins, Paccar $0.00 0079166 Batteries, (4) Stryten/Exide Grp 31, 950 CCA ea, Threaded Stud $985.00 0079166 Batteries, (4) Stryten/Exide Grp 31, 950 CCA ea, Threaded Stud $985.00 0008621 Battery System, Single Start, All Custom Chassis $1,174.80 0008621 Battery System, Single Start, All Custom Chassis $1,174.80 0002698 Battery Compartment, Saber/Enforcer $0.00 0123174 Battery Compartment, Imp/Vel $0.00 0036234 Receptacle, Battery Charging, Cab Step Area, Driver's Side $0.00 0531325 Charger, Sngl Sys, Kussmaul, 35/10, 091-35/10 $2,425.84 0012778 No Pick Required, Battery Charger Location $0.00 0814869 Location, Cab, Charger, Behind Driver Seat $0.00  0813919 Panel, Charger Display, Kussmaul, Included w/ Charger $214.20 0530960 Not Required, Remote Battery Charger Indicator $0.00 0815964 Not Required, Remote Battery Charger Indicator $0.00  0802450 Inverter, Xantrex Freedom X, 817-1000, Rated @ 750W Location, Inverter Switch in the compartment near the inverter $2,617.31  0814966 Location, Cab, Inverter, Behind Driver Seat $0.00  0889570 Approved, Inverter $0.00 ≠ ≠ ≠ ≠ ≠ ≠ ≠     ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 16/44  0770460 Shoreline, 20A 120V, Kussmaul Auto Eject, 091- 55-20-120, 091-55-234-XXX Br Cvr Color, Kussmaul Cover red Qty, one (1) Shoreline Connection inverter/battery charger and cab receptacle $991.28  0026800 Shoreline Location Location, Shoreline(s) recess in driver side bumper extension $303.84  0036803 Interlock Relay, For Shoreline $698.81  0526727 Switch, Auto Transfer, Up to 30Amp, Multiple Connection, Transfer Swit TBD Qty, one (1) $833.78  0796206 Electric Power Only, Spitzlift, DC Wiring Harness Location corner of DS rear body roof Qty, Receptacles one (1) receptacle $345.81 0647729 Alternator, 320 amp, Delco Remy 40SI $4,387.47 0647728 Alternator, 430 amp, Delco Remy 55SI $5,194.82  0676572 Switch, Rocker Style, Load Manager $141.05  0532857 Programming, Step Lights, Activated w/Prk Brk, IAT $177.02 0644176 Load Manager, Integrated In Electrical System, Saber FR/Enforcer $666.69 0092582 Load Manager/Sequencer, MUX Enable/Disable Hi-Idle to not be controlled by the load manager $393.38 0648596 Headlights, Rectangular Halogen, AXT/Dash CF/Saber/Enforcer $0.00 0783153 Headlights, Rect LED, JW Spkr Evo 2, AXT/DCF/Enf/Imp/Sab/Vel Color, Headlight Bez headlights to include chrome bezels $2,390.74 0804651 Light, Directional, Wln M62T* LED, Above Headlights, Sab/Enf Color, Lens, LED's lens color(s) to be the same as the LEDs Color, Trim chrome trim Flash Pattern, Directional Lts Steady On (Arrow) $843.30 0648425 Light, Directional, Wln 600 Cmb, Cab Crn, Imp/Vel/AXT/Qtm/DCF Color, Lens, LED's the same color as the LED's $0.00 0620054 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts $173.55 0620054 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts $173.55  0604373 Light, Marker End Outline, Rubber Arm, LED Marker Lamp $349.34 0735474 Lights, Clearance/Marker/ID, Front, P25 LED 7 Lts, Saber FR/Enforcer Light Guard without guards $0.00 0736083 Lights, Clearance/Marker, Side, P25 LED 2 Lts, Others With Visor Lt $74.08 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠   ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 17/44 0647899 Lights, Directional/Marker, Cab Front Side, Weldon 9186-8580-29 LED, Sab/Enf $67.05   0627282 Lights, Clearance/Marker/ID, Rear, FRP LED Bar & P25 LED 4Lts $0.00 0511569 Lights, Clearance/Marker/ID, Rear, P25 LED 7Lts Light Guard with no guard $294.69 0804514 Lights, Tail, Wln M62BTT* Red Stop/Tail & M62T* Amber Dir Arw For Hsg Color, Lens, LED's lens color(s) to be the same as the LEDs Flash Pattern, Directional Lts Steady On (Arrow) $1,490.57 0804519 Lights, Tail, Wln M62BTT* Red Stop/Tail & M62T* Amber Dir Arw w/Flange Color, Lens, LED's lens color(s) to be clear Color, Trim chrome trim Flash Pattern, Directional Lts Steady On (Arrow) $1,544.15 0806466 Lights, Backup, Wln M62BU, LED, For Tail Lt Housing $935.52 0805618 Lights, Backup, Wln M62BU Color, Trim chrome trim $1,056.09 0889577 Bracket, License Plate & Light, P25 LED, Stainless Brkt Color, Trim chrome housing $167.10 0889577 Bracket, License Plate & Light, P25 LED, Stainless Brkt Color, Trim chrome housing $167.10 0556842 Bezels, Wln, (2) M6 Chrome Pierce, For mtg (4) Wln M6 lights $791.60   0589905 Alarm, Back-up Warning, PRECO 1040 $0.00 0589905 Alarm, Back-up Warning, PRECO 1040 $0.00 0769420 Lights, Perimeter Cab, Amdor AY-LB-12HW020 LED 4Dr $1,041.40 0769420 Lights, Perimeter Cab, Amdor AY-LB-12HW020 LED 4Dr $1,041.40 0616293 Not Required, Lights Perimeter Pump House, No Pump $0.00 0616293 Not Required, Lights Perimeter Pump House, No Pump $0.00 0770056 Lights, Perimeter Body, Amdor AY-LB-12HW020 LED 2lts, Rear Step Control, Perimeter Lts the parking brake is applied $493.39 0770056 Lights, Perimeter Body, Amdor AY-LB-12HW020 LED 2lts, Rear Step Control, Perimeter Lts the parking brake is applied and either directional light is activated, activating all side facing perimeter lights $684.60  0769570 Lights, Perimeter, Amdor AY-LB-12HW020 20", Brkt Location, Additional Perimeter Lights one (1) light under compartment LS1, one (1) light under compartment LS4, one (1) light under compartment RS4 and one (1) light under compartment LS2 Qty, four (4) $849.45  0896454 Enhanced Software for Perimeter Lts $0.00 0641919 Lights, No Step Lights Req'd, HDR Body, No Step $0.00 0607950 Lights, Step, Weldon 9186-23882-30, HDR-NWI, Rear & Rec Walkway, Rr Sw $588.63 ≠ ≠ ≠ ≠   ≠       ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 18/44 0549115 Lights, Side Scene, Wln 60C0ELZR Gradient LED 12, Semi-Recess Mounted, 1st Location, Scene Lights one (1) high and forward on passenger's side body and one (1) high and rearward on passenger's side body Qty, two (2) Switch, Lt Control 1 DC,1 a switch at the driver's side switch panel Switch, Lt Control 2 DC,2 no additional switch location Switch, Lt Control 3 DC,3 no additional switch location Switch, Lt Control 4 DC,4 no additional switch location $1,610.75   0549117 Lights, Side Scene, Wln 60C0ELZR Gradient LED 12, Semi-Recess Mounted, 2nd Location, Scene Lights one (1) high and forward on driver's side body and one (1) high and rearward on driver's side body Qty, two (2) Switch, Lt Control 1 DC,1 a switch at the driver's side switch panel Switch, Lt Control 2 DC,2 no additional switch location Switch, Lt Control 3 DC,3 no additional switch location Switch, Lt Control 4 DC,4 no additional switch location $1,610.75    0749399 Light, Visor Mt, Wln S72M**, 72" Cnt Feature Color, Wln Lt Housing painted parts of this light assembly to be white Control, Scene Lts by a switch at the driver's side switch panel LED Module Type additional modules to be four (4) scene light modules with white LEDs $5,973.20 ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 19/44  0774948 Lights, Wln, P*H1* Pioneer, 12 VDC, 2nd Color, Wln Lt Housing painted parts of this light assembly to be white Control, Scene Lts by a switch at the driver's side switch panel, by a switch at the passenger's side switch panel, when the cab or crew cab doors on the passenger's side are open and by the same control that has been selected for the passenger's side ood light(s) Location High and rear of PS crew door Mount, Wln II light(s) to be installed in a 15 degree vertical recessed bracket Qty, one (1) Scene Light Optics ood optics $2,695.98  0775524 Lights, Wln, P*H1* Pioneer, 12 VDC, 1st Color, Wln Lt Housing painted parts of this light assembly to be white Control, Scene Lts by a switch at the driver's side switch panel, when the cab or crew cab doors on the driver's side are open and scene lights to be controlled by the same control that has been selected for the driver's side ood light(s) Location High and rear of DS crew door Mount, Wln II light(s) to be installed in a 15 degree vertical recessed bracket Qty, one (1) Scene Light Optics ood optics $2,470.84  0774333 Lights, Wln, P*H2* Pioneer, 12 VDC, 2nd Color, Wln Lt Housing painted parts of this light assembly to be white Control, Scene Lts by a switch at the driver's side switch panel and by a switch in a stainless steel cup located on the passenger's side at the rear of the apparatus no more than 72.00" from the ground Location three on PS, match J#26472 Mount, Wln II light(s) to be installed in a 15 degree vertical recessed bracket Qty, three (3) Scene Light Optics with ood optics $9,896.91 ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 20/44  0774579 Lights, Wln, P*H2* Pioneer, 12 VDC, 1st Color, Wln Lt Housing painted parts of this light assembly to be white Control, Scene Lts by a switch at the driver's side switch panel and by a switch in a stainless steel cup located on the driver's side at the rear of the apparatus no more than 72.00" from the ground Location three on DS, match J#26472 Mount, Wln II light(s) to be installed in a 15 degree vertical recessed bracket Qty, three (3) Scene Light Optics with ood optics $9,896.91  0773722 Lights, Wln, P*H2* Pioneer, 12 VDC, 3rd Color, Wln Lt Housing painted parts of this light assembly to be white Control, Scene Lts by a switch at the driver's side switch panel and by a switch in a stainless steel cup located on the driver's side at the rear of the apparatus no more than 72.00" from the ground Location One DS rear and one PS rear, match J#26472 Mount, Wln II light(s) to be installed in a 15 degree vertical recessed bracket Qty, two (2) Scene Light Optics with ood optics $6,597.94 0004961 Not Required, Work Lights, Alt. Rear Lights, HDR/Encore, No Hose Bed $0.00 0004961 Not Required, Work Lights, Alt. Rear Lights, HDR/Encore, No Hose Bed $0.00 0635487 Lights, Rear Scene, Wln, 700 LED, Below Tailboard Control, Rear Scene Lts by a switch at the driver's side switch panel $811.07 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body $0.00 0795742 Not Required, Walking Surface, Alt. Walking Surface Lights, HDR $0.00 0795742 Not Required, Walking Surface, Alt. Walking Surface Lights, HDR $0.00 0019030 HDR, Non-Walk-In, Aluminum $190,820.19 0019030 HDR, Non-Walk-In, Aluminum $190,820.19 0020741 18.5' Body Length, 48.48.57.48, NWI $0.00 0691089 23.5' Body Length, 48.48.48.57.60, NWI, 100" Body $2,136.82 0656687 96" Body Width, NWI $0.00 0656685 100" Body Width, NWI $2,136.81 0018367 90" Body Height, NWI $3,747.78 0018374 98" Body Height, NWI $6,745.05 ≠ ≠   ≠     ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 21/44 0617507 NWI, Hatch, Recessed Walkway Conguration of Hatch Compartments three (3) hatch compartments on each side of the roof $18,666.30 0654006 98" Height, W/(3) Hatch & Recessed Walkway, NWI $18,666.30 0692726 Doors, Gortite, Roll-up, Side Compartments Color, Roll-up Door, Gortite an anodized satin nish Latch, Roll-up Door, Gortite A polished stainless steel lift bar to be provided for each roll-up door Qty, Door Accessory eight (8) compartment doors -$1,444.38 0692726 Doors, Gortite, Roll-up, Side Compartments Color, Roll-up Door, Gortite painted one (1) color to match the lower portion of the body Latch, Roll-up Door, Gortite A polished stainless steel lift bar to be provided for each roll-up door Qty, Door Accessory ten (10) compartment doors $0.00 0041734 18.5' Body Roll Doors, 48.48.57.48, NWI $0.00 0041773 23.5' Body Roll Doors, 48.48.48.57.60, NWI $0.00 0010473 Left Forward Compt, 48" & 48" Roll, NWI $33,648.34 0676925 Left Forward Compt, 48" & 48" & 48", Roll, NWI, 100" Body $54,447.16 0018724 Left Over Wheel Compt, 57", Roll, NWI $0.00 0011967 Left Over Wheel Compt, 57", Roll, Transverse, NWI $0.00 0018738 Left Rear Compt, 48" Roll, NWI $2,055.38 0659293 Left Rear Compt, 60" Roll, Transverse, NWI $9,119.90 0018781 Right Forward Compt, 48" & 48", Roll, NWI $0.00 0676917 Right Forward Compt, 48" & 48" & 48", Roll, NWI, 100" Body $0.00 0018816 Right Over Wheel Compt, 57" Roll, NWI $0.00 0013260 Right Over Wheel Compt, 57" Roll, Transverse, NWI $0.00 0018830 Right Rear Compartment, 48" Roll, NWI $0.00 0659292 Right Rear Compartment, 60" Roll, Transverse, NWI $0.00 0788379 Rear Compt, Roll Door, Gortite, Single Axle Color, Roll-up Door, Gortite an anodized satin nish Latch, Roll-up Door, Gortite A polished stainless steel lift bar to be provided for each roll-up door -$180.55 0659286 Rear Compt, Lap Lift Up, 28" Deep, 60" Xverse Side Compt, Rec. W/W, NWI $1,161.57  0645531 MODIFICATION, Regulator, Change to 250 psi $2,783.11 0503432 Audio/Video Network Not Provided $0.00 0503432 Audio/Video Network Not Provided $0.00  0615680 Base, Spitzlift Crane Mounting Location DS rear Qty, one (1) $1,961.20  0615694 Crane, Portable, Spitzlift LTD-424, 12V Winch Location DS rear Qty, one (1) $3,720.78  0681950 Vent, in Hatch Compartment Location in the forward most hatch compartment above RS5 for air circulation to hydraulic power unit in hatch compartment Qty, one (1) $381.80 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠   ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 22/44  0021401 Stairway, Retractable, Recessed Walkway, Aluminum $8,210.91  0818213 Remove Interior Divider Between Hatch Compartments Location in the two forward hatch compartments Qty, two (2) $2,638.91  0004897 Rope Anchor, Pinnable, 9000 lb Rated, Part Only Qty, two (2) $786.05  0629341 Rope Anchors, Pair, 9,000 lb Rating Location, Rope Anchors, First Pair One (1) on each side of the body in the upper corners at the rear of the body Location, Rope Anchors, Second Pair Second pair of rope anchors not requested Location, Rope Anchors, Third Pair Third pair of rope anchors not requested Qty, Pair one (1) pair $1,397.43  0532786 Divider, Compt, Hatch Interior, Adjustable Location in the hatch compartment above RS5 to separate the Hurst hydraulic power unit from the rest of the hatch compartment Qty, one (1) $514.93  0023359 Floor Extension, Compt Location LS4, LS5, RS4 Qty, three (3) $1,242.74  0544222 Rack, Extinguisher(s), Size Conguration 2 high in front of tool box Dimensions TBD Location RS5 Qty, two (2) $402.64  0004201 Rack, SCBA Bottles, 7.50" x 7.50" Conguration SIX (6) TO FIT AROUND THE FILL STATION CONTROL PANEL PER THE APPROVA DRAWING. THE 4 SLOTS IN THE UPPER ROW ARE TO HAVE NO BACKS SO THAT EXTRA LENGTH BOTTLES WILL FIT IN THEM Location in B1 above the ll stations Qty, six (6) $578.87 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 23/44  0650973 Rack, SCBA Bottles, 7.00" x 7.00", Additional Conguration 3 x 3 Location NINE (9) IN RS1 (3X3) Qty, nine (9) $868.32  0807384 Recess For Reel(s), In Hatch Compartment(s) w/Removable Cover Location above RS2, RS3, & RS4 Qty, Reel three (3) reels $1,041.77  0049946 Cable Release, Tilt Tray, IAT Std Latches Location LS5 forward of forward partition, 2 in LS3 upper, LS1 upper forward of partition, RS5 upper, RS3 upper, RS1 upper forward of partition. Qty, seven (7) $445.49 0794489 Bumper, Rear, Non-Walk-In 13.00" D $0.00 0794489 Bumper, Rear, Non-Walk-In 13.00" D $0.00 0793822 Not Required, Water Tank, Rescue $0.00 0793822 Not Required, Water Tank, Rescue $0.00 0023410 Not Required, Overow $0.00 0023410 Not Required, Overow $0.00 0028107 Not Required, Foam Cell Modication $0.00 0028107 Not Required, Foam Cell Modication $0.00  0553729 Not Required, Restraint, Water Tank, Heavy Duty $0.00 0013534 Not Required, Running Boards $0.00 0013534 Not Required, Running Boards $0.00 0690026 Wall, Rear, Body Material $0.00 0690026 Wall, Rear, Body Material $0.00 0003540 Tow Eyes (2) (Tanker/Rescue)$0.00 0003540 Tow Eyes (2) (Tanker/Rescue)$0.00  0019845 Guard, Drip Pan, S/S, Rollup Door Location, Door Accessory All compts Qty, Door Accessory ten (10) compartment doors $1,897.49  0518559 Keyed Locks for Roll-Up Doors, Key Style 751 Location, Door Accessory RS1 Qty, Door Accessory one (1) compartment door $105.89  0642304 Electric Door Locks, Body Doors, Gortite Location location 14 Location, Door Accessory RS1 Qty, one (1) $861.13 ≠ ≠ ≠         ≠       ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 24/44 0689547 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, HDR Qty, nine (9) $2,818.66 0689547 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, HDR Qty, eleven (11) $3,445.03 0606068 Lights, Hatch Compt, Pierce LED Strip Lights, HDR $1,015.86 0606068 Lights, Hatch Compt, Pierce LED Strip Lights, HDR $1,015.86 0652247 Shelf, Adjustable, 500 lb Capacity, Standard Depth, HDR Location, Shelf two in LS1, two in RS1, one in B1 Material Finish, Shelf painted spatter gray Qty, Shelf ve (5) shelves $960.31 0652247 Shelf, Adjustable, 500 lb Capacity, Standard Depth, HDR Location, Shelf LS1rearward of partition centered, RS1 rearward of partition centered. one in RS1 to rear of vertical divider to support air bottle rack in RS1. One in LS1 to rear of vertical divider. Material Finish, Shelf painted nightspots Qty, Shelf two (2) shelves $447.77  0804898 Shelf, Adj, Inverted, Down Turned Flanges, 2" Sides Location, Shelf RS1 upper Material Finish, Shelf painted nightspots Qty, Shelf one (1) shelf $496.73  0652269 Tray, 500 lb, Slide-out, 1-Way, Utility, Adj Height, 3" Sides, 1/2 Trans, HDR Location One in RS3, One in RS5 Material Finish, Tray painted nightspots Qty, Tray (slide-out) two (2) slide-out trays $2,680.60  0652264 Tray, 500 lb, Slide-out, 2-Way, Utility, Adj Height, 3" Sides, Full Trans, HDR Location RS1 / LS1 Material Finish, Tray painted nightspots Qty, Tray (slide-out) one (1) slide-out tray $1,872.52  0652262 Tray, 200 lb, Tilt/Slide-out, 30 Deg, Adj, 1/2 Trans, HDR Location LS5 forward of forward partition, 2 in LS3 upper, LS1 upper forward of partition, RS5 upper, RS3 upper, RS1 upper forward of partition. Material Finish, Tray painted nightspots Qty, Tray (slide-out) seven (7) slide-out trays $10,800.06 ≠   ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 25/44 0646005 Tray, Floor Mounted, Utility, Two Way Slide-Out, 500lb, 3" Sides, Full Trans location over rear axle (LS2/RS2) Material Finish, Tray painted spatter gray Qty, one (1) $1,912.61 0646559 Tray, Floor Mounted, Utility, One Way Slide-Out, 500lb, 3" Sides, 1/2 Trans location LS5 rearward of rear partition, LS5 forward of forward partition, LS4 x3 equal width, RS5, RS4 x3 equal width, Material Finish, Tray painted nightspots Qty, nine (9) $12,288.35  0627823 Tray, Floor Mounted, Slide-Out, Standard Depth Compt, Low/Special Sides, HDR location LS1 forward of partition and rearward of partition, RS3 (forward of shoring box Mike Brown to provide dimensions). Material Finish, Tray painted nightspots Qty, three (3) Tray, Low Side Height, Front 1.00" high Tray, Low Side Height, Left 1.00" high Tray, Low Side Height, Rear 1.00" high Tray, Low Side Height, Right 1.00" high $3,316.53  0804955 Drawer Insert, CTECH, Four Drawers, Up To 48" Wide Location RS5 forward of extinguisher rack Qty, one (1) Size, Drawer Height 1 (Top) 2.00" with a face plate that is 3.00" Size, Drawer Height 2 3.75" with a face plate that is 4.00" Size, Drawer Height 3 5.75" with a face plate that is 6.00" Size, Drawer Height 4 8.00" $2,876.42  0648484 Toolboard, Slide-out,Alum,.188",Peg Board,w/6" Wide Adj Tray Underside,1/2 Trans Finish painted Nightspots 909017 location three in LS4, 2 in RS4 Qty Five (5) $10,243.54  0726451 Partition, Vertical Compt Location, Partition, Vertical LS4 34" from rear wall, RS4 34" from rear wall, Qty, Partition Two (2) partitions $684.95 ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 26/44  0726429 Partition, Vertical Compt, Transverse Compt, Aerials/HDRs Location two 1/2 depth LS5 (16" from rear wall and 29" from rear wall). LS1/RS1 35.5" from forward wall. lengthwise in center of LS5/RS5 to separate the two compartments Qty, Partition Four (4) partitions $2,937.86  0539811 Box, Poly Tool Color black Depth 6.00" deep Length 23.00" long Location LS5 above 8 slot rack Qty, Comp. Accessory eight (8) Width 6.00" wide $2,965.51  0539812 Box, Poly Tool, Additional Color black Depth 16.00" deep Length 24.00" long Location LS4 & RS4 Qty, Comp. Accessory eight (8) Width 9.00" wide $2,965.51  0554385 Box, Poly Tool, Special Size Color black Location RS3 Qty, Comp. Accessory one (1) Size TBD (Mike Brown to provide shoring box dimensions) $484.07  0044903 Netting, Retention 1.00" Nylon Strap, Side Fastened, 2.00" Box Pattern Location LS3 & RS3 above false oor, 1' high (to restrain plywood Qty, two (2) Type of fastener Lift-a-dot $1,295.71 ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 27/44  0699887 Floor, Smooth Alum, Angled for Cribbing, Removeable Location LS5, LS3 Qty, Comp. Accessory two (2) $633.43  0606863 Rack, Equipment Storage, Individual Slot(s), Qty. Conguration 8 in a horizontal row Dimensions 6" x 6" x 26" Location Floor of LS5 Qty, eight (8) $2,561.62  0542060 Floor Extension, Compartment, 2.00" Downturned Lip, 0.18" Alum Location LS5, LS4, LS3, RS5, RS4, RS3, Qty, six (6) $3,074.35 0004016 Rub Rail, Aluminum Extruded, Side of Body $0.00 0004016 Rub Rail, Aluminum Extruded, Side of Body $0.00 0004024 Fender Crowns, Rear, S/S $1,161.63 0510626 Fender Crowns, Rear, S/S, Wider Than Standard $1,268.03 0519849 Not Required, Hose, Hard Suction $0.00 0519848 Not Required, Hose, Hard Suction, No Pump $0.00  0609286 Handrail, Extra - 15-20" Long, Hansen Tubing, Knurled Aluminum LED Backlit Color, Light, Hansen Handrail red Location, Handrails each side of rear body compartment door Qty, Handrails Two (2) handrails Switch, Handrail Light Control by the same means as the cab handrail light controls $1,001.95 0044229 No Extension Ladder Req'd $0.00 0044229 No Extension Ladder Req'd $0.00 0074231 No Roof Ladder Required $0.00 0074231 No Roof Ladder Required $0.00 0074248 Not Required, Folding Ladder $0.00 0074248 Not Required, Folding Ladder $0.00 0540739 Not Required, Rack, Equipment Storage, Rear Compt $0.00 0540739 Not Required, Rack, Equipment Storage, Rear Compt $0.00 0044067 Step, HDR Pull-Out Rear Location, driver's/passenger's/center center $0.00 0044067 Step, HDR Pull-Out Rear Location, driver's/passenger's/center on the right side $0.00 0518339 Not Required, Pump House, Rescue $0.00 0518339 Not Required, Pump House, Rescue $0.00 0092531 Not Required, Pump House Structure $0.00 0092531 Not Required, Pump House Structure $0.00 0796159 Not Required, Pump, Rescue $0.00 0796159 Not Required, Pump, Rescue $0.00 0012216 No Seal/Packing Required $0.00 0012216 No Seal/Packing Required $0.00 0012690 Not Required, Trans, Pump $0.00 0012690 Not Required, Trans, Pump $0.00 ≠ ≠ ≠   ≠ ≠ ≠         ≠           11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 28/44 0669703 Not Required, Pumping Mode $0.00 0669703 Not Required, Pumping Mode $0.00 0024484 Not Required, Pump Shift $0.00 0024484 Not Required, Pump Shift $0.00 0046295 Transmission Lock-up, Not Req'd, NO PUMP -$740.52 0046295 Transmission Lock-up, Not Req'd, NO PUMP -$740.52 0046296 Not Required, Auxiliary Cooling System, NO PUMP $0.00 0046296 Not Required, Auxiliary Cooling System, NO PUMP $0.00 0046283 Not Required, Transfer Valve, NO PUMP $0.00 0046283 Not Required, Transfer Valve, NO PUMP $0.00 0024513 Not Required, Intake Relief Valve $0.00 0024513 Not Required, Intake Relief Valve $0.00 0046403 No Relief Valve Req'd, No Pump $0.00 0046403 No Relief Valve Req'd, No Pump $0.00 0012336 No Pump Primer Req'd $0.00 0012336 No Pump Primer Req'd $0.00 0012816 Not Required, Pump Manuals $0.00 0012816 Not Required, Pump Manuals $0.00 0090789 Not Required, Plumbing, No Pump $0.00 0090789 Not Required, Plumbing, No Pump $0.00 0046371 Not Required, No Plumbing or Foam System $0.00 0046371 Not Required, No Plumbing or Foam System $0.00 0796254 No Main Inlet Required, Rescue No Pump $0.00 0796254 No Main Inlet Required, Rescue No Pump $0.00 0584002 Not Required, Cap, Main Pump Inlet, No Side Inlet Caps Required, No Pump $0.00 0584002 Not Required, Cap, Main Pump Inlet, No Side Inlet Caps Required, No Pump $0.00 0089389 No Valves, (No Pump)$0.00 0089389 No Valves, (No Pump)$0.00 0074685 Not Required, Inlet Installation $0.00 0074685 Not Required, Inlet Installation $0.00 0064700 Not Required, Inlet Control $0.00 0064700 Not Required, Inlet Control $0.00 0055600 Not Required, Auxiliary Inlet, Left Side $0.00 0055600 Not Required, Auxiliary Inlet, Left Side $0.00 0029147 Not Required, Inlet, Right Side $0.00 0029147 Not Required, Inlet, Right Side $0.00 0681723 No Bleeder Valve, No Pump $0.00 0681723 No Bleeder Valve, No Pump $0.00 0681730 Not Required, Tank to Pump, No Pump $0.00 0681730 Not Required, Tank to Pump, No Pump $0.00 0074900 Not Required, Tank Fill $0.00 0074900 Not Required, Tank Fill $0.00 0089394 Not Required, Outlet Control, No Pump $0.00 0089394 Not Required, Outlet Control, No Pump $0.00 0551181 Not Required, Outlet, Left Side, Rescue $0.00 0551181 Not Required, Outlet, Left Side, Rescue $0.00 0055095 Not Required, Elbow, Left Side Outlets, 2.50"$0.00 0055095 Not Required, Elbow, Left Side Outlets, 2.50"$0.00 0092570 Not Required, Outlets, Left Side Additional $0.00 0092570 Not Required, Outlets, Left Side Additional $0.00 0021143 Not Required, Outlet, Right Side $0.00 0021143 Not Required, Outlet, Right Side $0.00 0021134 Not Required, Elbow, Right Side Outlets $0.00 0021134 Not Required, Elbow, Right Side Outlets $0.00 0092571 Not Required, Outlets, Right Side Additional $0.00 0092571 Not Required, Outlets, Right Side Additional $0.00 0089584 Not Required, Elbow, Right Side Outlets, Additional $0.00 0089584 Not Required, Elbow, Right Side Outlets, Additional $0.00 0545326 Not Required, Outlet, Large Diameter, No Pump $0.00 0046382 Not Required, Outlet, Large Diameter, No Pump $0.00 0007308 Not Required, Elbow, Large Diameter Outlet $0.00 0007308 Not Required, Elbow, Large Diameter Outlet $0.00 0092572 Not Required, Outlet, Front $0.00 0092572 Not Required, Outlet, Front $0.00 0092575 Not Required, Outlet, Rear $0.00 0092575 Not Required, Outlet, Rear $0.00 0045099 Not Required, Elbow, Rear Outlets $0.00 0045099 Not Required, Elbow, Rear Outlets $0.00                                                           ≠         11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 29/44 0092574 Not Required, Outlet, Rear, Additional $0.00 0092574 Not Required, Outlet, Rear, Additional $0.00 0728255 Not Required, Caps/Plugs for 1.00" to 3.00" Discharges/Inlets $0.00 0728255 Not Required, Caps/Plugs for 1.00" to 3.00" Discharges/Inlets $0.00 0089391 Valve, Bleeder - None Req'd, (No Pump)-$432.13 0089391 Valve, Bleeder - None Req'd, (No Pump)-$432.13 0029106 Not Required, Deluge Outlet $0.00 0029106 Not Required, Deluge Outlet $0.00 0029302 No Monitor Requested $0.00 0029302 No Monitor Requested $0.00 0029304 No Nozzle Req'd $0.00 0029304 No Nozzle Req'd $0.00 0029107 No Deluge Mount $0.00 0029107 No Deluge Mount $0.00 0723726 Speedlay Module Not Required $0.00 0723726 Speedlay Module Not Required $0.00 0722432 Hose Restraint Not Required, No Speedlay Module $0.00 0722432 Hose Restraint Not Required, No Speedlay Module $0.00 0723395 Speedlays, Not Required $0.00 0723395 Speedlays, Not Required $0.00 0723394 Speedlays, Not Required $0.00 0723394 Speedlays, Not Required $0.00 0519936 Not Required, 1.50" Crosslays, Rescue $0.00 0519936 Not Required, 1.50" Crosslays, Rescue $0.00 0500535 Not Required, Hose Restraint, Crosslay $0.00 0500535 Not Required, Hose Restraint, Crosslay $0.00 0029260 Not Required, Speedlays $0.00 0029260 Not Required, Speedlays $0.00 0750536 Hose Restr, Spdly, Not Required, No Spdly $0.00 0750536 Hose Restr, Spdly, Not Required, No Spdly $0.00 0046372 Not Required, Foam System, Pump, or Plumbing $0.00 0046372 Not Required, Foam System, Pump, or Plumbing $0.00 0012126 Not Required, CAF Compressor $0.00 0012126 Not Required, CAF Compressor $0.00 0552517 Not Required, Rell, Foam Tank $0.00 0552517 Not Required, Rell, Foam Tank $0.00 0042573 Not Required, Foam System Demonstration $0.00 0042573 Not Required, Foam System Demonstration $0.00 0045465 Not Required, Foam Tanks $0.00 0045465 Not Required, Foam Tanks $0.00 0091110 Not Required, Foam Tank Drain $0.00 0091110 Not Required, Foam Tank Drain $0.00 0091079 Not Required, Foam Tank #2 $0.00 0091079 Not Required, Foam Tank #2 $0.00 0091112 Not Required, Foam Tank #2 Drain $0.00 0091112 Not Required, Foam Tank #2 Drain $0.00 0738072 Approval Dwg, Pump Panel(s), Not Required $0.00 0738072 Approval Dwg, Pump Panel(s), Not Required $0.00 0000261 Not Required, Pump Panel Layout $0.00 0000261 Not Required, Pump Panel Layout $0.00 0030701 Not Required, Material, Pump Panels, No Panel $0.00 0030701 Not Required, Material, Pump Panels, No Panel $0.00 0046495 Not Required, Pump Access, No Pump $0.00 0046495 Not Required, Pump Access, No Pump $0.00 0002624 Not Required, No Chassis Engine Gauges @ Pump Panel -$443.67 0002624 Not Required, No Chassis Engine Gauges @ Pump Panel -$443.67 0046400 Throttle, Engine, Not Required, No Pump/Skid Pump $0.00 0046400 Throttle, Engine, Not Required, No Pump/Skid Pump $0.00 0892618 Not Required, Indicator Light, Pump Panel, No Pump or Skid Pump $0.00 0892618 Not Required, Indicator Light, Pump Panel, No Pump or Skid Pump $0.00 0046378 Not Required, Gauges, Vac/Pressure, No Pump $0.00 0046378 Not Required, Gauges, Vac/Pressure, No Pump $0.00 0046375 Not Required, Gauges, No Pump $0.00 0046375 Not Required, Gauges, No Pump $0.00 0035650 Not Required, Water Level Gauge $0.00 0035650 Not Required, Water Level Gauge $0.00                                                                   11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 30/44 0006774 Not Required, Foam Level Gauge $0.00 0006774 Not Required, Foam Level Gauge $0.00 0046280 Not Required, Light Shield, No Pump $0.00 0046280 Not Required, Light Shield, No Pump $0.00 0606694 Air Horns, (2) Hadley, 6" Round, eTone, In Bumper $1,082.95 0747460 Air Horns, (2) Hadley, 6" Round, eTone, UnderSlung Bumper $1,555.31 0606835 Location, Air Horns, Bumper, Each Side, Outside Frame, Outboard (Pos #1 & #7) $0.00 0606835 Location, Air Horns, Bumper, Each Side, Outside Frame, Outboard (Pos #1 & #7) $0.00 0757092 Control, Air Horn, Multi Select $0.00 0757092 Control, Air Horn, Multi Select $0.00 0757084 Control, Air Horn, Horn Ring $182.00 0757077 Control, Air Horn, Lanyard, LS Lanyard lanyard to be a plastic coated braided cable $189.04 0757076 Control, Air Horn, Lanyard, RS Lanyard lanyard to be a nylon rope $182.00 0757076 Control, Air Horn, Lanyard, RS Lanyard lanyard to be a plastic coated braided cable $189.04 0525667 Siren, Wln 295SLSA1, 100 or 200 Watt $721.45 0006133 Siren, Code 3 3692 100W or 200W $787.02 0510206 Location, Elect Siren, Recessed Overhead In Console Location, Elec Siren recessed in the driver side center switch panel $53.02 0510206 Location, Elect Siren, Recessed Overhead In Console Location, Elec Siren recessed in the passenger side inside switch panel $0.00 0076156 Control, Elec Siren, Head Only $0.00 0076156 Control, Elec Siren, Head Only $0.00 0601306 Speaker, (1) Wln, SA315P, w/Pierce Polished Stainless Steel Grille, 100 watt Connection, Speaker connected to the siren amplier $878.41 0791125 Speaker, (1) Code 3, C3100 Series, Mounted Behind Bumper, 100 watt Connection, Speaker connected to the siren amplier $410.26 0601565 Location, Speaker, Frt Bumper, Recessed, Center (Pos 4) $0.00 0678617 Location, Speaker, Frt Bumper, Recessed, Right and Left Side Corners $0.00  0895310 Siren, Federal Q2B Finish, Q2B Siren chrome nish $5,147.53  0006095 Siren, Mechanical, Mounted Above Deckplate Location, Siren, Mech on the left side -$237.67  0748305 Control, Mech Siren, Multi Select $0.00  0729539 Control Mech Siren, Rocker Momentary On, Brake LS Location Location 2 $349.85  0895055 Control Mech Siren, Ft Sw RS, Interlock Control, Interlocks control to be available when the parking brake is released $264.63  0740391 Sw, Siren Brake, Momentary Chrome Push Button, RS $325.60     ≠     ≠ ≠ ≠ ≠   ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 31/44  0726839 Sw, Siren Brake, Momentary Red Rocker, Location, Hardwire Location over DS head $325.60  0811625 Control System, Supplier Based, Electrical Wln CenCom Core C399 HW CCCo $6,913.16 0746353 Not Required, Warning Lights Intensity $0.00 0734625 Control, Warning Lt Intensity, Wln, Photocell, Prk Brk $797.27 0651462 Lightbar, Wln, Justice, LED, 4-R, 4-RC LED, Clear Lens $1,813.19 0721598 Lightbar, Wln, Frdm Q WCX, 81", RRRRWRRROptRRRWRRRR, CCCo Filter, Whl Freedom Ltbrs clear lenses included on the lightbar Momentary Opticom Activation no momentary switch to activate the trac light controller Opticom Activation by a cab switch with emergency master control Opticom Priority national standard high priority $10,567.45  0641779 Bracket, Lightbar, Forward Oset, FR Raised Roof Cab $260.33  0887345 Lightbars, Wln, Freedom IV-WCXF4MINI, 2-21.5", RRWRR RRWRR, CCCo Filter, Whl Freedom Ltbrs clear lenses included on the lightbar Lightbar Location, Cab/Crew Cab over the cab doors $6,932.44 0737406 Lights, Front Zone, Wln M6** LED, Color Features, Above Headlts 2lts Color, Lens, LED's clear Color, Lt DS Front driver's side front warning light to be red Color, Lt PS Front passenger's side front warning light to be red Color, Trim chrome trim $916.99   ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 32/44  0731884 Lights, Front Zone, Wln M6**S, Q Bezel 4Lts CCCo Color, Lens, LED's warning light lens color(s) to be clear Color, Lt DS Frnt Outside left side outside warning light to include red LEDs Color, Lt DS Front Inside left side inside warning light to include red LEDs Color, Lt PS Frnt Outside right side outside warning light to include red LEDs Color, Lt PS Front Inside right side inside warning light to include red LEDs Color, Q Bezel and Trim housing to be polished and the trim shall be chrome $2,923.47  0757440 Light, Front, Roto Ray 4000W, PAR46 LED, 2-R, 1- W, Hidden Mt Top Section Grl $3,649.54 0653937 Flasher, Headlight Alternating Headlt ash deactivation the hi-beam headlight switch is activated $141.42   0795711 Lights, Side Zone Lower, Wln M6*C LED, Clear Lens, 3pr, Ovr 25, Rescue Color, Lt Side Front side front lights to be red Color, Lt Side Middle side middle lights to be red Color, Lt Side Rear side rear lights to be red Location, Lights Front Side one (1) each side on the bumper extension Location, Lights Mid Side one (1) each side above the front wheels Location, Lights Rear Side one (1) each side above rear wheels $2,727.23 0895940 Lights, Side Zone Lower, Wln, Separated into Front, Middle, Rear $0.00  0804494 Lights, Side Zone Lower Front, Wln M6D#, CCCo Color, Lt Side Frnt LS Cmb left side front light to included red and white ashing LEDs Color, Lt Side Frnt RS Cmb right side front light to include red and white ashing LEDs Color, Trim chrome trim Location, Lights Front Side one (1) each side on the bumper extension $1,227.99 ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 33/44  0804496 Lights, Side Zone Lower Middle, Wln M6D#, CCCo Color, Lt Side Mid LS Cmb left side middle light to include red and white ashing LEDs Color, Lt Side Mid RS Cmb right side middle light to include red and white ashing LEDs Color, Trim chrome trim Location, Lights Mid Side one (1) each side of cab rearward of crew cab doors $1,227.99  0807294 Lights, Side Zone Lower Rear, Wln M6V2**, CCCo Color, Lens, LED's warning light lens color(s) to be clear Color, Lt Side Rear DS left side, side rear light to include red warning LEDs Color, Lt Side Rear PS right side, side rear light to include red warning LEDs Color, Trim chrome trim Control, Scene Lts by a switch at the driver's side switch panel and when the left directional signal is activated, the left scene lights will activate. When the right directional signal is activated, the right scene lights will activate Location, Lights Rear Side one (1) each side, centered above rear wheels $3,034.80  0896616 Lights, Door Interior Flash, 4 Dr Cab, Weldon 8401-0000-20 Strip Light Control, Door Int Flash no other controls are on Location, Light, Door Int Flash located over the door window. $968.03  0815847 Connectors, Door Interior Flash, All Cabs, Weatherproof $0.00  0734473 Lights, Door Interior Flash, Cab Compt, Weldon 8401-0000-20 LED, Strip Lt Location on the INTERIOR of the LS and RS exterior EMS cabinet doors Qty, two (2) $746.81 ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 34/44  0803815 Lights, Side, Wln M9D#, CCCo, 1st Color, Lights, Warning light(s) to include red and white LEDs Color, Trim chrome trim Control, Light with the emergency master Location 2 on each side of the body in the upper area spaced half way between the front and middle oodlights and halfway between the rear and middle oodlights ref J#26472 Qty, two (2) $2,139.64  0807350 Lights, Side, Wln M6D#, CCCo, 1st Color, Lights, Warning light(s) to include red and white LEDs Color, Trim chrome trim Control, Light with the emergency master Location a pair rear of the crew cab door inline with the side warning light on the front bumper. Put the second pair on the front bumper on the angled portion. Match J#33243 Qty, four (4) $3,598.73  0808641 Lights, Side, Wln WIONSM#* Split Mntd/Rec in Rub Rail, 1st CCCo Color, Lt Housing chrome Color, Lt Side Split color of the light(s) to be red to the front and white to the rear Location, Lights Center of each rub rail Total 6 Qty, six (6) $5,717.70 0540783 Lights, Rear Zn Lwr, Wln M6*C LED Color, Lt DS Rear driver's side rear light to be red Color, Lt PS Rear passenger's side rear light to be red $979.90 0727126 Lights, Rear Zn Lwr, Wln M6**S, For Tail Lt Housing CCCo Color, Lens, LED's warning light lens color(s) to be clear Color, Lt DS Rear left side rear warning light to include red LEDs Color, Lt PS Rear right side rear warning light to include red LEDs $1,133.42 ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 35/44  0898488 Lights, Rear, Wln M6**S LED, 1st, CCCo Color, Lens, LED's warning light lens color(s) to be clear Color, Lights, Warning light(s) to include amber ashing LEDs Color, Trim chrome trim Control, Light with the emergency master Location This light will go on the inside rear portion of lift up door on B1 so that when the door is open the amber light will ash for visibility Qty, two (2) $1,301.42 0541116 Lights, Rear/Side Up Zone, Wln M6* LED, Colored Lens 4lts Color, Lt, Rear Upper DS rear upper light(s) on the driver's side to be red Color, Lt, Rear Upper PS rear upper light(s) on the passenger's side to be red Color, Lt, Side Rear Upper DS side rear upper light(s) on the driver's side to be red Color, Lt, Side Rear Upper PS side rear upper light(s) on the passenger's side to be red $1,895.21 0721762 Lights, Rear Zn Upr, Wln M6*CS 6Lts, CCCo Color, Lt, Rear Mid LS rear middle light on the left side to include red LEDs Color, Lt, Rear Mid RS rear middle light on the right side to include red LEDs Color, Lt, Rear Upper DS rear upper light on the left side to include red ashing LEDs Color, Lt, Rear Upper PS rear upper light on the right side to include amber ashing LEDs Color, Lt, Side Rear Upper DS side upper rear light on the left side to include red ashing LEDs Color, Lt, Side Rear Upper PS side upper rear light on the right side to include amber ashing LEDs Color, Trim chrome trim $2,869.00 0006551 Not Required, Lights, Rear Upper Zone Blocking $0.00 0898688 Light, Rear Zone Up Block, Wln M9**S, 2lts, CCCo Color, Lens, LED's warning light lens color(s) to be clear Color, Lt, Rear Upper DS rear upper light on the left side to include red ashing LEDs Color, Lt, Rear Upper PS rear upper light on the right side to include red ashing LEDs Color, Trim chrome trim Location, Lights Each side high on rear of body $1,388.80  0762435 Light, Trac Directing, Wln TAL85, 46.87" Long LED, Lens Feature Activation, Trac Dir L auxiliary ash to be activated when the parking brake is applied Color, Lens, LED's clear $2,404.52 ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 36/44  0529861 Location, Traf Dir Lt, Surface Mounted Over Rear Door with Treadplate Box $648.05  0529642 Location, Traf Dir Lt Controller, Overhead Switch Panel DS Left End $81.27  0006646 Electrical System, 120/240VAC, General Design $0.00  0888995 Generator, MagnaPlus, 80kW Continuous, 120/240Vac, 60Hz, 3 Phase, PTO $29,216.88  0016645 Location, PTO Generator, Between the Frame Rails $0.00  0016752 Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl $0.00  0016757 Not Required, Remote Start, Generator $0.00  0016740 Not Required, Fuel System $0.00  0016767 Not Required, Oil Drain Extension, Generator $0.00  0036738 Circuit Breaker Panel, Included With PTO Generator Location, Circuit Breaker Panel high on the left wall of compartment LS2 $0.00  0092381 Guard, Splash Guard for PTO Generator Between the Frame Rails, Stainless Steel $616.26  0016771 Not Required, Routing Exhaust, Generator $0.00  0066627 Reel, Elect Cable, Hannay, 1600, (4) Wire Finish, Reel painted #269 gray from the reel manufacturer Location, Electric Cord Reel one (1) over compartment P3 in the hatch compartment, one (1) over compartment LS3 in the hatch compartment, forward, one (1) over compartment LS3 in the hatch compartment, rearward and one (1) over compartment RS3 in the hatch compartment Qty, Cord Reels four (4) cord reels Reel Guide A Nylatron guide to be provided to aid in the payout and loading of the reel $11,427.61  0086632 Cord, Electric, 10/4 Yellow, 4 Wire Connection, Cord A Hubbell L14-20, 20 amp, 120/240 volt, twist lock connector body Feet of Yellow Cord 200 feet Lengths of Elect Cord four (4) lengths, one (1) for each reel, $5,320.81 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 37/44  0780360 Receptacle Strip, 20A 120V 6-Place, Interior Cab AC Power Source shoreline inlet Location 1 mount high in each EMS compartment in the crew cab Qty, two (2) $1,036.59  0025566 Receptacle, 20A 240V 3-Pr 3-Wr SB, 6-20 Wtrprf AC Power Source on board generator Location, Receptacles one (1) in the forward hatch compartment above RS5 for the Hurst hydraulic power supply Qty, one (1) $617.84  0510721 Breathing Air Cascade Sys. (4) 6000 ASME, Storage Cyl. Location, Cascade Bottles under oor of D2/P2 compartment with access through the rear compartment $30,386.57  0016855 Breathing Air System General Design $0.00  0501818 Demonstration, Breathing Air System, at Factory $0.00  0510694 Air Control Panel, Eagle, Custom, Breathing Air System Cong, ACP Booster without a booster pump Cong, ACP Regulator two (2) high pressure regulated circuits and one (1) low pressure, high ow rate regulated circuit Cong, Compressor with a compressor connection Location R1 Qty, Storage Banks four (4) $18,826.19  0090430 Fill Encl, 2 Bottle,"SpaceSaver"Model 100A,13" Wide, RSP Location R1 Qty, two (2) $25,222.08  0818034 Compressor, BreathAir, 25.2 SCFM, Bauer, BP25H E3, 6000 PSI, 20HP, Clearwater Location DS LS2 compt set back 15-16" from the lip $132,063.40 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 38/44  0066890 Reel, Breathing Air, High Pressure w/150' Hose Finish, Reel painted #269 gray from the reel manufacturer Location In con box above RS2 toward rear Qty, Reel one (1) reel Reel Guide A captive roller assembly to be provided to aid in the payout and loading of the reel $4,383.36  0766381 Reel, Breathing Air, Low Pressure w/150' Hose Finish, Reel painted #269 gray from the reel manufacturer Location One in con box above LS2 toward frt of compt One in con box above RS2 toward frt Qty, Reel two (2) reels Reel Guide A captive roller assembly to be provided to aid in the payout and loading of the reel $9,883.36 0519934 Not Required, Brand, Hydraulic Tool System $0.00 0547854 Brand, Hydraulic Tool System, Hurst High Pressure $0.00 0649753 Not Required, PTO Driven Hydraulic Tool System $0.00 0649753 Not Required, PTO Driven Hydraulic Tool System $0.00  0655662 Mounting Bracket, Power Supply, For Future Installation Fill in Blank **VERIFY*** Hurst JL-AC-TR 220V power supply. (The Hurst with 4 outlets) Location, Power Unit Above RS5 in con compts Vent as needed Qty, one (1) $469.74  0627269 Hose, Hydraulic, Hurst High Pressure, 4'-12', Twin Line, Streamline, Connection Color, Insert, Hydraulic Hose 1 Red Color, Insert, Hydraulic Hose 2 Green Color, Insert, Hydraulic Hose 3 Black Color, Insert, Hydraulic Hose 4 Red Color, Insert, Hydraulic Hose 5 Green Color, Insert, Hydraulic Hose 6 Black Location All reels to power unit and all dumps remote. Colors of these hoses to match color of hoses on the respective reels Qty, six (6) $9,298.62 ≠ ≠ ≠   ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 39/44  0627286 Hose, Hydraulic, Hurst High Pressure, 98', Twin Line, Streamline Color, Insert, Hydraulic Hose 1 Red Color, Insert, Hydraulic Hose 2 Green Color, Insert, Hydraulic Hose 3 Black Color, Insert, Hydraulic Hose 4 Red Color, Insert, Hydraulic Hose 5 Green Color, Insert, Hydraulic Hose 6 Black Location red hose on forward most reel on each side, green hose on middle reel on each side, and black hose on rear most reel on each side Qty, six (6) $22,044.75  0653549 Reel, Hydraulic, Hannay, 100' Cap, .25" Dual Hose (Any Make Tool) Brand, Model, Age of Tool Hurst 2026 Location Three RS4 Qty, Reel three (3) reels Reel Guide A captive roller assembly to be provided to aid in the payout and loading of the reel $8,705.62  0598189 Couplings, Hurst, Streamline, Set Location on all the reels in compartments D4 and P4 Qty, six (6) $7,324.21  0681249 Fluid, Hurst Hydraulic, High Pressure, Two (2) Gallons Qty, ve (5) $1,044.75 0007150 Bag of Nuts and Bolts Qty, Bag Nuts and Bolts One (1) bag $0.00 0007150 Bag of Nuts and Bolts Qty, Bag Nuts and Bolts One (1) bag $0.00 0602524 NFPA Required Loose Equipment, Special Services, NFPA 2016,Provided by Fire Dept $0.00 0602524 NFPA Required Loose Equipment, Special Services, NFPA 2016,Provided by Fire Dept $0.00 0796255 Not Required, Soft Suction, Rescue No Pump $0.00 0796255 Not Required, Soft Suction, Rescue No Pump $0.00 0602533 Extinguisher, Dry Chemical, Special Services, NFPA 2016, Provided by Fire Dept $0.00 0602533 Extinguisher, Dry Chemical, Special Services, NFPA 2016, Provided by Fire Dept $0.00 0602351 Extinguisher, 2.5 Gal. Press Water, Special Service, NFPA 2016,Prov by Fire Dept $0.00 0602351 Extinguisher, 2.5 Gal. Press Water, Special Service, NFPA 2016,Prov by Fire Dept $0.00 0741569 Paint Process / Environmental Requirements, Appleton $0.00 0741569 Paint Process / Environmental Requirements, Appleton $0.00 ≠ ≠ ≠ ≠             11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 40/44 0709567 Paint, Single Color, Enforcer Paint Color, Cab #90 red $0.00 0709846 Paint, Two-Tone Color, Velocity/Impel Paint Break, Cab a standard two-tone cab paint break provided Paint Color, Lower Area, Predened #90 red Paint Color, Upper Area, Predened #10 white Shield, Cab a high cab shield provided $2,365.35 0709845 Paint, Single Color, Body Paint, Body painted to match the single cab paint color $0.00 0709833 Paint, Two-Tone Color, Body Paint Break, Body as specially designed and shown on the lettering and striping print Paint, Lower Body painted to match the lower section of the cab Paint, Upper Body painted to match the upper section of the cab $3,626.43 0646901 Paint Chassis Frame Assy, With Liner, E-Coat, Standard Paint Color, Frame Assembly, Predened a single system black top coat $829.69 0646901 Paint Chassis Frame Assy, With Liner, E-Coat, Standard Paint Color, Frame Assembly, Predened a single system black top coat $829.69 0693798 Paint, Front Wheels Paint, Wheels powder coat paint #90 red $270.46 0693797 No Paint Required, Aluminum Front Wheels $0.00 0693793 Paint, Rear Wheels, Single Axle Paint, Wheels powder coat paint #90 red $544.06 0687653 Paint, Rear Wheels, Single Axle, Alum-Stl Paint, Wheels powder coat paint #101 black $272.03 0733739 Paint, Axle Hubs Paint, Axle Hub to match primary job color $0.00 0733739 Paint, Axle Hubs Paint, Axle Hub to match lower job color $0.00 0007230 Compartment, Painted, Spatter Gray $0.00 0763645 Compartment Paint, 909017, Nightspots, HDR NWI Body $3,298.67 0544111 Reective Band, 10" Color, Reect Band - A white $0.00 0544124 Reective Band, 1"-4"-1" Color, Reect Band - A gold Color, Reect Band - B white Color, Reect Band - C gold $334.25 0007356 Reective across Cab Face $152.72 0510041 Reective across Cab Face, Imp/Vel $152.73 0536955 Stripe, Chevron, Rear, Diamond Grade, Rescue Color, Rear Chevron DG uorescent yellow green $1,146.74 0536955 Stripe, Chevron, Rear, Diamond Grade, Rescue Color, Rear Chevron DG uorescent yellow green $1,146.74  0027341 Jog, In Reective Stripe, Single or Multiple Qty, one (1) $307.76 ≠ ≠   ≠ ≠ ≠ ≠ ≠ ≠   ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 41/44  0679885 Stripe, Sign Gold Outline Above & Below Reective Band Qty, one (1) $2,965.00  0567374 Stripe, Black Outline each Chevron Stripe @ Rear (Not Warranted) $329.83  0087355 Stripe, Reective, 6" Inside Compt Door Color, Reect Band - A black Location each exterior access EMS compt door Qty, two (2) $98.58 0065687 Stripe, Reective, Cab Doors Interior Color, Reective white $208.92 0065687 Stripe, Reective, Cab Doors Interior Color, Reective black $208.92  0679794 Stripe, Reective, Two-Tone Paint Break with Shield, IPO Chrome Molding $364.14  0679826 Stripe, Sign Gold, Side of Cab, Low and Over Fender $776.61 0027286 Not Required, Lettering Specs $0.00 0594559 Lettering Specications, (Sign Gold Process)$0.00 0007472 [Lettering not Requested]$0.00 0685932 Lettering, Sign Gold, 3.00", (41-60) Outline, Lettering outline and shade $1,333.64 0007472 [Lettering not Requested]$0.00 0685932 Lettering, Sign Gold, 3.00", (41-60) Outline, Lettering outline and shade $1,333.64  0679872 Stripe, Sign Gold, Box, Each Individual Compt Qty, Compts Striped,Boxed one (1) $647.37  0679866 Stripe, Sign Gold, Side of Body, Over Fender Only, Single Axle $507.43  0663907 Lettering, Vinyl, 1.50", Each Outline, Lettering no outline or shade Qty, Lettering 11 letters $186.31  0684054 Lettering, Vinyl, 3.00", (1-20) Outline, Lettering outline $362.37  0685732 Lettering, Sign Gold, 14.00", Each Outline, Lettering outline and shade Qty, Lettering four (4) letters $905.30 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 42/44  0685735 Lettering, Sign Gold, 12.00", Each Outline, Lettering outline and shade Qty, Lettering two (2) letters $373.12  0685743 Lettering, Sign Gold, 10.00", (21-40) Outline, Lettering outline and shade $3,696.85  0685745 Lettering, Sign Gold, 10.00", Each Outline, Lettering outline and shade Qty, Lettering ten (10) letters $1,369.14  0685798 Lettering, Sign Gold, 6.00", (1-20) Outline, Lettering outline and shade $1,410.99  0685800 Lettering, Sign Gold, 6.00", Each Outline, Lettering outline and shade Qty, Lettering two (2) letters $141.10  0686018 Lettering, Reective, 5.00", Each Outline, Lettering outline Qty, Lettering eight (8) letters $225.62  0686081 Lettering, Reective, 3.00", (21-40) Outline, Lettering outline $553.01  0017268 Decals, Customer furnished, Pierce installed, Per Pair Qty, one (1) $179.91  0056505 Emblem, "Honoring America's Bravest" w/Helmet, Color Image, Std, Pair Location, Emblem on roll up doors for compartments D1 and P1 Qty, one (1) $397.01  0684183 Emblem, Maltese Cross, Reective, 18"-20", Pair Location, Emblem on the rear roll up door Qty, one (1) $916.17  0684185 Emblem, Maltese Cross, Reective, 12"-14", Pair Location, Emblem on upper part of EMS external door on cab side Qty, one (1) $693.08 ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ ≠ 11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 43/44  0769753 Emblem, American Flag Painted on Cab Grille, All Custom Chassis $1,696.93  0000000 Equipment Allowance $12,000.00 0772003 Manual, Fire Apparatus Parts, USB Flash Drive, Custom Qty, one (1) $252.63 0772003 Manual, Fire Apparatus Parts, USB Flash Drive, Custom Qty, one (1) $252.63 0624037 Manual, Chassis Service, (1) Hard Copy, One (1) USB Flash Drive, Custom $906.47 0772037 Manual, Chassis Service, USB Flash Drive, Custom Qty, one (1) $639.11 0772060 Manual, Chassis Operation, (1) Hard Copy, (1) USB Flash Drive, Custom $41.83 0772065 Manual, Chassis Operation, (2) USB Flash Drives, Custom $0.00 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 $0.00 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 $0.00  0611136 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 $0.00 0696698 Warranty, Engine, Cummins, 5 Year, WA0181 $0.00 0696698 Warranty, Engine, Cummins, 5 Year, WA0181 $0.00 0684952 Warranty, Steering Gear, TRW Ross TAS, 1 Year WA0202 $0.00 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 $0.00 0596017 Warranty, Frame, 50 Year, Custom Chassis, WA0013 $0.00 0595767 Warranty, Frame, 50 Year, Velocity/Impel, WA0038 $0.00 0610471 Warranty, Axle, Eaton/Dana, 5 Year/100,000 Mile, Parts and Labor $0.00 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 $0.00 0610485 Warranty, Axle, Eaton/Dana, 5 Year/100,000 Mile, Parts and Labor $0.00 0733306 Warranty, Single Axle, 5 Year, Meritor, General Service, WA0384 $0.00 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 $0.00 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 $0.00 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 $0.00 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 $0.00 0744240 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 $0.00 0744240 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 $0.00  0524627 Warranty, Electronics, 5 Year, MUX, WA0014 $0.00  0695416 Warranty, Pierce Camera System, WA0188 $0.00 0647720 Warranty, Pierce LED Strip Lights, WA0203 $0.00 0647720 Warranty, Pierce LED Strip Lights, WA0203 $0.00 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 $0.00 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 $0.00 0685945 Warranty, Transmission Cooler, WA0216 $0.00 0685945 Warranty, Transmission Cooler, WA0216 $0.00 0033401 Not Required, Tank Warranty $0.00 0033401 Not Required, Tank Warranty $0.00 0596024 Warranty, Structure, 15 Year, HDR, WA0010 $0.00 0596024 Warranty, Structure, 15 Year, HDR, WA0010 $0.00 0693127 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 $0.00 0690936 Warranty, Roll up Doors, Not Required $0.00 0012599 Warranty, Pump, Not Required $0.00 0012599 Warranty, Pump, Not Required $0.00 0046370 Not Required, Warranty, No Plumbing $0.00 0046370 Not Required, Warranty, No Plumbing $0.00 0641372 Warranty, Foam System, Not Available $0.00 0641372 Warranty, Foam System, Not Available $0.00 ≠ ≠   ≠ ≠   ≠   ≠ ≠ ≠ ≠       ≠ ≠           ≠       11/27/23, 11:06 AM Proposal Comparison | Pulse https://apps.piercemfg.com/Fae.Pulse.Web/Proposal/CompareProposals/118444?compareTo=47975 44/44 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 $0.00 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 $0.00 0593921 Not Required, Warranty, No Lettering $0.00 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 $0.00 0683627 Certication, Vehicle Stability, CD0156 $0.00 0683627 Certication, Vehicle Stability, CD0156 $0.00 0807826 Certication, Engine Installation, Saber FR/Enf, Cummins L9, 2024 $0.00 0808577 Certication, Engine Installation, Velocity, Cummins X15, 2027 $0.00 0686786 Certication, Power Steering, CD0098 $0.00 0686786 Certication, Power Steering, CD0098 $0.00 0631980 Certication, Cab Integrity, Saber FR/Enforcer, CD0130 $0.00 0892701 Certication, Cab Integrity, Impel/Velocity FR, CD0190 $0.00 0631973 Certication, Cab Door Durability, Saber FR/Enforcer, CD0137 $0.00 0548950 Certication, Cab Door Durability, Velocity/Impel, CD0001 $0.00 0631978 Certication, Windshield Wiper Durability, Saber FR/Enforcer, CD0132 $0.00 0548967 Certication, Windshield Wiper Durability, Impel/Velocity, CD0005 $0.00 0556828 Certication, Electric Window, Not Available $0.00 0667411 Certication, Electric Window Durability, Velocity/Impel FR, CD0004 $0.00 0631977 Certication, Seat Belt Anchors and Mounting, Saber FR/Enforcer, CD0134 $0.00 0549273 Certication, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 $0.00 0735949 Certication, Cab HVAC System Performance, SFR/Enf, CD0165/CD0167/CD0174/CD0175 $0.00 0735950 Certication, Cab HVAC System Perf, Vel/Imp FR, CD0166/CD0168/CD0176/CD0177 $0.00 0545073 Amp Draw Report, NFPA Current Edition $0.00 0545073 Amp Draw Report, NFPA Current Edition $0.00 0002758 Amp Draw, NFPA/ULC Radio Allowance $0.00 0002758 Amp Draw, NFPA/ULC Radio Allowance $0.00 0799248 Appleton/Florida BTO $0.00 0799248 Appleton/Florida BTO $0.00 0000031 HDR BODY $0.00 0000031 HDR BODY $0.00 0000012 PIERCE CHASSIS $0.00 0000012 PIERCE CHASSIS $0.00 0004713 ENGINE, OTHER $0.00 0004713 ENGINE, OTHER $0.00 0046395 EVS 3000 Series TRANSMISSION $0.00 0046396 EVS 4000 Series TRANSMISSION $0.00 0020037 NO PUMP $0.00 0020037 NO PUMP $0.00 0020013 NO WATER TANK $0.00 0020013 NO WATER TANK $0.00 0028047 NO FOAM SYSTEM $0.00 0028047 NO FOAM SYSTEM $0.00 0046282 Not Required, Control Panel, No Pump $0.00 0046282 Not Required, Control Panel, No Pump $0.00 0020007 AKRON VALVES $0.00 0020007 AKRON VALVES $0.00 0020015 ABS SYSTEM $0.00 0020015 ABS SYSTEM $0.00 0752883 HDR $0.00 0752883 HDR $0.00   ≠   ≠   ≠ ≠ ≠ ≠ ≠ ≠             ≠               Equipment Proposal Proposal # 780 This Equipment Proposal (the “Proposal”) has been prepared by Ten-8 Fire & Safety, LLC (“Company”) in response to the undersigned Customer’s request for a proposal. This Proposal is comprised of the special terms set forth below, the Proposal Option List, Warranty, and Company’s Purchasing Terms and Conditions. Through its signature below or other Acceptance (as defined below), Customer acknowledges having received, read and being bound by this Proposal, all attachments and Company’s Purchasing Terms and Conditions. Date: November 27, 2023 (“Proposal Date”) Customer: Clearwater Fire Rescue (“Customer”) Customer Address: 1140 Court Street, Clearwater, FL 33756 Qty Product Description & Options Price 1 1 1 1 FSA23-VEF17.0, Fire & Rescue Vehicles, Group: Rescue Apparatus - Heavy, Item: 186 Options Selected per "Proposal Option List #780"(Squad-51) FSA Consortium Fee Manufacturer and Dealer Discount $753,751.00 $1,001,678.28 $12,762.67 ($53,740.00) Total: ** Pricing is subject to change as follows: (a) Commercial chassis price is an estimate; final chassis price will be determined when chassis is delivered by the manufacturer to the original equipment manufacturer (“OEM”). The OEM will notify Company of its final price, and Company will notify Customer of the final price. (b) Persistent Inflationary Environment: If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID: WPUID6112] (“PPI”) has increased at a compounded annual growth rate of 5.0% or more between the month the OEM accepts this order (“Order Month”) and a month 14 months prior to the then predicted “ready for pick up” date (“Evaluation Month”), then Company may update the pricing in an amount equal to the increase in PPI over 5.0% in each year or fractional year between the Order Month and the Evaluation Month. Company will document any such updated price for Customer’s approval, and Company will provide to Customer the option to cancel this Order for 45 days if Customer does not accept the updated price. If Customer accepts or fails to respond within such 45 day period, Customer will be obligated to complete the Product purchase at the updated Total price. $1,714,451.95 Delivery Timing: The Product described above in the Product Description and Options Section of this document will be built by and shipped from the manufacturer approximately 46 (months) after Company receives Customer’s acceptance of this Proposal as defined below, subject to market and production conditions, Force Majeure, delays from the chassis manufacturer, changes to Order Specifications, or any other circumstances or cause beyond Company’s or manufacturer’s control. Other: Unless accepted within 30 days from date of proposal, the right is reserved to withdraw this proposal. Order continues on immediately following page. ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN COMPANY AND CUSTOMER. “ACCEPTANCE” MEANS THAT CUSTOMER DELIVERS TO COMPANY: (A) A PROPOSAL SIGNED BY AN AUTHORIZED REPRESENTATIVE, OR (B) A PURCHASE ORDER INCORPORATING THIS PROPOSAL, WHICH IS DULY APPROVED, TO THE EXTENT APPLICABLE, BY CUSTOMER’S GOVERNING BOARD. ACCEPTANCE OF THIS PROPOSAL IS EXPRESSLY LIMITED TO THE TERMS CONTAINED IN THIS PROPOSAL AND COMPANY’S PURCHASING TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED. INTENDING TO CREATE A BINDING AGREEMENT, Customer and Company have each caused this Proposal to be executed by their duly authorized representatives as of date of the last signature below. Customer: Clearwater Fire Rescue Ten-8 Fire & Safety, LLC By: __________________________________ By: Title: _________________________________ Title: Authorized Sales Representative Print: _________________________________ Print: Dustin Bouwer Date: _________________________________ Date: 11/27/23 EXHIBIT A PROPOSAL OPTION LIST EXHIBIT B WARRANTY EXHIBIT C PURCHASING TERMS AND CONDITIONS PURCHASING TERMS AND CONDITIONS These Purchasing Terms and Conditions, together with the Equipment Proposal and all attachments (collectively, the “Agreement”) are entered into by and between Ten-8 Fire & Safety, LLC, a Florida company (“Company”) and Customer (as defined in Ten-8 Fire & Safety LLC’s Equipment Proposal document) and is effective as of the date specified in Section 3 of these Purchasing Terms and Conditions. Both Company and Customer may be referred throughout this document individually as a “party” or collectively as the “parties.” 1. Definitions. a. “Acceptance” has the same meaning set forth in Company’s Equipment Proposal. b. “Company’s Equipment Proposal” means the Equipment Proposal provided by Company and prepared in response to Customer’s request for proposal for a fire apparatus or associated equipment. c. “Cooperative Purchasing Contract” means an Agreement between Company and a public authority, including without limitation, a department, division, agency of a municipal, county or state government (“Public Authority”), that adopts or participates in an existing agreement between Company and another non- party customer (including, but not limited to such non-party customer’s equipment proposal, its applicable exhibits, attachments and purchasing terms and conditions), often referred to as a “piggyback arrangement,” which is expressly agreed to, in writing, by Company. Company has sole discretion to determine whether it will agree to such a Cooperative Purchasing Contract. d. “Delivery” means when Company delivers physical possession of the Product to Customer. e. “Manufacturer” means the Manufacturer of any Product. f. “Prepayment Discount” means the prepayment discounts, if any, specified in Company’s Equipment Proposal. g. “Product” means the fire apparatus and any associated equipment manufactured or furnished for Customer by Company pursuant to the Specifications. h. “Purchase Price” means the Total price set forth in the Quotation, after applicable pricing adjustments set forth in the Quotation. i. “Purchasing Terms and Conditions” means these Purchasing Terms and Conditions; however, if the Company’s Equipment Proposal or the Customer’s related Purchase Order states that it is governed by a Cooperative Purchasing Agreement, “Purchasing Terms and Conditions” shall mean those terms and conditions set forth in the applicable Cooperative Purchasing Agreement. j. “Specifications” means the general specifications, technical specifications, training, and testing requirements for the Product contained in Company’s Equipment Proposal and its Exhibit A (Proposal Option List), prepared in response to Customer’s request for such a proposal. 2. Purpose. This Agreement sets forth the terms and conditions of Company’s sale of the Product to Customer. 3. Term of Agreement. This Agreement will become effective on the date of Acceptance as defined in Company’s Equipment Proposal (“Effective Date”) and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon Delivery and payment in full of the Purchase Price. 4. Purchase and Payment. Customer agrees to pay Company the Purchase Price for the Product(s). The Purchase Price is in U.S. dollars. Where Customer opts for a Prepayment Discount that specifies that Customer will tender one or more prepayments to Company, Customer must provide each prepayment within the time frame specified in the Equipment Proposal in order to receive the Prepayment Discount for that prepayment installment. To the extent permitted by applicable law, Company may in its sole discretion charge a convenience fee if Customer elects to pay the Purchase Price by means of a credit card. 5. Representations and Warranties. Customer hereby represents and warrants to Company that the purchase of the Product(s) has been approved by Customer in accordance with applicable general laws and, as applicable, Customer’s charter, ordinances and other governing documents, and funding for the purchase has been duly budgeted and appropriated. 6. Cancellation/Termination. In the event this Agreement is cancelled or terminated by Customer, at its convenience, before completion, Company may charge Customer a cancellation fee. The following charge schedule is based on costs incurred by Manufacturer and Company for the Product, which may be applied and charged to Customer: (a) 12% of the Purchase Price after the order for the Product(s) is accepted and entered into Manufacturer’s system by Company; (b) 22% of the Purchase Price after completion of approval drawings by Customer, and; (c) 32% of the Purchase Price upon any material requisition made by the Manufacturer for the Product. The cancellation fee will increase in excess of (c) in this Section 6, accordingly, as additional costs are incurred by Manufacturer and Company as the order progresses through engineering and into the manufacturing process. 7. Delivery. The Product is scheduled to be delivered as specified in the Delivery Timing section of the Equipment Proposal (“Delivery Timing”), which will be F.O.B. Company’s facility. The Delivery Timing is an estimate, and Company is not bound to such date unless it otherwise agrees in writing. Company is not responsible for Delivery delays caused by or as the result of actions, omissions or conduct of the Manufacturer, its employees, affiliates, suppliers, contractors, and carriers. All right, title and interest in and to the Product, and risk of loss, shall pass to Customer upon Delivery of the Product(s) to Customer. 8. Standard Warranty. The manufacturer warranties applicable to this Agreement, if any, are attached to Company’s Equipment Proposal as Exhibit A and are incorporated herein as part of the Agreement. a. Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, COMPANY, INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. 9. Limitation of Liability. COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE BASED. COMPANY’S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT. 10. Force Majeure. Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Company’s control or which make Company’s performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, transportation or delivery delays or losses outside of Company’s control, any act of government, inability or delay of Company or manufacture in obtaining necessary labor or adequate or suitable manufacturing components at reasonable prices, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy, terrorism, epidemics, quarantine restrictions, failure of vendors to perform their contracts or labor troubles of Company or a manufacturer causing cessation, slowdown, or interruption of work. 11. Customer’s Obligations. Customer shall provide its timely and best efforts to cooperate with Company and Manufacturer during the manufacturing process to create the Product. Reasonable and timely cooperation includes, without limitation, Customer’s providing timely information in response to a request from Manufacturer or Company and Customer’s participation in traveling to Manufacturer’s facility for inspections and approval of the Product. 12. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a) Customer’s failure to pay any amounts due under this Agreement or Customer’s failure to perform any of its obligations under this Agreement; (b) Company’s failure to perform any of its obligations under this Agreement; (c) either party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement, which is false in any material respect; (e) an action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity; or (f) a default or breach by Customer under any other contract or agreement with Company. 13. Manufacturer’s Statement of Origin. Company shall retain possession of the manufacturer’s statement of origin (“MSO”) for the Product until the entire Purchase Price has been paid. If more than one Product is covered by this Agreement, Company shall retain the MSO for each individual Product until the Purchase Price for that Product has been paid in full. 14. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton, Florida. 15. Miscellaneous. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner, employee, agent, or joint venture of or with the other. Neither party may assign its rights and obligations under this Agreement without the prior written approval of the other party. This Agreement and all transactions between Ten-8 Fire & Safety, LLC will be governed by and construed in accordance with the laws of the State of Florida. The delivery of signatures to this Agreement may be via facsimile transmission or other electronic means and shall be binding as original signatures. This Agreement shall constitute the entire agreement and supersede any prior agreement between the parties concerning the subject matter of this Agreement. This Agreement may only be modified by an amendment, in writing, signed by duly authorized representatives of both parties with authority to sign such amendments to this Agreement. In the event of a conflict between the Ten-8 Proposal and these Terms and Conditions, the Ten-8 Proposal shall control except in the case of a Cooperative Purchasing Contract as set forth in Section 1(c) and (i) of these Purchasing Terms and Conditions. If any term of this Agreement is determined to be invalid or unenforceable by a competent legal authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will remain in full force and effect. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1536 Agenda Date: 12/19/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after February 1, 2024 and pass Ordinance 9739-23 on first reading. SUMMARY: Raftelis has completed a Natural Gas Rate Study for the Clearwater Gas System (CGS). The Study includes a projection of CGS’ financial position through fiscal year 2028 and a cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served. Based on the results of the Study, CGS’ current revenues are adequate to fund the test year revenue requirements through fiscal year 2025 and do not recommend increasing at this time. However, Raftelis has recommended cost allocations adjustments within the existing rate riders. Key recommendations in the study and ordinance are: ·Shift the cost of the annual Dividend transfer payment, in the amount of $1.7 million, from the Purchased Gas Adjustment (PGA), Energy Conservation Adjustment (ECA) and Regulatory Imposition Adjustment (RIA) to the Non-Fuel energy charge (NFE). Historically the PGA, ECA and RIA have recovered the costs of the Dividend payment. Raftelis has recommend this move to the NFE rate class, equating to seven cents per therm. o Decrease PGA approximately 5.6 cents per therm and increase NFE by same o Decrease ECA approximately 0.8 cents per therm and increase NFE by same o Decrease RIA approximately 0.6 cents per therm and increase NFE by same ·Reset the Usage and Inflation (UIA) rate rider to zero cents per therm and move these costs to the NFE rate, resulting in an increase of five cents per therm. ·Overall, this results in a 12 cent per therm increase to the NFE rate and a collective decrease of 12 cents per therm across the above rate riders. ·Make certain wording clarifications in the ordinances to better reflect operating policies and responsibilities. ·Changes to the Miscellaneous Gas Charges to increase revenue on retail service functions (i.e., Appliance Repair, Installation of pipe, meter relocations, etc…) ·No changes to the Propane rates CGS will engage a consultant in FY26 to review the rates and decide how to fund future fiscal years to maintain the minimum 180-day reserve requirement throughout the five-year forecast period. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1536 USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: This agenda item supports the City of Clearwater Strategic Plan, High Performing Government, section #1.1,1.2 and 1.4. Page 2 City of Clearwater Printed on 12/14/2023 Natural Gas Rate Study December 1, 2023 CITY OF Clearwater December 1, 2023 Mr. Jay Ravins Finance Director City of Clearwater 100 South Myrtle Ave. Clearwater, FL 33756 Subject: Natural Gas Rate Study Dear Mr. Ravins, Raftelis Financial Consultants, Inc. (Raftelis) is pleased to provide this Natural Gas Rate Study Report (Report) for the City of Clearwater (City) to address the needs facing the City’s natural gas utility. The major objectives of the study include the following: » Evaluate the adequacy of existing rate revenues to support the continued financial sustainability of the natural gas utility. » Determine the cost of serving each customer class in accordance with each class’s use of the natural gas system. » Recommend rate revenue adjustments to better align the cost of serving each class with the revenues generated by that class. » Recommend rate structure adjustments to better align the City’s rate structure with industry best practices for natural gas utility rates. The Report summarizes our key findings and recommendations. It has been a pleasure working with you, and we thank you and City staff for the support provided during the course of this study. Sincerely, Bart Kreps Vice President CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT Table of Contents 1. EXECUTIVE SUMMARY ............................................................ 1 1.1. INTRODUCTION ..................................................................................... 1 1.2. FINANCIAL PLAN .................................................................................. 1 1.3. COST OF SERVICE ANALYSIS ............................................................. 2 1.4. RATE DESIGN ........................................................................................ 3 2. FINANCIAL PLAN ...................................................................... 7 2.1. FINANCIAL PLANNING METRICS & PROCESS ................................... 7 2.2. PROJECTED REVENUES ...................................................................... 8 2.2.1. Existing Rates/Structure ............................................................................................8 2.2.2. Account Growth and usage forecast ...................................................................... 10 2.2.3. Projected Revenues Under Existing Rates ............................................................ 13 2.3. PROJECTED REVENUE REQUIREMENTS ......................................... 13 2.3.1. Operating Expenses ................................................................................................. 13 2.3.2. Capital Expenditures ................................................................................................ 14 2.3.3. Dividend to City of Clearwater ................................................................................ 16 2.3.4. Cash Flow Forecast ................................................................................................. 16 3. COST OF SERVICE ANALYSIS .............................................. 19 3.1. PROCESS ............................................................................................. 19 3.2. ALLOCATION OF COSTS TO COST DRIVERS .................................. 19 3.3. DETERMINATION OF UNITS OF SERVICE ......................................... 23 3.4. DISTRIBUTION OF COSTS TO CUSTOMER CLASSES ..................... 23 4. RATE DESIGN ......................................................................... 25 4.1. RATE RECOMMENDATIONS .............................................................. 25 4.1.1. PGA ........................................................................................................................... 25 4.1.2. Riders ........................................................................................................................ 25 4.1.3. Market Based Rates ................................................................................................. 26 CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT 4.1.4. Base Rates ................................................................................................................ 26 4.1.5. Rate Comparison to Neighboring Utilities ............................................................. 28 4.2. BILL IMPACTS ..................................................................................... 28 Report Tables Table 1 – Existing and Proposed Base Rates ................................................................................................. 5 Table 2 – Monthly Bill Impacts .......................................................................................................................... 6 Table 3 – Existing Base Rates ........................................................................................................................... 9 Table 4 – Historical and Projected Customer Account Growth .................................................................. 11 Table 5 – Historical and Projected Customer Usage (Therms) ................................................................... 12 Table 6 – Revenue Under Existing Rates....................................................................................................... 13 Table 7 – Forecast Operating Expenses ........................................................................................................ 14 Table 8 – Annual Debt Service ........................................................................................................................ 15 Table 9 – Capital Improvements Plan ............................................................................................................. 16 Table 10 - Cash Flow Forecast ........................................................................................................................ 17 Table 11 – Pro-forma Income Statement ........................................................................................................ 18 Table 12 – Return on Equity/Rate Base Calculation ..................................................................................... 18 Table 13 – Revenue Requirement Allocation to Cost Drivers (%) .............................................................. 21 Table 14 – Revenue Requirement Allocation to Cost Drivers ($) ................................................................ 22 Table 15 – Development of Distribution Factors .......................................................................................... 23 Table 16 – Distribution of Costs to Customer Classes ................................................................................ 24 Table 17 – Comparison of Cost of Service to Revenue Under Existing Rates .......................................... 24 Table 18 – Existing and Proposed Base Rates ............................................................................................. 27 Table 19 – Rate Comparison to Neighboring Utilities .................................................................................. 28 Table 20 – Monthly Bill Impact ........................................................................................................................ 29 Table 20 – Annual Cost Comparison CGS Gas Service vs. Electric Service ............................................. 29 Report Figures Figure 1 – CGS Cash Flow Forecast ................................................................................................................ 2 Figure 2 – Class Cost of Service vs. Current Revenues ................................................................................ 3 Figure 4 – Current Revenues and Cost of Service ....................................................................................... 24 CITY OF CLEARWATER NATURAL GAS RATE STUDY REPORT This page intentionally left blank to facilitate two-sided printing. NATURAL GAS RATE STUDY REPORT 1 1. Executive Summary 1.1. Introduction The City of Clearwater, Florida, (the City) owns and operates the Clearwater Gas System (CGS), which serves approximately 30,900 customers in Pinellas and Pasco Counties. The City engaged Raftelis Financial Consultants, Inc. (Raftelis) to conduct a comprehensive financial planning, cost of service and rate design study. Raftelis worked closely with City staff to develop an understanding of the financial and operational characteristics of the CGS system in order to develop appropriate assumptions and reasonable allocations. The primary outcomes of this study are rate recommendations which sustainably fund CGS operations, reasonably align cost recovery (i.e., what CGS charges customers) with cost incurrence (i.e., how those customers use the CGS system) and improve alignment with industry best practices for natural gas ratemaking. Developing these recommendations involves the following 3 steps: 1. Establish the overall level of revenue needed to fund CGS operations in a financially sustainable manner (Financial Plan) 2. Determine the cost of serving each customer class in accordance with each class’s use of the gas system (Cost of Service Analysis) 3. Calculate rate adjustments to better align the cost of serving each class with the revenues generated by that class and improve alignment with industry best practices (Rate Design). 1.2. Financial Plan Process The financial plan conducted for this study evaluated whether CGS’s existing revenue levels were appropriate, given projected operating and capital expenditures and defined financial performance metrics. This evaluation involved detailed projections of revenues and expenditures based on CGS’s customer billing data, budget, capital improvement plan and actual historical financial performance. Appropriateness for the purposes of this study was measured in terms of reserve levels, debt service coverage ratios, return on rate base and return on equity. CGS’s rate structure consists of three distinct groups of charges: a purchased gas adjustment (PGA) rate, rate riders and base rates. The PGA rate is the mechanism by which CGS recovers the cost of natural gas it purchases and distributes to customers. Rate riders include the Energy Conservation Adjustment (ECA), the usage and inflation adjustment (UIA) and the regulatory imposition adjustment (RIA). The ECA is designed to recover costs associated with energy conservation and demand management. The UIA is designed to mitigate operational and financial risk associated with fluctuations in demand and inflationary cost increases. The RIA is designed to recover the cost of regulatory imposed programs. The final component of CGS’s rate structure are the base rates (customer charge and commodity charge), which effectively recovers the cost of distributing natural gas to customers. Raftelis worked with City staff to develop a projection of future account and customer growth. These demand projections were used to calculate revenues based on CGS’s existing rate structure for comparison with projected operating and capital expenditures over a five-year forecast period. The sufficiency of projected revenues was then assessed based on established financial metrics targeting liquidity, debt management, and rate of return. 2 CITY OF CLEARWATER Findings and Recommendations Existing CGS revenues are lower than projected operating and capital expenses. However, given CGS’s strong liquidity position, the need for incremental revenue from an increase to base rates can be delayed until FY 2026, based on several key assumptions that will be outlined in this report. At this point, Raftelis projects a 10.0% rate adjustment to the base rates in FY 2026 and FY 2028. Figure 1 illustrates the financial plan over the forecast period with the projected rate adjustments to the base rates. Figure 1 – CGS Cash Flow Forecast 1.3. Cost of Service Analysis Process While the financial plan determines the overall level of rate revenue necessary to support the gas system, the cost of service analysis determines what proportion of that overall requirement should be recovered from each of the City’s customer classes. The driving principle of a cost of service analysis is to allocate costs to users in proportion to their use of the gas system. For this study, costs were broken down between commodity related costs (the cost of meeting annual system requirements), capacity related costs (the cost of meeting peak demand), customer related costs (the cost of connecting and serving individual customers) and direct costs (costs related to specific cost centers and rate riders). A cost of service analysis is performed using projected annual costs for a specific future year, referred to as a “test year.” For this study, the City’s fiscal year ending September 30, 2024 (FY 2024) is the test year. Findings and Recommendations Historically, the PGA and rate riders had recovered their direct costs as well as other operating costs including a portion of the dividend to the City of Clearwater. We recommend shifting these dividend costs out of the PGA and NATURAL GAS RATE STUDY REPORT 3 riders and into the base rates because they relate to providing service to CGS customers more generally, rather than being specifically related to either the purchase of natural gas or the activities covered by the riders. This shift in costs would improve the alignment between the intent of the PGA and rate riders and the costs which are recovered by them. The cost of service analysis also continues to show that the residential and commercial classes may need rate adjustments to cover their costs of service. Current residential revenues are not sufficient to cover the costs allocated to the class. This under recovery of costs by the residential class is offset by an over recovery by commercial classes. Figure 2 presents a comparison of customer class revenues under current base rates versus the results of the cost of service analysis. Given the current variance between revenue generation and cost of service, we recommend CGS consider a gradual movement towards cost of service in the future. Figure 2 – Class Cost of Service vs. Current Revenues 1.4. Rate Design Process The objective of rate design is to reasonably and fairly set rates to recover the net revenue requirement in a manner aligned with utility pricing objectives and industry practices. Although recovering the revenue requirement is the ultimate goal, rates must be reasonable and remain competitive with neighboring utilities. In the case of CGS, it is more prudent to establish a directional goal of achieving cost of service over time by implementing incremental shifts towards customer class parity while remaining competitive with neighboring utilities and fuel alternatives. Findings and Recommendations As described in further detail in Sections 3 and 4, we recommend that the City shift the dividend costs out of the PGA and rate riders and into the base rates, where they are more appropriately recovered. The following summarizes our recommendations. Purchased Gas Adjustment The PGA is reviewed by CGS monthly and adjusted periodically based on actual and projected gas supply costs, other applicable expenses, and projected demand. As such, Raftelis does not recommend a specific PGA rate as part of this study. However, we do recommend the following modification to the calculation methodology: all dividend 60%71% 40%29% Current Cost of Service Residential Commercial 4 CITY OF CLEARWATER costs recovered in the PGA should be shifted for recovery in base rates via the commodity charge. The decrease to the actual PGA rate should be $0.057 per therm, which is equivalent to the increase embedded in base rates as described below. Riders Similar to the PGA, Raftelis recommends that all divided costs recovered in the ECA and RIA should be shifted for recovery in base rates via the commodity charge. The decrease in the actual ECA rate should be $0.008 per therm and the decrease in the RIA should be $0.006 per therm. The UIA should reset to $0.00 at the beginning of FY 2024, with cost recovery shifted by $0.049 per therm to base rates as described below. It should be noted it is recommended the shift in cost recovery of the UIA is shared equally between residential and commercial customers. This will result in a slight increase in cost recovery from residential customers and a slight decrease in cost recovery from commercial customers. Directionally, this change aligns with the cost of service analysis which suggests costs should be shifted from commercial to residential over time. Base Rates Our recommendation is that the current commodity charge for residential customers be increased from $0.44 per therm to $0.56 per therm. The customer charge for residential should remain the same. Non-residential customers should also see an increase in their commodity charge of $0.12 per therm as shown in Table 1 below, while their customer charge stays the same. We also recommend that Central Pasco customers continue to pay the Pasco Surcharge in addition to the customer charge monthly. The Pasco Surcharge results in an additional $8.00 for single- family, $15.00 for small commercial, $40.00 for medium commercial, $65.00 for large commercial, and $150 for interruptible monthly. Tables 1 and 2 present the proposed base rates and customer bill impacts, respectively. Note that all customers will see a decrease based on an anticipated reduction in the PGA related to reduced gas commodity prices. This change is independent of the recommendations above but is included to show a complete picture of how average customer bills will change. The decrease for commercial is greater than for residential due to the directional shift between commercial and residential customers described above. NATURAL GAS RATE STUDY REPORT 5 Table 1 – Existing and Proposed Base Rates Pinellas & West Pasco Central Pasco Pinellas & West Pasco Central Pasco Residential Service (RS) Customer Charge Month 16.00$ 24.00$ 16.00$ 24.00$ Commodity Charge(1)Therm 0.44$ 0.44$ 0.56$ 0.56$ Small Multi-Family Residential Service (SMF) Customer Charge Month 25.00$ 40.00$ 25.00$ 40.00$ Commodity Charge(1)Therm 0.44$ 0.44$ 0.56$ 0.56$ Medium Multi-Family Residential Service (MMF) Customer Charge Month 40.00$ 70.00$ 40.00$ 70.00$ Commodity Charge(1)Therm 0.44$ 0.44$ 0.56$ 0.56$ Large Multi-Family Residential Service (LMF) Customer Charge Month 95.00$ 160.00$ 95.00$ 160.00$ Commodity Charge(1)Therm 0.44$ 0.44$ 0.56$ 0.56$ Small General Service (SGS) Customer Charge Month 25.00$ 40.00$ 25.00$ 40.00$ Commodity Charge(1)Therm 0.38$ 0.38$ 0.50$ 0.50$ Medium General Service (MGS) Customer Charge Month 40.00$ 70.00$ 40.00$ 70.00$ Commodity Charge(1)Therm 0.34$ 0.34$ 0.46$ 0.46$ Large General Service (LGS) Customer Charge Month 95.00$ 160.00$ 95.00$ 160.00$ Commodity Charge(1)Therm 0.30$ 0.30$ 0.42$ 0.42$ Interruptible Service (IS) Customer Charge Month 250.00$ 400.00$ 250.00$ 400.00$ Commodity Charge(1)Therm 0.24$ 0.24$ 0.28$ 0.28$ (1) Increase to be accompanied by a reduction in the PGA, ECA, RIA and UIA Customer Class Per Existing Proposed 6 CITY OF CLEARWATER Table 2 – Monthly Bill Impacts Customer Class Existing Bill (1)Proposed Bill (2)$ Change % Change Residential Service (RS) - Summer 29.00$ 28.79$ (0.21)$ -1% Residential Service (RS) - Winter 55.00$ 54.36$ (0.64)$ -1% Small Multi-Family Residential Service (SMF)90.00$ 88.93$ (1.07)$ -1% Medium Multi-Family Residential Service (MMF)3,420.00$ 3,364.35$ (55.65)$ -2% Large Multi-Family Residential Service (LMF)420.00$ 414.65$ (5.35)$ -1% Small General Service (SGS)478.82$ 451.51$ (27.31)$ -6% Medium General Service (MGS)3,181.59$ 2,986.49$ (195.09)$ -6% Large General Service (LGS)13,477.98$ 12,619.57$ (858.40)$ -6% (1) Based on current PGA of $0.69 (2) Based on reduction PGA, ECA and RIA to reflect dividend shift and reduction in PGA based on projected gas cost NATURAL GAS RATE STUDY REPORT 7 2. Financial Plan 2.1. Financial Planning Metrics & Process The financial plan establishes the overall level of revenue required to fund ongoing operations and capital repair, replacements, and improvements in a financially sustainable manner. This involves three steps: 1. A forecast of revenue under existing rates, which forms the baseline against which any adjustment of revenues can be considered. 2. A forecast of operation and maintenance (O&M) expenses and capital expenditures. 3. A detailed cash flow forecast which compares revenues and expenses and evaluates the appropriateness of existing revenues through the context of defined financial metrics. The specific financial metrics used in this study include days O&M expenses, debt service coverage, return on rate base, and return on equity. Days O&M Expenses is a measure of the ability of the utility to deal with unanticipated declines in revenue, emergency expenditures, or general working capital needs without reducing service quality or dramatically increasing rates. The City’s adopted policy for unrestricted utility fund balances (working capital reserves) requires at least six months, or 180 days, O&M expenses. While the number of days a utility will seek to maintain will vary by utility, we typically recommend a minimum of 180 days, which is consistent with City policy. This can be used for working capital (timing differences in revenues and expenditures), temporary revenue shortfalls, or emergency capital repairs. For the purpose of this study, the days O&M expenses calculation includes both O&M expenses and debt service (existing and proposed). Gas cost is excluded as this is a pass-through expense with a separate recovery mechanism (i.e., the PGA). Debt Service Coverage Ratios are a measure of how much current revenues exceed current debt service obligations, after operating expenses have been funded. A ratio above 1 indicates that current net revenues (operating revenues less expenses) are sufficient to meet current debt service obligations with additional free cash flow for capital investment and/or contributions to reserves. A ratio of less than 1 would mean that the utility does not have sufficient current revenues to cover operating expenses and meet debt service payment obligations. Coverage requirements vary by the type of debt issued and bond covenants, as well as an individual utility’s goals for credit ratings. For the purpose of this study, the financial plan developed for the City is based on maintaining a coverage ratio of at least 1.50 times. Return on Rate Base is the measurement of operating profit on investments in assets. It is calculated by dividing operating income (before allowance for dividends and interest on long-term debt) by rate base, or the value of assets less accumulated depreciation (net utility plant). Return on rate base is a common financial metric used by public service commissions when assessing the reasonableness of regulated natural gas utility rates. Return on Equity (ROE) is a subset of return on rate base and measures the profit available for equity holders after creditors have been paid. It is calculated by dividing operating income (after interest on long-term debt) by equity. ROE is also a common financial metric used by public service commissions when assessing the reasonableness of regulated natural gas utility rates; however, a reasonable ROE will differ by utility depending on its capital structure. These various metrics provide a framework to help determine the necessity for revenue adjustments. 8 CITY OF CLEARWATER 2.2. Projected Revenues 2.2.1. EXISTING RATES/STRUCTURE CGS provides natural gas and propane services to residential, commercial and industrial customers in Pinellas and Pasco Counties. CGS’s rate structure consists of three distinct groups of charges: a purchased gas adjustment rate, rate riders and base rates. The purchased gas adjustment (PGA) rate is the mechanism by which CGS recovers the cost of natural gas and propane it purchases to distribute to customers. Purchased gas and propane expenses can fluctuate significantly due to changes in market prices and weather conditions. The cost of these commodity purchases is passed on to CGS customers through the PGA. The PGA is reviewed monthly and adjusted periodically based on actual and projected gas and propane supply costs, all other applicable expenses, and projected demand. Per the City’s ordinance, the adjustment of the PGA to reflect the over or under recovery of costs is made at the discretion of the City Manager or designee. CGS employs different PGA rates for different classes of customers depending on the cost to purchase gas on their behalf, which varies based on service arrangements and location. Most CGS customers pay the firm PGA rate. Interruptible customers pay a reduced PGA, which excludes demand related charges because CGS can interrupt service to these customers during times of peak demand. CGS also employs contract rates for certain customers in situations where the firm rate would not be competitive with other providers. Finally, customers in central Pasco County (generally east of Suncoast Parkway), pay an additional surcharge which reflects the incremental cost of gas purchased to serve them. CGS also has multiple rate riders designed to recover certain costs or mitigate operational risk. Specifically, CGS’ rate structure includes an Energy Conservation Adjustment (ECA), a Usage and Inflation Adjustment (UIA), and a Regulatory Imposition Adjustment (RIA). The Energy Conservation Adjustment (ECA) is designed to recover costs associated with energy conservation and demand management including rebates and incentive programs. The ECA is applicable to all firm natural gas and propane customers. The ECA is reviewed monthly and adjusted periodically based on actual and projected energy conservation program costs and projected demand. The adjustment to the ECA to reflect the over or under recovery of costs is made at the discretion of the City Manager or designee. The Usage and Inflation Adjustment (UIA) is designed to mitigate operational and financial risks associated with fluctuations in demand and inflationary cost increases. The UIA is applicable to all firm natural gas and propane customers. The UIA may be implemented at the discretion of the City Manager or designee based on variations in estimated use per customer and inflationary assumptions identified in this rate study. The UIA forecasted revenues are based on August 2023 CPI of 298.9751 and an assumed increase of around 3.0% annually. The Regulatory Imposition Adjustment (RIA) is designed to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements. The RIA is appliable to all firm natural and propane customers. The RIA is reviewed periodically and adjusted to reflect the over or under recovery of costs at the discretion of the City Manager or designee. 1 Consumer Price Index all items in South urban, all urban customers, not seasonally adjusted. NATURAL GAS RATE STUDY REPORT 9 The final component of CGS’s rate structure are the base rates. The primary2 customer classes served under the base rates fall into the categories indicated in Table 3. The size distinction (small, medium, large) is based on the average annual throughput of the customer. As noted above, the PGA rate is the mechanism by which the purchase of gas is recovered. The rate riders are intended to isolate the recovery of specifically defined costs in order to mitigate operational risk. Base rates, by contrast, are intended to recover CGS’s cost of distributing natural gas to customers after PGA and rider specific costs have been excluded. In other words, while the PGA and rider related costs are specifically defined, the costs recovered by the base rates are driven by demands placed on the CGS system by customers, which drive the design and operation of that system. Therefore, it is appropriate to design the base rates around each customer class’s proportionate contribution to these demands. Accordingly, the base rates are one of the focuses of the cost of service analysis in Section 3. Table 3 – Existing Base Rates 2 In addition to the rates shown above, CGS employs a variety of market based rates including propane rates, natural gas vehicle sales, and contract rates. Customers served under the market based rates have alternatives to CGS service. Accordingly, CGS sets these rates to be competitive with other providers. Customer Class Per Pinellas & West Pasco Central Pasco Residential Service (RS) Customer Charge Month 16.00$ 24.00$ Commodity Charge Therm 0.44$ 0.44$ Small Multi-Family Residential Service (SMF) Customer Charge Month 25.00$ 40.00$ Commodity Charge Therm 0.44$ 0.44$ Medium Multi-Family Residential Service (MMF) Customer Charge Month 40.00$ 70.00$ Commodity Charge Therm 0.44$ 0.44$ Large Multi-Family Residential Service (LMF) Customer Charge Month 95.00$ 160.00$ Commodity Charge Therm 0.44$ 0.44$ Small General Service (SGS) Customer Charge Month 25.00$ 40.00$ Commodity Charge Therm 0.38$ 0.38$ Medium General Service (MGS) Customer Charge Month 40.00$ 70.00$ Commodity Charge Therm 0.34$ 0.34$ Large General Service (LGS) Customer Charge Month 95.00$ 160.00$ Commodity Charge Therm 0.30$ 0.30$ Interruptible Service (IS) Customer Charge Month 250.00$ 400.00$ Commodity Charge Therm 0.24$ 0.24$ 10 CITY OF CLEARWATER 2.2.2. ACCOUNT GROWTH AND USAGE FORECAST To forecast revenue under existing rates, Raftelis worked with City staff to develop projections of future account growth and customer usage. Customer account growth is influenced by development within the CGS service area as well as customer conversion to natural gas from propane and electric service. Over the past decade, the City has experienced a consistent increase in natural gas customers that has expanded more rapidly over the past several years. The expansion of the system has, and continues to be, a priority identified in the City’s strategic plan. Specifically, the City’s strategic plan targets a net addition of approximately 2,000 accounts annually. Although current indications suggest continued robust levels of account growth, through discussion with City staff, it was determined that account growth assumed within the financial plan should be based on a reasonable level of conservatism. As such, the financial plan projects growth of approximately 1,300 – 1,600 accounts annually, which is less than the City’s target, but similar to the trend over the past several years. Table 4 presents the historical and projected account growth by customer class. Baseline natural gas usage needs to be normalized due to fluctuations in usage arising from weather. Typically, to normalize usage, a regression analysis is performed to assess the correlation between usage and heating degree-days, particularly for weather sensitive customer classes (e.g. residential and small commercial). The correlation can then be used to project usage based on normal or expected heating degree-days, which are based on a historical average. This leads to a normalized usage-per account. Due to the absence of significant seasonal variability in the CGS’s service area, a full weather normalization analysis was not performed, and a multi-year average of usage-per-account was used for each customer class instead. The financial plan assumes the calculated usage-per-account remains constant over the forecast period for all customer classes. Any lost revenue from future decline in usage-per-account, or any usage below the forecast, can be recovered through the UIA. For the purpose of this study, normalized usage per account for firm natural gas single-family residential customers and commercial customers was 195 therms and 5,501 therms, respectively. Table 5 presents historical and projected usage. NATURAL GAS RATE STUDY REPORT 11 Table 4 – Historical and Projected Customer Account Growth Description FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Natural Gas Service Residential Service 21,053 22,844 24,571 26,117 27,533 29,042 30,295 31,605 32,974 34,406 Small Multi-Family Residential Service 102 103 102 101 101 101 101 101 101 101 Medium Multi-Family Residential Service 2 2 2 2 2 2 2 2 2 2 Large Multi-Family Residential Service 1 1 1 1 1 1 1 1 1 1 Small General Service 2,105 2,149 2,197 2,234 2,293 2,354 2,416 2,480 2,546 2,614 Medium General Service 120 120 102 110 113 116 119 122 125 128 Large General Service 5 3 3 2 2 2 2 2 2 2 Residential Air Conditioning - - - - - - - - - - General Air Conditioning 1 1 - - - - - - - - Large Air Conditioning - - - - - - - - - - Street Lighting - No Maint 1 1 1 1 1 1 1 1 1 1 Street Lighting - Maint - - - - - - - - - - Natural Gas Vehicle Service 1 2 2 2 2 2 2 2 2 2 Natural Gas Generator/Standby 43 47 53 57 58 60 62 63 65 67 Interruptible Service - Standard 6 6 6 6 6 6 6 6 6 6 Interruptible Service - Contract 10 12 12 13 13 13 13 13 13 13 Contract Gas Service - Small 145 145 152 139 139 139 139 139 139 139 Contract Gas Service - Medium 24 27 26 22 22 22 22 22 22 22 Contract Gas Service - Large 3 3 3 3 3 3 3 3 3 3 Contract Transportation Service - - - - - - - - - - 1 ---------- Subtotal: Natural Gas Service 23,622 25,466 27,233 28,810 30,290 31,864 33,184 34,562 36,002 37,507 Propane Gas Service 1,928 1,950 1,986 2,016 2,016 2,016 2,016 2,016 2,016 2,016 1 ---------- Grand Total 25,550 27,416 29,219 30,826 32,306 33,880 35,200 36,578 38,018 39,523 Annual Change - %7.3%6.6%5.5%4.8%4.9%3.9%3.9%3.9%4.0% Annual Change - Accounts 1,866 1,803 1,607 1,480 1,574 1,320 1,379 1,440 1,504 12 CITY OF CLEARWATER Table 5 – Historical and Projected Customer Usage (Therms) Description FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Natural Gas Service Residential Service 3,802,055 4,222,259 4,842,636 5,001,552 5,253,271 5,546,923 5,788,713 6,041,587 6,306,075 6,582,738 Small Multi-Family Residential Service 68,514 72,679 70,340 69,054 69,239 69,239 69,239 69,239 69,239 69,239 Medium Multi-Family Residential Service 65,319 54,259 64,580 61,721 62,191 62,191 62,191 62,191 62,191 62,191 Large Multi-Family Residential Service 136 165 148 115 139 139 139 139 139 139 Small General Service 8,190,362 7,472,379 8,313,028 8,384,057 8,674,371 8,907,858 9,147,764 9,394,270 9,647,561 9,907,831 Medium General Service 2,946,760 2,814,489 2,686,618 2,879,491 2,853,356 2,928,446 3,005,545 3,084,708 3,165,990 3,249,451 Large General Service 673,888 487,101 390,508 380,322 307,589 315,278 323,160 331,239 339,520 348,008 Residential Air Conditioning - - 971 - - - - - - - General Air Conditioning 20,907 16,953 4,516 - - - - - - - Large Air Conditioning - - - - - - - - - - Street Lighting - No Maint - - - (8,006) - - - - - - Street Lighting - Maint - - - - - - - - - - Natural Gas Vehicle Service 543,853 638,561 659,655 656,976 906,027 906,027 906,027 906,027 906,027 906,027 Natural Gas Generator/Standby 7,396 6,443 10,040 16,229 13,139 13,469 13,806 14,153 14,507 14,871 Interruptible Service - Standard 1,052,482 1,117,805 1,118,250 1,120,675 1,078,712 1,078,712 1,078,712 1,078,712 1,078,712 1,078,712 Interruptible Service - Contract 5,124,827 6,326,276 6,398,475 6,116,619 6,033,828 6,033,828 6,033,828 6,033,828 6,033,828 6,033,828 Contract Gas Service - Small 732,819 660,694 775,996 664,425 682,320 682,320 682,320 682,320 682,320 682,320 Contract Gas Service - Medium 818,484 758,216 798,656 736,321 682,866 682,866 682,866 682,866 682,866 682,866 Contract Gas Service - Large 412,070 394,182 447,059 407,063 409,609 409,609 409,609 409,609 409,609 409,609 Contract Transportation Service - - - - - - - - - - 1 ---------- Subtotal: Natural Gas Service 24,459,872 25,042,462 26,581,476 26,486,612 27,026,656 27,636,904 28,203,918 28,790,885 29,398,584 30,027,829 Propane Gas Service 391,812 363,491 426,873 431,448 403,178 403,178 403,178 403,178 403,178 403,178 1 ---------- Grand Total 24,851,685 25,405,953 27,008,349 26,918,060 27,429,833 28,040,082 28,607,096 29,194,063 29,801,762 30,431,006 Annual Change - %2.2%6.3%-0.3%1.9%2.2%2.0%2.1%2.1%2.1% Annual Change - Usage 554,268 1,602,397 (90,289) 511,773 610,248 567,015 586,967 607,699 629,244 NATURAL GAS RATE STUDY REPORT 13 2.2.3. PROJECTED REVENUES UNDER EXISTING RATES Given the growth in accounts and usage over the forecast period and projected increase in base rates in both FY 2026 and FY 2028, both fixed and variable revenues are projected to increase. Table 6 shows projected revenue based on existing rates over the forecast period. In addition to natural gas sales, there are other ancillary sources of revenue from propane sales, gas service charges, appliance sales, installation charges, material charges, inspection fees, late payment fees, franchise fees, and gross receipts tax collection. In our projection, we assume that revenues collected for franchise fees, gross receipts taxes, and revenues from the riders are equal to the expenses incurred. Table 6 – Revenue Under Existing Rates 2.3. Projected Revenue Requirements 2.3.1. OPERATING EXPENSES The basis for the operating expense forecast is CGS’s FY 2023 budget. Based on a review of historical actual performance, and through discussions with CGS staff, we reduced the budget to 97% of the approved amounts to align with an expected budget execution rate. We then applied escalation factors each year to reflect anticipated inflation over the forecast period. As described above, CGS currently has a UIA rate which is designed to capture any inflation that occurs over time. The rate recommendations presented in this report assume that the UIA will be shifted to base rates, re-set to $0.00 and adjusted as needed to capture changes in inflation. Table 7 shows a summary of CGS’s forecast operating expenses. These expenses fall into 4 broad categories: PGA specific, Rider specific, Non- Fuel expenses, and Taxes. PGA specific costs include the cost of purchasing gas for customers as well as a portion of other operating costs including administrative costs and a portion of the dividend to the City of Clearwater. As described in further detail in Sections 3 and 4, we recommend that the City shift the dividend out of the PGA and into the base rates, where it is more appropriately recovered. Description FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Rate Revenue Non-Fuel Energy (NFE) Revenue Natural Gas NFE Revenue 15,630,342$ 16,118,333$ 18,087,632$ 18,668,454$ 20,998,941$ Propane NFE Revenue 656,869 656,869 722,388 722,388 794,458 1 ----- Subtotal: Non-Fuel Energy (NFE) Revenue 16,287,211$ 16,775,202$ 18,810,020$ 19,390,842$ 21,793,399$ Rider Revenue (ECA, RIA, UIA) ECA 3,133,231$ 3,198,644$ 3,265,787$ 3,334,707$ 3,405,452$ RIA 261,907 266,227 270,671 275,243 279,946 UIA 874,931 550,913 565,973 581,448 597,349 1 ----- Subtotal: Rider Revenue (ECA, RIA, UIA) 4,270,069$ 4,015,784$ 4,102,431$ 4,191,398$ 4,282,747$ PGA Revenue 22,112,197 22,629,421 23,159,592 23,703,035 24,260,081 1 ----- Subtotal: Rate Revenue 42,669,477$ 43,420,406$ 46,072,043$ 47,285,275$ 50,336,228$ Other Revenue Miscellaneous Revenues 4,285,420$ 4,285,420$ 4,285,420$ 4,285,420$ 4,285,420$ Gross Receipts Tax 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Franchise Fees 1,664,000 1,664,000 1,664,000 1,664,000 1,664,000 Interest Earnings 235,000 235,000 235,000 235,000 235,000 1 ----- Subtotal: Other Revenue 7,184,420$ 7,184,420$ 7,184,420$ 7,184,420$ 7,184,420$ ----- Grand Total Revenue 49,853,897$ 50,604,826$ 53,256,463$ 54,469,695$ 57,520,648$ 14 CITY OF CLEARWATER Rider specific costs include the specific costs associated with performing these activities (as described in Section 2.2.1) and a portion of other operating costs including administrative costs and a portion of the dividend to the City. As noted above, the costs associated with these riders are accounted for within specific costs centers in CGS’s detailed budgeting and financial reporting records. Raftelis segmented these costs from the overall budget to ensure that the costs associated with these riders are transparently excluded from base rates. Similar to the PGA, we are recommending the portion of the dividend recovered in the ECA and RIA be moved to base rates to improve alignment between the intent of the rider and the costs which are recovered by it. It is important to recognize that the shift of divided recovery from the PGA and riders to base rates would not impact what the customer pays3 but would improve alignment between the intent of the PGA and rider and the costs which are recovered by them. Non-Fuel costs include administrative and customer service costs not attributed to the PGA or riders and all other costs related to CGS’s operation of the gas system. Taxes relate to franchise fees and taxes imposed on CGS by governmental jurisdictions within which CGS provides gas service. CGS levies a charge on every purchase of gas within a jurisdiction to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between CGS and other governmental entities. The fees collected within each governmental jurisdiction are used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. All taxes due to the appropriate governmental entity (such as but not limited to the State of Florida sales tax, county sales tax, municipal utility tax, and others) which may be legally levied on the purchase of gas are billed to the customers receiving such service. For the purposes of this rate study, franchise fees and taxes are shown as pass- through revenues and expenses. Table 7 – Forecast Operating Expenses 2.3.2. CAPITAL EXPENDITURES Capital expenditures are incurred to recapitalize and make additions to gas system assets. Capital expenditures include principal and interest payments on debt obligations and rate financed capital. CGS develops an annual Capital Improvements Plan (CIP) that identifies specific projects the City would like to undertake over the next five years. The current CIP identifies $48.9 million in project expenditures through FY 2028 and includes replacements and upgrades to the transmission and distribution system, service extensions, expanded energy conservation, new 3 The dividend is currently recovered on a per-them basis within the PGA and riders. Our recommendation shifts this recovery to the commodity rates, which are also charged per therm. The net impact of this change is $0.00 per therm. Description FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Non-Fuel Expenses 17,680,174$ 18,161,355$ 18,655,741$ 19,163,696$ 19,685,598$ Rider Related Expenses Energy Conservation Adjustment (ECA)2,633,231$ 2,698,644$ 2,765,787$ 2,834,707$ 2,905,452$ Regulatory Imposition Adjustment (RIA)261,907 266,227 270,671 275,243 279,946 Usage and Inflation Adjustment (UIA)- - - - - 1 ----- Subtotal: Rider Related Expenses 2,895,138$ 2,964,871$ 3,036,458$ 3,109,950$ 3,185,398$ Purchased Gas Expenses Natural Gas 21,242,645$ 21,739,577$ 22,248,949$ 22,771,072$ 23,306,266$ Propane 869,552 889,844 910,644 931,963 953,816 1 ----- Subtotal: Purchased Gas Expenses 22,112,197$ 22,629,421$ 23,159,592$ 23,703,035$ 24,260,081$ Taxes 2,664,000 2,664,000 2,664,000 2,664,000 2,664,000 1 ----- Total: Operating Expenses 45,351,509$ 46,419,647$ 47,515,791$ 48,640,682$ 49,795,077$ NATURAL GAS RATE STUDY REPORT 15 buildings, and other projects. Raftelis worked closely with City staff to develop a plan to finance these future investments. As shown in Table 8 below, a portion of the CIP is assumed to be funded from proceeds obtained from the issuance of additional debt. Debt funding can provide significant advantages by spreading out the cost of major capital programs over time, equitably spreading the cost of these assets over their beneficiaries (current and future customers). This study assumes one new revenue bond is issued in FY 2025. The annual debt service from the proposed new revenue bond has been shaped to smooth out the cash flow impacts of future debt service payments given CGS’s current debt profile. Specifically, CGS’s outstanding debt service fully matures in FY 2027, which provides flexibility to structure new debt repayment starting in FY 2028. Projects in the CIP identified specifically for expanded energy conservation should be funded through the ECA. The CIP sources and uses are shown in Table 8. Table 8 – Capital Improvements Plan The City has two outstanding debt obligations on the natural gas system. Annual debt service payments for these obligations are approximately $900,000 annually, with balloon principal payments due in FY 2025, FY 2026 and FY 2027. Table 9 presents CGS’s annual debt service payments over the forecast period, including the proposed new debt service mentioned above. Description FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Capital Projects Line Relocation Pinellas - Maintenance 25,000$ 25,000$ 25,000$ 25,000$ 25,000$ Line Relocation Pasco - Maintenance 25,000 25,000 25,000 25,000 25,000 Gas Meter Changeout - Pinellas Capitalized 300,000 300,000 300,000 300,000 300,000 Gas Meter Change Out - Pasco Capitalized 200,000 200,000 200,000 200,000 200,000 Line Relocation Pinellas - Capitalized 300,000 300,000 300,000 300,000 300,000 Line Relocation Pasco - Capitalized 300,000 300,000 300,000 300,000 300,000 Pinellas New Mains & Service Lines 2,750,000 2,750,000 2,000,000 2,000,000 2,000,000 Pinellas New Mains & Service Lines - Special 3,850,000 3,850,000 - - - Pasco New Mains & Service Lines 4,000,000 2,500,000 2,500,000 2,500,000 2,500,000 Gas Inventory Work Management System - 1,500,000 1,500,000 - - Expanded Energy Conservation 500,000 500,000 500,000 500,000 500,000 Natural Gas Vehicles - - - - - Future IMS Software and Hardware - 250,000 25,000 - - Pasco training building and warehouse - - 1,700,000 - - Pasco Gate Station 500,000 500,000 500,000 - - Pinellas Building: Equipment Replacement and Repair 200,000 200,000 200,000 200,000 200,000 Gas Vehicle Additions - - - - - Capital Project Allowance - - - - - ----- Total: Capital Projects 12,950,000$ 13,200,000$ 10,075,000$ 6,350,000$ 6,350,000$ Financing Sources Revenue Bonds - 23,000,000 - - - PAYGO 12,450,000 3,000,000 3,000,000 3,000,000 5,850,000 ECA PAYGO 500,000 500,000 500,000 500,000 500,000 ----- Total: Financing Sources 12,950,000$ 26,500,000$ 3,500,000$ 3,500,000$ 6,350,000$ 16 CITY OF CLEARWATER Table 9 – Annual Debt Service 2.3.3. DIVIDEND TO CITY OF CLEARWATER Per adopted City policy, CGS makes an annual payment to the City in the form of a dividend. The dividend is calculated as 50% of CGS’ prior year net income but not less than $1.7 million. The projected dividend payment in the financial forecast is based on the FY 2023 budget. Transfers between the City owned utility and the City’s general government are common throughout the municipal utility industry. CGS benefits from a wide variety of services provided by the City but does not pay property taxes. If the City did not provide these services, CGS would need to either hire additional staff to perform the same functions or contract them out. The dividend, in part, recognizes the cost of services provided. It is our understanding that the City’s water and wastewater utilities pay a Payment in Lieu of Taxes (PILOT) based on a percentage of revenues, in recognition of this same concept. In addition, the dividend recognizes the investment City taxpayers have made in order to enter the competitive gas industry. As described in the next section, the dividend provides a reasonable return to City taxpayers in recognition of the investment they have made in the gas utility. 2.3.4. CASH FLOW FORECAST The final step in the financial planning process involves compiling a cash flow forecast and evaluating the appropriateness of CGS’s current revenue levels given the financial performance metrics identified in Section 2.1: days O&M expenses, debt service coverage ratios, return on rate base and return on equity (ROE). While projected expenses exceed projected revenues, CGS has existing cash on hand above the 180 day minimum. Raftelis recommends that CGS maintain existing revenue levels in FY 2024, evaluating the need for addition base rate adjustment FY 2026 and FY 2028, currently projected at 10%. Table 10 provides the cash flow forecast for the 5-year period, which includes the projected rate adjustments mentioned above. As shown, total revenues are projected to increase from $49.9 million in FY 2023 to over $57.5 million by the end of the forecast period. Under the projected rate adjustments, days cash and debt service coverage remain strong throughout the forecast and consistent with minimum targets. Description FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Gas Refunding Bonds Series 2013 Principal 440,000$ 1,485,000$ 1,520,000$ -$ -$ Interest 83,025 72,421 36,632 - - ----- Subtotal: Series 2013 523,025$ 1,557,421$ 1,556,632$ -$ -$ Gas Refunding Bonds Series 2014 Principal 305,000$ 315,000$ 325,000$ 2,040,000$ -$ Interest 79,700 71,556 63,146 54,468 - ----- Subtotal: Series 2014 384,700$ 386,556$ 388,146$ 2,094,468$ -$ Proposed New Debt Service (1) Principal -$ -$ -$ -$ 420,713$ Interest - - - - 1,150,000 ----- Subtotal: Proposed New Debt Service -$ -$ -$ -$ 1,570,713$ ----- Grand Total 907,724$ 1,943,977$ 1,944,778$ 2,094,468$ 1,570,713$ (1) For planning purposes, assumes 3 years of capitalized interest with principal repayment beginning in FY 2028. NATURAL GAS RATE STUDY REPORT 17 Table 10 - Cash Flow Forecast In order to assess the projected level of return on rate base and return on equity, Raftelis developed the pro-forma income statement shown on Table 11 for the forecast period. Table 12 then indicates the calculated return on rate base and return on equity, both of which range between 1.0% - 3.0% over the forecast period. Given the current interest rate environment, the projected return on rate base and return on equity are lower than what a regulated utility would likely be granted assuming a similar capital structure. However, since recent actual returns generated by CGS’s natural gas system have ranged from 7.0% to 8.0%, which is consistent with returns granted by state public service commissions, and due to CGS’s strong liquidity, it was determined, through discussions with City staff, that lower projected returns were not unreasonable but should be monitored carefully prior to the next rate study. Also, it is important to note that—unlike investor-owned utilities—the return being earned by CGS does not go to shareholders. It is used to fund general government services that would otherwise by funded by taxes. Description FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Revenue Rate Revenue Non-Fuel Energy (NFE) Revenue 16,287,211$ 16,775,202$ 18,810,020$ 19,390,842$ 21,793,399$ Rider Revenue (ECA, RIA, UIA) 4,270,069 4,015,784 4,102,431 4,191,398 4,282,747 PGA Revenue 22,112,197 22,629,421 23,159,592 23,703,035 24,260,081 1 ----- Subtotal: Rate Revenue 42,669,477$ 43,420,406$ 46,072,043$ 47,285,275$ 50,336,228$ Other Revenue 7,184,420$ 7,184,420$ 7,184,420$ 7,184,420$ 7,184,420$ ----- Grand Total Revenue 49,853,897$ 50,604,826$ 53,256,463$ 54,469,695$ 57,520,648$ Expenses Operating Expenses Non-Fuel Expenses 17,680,174$ 18,161,355$ 18,655,741$ 19,163,696$ 19,685,598$ Rider Related Expenses 2,895,138 2,964,871 3,036,458 3,109,950 3,185,398 Purchased Gas Expenses 22,112,197 22,629,421 23,159,592 23,703,035 24,260,081 Taxes 2,664,000 2,664,000 2,664,000 2,664,000 2,664,000 1 ----- Subtotal: Operating Expenses 45,351,509$ 46,419,647$ 47,515,791$ 48,640,682$ 49,795,077$ Capital Expenses PAYGO Capital 12,950,000$ 3,500,000$ 3,500,000$ 3,500,000$ 6,350,000$ Debt Service 907,724 1,943,977 1,944,778 2,094,468 1,570,713 1 ----- Subtotal: Capital Expenses 13,857,724$ 5,443,977$ 5,444,778$ 5,594,468$ 7,920,713$ ----- Grand Total Expenses 59,209,233$ 51,863,623$ 52,960,569$ 54,235,150$ 57,715,790$ Financial Performance Beginning Balance 28,026,334$ 18,670,998$ 17,412,201$ 17,708,095$ 17,942,640$ Surplus/ (Deficit)(9,355,336)$ (1,258,797)$ 295,894$ 234,545$ (195,142)$ ----- Ending Balance 18,670,998$ 17,412,201$ 17,708,095$ 17,942,640$ 17,747,498$ Days Cash (w/PGA)147 131 131 129 126 Days Cash (w/o PGA)282 247 246 242 239 Days Cash (NFE + Debt)385 350 346 342 329 Revenue Bond DSCR 4.96 2.15 2.95 2.78 4.92 18 CITY OF CLEARWATER Financial Plan – Key Findings and Recommendations » Key Findings – 1. Projected expenses exceed existing revenues, but liquidity remains strong. 2. Projected CGS revenues produce a rate of return lower than what would likely be expected by a regulated utility. However, given CGS’s strong liquidity, it was determined that lower rates of return are not unreasonable but should be monitored carefully. » Recommendations – Plan for projected increases in base rates in FY 2026 and FY 2028 to cover utility expenses and meet financial performance metrics. Table 11 – Pro-forma Income Statement Table 12 – Return on Equity/Rate Base Calculation Description FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Revenues 49,618,897$ 50,369,826$ 53,021,463$ 54,234,695$ 57,285,648$ Operating Expenses Non-Fuel Energy (NFE) Expenses 17,680,174$ 18,161,355$ 18,655,741$ 19,163,696$ 19,685,598$ Rider Related Expenses 2,640,421 2,710,154 2,781,741 2,855,233 2,930,681 Purchased Gas Adjustment (PGA) Expenses 20,666,914 21,184,138 21,714,309 22,257,752 22,814,798 Taxes 2,664,000 2,664,000 2,664,000 2,664,000 2,664,000 PILOT - - - - - Depreciation 4,373,757 4,810,423 5,210,280 5,318,947 5,427,614 ----- Subtotal Operating Expenses 48,025,266$ 49,530,070$ 51,026,072$ 52,259,629$ 53,522,691$ ----- Operating Income 1,593,631$ 839,756$ 1,995,391$ 1,975,066$ 3,762,957$ Non-Operating Rev/(Exp)72,276 91,024 135,223 180,532 (915,000) ----- Income/(Loss) Before Transfers 1,665,907 930,780 2,130,614 2,155,598 2,847,957 Dividends to GF (Transfer Out)(1,700,000) (1,700,000) (1,700,000) (1,700,000) (1,700,000) ----- Net Change in Fund Equity (34,093)$ (769,220)$ 430,614$ 455,598$ 1,147,957$ Description FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Return on Equity Income/(Loss) Before Transfers 1,665,907$ 930,780$ 2,130,614$ 2,155,598$ 2,847,957$ Divided by: Equity 104,978,695 92,168,272 98,877,992 101,949,045 102,871,431 ----- Equals: Return on Equity 1.6%1.0%2.2%2.1%2.8% Return on Rate Base Operating Income 1,593,631$ 839,756$ 1,995,391$ 1,975,066$ 3,762,957$ Divide by: Rate Base 110,663,695 119,053,272 123,917,992 124,949,045 125,871,431 ----- Equals: Return on Rate Base 1.4%0.7%1.6%1.6%3.0% NATURAL GAS RATE STUDY REPORT 19 3. Cost of Service Analysis While the financial plan determines the overall level of rate revenue required to support the gas utility, the cost of service analysis is one tool that can be used to determine each customer class’s responsibility for that revenue requirement based on the demands they place on the gas system. 3.1. Process Cost of service allocations provide a measure of determining the proportionate responsibility of each customer class for the service provided. Analysis of these costs provides guidelines for rate design and for comparing revenue derived by the present rates from each class with the cost associated with providing service. Cost of service allocations are based upon conditions estimated for a test year that reflect typical operations of the gas utility. For this study, the test year is the City’s fiscal year ending September 30, 2024 (FY 2024). Following the development of the test year revenue requirement, the proportion of the total revenue requirement (i.e. O&M and capital) allocable to each customer class must be determined. This allocation represents the level of revenues that should be recovered from each customer class, given the operational demands that class places on the gas utility system. This allocation is performed via the following steps: 1. Allocation of Costs to Cost Drivers 2. Determination of Units of Service 3. Distribution of Cost to Customer Classes 3.2. Allocation of Costs to Cost Drivers Cost drivers represent the types of customer demand which drive variation in CGS’s costs. The costs drivers used for this study are: » Commodity » Capacity » Customer - Readiness to Serve (RTS) » Meters/Regulators » Services » Customer – Accts » Direct (PGA, ECA, RIA) Commodity costs are associated with volumetric throughput. Capacity costs are associated with providing adequate capacity in the transmission and distribution system to meet peak demand. Customer-Readiness to Serve (RTS) costs are associated with extending the distribution system to customers such that service is available 24/7/365 regardless of how much gas is used. Meters/regulators, service lines and customer accounts costs are all associated with delivering, measuring, and administering service at the customer level. As discussed in Section 2.2, CGS has three distinct types of rates: the PGA, riders and base rates. Accordingly, the cost of service analysis segments these costs into these three categories for cost allocation purposes. Table 13 indicates the cost allocation of each component of the revenue requirement. 20 CITY OF CLEARWATER Costs related to the PGA and riders (ECA, RIA) are directly assigned to those cost drivers. This step is necessary to isolate the PGA and rider specific costs to ensure they are not included in the base rates. The one exception is the dividend, a portion of which has historically been recovered in the PGA and riders. We believe these costs are more appropriately recovered in base rates because they relate to providing service to CGS customers more generally, rather than being specifically related to either the purchase of gas, or the activities covered by the riders. It should be noted that a full shift of all dividend costs may take time due to rolling expiration of contracts for certain customers. Costs related to base rates are allocated primarily based on CGS’s plant investment. Raftelis utilized CGS’s plant investment records to develop the plant allocator used to allocate these costs. The use of a plant allocator to allocate costs is common throughout the municipal utility industry and is based on the presumption that CGS incurs operating costs in proportion to the investment in gas infrastructure used to provide service to customers. Administrative costs and taxes were allocated using a composite allocator based on the allocation of the other operating costs. In addition to allocating CGS expenses to cost drivers, it is also important to allocate additional sources of revenue recovered by CGS which represent offsets to the revenues which must be recovered from base rates, the PGA and the riders. These are indicated on Table 14. The primary groupings are as follows: 1. Miscellaneous and other services revenues, which represent payments from customers for ancillary services provided by CGS such as the sale and installation of natural gas appliances, service charges, and plumbing. 2. Market PGA, Market Base Rates and Propane revenues, which are driven by market conditions (and not cost of service), so these revenues are credited against system revenue requirements rather than being included in the cost of service analysis. 3. Taxes which represent a pass-through of revenue collected on behalf of the taxing jurisdictions, accordingly, it is shown as both an expense and a revenue credit. 4. Interest earnings which represent the interest income earned on CGS’ various investments. In addition to these four categories of credits is a cash flow credit (addition to/(use of) fund balance). The cash flow credit accounts for the fact that the FY 2024 test year assumes CGS will use existing cash, rather than current revenues, to fund approximately $9.4 million in utility expenses. This reduces the amount of revenue needed from customers rates by $9.4 million. Similar to the treatment of expenses, the revenue offsets are allocated based on either direct, plant or O&M allocators. As described throughout this report, the PGA and riders are evaluated on a monthly basis and adjusted such that the rates recover cost of service. Accordingly, the remainder of the cost of service analysis focuses on allocating the portion of the revenue requirement that will be recovered from base rates. NATURAL GAS RATE STUDY REPORT 21 Table 13 – Revenue Requirement Allocation to Cost Drivers Cost of Description Service Commodity Capacity Customer Meters/Reg Services Cust Accts Direct PGA Direct ECA Direct RIA Direct UIA Operating Expenses Non-Fuel Expenses Administrative 1,054,114$ 44,553$ 178,211$ 222,763$ 396,023$ 148,509$ 64,055$ -$ -$ -$ -$ Direct 15,615,744 891,152 3,564,607 4,455,758 3,576,813 2,970,506 156,909 - - - - Customer Service 1,010,317 - - - - - 1,010,317 - - - - Dividend - - - - - - - - - - - 1 ----------- Subtotal: Non-Fuel Expenses 17,680,174$ 935,704$ 3,742,817$ 4,678,521$ 3,972,836$ 3,119,014$ 1,231,281$ -$ -$ -$ -$ Rider Related Expenses Energy Conservation Adjustment (ECA) Administrative 96,373$ -$ -$ -$ -$ -$ -$ -$ 96,373$ -$ -$ Direct 2,392,981 - - - - - - - 2,392,981 - - Customer Service - - - - - - - - - - - Dividend 143,877 143,877 - - - - - - - - - 1 ----------- Subtotal: Energy Conservation Adjustment (ECA)2,633,231$ 143,877$ -$ -$ -$ -$ -$ -$ 2,489,354$ -$ -$ Regulatory Imposition Adjustment (RIA) Administrative 14,834$ -$ -$ -$ -$ -$ -$ -$ -$ 14,834$ -$ Direct 136,233 - - - - - - - - 136,233 - Customer Service - - - - - - - - - - - Dividend 110,840 110,840 - - - - - - - - - 1 ----------- Subtotal: Regulatory Imposition Adjustment (RIA)261,907$ 110,840$ -$ -$ -$ -$ -$ -$ -$ 151,067$ -$ Usage and Inflation Adjustment (UIA)-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1 ----------- Subtotal: Rider Related Expenses 2,895,138$ 254,717$ -$ -$ -$ -$ -$ -$ 2,489,354$ 151,067$ -$ Purchased Gas Expenses Natural Gas Administrative 1,958,725$ -$ -$ -$ -$ -$ -$ 1,958,725$ -$ -$ -$ Direct 17,896,500 - - - - - - 17,896,500 - - - Customer Service - - - - - - - - - - - Dividend (1)1,387,420 1,058,632 - - - - - 328,788 - - - 1 ----------- Subtotal: Natural Gas 21,242,645$ 1,058,632$ -$ -$ -$ -$ -$ 20,184,013$ -$ -$ -$ Propane Administrative 63,960$ -$ -$ -$ -$ -$ -$ 63,960$ -$ -$ -$ Direct 747,729 - - - - - - 747,729 - - - Customer Service - - - - - - - - - - - Dividend 57,863 - - - - - - 57,863 - - - 1 ----------- Subtotal: Propane 869,552$ -$ -$ -$ -$ -$ -$ 869,552$ -$ -$ -$ 1 ----------- Subtotal: Purchased Gas Expenses 22,112,197$ 1,058,632$ -$ -$ -$ -$ -$ 21,053,564$ -$ -$ -$ Taxes 2,664,000 112,595 450,381 562,976 1,000,847 375,317 161,883 - - - - 1 ----------- Subtotal: Operating Expenses 45,351,509$ 2,361,649$ 4,193,198$ 5,241,498$ 4,973,683$ 3,494,332$ 1,393,165$ 21,053,564$ 2,489,354$ 151,067$ -$ Capital Expenses Debt Service 907,724$ 51,802$ 207,206$ 259,008$ 207,916$ 172,672$ 9,121$ -$ -$ -$ -$ PAYGO 12,450,000 710,491 2,841,962 3,552,453 2,851,694 2,368,302 125,099 - - - - ECA PAYGO 500,000 - - - - - - - 500,000 - - 1 ----------- Subtotal: Capital Expenses 13,857,724$ 762,292$ 3,049,168$ 3,811,460$ 3,059,609$ 2,540,974$ 134,220$ -$ 500,000$ -$ -$ ----------- Grand Total Expenses 59,209,233$ 3,123,941$ 7,242,366$ 9,052,958$ 8,033,292$ 6,035,305$ 1,527,385$ 21,053,564$ 2,989,354$ 151,067$ -$ (1) It is assumed dividend recovery from contract customers will be shift to base rates over time. Base Rates PGA/Riders 22 CITY OF CLEARWATER Table 14 – Revenue Requirement Offsets and Net Revenue Requirement Cost of Description Service Commodity Capacity Customer Meters/Reg Services Cust Accts Direct PGA Direct ECA Direct RIA Direct UIA Rate Revenue Natural Gas NFE Revenue - Contract (2,007,070)$ (114,538)$ (458,154)$ (572,692)$ (459,723)$ (381,795)$ (20,167)$ -$ -$ -$ -$ Propane NFE Revenue Propane NFE Revenue - Standard (655,189)$ (37,390)$ (149,560)$ (186,950)$ (150,072)$ (124,633)$ (6,583)$ -$ -$ -$ -$ Natural Gas NFE Revenue - Contract (1,680) (96) (383) (479) (385) (320) (17) - - - - 1 ----------- Subtotal: Propane NFE Revenue (656,869)$ (37,486)$ (149,943)$ (187,429)$ (150,457)$ (124,953)$ (6,600)$ -$ -$ -$ -$ Rider Revenue (ECA, RIA, UIA) ECA (3,133,231)$ -$ -$ -$ -$ -$ -$ -$ (3,133,231)$ -$ -$ RIA (261,907) - - - - - - - - (261,907) - UIA (874,931) - - - - - - - - - (874,931) 1 ----------- Subtotal: Rider Revenue (ECA, RIA, UIA) (4,270,069)$ -$ -$ -$ -$ -$ -$ -$ (3,133,231)$ (261,907)$ (874,931)$ PGA Revenue (22,112,197) - - - - - - (22,112,197) - - - 1 ----------- Subtotal: Rate Revenue (29,046,204)$ (152,024)$ (608,097)$ (760,122)$ (610,180)$ (506,748)$ (26,768)$ (22,112,197)$ (3,133,231)$ (261,907)$ (874,931)$ Other Revenue Miscellaneous Revenues (4,285,420)$ (244,558)$ (978,233)$ (1,222,791)$ (981,583)$ (815,194)$ (43,060)$ -$ -$ -$ -$ Gross Receipts Tax (1,000,000) (42,265) (169,062) (211,327) (375,693) (140,885) (60,767) - - - - Franchise Fees (1,664,000) (70,330) (281,319) (351,649) (625,153) (234,433) (101,116) - - - - Interest Earnings (235,000) (13,411) (53,643) (67,054) (53,827) (44,703) (2,361) - - - - 1 ----------- Subtotal: Other Revenue (7,184,420)$ (370,564)$ (1,482,257)$ (1,852,822)$ (2,036,256)$ (1,235,215)$ (207,305)$ -$ -$ -$ -$ ----------- Grand Total Revenue Offsets (36,230,624)$ (522,589)$ (2,090,355)$ (2,612,944)$ (2,646,436)$ (1,741,962)$ (234,073)$ (22,112,197)$ (3,133,231)$ (261,907)$ (874,931)$ Addition to/(Use of) Fund Balance (9,355,336) (533,886) (2,135,543) (2,669,429) (2,142,856) (1,779,619) (94,004) - - - - Grand Total Expenses Above 59,209,233 3,123,941 7,242,366 9,052,958 8,033,292 6,035,305 1,527,385 21,053,564 2,989,354 151,067 - 0 ----------- Net Revenue Requirement - Firm NFE Rates 13,623,273$ 2,067,466$ 3,016,469$ 3,770,586$ 3,244,000$ 2,513,724$ 1,199,309$ (1,058,632)$ (143,877)$ (110,840)$ (874,931)$ Base Rates PGA/Riders NATURAL GAS RATE STUDY REPORT 23 3.3. Determination of Units of Service The next step in the cost allocation process is to summarize the units of service, which are the basis for the allocation of the total revenue requirement to each of the customer classes. Costs are allocated to customer classes in proportion to the class responsibility for use of the gas system. The units used to allocate costs are commodity units, capacity units and customer units. Commodity units are used to distribute costs which are incurred to support average demand and are calculated from annual throughput (dekatherms or dth) to assign commodity related costs to each customer class. Capacity units are used to distribute costs related to peak demand. Load factors are used to calculate peak demand by showing the ratio of average load to peak load. Similar to an interstate highway system, a gas system must be designed and operated to meet both average and peak demands. Load factors attribute the cost of meeting peak demand with the customers that contribute to peak demand. A perfect load factor is 100%, meaning the customer uses gas at a constant rate without any fluctuations in demand. There have not been material changes to the composition the customers within each class since CGS prior rate study. Accordingly, the existing load factors are reasonable and have been maintained. Customer units are used to distribute costs which are incurred regardless of how much gas a customer uses. These include costs related to making the gas system available to customers, the cost of installing and maintaining meters, regulators and customer service lines and the cost of providing customer service and billing. A weighting factor is used to recognize differences in potential demand and the larger and more expensive equipment typically required to serve larger customers. Table 15 indicates the development of the distribution factors, which represent each customer class’s share of commodity, capacity and customer costs based on their unique demand characteristics. Table 15 – Development of Distribution Factors 3.4. Distribution of Costs to Customer Classes Table 16 indicates the application of the commodity, capacity and customer distribution factors from Table 15. For example, Single Family Residential (RS) customers represent 52% of the capacity units and are allocated 52% of the capacity cost (i.e. $3.0 million x 0.52 = $1.6 million). This process is repeated for each customer class and cost driver to determine class cost of service indicated in the “total” column in Table 16. Description RS SMF MMF LMF SGS MGS LGS IS Total Commodity Annual Throughput (Therms)5,546,923 69,239 62,191 139 8,907,858 2,928,446 315,278 1,078,712 18,908,786 Commodity Allocator 29.3%0.4%0.3%0.0%47.1%15.5%1.7%5.7%100.0% Capacity Load Factor 13%14%18%12%30%39%39%100% Peak Demand 117,312 1,329 967 3 81,826 20,765 2,242 2,955 227,400 Capacity Allocator 51.6%0.6%0.4%0.0%36.0%9.1%1.0%1.3%100.0% Customer Related Customer Count 29,042 101 2 1 2,354 116 2 6 31,624 Weighting Factor 1.00 2.08 3.33 7.92 2.08 3.33 7.92 7.92 - Weighted Customers 29,042 210 7 8 4,896 386 17 48 34,612 Customer Allocator 83.9%0.6%0.0%0.0%14.1%1.1%0.0%0.1%100.0% 24 CITY OF CLEARWATER Cost of Service Analysis – Key Findings and Recommendations » Key Findings – 1. PGA and riders recover costs, which could be more appropriately included in base rates. 2. Residential customers are paying less than cost of service. 3. Non-Residential customers are paying more than cost of service. » Recommendations – 1. Consider shifting revenue recovery (dividend) from PGA and riders to base rates 2. Consider other opportunities (e.g., UIA) to support a directional shift in costs to residential customers to align with results of cost of service analysis. Table 16 – Distribution of Costs to Customer Classes and Comparison to Revenue under Existing Rates The bottom of Table 16 also provides a comparison of the calculated cost of service to revenues under the existing base rates. Cost of service, in total, exceeds revenues under existing rates largely due to a shift of dividend costs from the PGA and riders to the base rates. In addition, there are significant variances between class cost of service and existing base rate revenue. In general, residential customers (single and multi) are paying less than the cost of service and non-residential customers are paying more than the cost of service. Figure 4 below illustrates the customer class revenues under current base rates compared to the calculated cost of service. Figure 3 – Current Revenues and Cost of Service Description RS SMF MMF LMF SGS MGS LGS IS Total Commodity 606,495$ 7,571$ 6,800$ 15$ 973,976$ 320,193$ 34,472$ 117,945$ 2,067,466$ Capacity 1,556,154 17,630 12,828 41 1,085,428 275,448 29,736 39,203 3,016,469 Customer 3,163,746 22,886 726 863 533,362 42,013 1,813 5,177 3,770,586 Meters/Reg 2,721,910 19,689 624 742 458,875 36,146 1,560 4,454 3,244,000 Services 2,109,164 15,257 484 575 355,575 28,009 1,209 3,451 2,513,724 Customer Accts 1,006,292 7,279 231 274 169,646 13,363 577 1,647 1,199,309 --------- Total 11,163,761$ 90,312$ 21,692$ 2,511$ 3,576,862$ 715,173$ 69,366$ 171,877$ 15,811,553$ %71%1%0%0%23%5%0%1%100% Current Revenue 8,016,701$ 60,765$ 28,324$ 1,201$ 4,091,148$ 1,051,263$ 96,979$ 276,891$ 13,623,273$ %59%0%0%0%30%8%1%2%100% $ Difference 3,147,059$ 29,547$ (6,632)$ 1,310$ (514,286)$ (336,091)$ (27,613)$ (105,014)$ 2,188,280$ % Difference 39%49%-23%109%-13%-32%-28%-38%16% 60%71% 40%29% Current Cost of Service Residential Commercial NATURAL GAS RATE STUDY REPORT 25 4. Rate Design The objective of rate design is to reasonably and fairly set rates to recover the net revenue requirement. While recovering the revenue requirement for each class is the ultimate goal, rates must be reasonable and remain competitive with neighboring utilities. In the case of CGS, for each class to recover the class revenue requirements determined in the cost-of-service analysis, major changes are needed to the rate structure. For single-family residential, the largest class in CGS, this would mean drastic increases that may lead to rate shock for customers. As a result, it is more prudent to establish a directional goal of achieving cost of service over time by implementing incremental shifts toward customer class parity while remaining competitive with neighboring utilities such as Teco/Peoples Gas, Florida City Gas and Florida Public Utilities. 4.1. Rate Recommendations 4.1.1. PGA The PGA is reviewed monthly and adjusted periodically based on actual and projected gas and propane supply costs, all other applicable expenses, and projected demand. As such, Raftelis does not recommend a specific PGA rate as part of this study. However, we do recommend the following modification to the calculation methodology: all dividend costs currently recovered in the PGA should be allocated for recovery in the commodity charge. The decrease to the actual PGA rate should be $0.057 per therm, which is equivalent to the increase embedded in base rates as described below. 4.1.2. RIDERS As discussed in Section 2.2.1, CGS has several rate riders that recover specific costs or are designed to mitigate financial and operational risk. Energy Conservation Adjustment The ECA is applicable to all firm natural gas and propane customers but not assessed to non-standard and contract customers. Raftelis recommends that all dividend costs currently recovered through the ECA be allocated for recovery in the commodity charge. The decrease in the ECA rate should be $0.008 per them. Since the ECA is reviewed by CGS staff on a monthly basis, Raftelis recommends the City adopt the new methodology and then calculate the resulting rate based on actual costs consistent with current practices. Usage and Inflation Adjustment Per City ordinances, the UIA should reset to $0.00 in the beginning of FY 2024. UIA cost recovery of $0.049 per therm should be shifted to base rates. It should be noted it is recommended the shift in cost recovery of the UIA to base rates is shared equally between residential and commercial customers. This will result in a slight increase in cost recovery from residential customers and a slight decrease in cost recovery from commercial customers. Directionally, this change aligns with the cost of service analysis which suggests costs should be shifted from commercial to residential over time. As noted previously, the financial forecast is based on an August 2023 CPI of 298.9754 and an assumed increase of around 3.0% annually. Normalized usage per account for firm natural gas single-family residential customers and commercial customers is 195 therms and 5,501 therms, respectively. To the extent that inflation or usage differs from these amounts, the City should adjust the UIA rate, as needed, to account for changes in inflation or customer usage. As noted above, the financial forecast assumes an inflationary increase in costs during FY 2024, so it would be expected that the UIA would be used to recover these costs during the test year. 4 Consumer Price Index for all items in South urban, all urban customers, not seasonally adjusted. 26 CITY OF CLEARWATER Regulatory Imposition Adjustment The RIA is applicable to all firm natural gas and propane customers but not assessed to non-standard and contract customers. Going forward, Raftelis recommends that all dividend costs currently recovered through the RIA be allocated for recovery in the commodity charge. The decrease in the RIA should be $0.006 per therm. Raftelis recommends the City adopt the new methodology and then calculate the resulting rate based on actual costs consistent with current practices. 4.1.3. MARKET BASED RATES We are not proposing any changes to the propane or contract rates at this time. CGS should continue to set the market based rates as needed to remain competitive with neighboring utilities and other sources of energy. 4.1.4. BASE RATES The base rates are intended to recover CGS’s cost of distributing natural gas to customers after the PGA and rider specific costs have been excluded. As indicated in Section 2, the PGA and the riders recover both their direct costs as well as other operating costs including a portion of the dividend to the City. In this study, Raftelis recommends shifting dividend costs out of the PGA and riders and into the base rates, specifically the commodity charge. We believe these costs are more appropriately recovered in the base rates because they relate to providing service to CGS customers more generally, rather than being specifically related to either the purchase of natural gas or the activities covered by the riders. This shift in costs would improve the alignment between the intent of the PGA and riders and the costs which are recovered by them. The result of the shift in costs described above is an increase to the commodity charge for residential customers from $0.44 per therm to $0.56 per therm. Non-residential customers would also see an increase in their commodity charge of $0.12 per therm as shown in Table 17 below. These increases to the commodity charges are to be accompanied by a reduction in the PGA and riders. Table 17 presents the existing and proposed base rates. NATURAL GAS RATE STUDY REPORT 27 Table 17 – Existing and Proposed Base Rates Note: The Central Pasco Surcharge will be maintained Pinellas & West Pasco Central Pasco Pinellas & West Pasco Central Pasco Residential Service (RS) Customer Charge Month 16.00$ 24.00$ 16.00$ 24.00$ Commodity Charge(1)Therm 0.44$ 0.44$ 0.56$ 0.56$ Small Multi-Family Residential Service (SMF) Customer Charge Month 25.00$ 40.00$ 25.00$ 40.00$ Commodity Charge(1)Therm 0.44$ 0.44$ 0.56$ 0.56$ Medium Multi-Family Residential Service (MMF) Customer Charge Month 40.00$ 70.00$ 40.00$ 70.00$ Commodity Charge(1)Therm 0.44$ 0.44$ 0.56$ 0.56$ Large Multi-Family Residential Service (LMF) Customer Charge Month 95.00$ 160.00$ 95.00$ 160.00$ Commodity Charge(1)Therm 0.44$ 0.44$ 0.56$ 0.56$ Small General Service (SGS) Customer Charge Month 25.00$ 40.00$ 25.00$ 40.00$ Commodity Charge(1)Therm 0.38$ 0.38$ 0.50$ 0.50$ Medium General Service (MGS) Customer Charge Month 40.00$ 70.00$ 40.00$ 70.00$ Commodity Charge(1)Therm 0.34$ 0.34$ 0.46$ 0.46$ Large General Service (LGS) Customer Charge Month 95.00$ 160.00$ 95.00$ 160.00$ Commodity Charge(1)Therm 0.30$ 0.30$ 0.42$ 0.42$ Interruptible Service (IS) Customer Charge Month 250.00$ 400.00$ 250.00$ 400.00$ Commodity Charge(1)Therm 0.24$ 0.24$ 0.28$ 0.28$ (1) Increase to be accompanied by a reduction in the PGA, ECA, RIA and UIA Existing Proposed PerCustomer Class 28 CITY OF CLEARWATER 4.1.5. RATE COMPARISON TO NEIGHBORING UTILITIES As previously mentioned, it is important to compare the City’s natural gas rates to neighboring utilities to assess overall competitiveness. The following table compares the City’s existing and proposed rates to a regional proxy group including Peoples Gas, Florida City Gas and Florida Public Utilities. Table 18 – Rate Comparison to Neighboring Utilities 4.2. Bill Impacts The changes to the rate structure discussed above are anticipated to have a small impact on customer bills. The proposed increases to the commodity charges are to be accompanied by a decrease in the PGA and rate riders. Table 19 demonstrates the impact on monthly bills for the CGS’ various customer classes. Note that all customers will see a decrease based on an anticipated reduction in the PGA related to reduced gas commodity prices. This change is independent of the recommendations above but is included to show a complete picture of how average customer bills will change. The decrease for commercial is greater than for residential due to the directional shift between commercial and residential customers described above. Existing Proposed % Change Existing Proposed % Change Single Family Customer(1)16.00$ 16.00$ 0%18.10$ 25.50$ 41%26.50$ 19.00$ Commodity(2)0.44$ 0.56$ 27%0.27$ 0.37$ 36%0.62$ 0.57$ Small Commercial Customer(1)25.00$ 25.00$ 0%45.00$ 69.00$ 53%70.00$ 31.00$ Commodity(2)0.38$ 0.50$ 32%0.31$ 0.49$ 55%0.63$ 0.58$ Medium Commercial Customer(1)40.00$ 40.00$ 0%82.00$ 129.00$ 57%150.00$ 44.00$ Commodity(2)0.34$ 0.46$ 35%0.27$ 0.42$ 56%0.56$ 0.49$ Large Commercial Customer(1)95.00$ 95.00$ 0%420.00$ 525.00$ 25%275.00$ 188.00$ Commodity(2)0.30$ 0.42$ 40%0.22$ 0.36$ 63%0.53$ 0.44$ (1) Central Pasco Surcharge to be maintained (2) Increase to be accompanied by a reduction in the PGA, ECA, RIA and UIA (3) Rates are for RS-2, GS-1, GS-2 and GS-3. Proposed rates effective 1/1/2024 (4) Rates are for RES-3, GS-2. GS-3, GS-4 effective 3/1/2023 (5) Rates are for RS-100, GS-1, GS-6K, GS-25k effective 5/1/2023 Customer Class Clearwater (Pinellas and West Pasco)Peoples Gas(3) Florida Public Utilities(4) Florida City Gas(5) NATURAL GAS RATE STUDY REPORT 29 Table 19 – Monthly Bill Impact Another important factor for CGS is remaining competitive against electric utilities. In Table 20 below, there is a comparison of the recommended CGS rate and the current Duke Energy rate, demonstrating the cost savings offered by natural gas. Table 20 – Annual Cost Comparison CGS Gas Service vs. Electric Service Customer Class Existing Bill (1)Proposed Bill (2)$ Change % Change Residential Service (RS) - Summer 29.00$ 28.79$ (0.21)$ -1% Residential Service (RS) - Winter 55.00$ 54.36$ (0.64)$ -1% Small Multi-Family Residential Service (SMF)90.00$ 88.93$ (1.07)$ -1% Medium Multi-Family Residential Service (MMF)3,420.00$ 3,364.35$ (55.65)$ -2% Large Multi-Family Residential Service (LMF)420.00$ 414.65$ (5.35)$ -1% Small General Service (SGS)478.82$ 451.51$ (27.31)$ -6% Medium General Service (MGS)3,181.59$ 2,986.49$ (195.09)$ -6% Large General Service (LGS)13,477.98$ 12,619.57$ (858.40)$ -6% (1) Based on current PGA of $0.69 (2) Based on reduction PGA, ECA and RIA to reflect dividend shift and reduction in PGA based on projected gas cost Description CGS(1)Duke Energy Total Rate per Unit 1.28$ 0.15$ Estimated Energy Use Therms kWh Heating(2)150 2,250 Hot Water 170 5,000 Cooking 45 2,000 -$ -$ Total 365 9,250 Annual Cost Heating 191.79$ 348.55$ Hot Water 217.36 774.55 Cooking 57.54 309.82 -$ -$ Total 466.69$ 1,432.92$ Savings vs. Electric $ Savings % Savings Heating (156.76)$ -45.0% Hot Water (557.19) -71.9% Cooking (252.28) -81.4%-$ -$ Total (966.23)$ -67.4% (1) Total cost per therm including base rates, PGA and riders (2) Duke rates effective 4/1/2023 (2) Electric Assumes 200 percent efficient air to air heat pump and gas assumes 90 percent efficient furnace 30 CITY OF CLEARWATER Rate Design – Key Findings and Recommendations » Key Findings – 1. Current PGA, ECA and RIA calculation includes a portion of dividend costs. 2. Residential base rate adjustments could be made while maintaining competitiveness with peer utilities and electric service. » Recommendations – 1. Consider reducing PGA/rate riders and increasing commodity charges to more closely align PGA/riders rate with PGA/riders costs. 2. Reset UIA to $0.00 in the beginning of FY 2024. 3. Exclude dividend costs from the calculation of PGA and riders. Recover these costs in base rates through the commodity charge. 4. Increase residential commodity charge from $0.44 to $0.56. 5. Increase non-residential commodity rates by $0.12 per therm. 6. Equivalent reduction in the PGA/rate riders. 7. Maintain Central Pasco Surcharges NATURAL GAS RATE STUDY REPORT 31 APPENDIX A: Proposed Rate Ordinance 1 Clearwater Gas System Comprehensive Natural Gas Utility Rate Study 1.Introduction 2.Rate Study Process 3.Financial Plan 4.Rate Recommendations 2 Agenda 3 Rate Study Process 1 Financial Plan Key Outcome – revenues that sustainably fund the ongoing provision of safe and reliable natural gas service and provide a rate of return to the City which is reasonable/competitive with peer utilities. 2 Cost of Service Analysis Key Outcome – revenue recovery from each customer class that reflects that class’s use of the gas system. 3 Rate Design Key Outcome – rates which reasonably align with class cost of service and meet the objectives of the City of Clearwater. Financial Plan Overview 1.Forecast Baseline Revenue 2.Forecast Operating and Capital Expenditures 3.Develop Cash Flow Forecast & Assess Revenue Sufficiency •Considerations ›Financial Plans driven by maintaining appropriate liquidity ›Capital costs have increased substantially since prior study ›Debt issuance assumed in 2025 to help cash flow 4 Financial Plan – Key Assumptions Forecast Baseline Revenue 1.Accounts: +1,400/yr 2.Usage 1.5-year avg. 2.2% usage growth/year 3.Pass Through Revenue a.PGA b.Taxes 5 $- $10.0 $20.0 $30.0 $40.0 $50.0 $60.0 $70.0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028Millions Existing Revenues Financial Plan Forecast Operating Expenses 1.97% realization factor 2.Inflation: 1.Rate has come down 2.Most costs have not come down 3.~3% blended rate 3.Pass-Through Expenses a.PGA b.Taxes 6 $- $10.0 $20.0 $30.0 $40.0 $50.0 $60.0 $70.0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028Millions PGA Expenses All Other Operating Expenses Existing Revenues Financial Plan Forecast Capital Expenses 1.Large upfront capital needs 2.Existing debt retired in 2027 3.Debt issuance assumed in 2025 4.Cash used for remaining needs 7 $- $5 $10 $15 $20 2024 2025 2026 2027 2028MillionsCapital Financing Sources Cash Debt $- $0.5 $1.0 $1.5 $2.0 $2.5 2024 2025 2026 2027 2028MillionsDebt Profile Existing New Financial Plan Forecast Capital Expenses 8 $- $10.0 $20.0 $30.0 $40.0 $50.0 $60.0 $70.0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028Millions PGA Expenses All Other Operating Expenses Debt Service PAYGO Capital Existing Revenues 1.Large upfront capital needs 2.Existing debt retired in 2027 3.Debt issuance assumed in 2025 4.Cash used for remaining needs Financial Plan – Key Assumptions Revenue Sufficiency 9 $- $10.0 $20.0 $30.0 $40.0 $50.0 $60.0 $70.0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028MillionsCash Flow Forecast PGA Expenses All Other Operating Expenses Debt Service PAYGO Capital Existing Revenues Proposed Revenues 0 50 100 150 200 250 300 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Days (Incl/PGA)147 131 131 129 126 Days (Excl/PGA)282 247 246 242 239 Target 180 180 180 180 180 Balance ($ millions)$19 $17 $18 $18 $18DaysReserve Balance Financial Plan Key Findings and Recommendations 1.Key Findings a.Projected expenses exceed projected revenues, due primarily to capital expenditures, inflation b.Liquidity position is strong, mitigating immediate need for additional revenue 2.Recommendation: Plan for projected increases in base rates in 2026 and 2028 to cover utility expenses and meet financial performance metrics. 10 Rate Recommendations Process, Findings and Recommendations 1.Process – Allocate costs to customer classes based on: a.Commodity (Average Usage) b.Capacity (Peak Day Usage) c.Customer (Readiness to Serve) 2.Findings a.Dividend currently recovered in PGA and Riders (ECA and RIA) b.Residential customers are paying less than cost of service. c.Non-Residential customers are paying more than cost of service. 3.Recommendations a.Shift dividend recovery from PGA and riders to base rates b.Reset UIA based on an average increase for residential and commercial 11 Rate Recommendations 12 [1] Based on current PGA of $0.69 [2] Based on reduction in PGA, ECA and RIA to reflect dividend shift and reduction in PGA based on projected cost of gas. Customer Class Existing Bill [1] Proposed Bill [2]$ Change % Change Residential Service (RS) - Summer $ 29.00 $ 28.79 $ (0.21)-1% Residential Service (RS) - Winter $ 55.00 $ 54.36 $ (0.64)-1% Small Multi-Family Residential Service (SMF)$ 90.00 $ 88.93 $ (1.07)-1% Medium Multi-Family Residential Service (MMF)$ 3,420.00 $ 3,364.35 $ (55.65)-2% Large Multi-Family Residential Service (LMF)$ 420.00 $ 414.65 $ (5.35)-1% Small General Service (SGS)$ 478.82 $ 451.51 $ (27.31)-6% Medium General Service (MGS)$ 3,181.59 $ 2,986.49 $ (195.09)-6% Large General Service (LGS)$ 13,477.98 $ 12,619.57 $ (858.40)-6% [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 1 ORDINANCE NO. 9433-21-C9739-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 2020 2023 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since November March 1, 201421; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 2 Sec. 32.330. Unified system. All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the City of Clearwater, d/b/a Clearwater Gas System (CGS). If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with CGS. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. Tapping of all gas mains and service connections shall be done by CGS or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city property shall be maintained by CGS and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP (propane) gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities and have attained a successful final gas inspection. Only CGS employees and contractually approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 3 CGS shall have the right to meter any and all gas service lines. CGS alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e., not expected to be enclosed by fencing or hedges. Locations that have multiple gas meters shall have them installed in the same point of service area as described above. Each gas meter and service regulator and propane LP tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 4 In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. CGS reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of three two percent (2%) as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering. No person other than an agent of the city shall remove, inspect or alter any part of the gas piping system leading up to and including the gas meter. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 5 The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. CGS retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS Executive Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . . . . . . . . . $1416.00* Non-fuel energy charge, per therm . . . . $0.44$0.56 [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 6 Minimum monthly bill . . . . . . . . . . . . . . . $1416.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0 - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.5644 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000 - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.5644 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.5644 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0 - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.5038 [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 7 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000 - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . .$0.4634 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.4230 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically commercial and industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the CGS, subject to penalties for failure to comply. Monthly customer charge . . . . . . . . . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.284 Minimum monthly bill . . . . . . . . . . . . . . . $250.00 [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 8 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of February 28January 31, 20214, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract customers are charged for a contracted Purchased Gas Adjustment (PGA) charge but no other gas rider charges. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of February 28January 31, 20214, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 9 RESERVED FOR FUTURE USE (k) General natural gas air conditioning/emerging technology service (rate GAC): RESERVED FOR FUTURE USE (l) Large natural gas air conditioning/emerging technology service (rate LAC): RESERVED FOR FUTURE USE (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas located in the right of way or private property, to include service for all types of decorative lighting to enhance ambient conditions. Service may be either metered or contracted with an estimated annual usage when metering is not operationally feasible. The customer may elect to either: • subscribe for normal street lighting maintenance and relighting labor service, or • call CGS for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or • maintain their own lights. Repair equipment and/or parts supplied by CGS will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of-way permitting and utilization charges. The standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge . . . . . . . . . . . . $20.00 * Non-fuel energy charge, per therm . . . . .$0.260 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . . . . . . . . . . . . $20.00 * * Monthly customer charge not applicable if another customer charge is being billed at the same premise. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 10 Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through CGS for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract PGA will be utilized, but no otherNo gas rider charges will apply for this rate class unless contracted for or listed below. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by CGS. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager or designee, except that contracts, under section (i) Contract Natural Gas Service [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 11 Rate (CNS), may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." Contract PGA will be utilized but no other gas rider charges will apply unless contracted for. (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . . . . . . . . . $50.00 Non-fuel energy charge, per therm . . . . .$0.4438 Minimum monthly bill . . . . . . . . . . . . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by CGS, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year-round, whole house water heating as a minimum criteria for qualifying for service. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 12 (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge* 0 No Fills in Past 12 Months $1.80 $375395.00 1 0.1--- 60 $1.80 $250270.00 2 60.1---120 $1.60 $205225.00 3 120.1---300 $1.00 $115135.00 4 >300 $0.90 $100120.00 *Note: The Non-refundable Annual Customer Charge will increase by $20 per year, effective 3/1/22, for all Usage Classes. (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year-round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 13 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge* 0 No Fills in Past 12 Months $1.80 $375395.00 1 0.1 – 60.0 $1.80 $235255.00 2 60.1 - 120 $1.60 $175195.00 3 120.1 - 300 $0.90 $100120.00 4 >300 $0.80 $85105.00 *Note: The Non-refundable Annual Customer Charge will increase by $20 per year, effective 3/1/22, for all Usage Classes. (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . . $1416.00* Non-Fuel Energy Charge Per gallon . . . . . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . . . . . .$146.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22. (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 14 Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non- refundable Annual Customer Charge 1 0---2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) units or fewer. Monthly customer charge . . . . . . $146.00* Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . $1416.00* *Note: Monthly customer charge and Minimum monthly bill amount will increase to $16 per month, effective 3/1/22. (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0---2,500 gallons. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 15 Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.30 Minimum monthly bill . . . . . . . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . . . $40.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.25 Minimum monthly bill . . . . . . . . . . $40.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered, or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 16 Contract PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Standard PGA charges will be utilized but no other gas rider charges will apply unless contracted for. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Commercial Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year-round purposes. Monthly customer charge . . . . . . $50.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . $1.00 Minimum monthly bill . . . . . . . . . . $50.00 [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 17 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Commercial Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year-round purposes. Annual customer charge . . . . . . . $420.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. Standard PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of CGS served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 18 On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by CGS at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of CGS’s purchased gas supply, including losses and use by gas system facilities/equipment and other [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 19 applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . . . $0.63 57 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . $0.5348 Propane (LP) gas rate schedule PGA, Per gallon . . . $1.3965 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for March 1, 2021February 1, 2024. These PGA rates will normally be adjusted on a annually quarterly basis in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 20 Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System Executive Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by CGS as approved by the Gas System Executive Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . .$0.18 13 Propane (LP) Gas Rate Schedule ECA, per gallon . . . $0.18 13 The above ECA rates are as currently approved for March 1, 2021February 1, 2024. These ECA rates will normally be reviewed annually in October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 21 contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on CGS by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.0001 Propane (LP) gas rate schedule RIA, per gallon . . . . $0.0001 The above RIA rates are as currently approved for March 1, 2021February 1, 2024. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on CGS by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non-contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to CGS due to changes in use per customer from the test year values as set in the 20230 Gas Rate Study (see below) as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.007 for Residential $0.0013 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . . $0.07 00 for Residential $0.13 00 for Commercial [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 22 The above UIA rates are as currently approved for March 1, 2021February 1, 2024 and incorporate revenue shortfalls from Fiscal Year 2020 and 2021 prior to this Ordinance being approved. Future UIA adjustments will be based on the current rate ordinance. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U (South Region) as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is August 20230 Gas Rate Study projected index of 298.975249.639) Residential Use per customer based on 19585 annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on 5,501877 annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non-contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by CGS on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of CGS sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and CGS will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 23 municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever gas services are rendered to the customer: The miscellaneous rates listed in this section may be reviewed and adjusted from time-to-time by the Gas Executive Director, with the approval of the City Manager or designee. Additionally, the Gas Executive Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 1. Meter and/or Pilot light turn-on (Residential): Account for new customers, seasonal reconnects, and after nonpayment disconnect. Scheduled two (2) business days or beyond . . . $ 65.00 Scheduled next business day or beyond. . . . . . . . . . . . . . .$ 80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2. Meter and/or Pilot light turn-on (Commercial/Industrial): Account for new customers, seasonal reconnects, and after nonpayment disconnect (up to 4 appliances). Scheduled two (2) business days or beyond . . . $135.00 Scheduled next business day or beyond . . . . . . . . . . . . . . .$175.00 Scheduled same business day . . . . . . . . . . . . . .$215.00 * Beyond 4 appliances, per each, add $20.00 3. Meter read for account change (no meter turn-on required). Scheduled two (2) business days or beyond . . . $ 50.00 Scheduled next business day or beyond . . . . . . . . . . . . . . .$ 6550.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 4. Replace broken stop or locks on meters . . . Time and materials 5. Meter or LP Tank Connection or Re-connection to customer-owned piping system . . . Time and materials 6. Relocate gas meter . . . Time and materials [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 24 7. Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials 8. Standard Time and Labor Rates: Service and Repair, Installation, Maintenance or other work performed by CGS personnel, plus any applicable material charges: 1-person crew . . . $125180.00 for Trip Charge and up tothe first 1 hour of labor, plus $2535.00 for each additional time on-site/quarter hour or portion thereof. Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2-person crew. . . $195250.00 for Trip Charge and up tothe first 1 hour of crew hour of labor, plus $4050.00 for each additional time on-site/quarter hour or portion thereof. Minimum charge is $80.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Time and Labor Rates are based on work within the CGS Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. 9. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours, including weekends and holidays . . . Double normal applicable charges 10. Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours, including weekends, and holidays . . . Double same day charge 11. Special meter reading at customer request, as scheduled by CGS, including billing inquiries where reading is determined to be accurate (per account) . . . . . . . . . . . . . . . . . . . $5065.00 12. Gas meter test at customer request, as scheduled by CGS, if results are within limits (per meter) . . . . . . . . . $150.00 [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 25 13. Reset residential gas meter after same customer requests removal (per meter), as scheduled by CGS . . . $150.00 14. Unauthorized tampering meter bypass or hookup . . . Time and materials plus ten percent (10%) of the average monthly bill for each day since last reading deemed to be accurate 15. Emergency response for non-CGS consumers or other utilities . . . Time and materials 16. Propane Fuel recovery and ownership of L.P. gas from tank . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master-metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials 17. Collector fee: See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 18. Dishonored check service fee: See Code of Ordinances, Section 2.528 19. Missed appointment - Customer not present at time as arranged or equipment not accessible. Residential and Commercial . . . $50.00 [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 26 20. Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $55.00 trip charge if the customer requesting scheduled delivery for 2 business day out and no more than 4 business days $75.00 trip charge for next business day (or beyond) delivery $150.00 trip charge for same business day delivery service requests during normal business hours $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required (CGI). 21. A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. 22. Leak investigation (make safe only) . . . No charge If turn-on of pilots the applicable charges apply Additional repairs . . . Time & Materials 23. Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. 24. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within CGS service territory, shall be required to notify the one call notification system 48 hours excluding weekends [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 27 and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). If a person or company causes damage to an above or underground pipeline facilities owned by CGS and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor costs associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to CGS upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by CGS: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute CGS personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of CGS to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application provides a profit margin to CGS greater than the capital investment to serve such a customer as outlined in section (4)(d)2 below and the alternative energy source generates more greenhouse gas emissions than natural gas. (c) Rate schedule reductions or minor changes: The City Manager, or designee, is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 28 with achieving the "cost of service based rates" as recommended in the most recent rate study done for CGS. (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, CGS will extend service to the prospective customer under the following conditions: 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the reliability and/or quality of gas service to existing customers. 2. Main and Service line extension construction feasibility. The maximum capital investment which will be made by CGS to extend main lines and service lines to serve a new customer(s) shall be 10 times the annual Non-Fuel Energy (NFE) Rate times the Calculated Annual Therms/Gallons (CAT/CAG) to be derived from the facilities PLUS 10 times the annual gas customer charge revenues. The formula shall be: 10 x (NFE Rate) x (CAT or CAG) + 10 x (Annual Customer Charge Revenues)______ = Maximum Investment for Construction Feasibility In order to qualify for the above CGS Capital Investment, Residential customers must maintain a year-round gas utility account and install a minimum one (1) year-round appliance (i.e., Water heater, furnace, dryer, cooking) AND a secondary gas appliance, which can be year-round or seasonal/intermittent (i.e., pool/spa heating, fireplace, generator, grills) AND have a minimum of 150 CAT/CAG consumption. All appliance consumption amounts (i.e., CAT/CAG) and “year-round” or “seasonal” determination will be set by CGS departmental policy. All line extension feasibilities for commercial and industrial customers will solely rely on the Capital Investment formula listed in this section. 3. Customer contribution required. If the capital construction costs to extend the main and/or service line exceed the Maximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a Contribution In Aid of Construction (CIAC) to cover the excess investment amount or satisfy this [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 29 deficiency by entering into a Facilities Contract Charge (FCC) rider sufficient to cover this deficiency within a period of 10 years. 4. Refund of Customer Contribution in Aid of Construction. a. At the end of the first year following the date on which Gas Service to the customer meter is turned on, at the Customer’s request, CGS shall recalculate the Maximum Investment for Construction Feasibility and determine if any customer CIAC should be refunded. A re-estimation of the annual revenue (considering the actual revenue derived during the first year) shall be used in such recalculation. CGS shall refund to the customer an amount equal to the positive difference (if any) determined by subtracting the Maximum Investment for Construction Feasibility as originally calculated under section (4)(d)2, to the actual revenues received pursuant to the provisions of section (4)(d)2. b. For each additional customer taking Gas Service from any point on an extended Main or Service facilities within a period of two (2) years from the in-service date of a main extension, CGS shall refund to the customer(s), who provided a CIAC, provided this customer requested refund consideration as described in paragraph 4a above, the amount by which the Maximum Investment for Construction Feasibility of the new customer exceeds the cost of connecting such new customer, provided that an additional Main extension shall not have been necessary to serve such additional customer. c. The aggregate refund to any customer made through the provisions of (a) and (b) above shall not exceed the original CIAC of such customer. d. The extension shall at all times be the property of CGS, and any unrefunded portion of said CIAC at the end of two (2) years shall accrue to CGS. 5. Conversion of equipment to natural gas. CGS will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year-round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make-up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 30 inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of CGS for a period to allow for recovery of Clearwater Gas costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires CGS to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse CGS for all or any part of the costs incurred to accomplish such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by CGS (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the CGS Executive Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after March February 1, 20212024. [GM19-2064-094/263624/1] Ordinance No. 94339739-21 Page 23 Page 31 PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ Frank V. HibbardBrian J. Aungst, Sr. Mayor Approved as to form: Attest: ____________________________ _____________________________ Laura MahonyMichael Fuino Rosemarie Call Senior Assistant City Attorney City Clerk [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 1 ORDINANCE NO. 9739-23 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING THE CODE OF ORDINANCES, CHAPTER 32, UTILITIES, ARTICLE VIII, GAS, PROVIDING FOR THE USE OF SUBCONTRACTORS IN THE FULFILLMENT OF GAS SERVICES, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, SECTION XXV, CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES, TO REVISE RATES FOR CLEARWATER GAS SYSTEM CUSTOMERS IN ACCORDANCE WITH THE 2023 CLEARWATER COST OF SERVICE AND RATE STUDY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Gas System wishes to revise the code of ordinances to provide for certain operational updates; and WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since March 1, 2021; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Article VIII of the Code of Ordinances of the City of Clearwater is hereby amended as follows: Article VIII. GAS Sec. 32.330. Unified system. [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 2 All municipal utility properties of the city supplying gas service in and to the city and citizens and inhabitants and users thereof shall be controlled, operated and maintained as provided in section 32.001. See appendix A to this Code, for gas system deposits, fees, service charges and rate schedules. Sec. 32.331. Gas code. The installation of gas pipes, fixtures, appliances and other equipment and appurtenances shall be installed in accordance with the gas code of the city, as adopted in section 47.051, Development Code of the City of Clearwater. The installation of the customer’s gas piping system, fixtures, appliances, and other equipment and appurtenances shall be installed in accordance with the latest edition of the Florida Building Code/ICC “Fuel Gas” and the latest edition of NFPA 58 LP Gas Code, or subsequent adopted replacement codes. Sec. 32.332. Application for service. An application for gas service shall be filed with the City of Clearwater, d/b/a Clearwater Gas System (CGS). If a building permit is required, a separate application for a building permit shall be filed with the building division. The applicant shall pay gas system deposits, fees or connection charges at the time the application is filed with CGS. Sec. 32.333. Permit. See city gas code, as adopted by section 47.051, Development Code of the City of Clearwater, for provisions regarding gas permits pursuant to this article. All installation work of the consumer’s piping system and appurtenances shall require applicable permits and successful inspections by the applicable jurisdictional authority. Sec. 32.334. Tapping and connection. Tapping of all gas mains and service connections shall be done by CGS or an authorized contractor for the city. Title to all service connections from the main to the meters and meter installations is vested in the city, and the same shall at all times be the sole property of the city and shall not be trespassed upon or interfered with in any respect. Such city property shall be maintained by CGS and may be removed or changed by it at any time. Only licensed gas or plumbing contractors shall make the final connection between CGS gas meter or LP (propane) gas service lines and the customer’s gas piping and only after proper permits have been issued by the appropriate jurisdictional authorities and have attained a successful final gas inspection. Only CGS employees and contractually approved subcontractors of CGS are permitted to turn on gas and initiate service. Sec. 32.335. Maintenance of meters and service lines. [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 3 CGS shall have the right to meter any and all gas service lines. CGS alone shall have the right to stipulate the size, type, make and location of meters, type of meter setting, and the gas delivery pressure. All meters shall be maintained by the City. The customer shall be held responsible for damage to a meter or service line when such damage results from the negligence of the customer. When such damage occurs, the city will furnish and set another meter and repair the damaged meter or make other necessary repairs, and the cost of such repairs, including replacement parts, labor and transportation charges, shall be paid by the customer. Sec. 32.336. Meters and LP Tank Locations and delivery pressure. Gas service will be delivered to the customer for each premise at one (1) point of service. The location of the meter or tank will be designated by the applicable gas system representative and will typically be within ten (10) feet of the nearest corner of the premise to the gas main and in a location that is expected to be maintained by the customer as accessible, i.e., not expected to be enclosed by fencing or hedges. Locations that have multiple gas meters shall have them installed in the same point of service area as described above. Each gas meter and service regulator and propane LP tank shall be installed in a location readily accessible for reading, inspection, repairs, testing and changing of the meter/tank and operation of the gas shutoff valve, and shall be protected from corrosion and other damage. The customer is responsible for maintaining bushes, vegetation, sprinklers, etc. clear from the meter/tank to allow access and good operational performance. Sprinklers and their flow must be maintained clear of the meter/tank to avoid premature corrosion. Upon discovery of a deficiency and notification to the customer, remedial actions must be made including potentially requiring the relocation of the gas facilities to ensure life safety and to maintain required clearances. If this work is done by CGS personnel, then normal Time and Material charges will apply. The standard delivery pressure of natural gas at the point of delivery to the consumer (the meter) is established at the option of CGS at either 2 pounds per square inch (PSI) or seven (7) inches water column (approximately ¼ PSI) and for propane (LP) from the tank is established at the option of CGS at either eleven (11) inches water column (approximately 3/8 PSI) or 2 PSI. An optional delivery pressure above the standard may be requested by the customer or the customer’s contractor in advance and may be approved at the sole discretion of CGS. There are advantages to each pressure and not all may be operationally available at any given location. Sec. 32.337. Status of gas quantity recorded. The quantity of gas recorded by the meter shall be conclusive, except when the meter is found to be registering inaccurately or has ceased to register. [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 4 In such cases, the quantity may be determined by the average registration of the meter in a corresponding past period or by the average registration of the new meter, whichever method is, in the opinion of the city, representative of the conditions existing during the period in question. Sec. 32.338. Testing. CGS reserves the right to remove or test any meter at any time and to substitute another meter in its place. In case of a disputed account involving the question of accuracy of the meter, the meter will be tested by the city upon written request of the customer. The customer agrees to accept the results of the test made by the city. If the meter tested is found to have an error in registration in excess of two percent (2%) as based on the arithmetical average of one-fourth load and full load of the meter, there will be no charge for the testing; but should the test show error in registration less than three percent there shall be a charge for testing the meter. The billing for the testing will be charged to the customer's account. Sec. 32.339. Tampering. No person other than an agent of the city shall remove, inspect or alter any part of the gas piping system leading up to and including the gas meter. The customer shall notify the city of any damage to or any failure of the meter or service line. Sec. 32.340. Authority to turn on gas. (1) Generally. It shall be unlawful for any person other than a CGS employee or a specifically designated and approved agent of the City to turn on, or in any way alter or damage, any gas meter which has been turned off by the City. The customer serviced by the meter shall be held responsible for any actions. (2) Unauthorized connections. A fee shall be charged for the removal of any device which has been installed in lieu of or in addition to a gas meter, except where the pipe or device has been authorized in writing by the City. (3) Open meter bypass servicing. A fee, over and above the bill established from the meter reading, shall be charged for the service of turning off the meter bypass valve, when such opening was not previously authorized in writing by the City. (4) Broken stop locks. A replacement fee shall be charged for the replacement of meter stop locks which have been broken or removed. Sec. 32.341. Responsibility for gas in service lines. [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 5 The City is responsible for the gas contained within the service lines. The term "service line" means a distribution line that transports gas from a common source of supply to a customer meter outlet or the outlet of the second stage LP gas regulator connection to a customer's house piping, or the connection to a customer's piping if there is no customer meter. A customer meter is the meter that measures the transfer of gas from CGS, the gas supplier, to a consumer. The customer is responsible for all maintenance, line locating, and repair of their customer-owned piping system, which is beyond the gas meter outlet or beyond the outlet of the second stage LP gas regulator. Sec. 32.342. Optional Services provided by Clearwater Gas System beyond the meter/LP tank. The provision of propane (LP) gas service, gas service and repair services, gas installation services, and gas appliance/equipment sales are all competitive services rendered in the market place by other providers. CGS retains the sole right to elect where and when to provide these optional services at the sole discretion of the CGS Executive Director. At any time, CGS may elect to discontinue providing these optional services and may instruct the customer to acquire same from another market vendor of these services. Section 2. That Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows: XXV. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (§ 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System (CGS), based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas service for domestic uses in all residences of three units or fewer. Monthly customer charge . . . . . . . . . . . . $16.00 Non-fuel energy charge, per therm . . . . $0.56 [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 6 Minimum monthly bill . . . . . . . . . . . . . . . $16.00 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0 - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.56 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000 - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . $0.56 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (d) Large multi-family residential service (rate LMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four or more and the total annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.56 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 0 - 17,999 therms. Monthly customer charge . . . . . . . . . . . . $25.00 Non-fuel energy charge, per therm . . . . $0.50 Minimum monthly bill . . . . . . . . . . . . . . . $25.00 [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 7 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000 - 99,999 therms. Monthly customer charge . . . . . . . . . . . . $40.00 Non-fuel energy charge, per therm . . . . .$0.46 Minimum monthly bill . . . . . . . . . . . . . . . $40.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge . . . . . . . . . . . . $95.00 Non-fuel energy charge, per therm . . . . $0.42 Minimum monthly bill . . . . . . . . . . . . . . . $95.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for commercial and industrial applications where the customer's annual consumption at the premise is 100,000 therms or more; and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the CGS, subject to penalties for failure to comply. Monthly customer charge . . . . . . . . . . . . $250.00 Non-fuel energy charge, per therm . . . . $0.28 Minimum monthly bill . . . . . . . . . . . . . . . $250.00 Plus the non-fuel therm rate for the minimum number of contract therms per day Note: All customers being served under Contract Rates as of January 31, 2024, will be allowed to remain on their existing [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 8 contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the City Manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and special rates with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the City. Contract customers are charged for a contracted Purchased Gas Adjustment (PGA) charge but no other gas rider charges. Monthly customer charge.... The same as the normally applicable service class Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contract level of monthly consumption Note: All customers being served under Contract Rates as of January 31, 2024, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. (j) Residential natural gas air conditioning/emerging technology service (rate RAC): RESERVED FOR FUTURE USE (k) General natural gas air conditioning/emerging technology service (rate GAC): RESERVED FOR FUTURE USE (l) Large natural gas air conditioning/emerging technology service (rate LAC): [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 9 RESERVED FOR FUTURE USE (m) Natural gas street lighting service (rate SL): Natural gas service for lighting of public areas located in the right of way or private property, to include service for all types of decorative lighting to enhance ambient conditions. Service may be either metered or contracted with an estimated annual usage when metering is not operationally feasible. The customer may elect to either: • subscribe for normal street lighting maintenance and relighting labor service, or • call CGS for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or • maintain their own lights. Repair equipment and/or parts supplied by CGS will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed including any right-of- way permitting and utilization charges. The standard PGA will be utilized, but no other gas rider charges will apply unless contracted for. Monthly customer charge . . . . . . . . . . . . $20.00 * Non-fuel energy charge, per therm . . . . .$0.26 Normal maintenance and relighting labor service charge, per therm . . . . $0.15 additional Plus any required equipment/parts Minimum monthly bill . . . . . . . . . . . . . . . $20.00 * * Monthly customer charge not applicable if another customer charge is being billed at the same premise. Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through CGS for supply to another gas system or an individual customer. This is a contract natural gas service and must be approved by the City Manager or designee. Provision of this service must fall within the normal [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 10 construction feasibility formula to insure a profitable payback to the City. No gas rider charges will apply for this rate class unless contracted for or listed below. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non-fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (o) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling and for Compressed Natural Gas (CNG) Fueling Stations operated by CGS. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the City. NGV fleet services will be separately metered and must service exclusively fleet fueling facilities. CNG Fueling Station rates will be metered through dispensing apparatus and billed at rates similarly approved by the City Manager or designee, except that contracts, under section (i) Contract Natural Gas Service Rate (CNS), may be established for certain customer fleets based on volumes. Note: This rate is not applicable for residential or small general service rate applications (fewer than 18,000 therms of annual use for the customer’s fleet vehicles). Such non-fleet applications will be billed under the customer’s normal rate applicable to the premise, but a separate meter may be requested by the customer to allow [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 11 measurement for federal or state excise tax credit purposes. Where an additional meter is requested, CGS may charge for its initial installation and any future additional maintenance required but will not add an additional monthly customer charge to the premise. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline or diesel." Contract PGA will be utilized but no other gas rider charges will apply unless contracted for. (p) Natural gas emergency generator or other standby service (rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. Note: This rate is not applicable for Residential single-family applications. Such residential emergency generator applications are handled under the RS rate application. Monthly customer charge . . . . . . . . . . . . $50.00 Non-fuel energy charge, per therm . . . . .$0.44 Minimum monthly bill . . . . . . . . . . . . . . . $50.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. The following rates shall apply to all customers who are provided the availability of propane (LP) gas service by CGS, based on their applicable class of service. Clearwater Gas requires all residential customer accounts have year-round, whole house water heating as a minimum criteria for qualifying for service. (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for “year round” domestic uses (such as water heating, cooking, heating, clothes drying, and lighting) in all residences of three (3) units or fewer. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 12 0 No Fills in Past 12 Months $1.80 $395.00 1 0.1--- 60 $1.80 $270.00 2 60.1---120 $1.60 $225.00 3 120.1---300 $1.00 $135.00 4 >300 $0.90 $120.00 (b) Residential "Will Call" Propane Gas Service (Rate WRLP: Bulk delivered LP Service for all customers with exclusively “leisure living” domestic uses (such as pool/spa heating, fireplaces, and grills) plus customers with “year-round” appliances who request “will call” status in all residences of three (3) units or fewer. A “Will Call” customer is responsible for monitoring tank fuel level, assessing when they will need a fill, and requesting propane delivery. No trip charge for delivery if customer can wait for a normally scheduled four (4)-business day delivery. Trip charges for early delivery are located in (3)(h). Note that the four (4) business days start on the next business day after the customer’s request, i.e. if the customer calls with a “Will Call” fill request on Monday, then we will fill no later than the following Friday. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 0 No Fills in Past 12 Months $1.80 $395.00 1 0.1 – 60.0 $1.80 $255.00 2 60.1 - 120 $1.60 $195.00 3 120.1 - 300 $0.90 $120.00 [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 13 4 >300 $0.80 $105.00 (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system serving multiple customers.) Monthly Customer Charge . . . . . $16.00 Non-Fuel Energy Charge Per gallon . . . . . . . . . . . . . $0.90 Minimum Monthly Bill . . . . . . . . . .$16.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Energy Charge per Gallon Non-refundable Annual Customer Charge 1 0---2500 $0.25 $90.00 2 >2500 $0.20 $90.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) units or fewer. Monthly customer charge . . . . . . $16.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 14 Minimum monthly bill . . . . . . . . . $16.00 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $1.90 Minimum monthly bill . . . . . . . . . . $25.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0---2,500 gallons. Monthly customer charge . . . . . . $25.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.30 Minimum monthly bill . . . . . . . . . . $25.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge . . . . . . $40.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . $0.25 Minimum monthly bill . . . . . . . . . . $40.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered, or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 15 applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions is required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. The same as the normally applicable service class Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. Note: All customers being served under Contract Rates as of February 28, 2021, will be allowed to remain on their existing contracts until their next expiration date, at which time that contract will automatically be discontinued, and the customer will be moved to the applicable standard rate unless a new contract is executed. Contract PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (j) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the City Manager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Note: This rate is not applicable for residential or small general service rate applications (fewer than 20,000 gallons of annual use for the customer’s fleet vehicles). LPV services will be on a separate account servicing exclusively fleet fueling facilities. Monthly customer charge. $40.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Non-fuel energy charge. Per gallon as established by contract, which includes any applicable customer-specific or public, fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Standard PGA charges will be utilized but no other gas rider charges will apply unless contracted for. [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 16 Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Commercial Propane Metered Gas Emergency Generator or Other Standby Service (Rate LPSM): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year-round purposes. Monthly customer charge . . . . . . $50.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . $1.00 Minimum monthly bill . . . . . . . . . . $50.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (l) Commercial Propane Bulk-Delivered Gas Emergency Generator or Other Standby Service (Rate LPSB): LP gas service to an account separately established for back-up service, where no other substantial gas service is used for year-round purposes. Annual customer charge . . . . . . . $420.00 Non-fuel energy charge: Per gallon . . . . . . . . . . . . . . . $1.00 Initial delivery charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer) plus the initial annual customer charge. Standard PGA charges will be utilized, but no other gas rider charges will apply unless contracted for. (m) Effect of Energy Conservation Measures on Usage Classes in (a) and (b) above: Should the customer install a more energy efficient appliance or appliances while a customer of CGS and this causes their usage to drop, such that their Usage Class would change thereby increasing the Annual Customer Charge and/or the Non-Fuel Energy Rate, then the estimated effect of the more efficient appliance on annual usage may be added to the actual annual usage to determine the customer’s applicable Usage Class. This is [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 17 intended to ensure that the customer is not adversely impacted for such energy efficient installation. (3) Other gas charges. The following charges and fees may also be applied to customers of CGS served under an applicable natural gas or propane (LP) gas service rate: (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the City Manager or designee. Time-limited FCC charges.... A monthly flat or per unit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charges may include other applicable costs associated with furnishing the requested facilities, including financing costs. Where such FCC charges result from the additional costs incurred by CGS at the request of the developer to achieve feasibility, such FCC charges are binding upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the project. [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 18 Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such service. This will be calculated and may be updated from time-to-time by the gas system and approved by the City Manager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of CGS’s purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm. . . . $0.57 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . $0.48 Propane (LP) gas rate schedule PGA, Per gallon . . . $1.65 The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for February 1, 2024. These PGA rates will normally be adjusted on a quarterly basis with the approval of the City Manager or designee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the City Manager or designee. The differential between the Natural Gas firm standard rate schedules PGA and the Natural Gas Interruptible and contract (non-standard) rate schedules PGA will be established and approved by the City Manager or designee for each annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 19 specific gas purchases for specific targeted customer(s) based on contract. Additionally, a fixed monthly amount may be added to the customer charge of applicable classes of natural gas service rates to recover the estimated impact of the added costs associated with gas purchased through a third-party transporter (including generally east of the Suncoast Parkway in Pasco County). These added monthly customer charges shall be credited to the overall PGA recovery account and will be initially set at: Residential ……………………………………….. $ 8.00 per month Small General Service & Multi-Family ..………. $ 15.00 per month Medium General Service & Multi-Family … ….. $ 30.00 per month Large General Service & Multi-Family ………... $ 65.00 per month Interruptible Service …………………………….. $150.00 per month Contract Rates --- Apply the same as the normal class of customer using the above schedules based on usage level Similarly, a differential between LP Gas standard rates and contract LP rates may be computed to exclude a portion of the other costs attributed to LP PGA other than physical gas. This differential will be calculated by the Gas System Executive Director annually based on historical costs and will be approved by the City Manager or designee. The gas system may also segment specific LP gas purchases for specific targeted customer(s) based on contract. These added monthly customer charges may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected added PGA costs. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non-contract propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by CGS as approved by the Gas System Executive Director. The ECA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . .$0.13 Propane (LP) Gas Rate Schedule ECA, per gallon . . . $0.13 The above ECA rates are as currently approved for February 1, 2024. These ECA rates will normally be reviewed annually in [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 20 October and may be adjusted upward or downward from time-to-time with the approval of the City Manager or designee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the City Manager or designee. (d) Regulatory imposition adjustment (rider RIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract propane (LP) gallon rates to recover the cost of environmental, operator qualification, distribution integrity, inspection, survey, and other regulatory imposed program requirements imposed on CGS by federal, state or local regulatory agencies. The RIA will not be applied to interruptible natural gas or other non-standard contract rates. The currently calculated RIA rates are: Natural Gas Rate Schedule RIA, per therm . . . . $0.01 Propane (LP) gas rate schedule RIA, per gallon . . . . $0.01 The above RIA rates are as currently approved for February 1, 2024. Note that this RIA rider incorporates the former Environmental Imposition Adjustment (EIA), which covers the environmental project costs as well as the labor and other costs attributable to such environmental projects. This RIA also includes Other Regulatory Adjustment (ORA) charges, such as operator qualification, distribution integrity, required inspections, survey and other regulatory imposed program requirements and regulatory fees imposed on CGS by federal, state or local regulatory agencies. These RIA rates (EIA + ORA) will normally be reviewed annually in October and may be adjusted upward or downward from time to time to reflect the over or under recovery of these RIA costs at the discretion of the City Manager or designee. (e) Usage and Inflation adjustment (rider UIA): A rider applicable to all standard non-contract natural gas therm rates and standard non- contract propane (LP) gallon rates to recover loss of planned base non-fuel revenues to CGS due to changes in use per customer from the test year values as set in the 2023 Gas Rate Study (see below) [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 21 as well as the change in inflation as measured by the Consumer Price Index for U. S. City average of all urban consumers (CPI-U). The currently calculated UIA rates are: Natural gas rate schedule UIA, per therm . . . . $0.00 for Residential $0.00 for Commercial Propane (LP) gas rate schedule UIA, per gallon . . . . $0.00 for Residential $0.00 for Commercial The above UIA rates are as currently approved for February 1, 2024. Future UIA adjustments will be based on the current rate ordinance. The UIA rates may be implemented at the sole discretion of the City Manager or designee based on variations from the most recent established Gas Rate Study values: CPI-U (South Region) as prepared by the U. S. Department of Labor, Bureau of Labor Statistics (basis is August 2023 Gas Rate Study projected index of 298.975) Residential Use per customer based on 195 annual therms/natural gas single-family customer. Note that this factor may be applied to all residential standard (non-contract) rate classes for natural gas as well as propane. Commercial Use per customer based on 5,501 annual therms/natural gas standard and contract general service customers excluding Interruptible customers. Note that this factor may be applied to all general service standard (non-contract) rate classes for natural gas as well as propane. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by CGS on every purchase of gas within a municipality or county area to recover the costs assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of CGS sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 22 impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent (6.0%) payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and CGS will bill this in the same manner as if it were a franchise fee. (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time to time on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever gas services are rendered to the customer: The miscellaneous rates listed in this section may be reviewed and adjusted from time-to-time by the Gas Executive Director, with the approval of the City Manager or designee. Additionally, the Gas Executive Director may approve “Contract Service Charge Rates” for customers who regularly use CGS’ Service & Repair and will contractually subscribe for such use. 1. Meter turn-on (Residential): Account for new customers, seasonal reconnects, and after nonpayment disconnect. Scheduled next business day or beyond. . . . . . .$ 80.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 2. Meter turn-on (Commercial/Industrial): Account for new customers, seasonal reconnects, and after nonpayment disconnect (up to 4 appliances). Scheduled next business day or beyond. . . . . . .$175.00 Scheduled same business day . . . . . . . . . . . . . .$215.00 * Beyond 4 appliances, per each, add $20.00 3. Meter read for account change (no meter turn-on required). Scheduled next business day or beyond. . . . . . .$ 50.00 Scheduled same business day . . . . . . . . . . . . . .$140.00 4. Replace broken stop or locks on meters . . . Time and materials 5. Meter or LP Tank Connection or Re-connection to customer- owned piping system . . . Time and materials [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 23 6. Relocate gas meter . . . Time and materials 7. Install bumper posts or other necessary protection for meters, LP tanks, or other gas equipment …. Time and materials 8. Standard Time and Labor Rates: Service and Repair, Installation, Maintenance or other work performed by CGS personnel, plus any applicable material charges: 1-person crew . . . $180.00 for the first 1 hour of labor, plus $35.00 for each additional time on-site/quarter hour or portion thereof. Minimum charge is $50.00 for the trip if no labor is performed or if the customer does not show for an appointment. 2-person crew. . . $250.00 for the first 1 hour of labor, plus $50.00 for each additional time on-site/quarter hour or portion thereof. Minimum charge is $80.00 for the trip if no labor is performed or if the customer does not show for an appointment. The above Time and Labor Rates are based on work within the CGS Natural Gas Service Territory. Where customers request work to be done outside of the normal CGS Service Territory . . . Added time will be assessed for the travel to and from the Territory border to the Customer’s Site. The time and trip charges associated with providing all quotes and developing plans will be added to the cost of the billed job. 9. Overtime surcharge for all work including installation, service and repair, and maintenance as requested by the customer for after operational hours, including weekends and holidays . . . Double normal applicable charges 10. Overtime surcharge for call-out turn-ons or lighting of pilots as requested by the customer for after operational hours, including weekends, and holidays . . . Double same day charge 11. Special meter reading at customer request, as scheduled by CGS, including billing inquiries where reading is determined to be accurate (per account) . . . . . . . . . . . . . . . . . . . $65.00 12. Gas meter test at customer request, as scheduled by CGS, if results are within limits (per meter) . . . . . . . . . $150.00 [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 24 13. Reset residential gas meter after same customer requests removal (per meter), as scheduled by CGS . . . $150.00 14. Unauthorized tampering meter bypass or hookup . . . Time and materials plus ten percent (10%) of the average monthly bill for each day since last reading deemed to be accurate 15. Emergency response for non-CGS consumers or other utilities . . . Time and materials 16. Propane Fuel recovery and ownership of L.P. gas from tank . . . Time and materials. The LP fuel in the tank is non-refundable. If the customer provides an approved for service, listed LP gas container, then we will transfer as much LP gas as practical. Full abandonment and/or removal of buried LP tank is at CGS’ sole discretion. If the underground tank is removed, then any required landscaping or site restoration is the responsibility of the customer. If the tank is abandoned on-site, CGS will make it safe by removing the gas and filling it with water (water provided by the customer) and the tank ownership then becomes the customer. Tanks will be considered out of service and fuel abandoned by the customer if container is on site more than 12 months without a contract for service or paying entity for the annual customer charge. In such case, CGS will, at its sole discretion, either remove or abandon the tank. Other services not normally provided including work on customer property beyond the meter outlet or the outlet of the second stage LP regulator, such as for gas leak surveys, Cathodic protection corrosion control, customer-owned gas line locating; any related repairs to the customer facilities or master-metered gas distribution systems as required by regulation as well as any work required to correct deficiencies or any work required to move facilities. . . . Time and materials 17. Collector fee: See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 18. Dishonored check service fee: See Code of Ordinances, Section 2.528 19. Missed appointment - Customer not present at time as arranged or equipment not accessible. Residential and Commercial . . . $50.00 [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 25 20. Residential “Will Call” and special request delivery Propane Gas Service trip charges for early delivery: $75.00 trip charge for next business day (or beyond) delivery $150.00 trip charge for same business day delivery service requests during normal business hours $250.00 trip charge for all “call out” fills received after 3:30 pm on normal operational days, or on holidays, or on weekends. Trip charges will be applied even if LP tank is inaccessible or customer is not present when required (CGI). 21. A minimum fill charge of $100.00 for bulk, “Will Call” or metered delivery customers that request a delivery, in fewer than 4 business days. “Will Call” or special request delivery charges will also apply. 22. Leak investigation (make safe only) . . . No charge If turn-on of pilots the applicable charges apply Additional repairs . . . Time & Materials 23. Special seasonal gas turn-on.... The City Manager or designee is authorized to reduce or eliminate the normal gas turn-on charge to attempt to levelize the workload at the beginning of the heating season. 24. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, horizontal directional drilling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within CGS service territory, shall be required to notify the one call notification system 48 hours excluding weekends and holidays before digging commences (References Florida Statutes §556 and OSHA 1926.651). [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 26 If a person or company causes damage to an above or underground pipeline facilities owned by CGS and through negligence or accident or otherwise has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor costs associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims plus administrative costs. The party or parties responsible shall remit payment for all claims directly to CGS upon receipt of invoice or notification of the City of Clearwater Risk Management Department. (4) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by CGS: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute CGS personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances, Chapter 32, Section 32.004. (b) Contract rate level determination: It is the policy of CGS to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level adequate to acquire or preserve the gas load, provided that such a rate application provides a profit margin to CGS greater than the capital investment to serve such a customer as outlined in section (4)(d)2 below and the alternative energy source generates more greenhouse gas emissions than natural gas. (c) Rate schedule reductions or minor changes: The City Manager, or designee, is authorized to reduce the billing charge(s) for any rate schedule(s) or to make minor rate schedule modifications in keeping with achieving the "cost of service based rates" as recommended in the most recent rate study done for CGS. [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 27 (d) Main and service extension construction feasibility: Whenever a prospective customer requests a new gas service, CGS will extend service to the prospective customer under the following conditions: 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the reliability and/or quality of gas service to existing customers. 2. Main and Service line extension construction feasibility. The maximum capital investment which will be made by CGS to extend main lines and service lines to serve a new customer(s) shall be 10 times the annual Non-Fuel Energy (NFE) Rate times the Calculated Annual Therms/Gallons (CAT/CAG) to be derived from the facilities PLUS 10 times the annual gas customer charge revenues. The formula shall be: 10 x (NFE Rate) x (CAT or CAG) + 10 x (Annual Customer Charge Revenues)______ = Maximum Investment for Construction Feasibility In order to qualify for the above CGS Capital Investment, Residential customers must maintain a year-round gas utility account and install a minimum one (1) year-round appliance (i.e., Water heater, furnace, dryer, cooking) AND a secondary gas appliance, which can be year-round or seasonal/intermittent (i.e., pool/spa heating, fireplace, generator, grills) AND have a minimum of 150 CAT/CAG consumption. All appliance consumption amounts (i.e., CAT/CAG) and “year-round” or “seasonal” determination will be set by CGS departmental policy. All line extension feasibilities for commercial and industrial customers will solely rely on the Capital Investment formula listed in this section. 3. Customer contribution required. If the capital construction costs to extend the main and/or service line exceed the Maximum Investment for Construction Feasibility, the developer/customer(s) will be required to either provide a Contribution In Aid of Construction (CIAC) to cover the excess investment amount or satisfy this deficiency by entering into a Facilities Contract Charge (FCC) rider sufficient to cover this deficiency within a period of 10 years. [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 28 4. Refund of Customer Contribution in Aid of Construction. a. At the end of the first year following the date on which Gas Service to the customer meter is turned on, at the Customer’s request, CGS shall recalculate the Maximum Investment for Construction Feasibility and determine if any customer CIAC should be refunded. A re-estimation of the annual revenue (considering the actual revenue derived during the first year) shall be used in such recalculation. CGS shall refund to the customer an amount equal to the positive difference (if any) determined by subtracting the Maximum Investment for Construction Feasibility as originally calculated under section (4)(d)2, to the actual revenues received pursuant to the provisions of section (4)(d)2. b. For each additional customer taking Gas Service from any point on an extended Main or Service facilities within a period of two (2) years from the in-service date of a main extension, CGS shall refund to the customer(s), who provided a CIAC, provided this customer requested refund consideration as described in paragraph 4a above, the amount by which the Maximum Investment for Construction Feasibility of the new customer exceeds the cost of connecting such new customer, provided that an additional Main extension shall not have been necessary to serve such additional customer. c. The aggregate refund to any customer made through the provisions of (a) and (b) above shall not exceed the original CIAC of such customer. d. The extension shall at all times be the property of CGS, and any unrefunded portion of said CIAC at the end of two (2) years shall accrue to CGS. 5. Conversion of equipment to natural gas. CGS will provide the “labor only” to convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no labor cost to the customer, provided that the customer’s gas use is year-round. The customer will be responsible for the cost of all other related conversion parts such as controls, gas valves, gas safety devices, additional piping, appliance venting, provisions for combustion or make-up air, or to correct any code deficiency, or to provide any required engineering evaluation for unlisted or unlabeled appliances plus the cost of gas inspections and related permits. A commercial or industrial customer must enter into an agreement to exclusively use the natural gas service of CGS for a period to allow for recovery of Clearwater Gas [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 29 costs; and this amount, when added to the other cost to serve amounts, still renders the project feasible. 6. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise, roadway right-of-way or public easement, which requires CGS to relocate metering, LP tank, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, will be required to reimburse CGS for all or any part of the costs incurred to accomplish such relocation of gas system facilities to remain code compliant and resolve their potential structure conflict. 7. Gas service will be delivered to the customer for each premise at one (1) point of delivery designated by CGS (see City Code of Ordinances, Chapter 32, Section 32.336). CGS highly discourages the installation of multiple meters on the same premise or the use of multiple fuels (natural gas, propane, fuel oil) on such premise. If such installations are justified due to extraordinary circumstances (such as life safety), these must be approved by the CGS Executive Director, and then the multiple meters or fuel sources must be well marked in a permanent fashion. For life safety control purposes, Clearwater Gas will not permit a fuel source (propane or fuel oil) supplied by another company to co-exist on the same premise or commercial occupancy with a Clearwater Gas natural gas service. Section 3. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 5. This ordinance shall become effective upon adoption and shall be applicable to all gas bills and services rendered on or after February 1, 2024. PASSED ON FIRST READING _____________________________ [GM19-2064-094/263624/1] Ordinance No. 9739-23 Page 30 PASSED ON SECOND AND FINAL READING AND ADOPTED _____________________________ _____________________________ Brian J. Aungst, Sr. Mayor Approved as to form: Attest: ____________________________ _____________________________ Michael Fuino Rosemarie Call Senior Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1548 Agenda Date: 12/19/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve the First Amendment to the Collective Bargaining Agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 (CWA) for Fiscal Year 2023/2024 and authorize the appropriate officials to execute same. SUMMARY: The collective bargaining agreement between the City of Clearwater and CWA covers the period October 1, 2023 through September 30, 2026. In November 2023, the parties mutually agreed to reopen the CBA for the purpose of discussing the implementation of the Evergreen Solutions Classification and Compensation Study. The parties reached a tentative agreement on December 5, 2023. The first amendment was ratified by the CWA bargaining unit on December 7, 2023 by a vote of 311 (yes) to 11 (no). A summary of the changes are as follows: All CWA employees will receive a 1.5% general wage increase to base pay. Employees may also receive a pay adjustment based on a calculation of hybrid years of service with the City as of January 1, 2024. The pay adjustment is based on a 25-year parity, meaning the employee is expected to take 25 years to move from the minimum to the maximum of their pay range. Midpoint base compensation for CWA employees will now be in the 75th percentile of the market, which is comprised of newly established comparators. Salary adjustments will be capped at $20,000. Elimination of some types of certification pay. The changes will be effective on the payroll period that includes January 1, 2024. APPROPRIATION CODE AND AMOUNT: Approved at Council Meeting on December 7, 2023. USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Superior Public Service. Promote a Diverse and Talented Workforce through Competitive Opportunity, Employee Wellness, and Rewarding Career Growth. 5.1 Attract and retain top-quality personnel through the maintenance of a competitive compensation program. Page 1 City of Clearwater Printed on 12/14/2023 1 FIRST AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF CLEARWATER AND CWA LOCAL 3179 This First Amendment is entered into by and between the City of Clearwater and Communication Workers of America, Local 3179. For good and valuable consideration, the Parties hereto agree and acknowledge as follows: The Parties have entered into a Collective Bargaining Agreement covering the period October 1, 2023 through September 30, 2026 (“CBA”). In November 2023, the Parties mutually agreed to reopen the CBA for the purpose of discussing the implementation of the Evergreen Solutions Classification and Compensation Study. 1. As a result of the foregoing, Article 9, Section 1 shall be amended as follows: ARTICLE 9 WAGES & COMPENSATION Section 1. Salary A.1. Effective on the first day of the payroll period that includes January 1, 2024, the following shall occur: Appendix A shall be replaced with Apprendix A.1, which is incorporated by reference and attached hereto. Appendix B shall be replaced with Appendix B.1, which is incorporated by reference and attached hereto. All employees will receive a 1.5% general wage increase to base pay. Employees may also receive a pay adjustment based on a calculation of hybrid years of service with the City as of January 1, 2024. The hybrid years are determined by valuing years of service in the employee’s current job classification at 100% and other years of service with the City at 30%. Other years of service are all years of service with the City except those in the employee’s current job classification. All years of service are based on an employee’s seniority date. For example, if an employee has 2 years in their current job classification and 10 total years with the City, the other years of service is 8 years. The other years of service is multiplied by 30%, which is 2.4 years. The 2 years (current job classification) and the 2.4 years (other years) are added together to get the hybrid years, which is 4.4 years. The pay adjustment is based on a 25-year parity, meaning that an employee is expected to take 25 years to move from the minimum to the maximum of their pay range. To further 2 calculate the pay adjustment, the hybrid years are divided by 25. In this example, the amount is 0.176. This amount is now multiplied by the difference between the maximum of the employee’s new pay range and the minimum of that same pay range, which is the employee’s pay adjustment. The pay adjustment is added to the minimum of the employee’s new pay range for their new annual base salary. The Calculation is as follows: Years in current job classification position plus (Other years with the City multiplied by 0.30) Divide by 25 Multiply this amount by (New maximum pay grade dollar amount – New minimum pay grade dollar amount). This is the pay adjustment. Add the pay adjustment to new minimum pay grade dollar amount. This is the new annual base salary. In the event an employee’s pay adjustment is greater than the general wage increase, the employee will only receive the pay adjustment. In the event the general wage increase is greater than the pay adjustment, the employee will only receive the general wage increase. In no event shall any employee receive more than a $20,000.00 pay adjustment increase. Employees may only receive increases up to the maximum rate of pay in Appendix B.1 and will not receive any increase that exceed the maximum rate of pay in Appendix B.1. This subsection (A)(1) shall not be subject to the Article 6 Grievance Procedures. On behalf of the employees covered by this Agreement, the Union hereby waives the rights of these employees to resort to the Article 6 Grievance Procedure concerning all matters contained in this subsection (A)(1). 2. As a result of the foregoing, Article 9, Section 8 shall be amended as follows: Section 8. Assignment Pay Differential A. A Department Director may, at his/her discretion and with the approval of the City Manager/designee and consent of the Union, designate a specific position or positions within a job classification which shall be eligible to receive a 5% Pay Differential when the duties of the position differ from others in the same classification in their difficulty, complexity, responsibility, or hazardous nature to the extent that additional compensation 3 is deemed warranted. Assignments to positions may be on a rotational basis, or may be offered to employees in the respective classification based upon City seniority, however the Department Director shall have the right to remove any employee from such assignment in conjunction with a development plan if performance is deemed unsatisfactory. B. Solid Waste Equipment Operators and Solid Waste Workers who are assigned and complete two full routes on one work day during a work week that pickups are limited by a City designated Holiday shall receive a premium pay equivalent to four hours of pay based on the employee’s base rate of pay. Such premium pay shall not constitute hours worked or to be accumulated toward the calculation of overtime. C. Bargaining unit members designated as certified Bi-Lingual Interpreter, who have successfully passed a proficiency exam and where the position calls for interpretation skill sets, shall be eligible to receive $25.00 per payroll period for part-time employees and $50.00 per payroll period for full-time employees in addition to the employee’s current base rate of pay with the approval by their Department Director. D. Incumbents in the classifications of Industrial Electricians, Utilities Electronic Technician, Utilities Mechanic, Utilities Maintenance Foreman, and Utilities Maintenance Supervisor upon the effective date of this Agreement who are assigned to the maintenance of the Public Utilities infrastructure which includes plants and lift stations shall be eligible to receive a 5% Pay Differential. E. The classification of Building Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in addition to the respective incumbent’s base rate of pay for the possession and maintenance of each valid plans examiner license offered by the State of Florida Building Code Administrators and Inspectors Board when the employee is directed by their department to utilize such license at any time during the payroll period. 3. As a result of the foregoing, Article 9, Section 10 shall be amended as follows: Section 10. Certification Pay A. Incumbents in the classifications of Fleet Mechanic, Mechanic Fabricator, Fleet Mechanic Supervisor, Fleet Parts Specialist, and Warehouse Supervisor who obtain and maintain job-related ASE certifications in accordance with standards established by the City shall receive $0.50 per hour in addition to the employees’ base rate of pay for each such certification obtained and maintained up to a maximum of seven (7) such certifications. City fleet service mechanics who obtain and maintain the required ASE certifications constituting the designation of ASE Master in a City authorized module of study shall receive $5.00 per hour in addition to the employees’ base rate of pay in lieu of the individual certification pays described above. The City agrees to pay the cost of the training and examination process for each certification the first time employees attend such only. The City reserves the right to determine the appropriate certifications that will be entitled to the additional compensation. 4 B. The classifications of Beach Lifeguard and Senior Beach Lifeguard shall be eligible for a 5% certification pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of a valid State of Florida Emergency Medical Technician certification. The classifications of Aquatics Coordinator and Pool Lifeguard who obtain and maintain job related Water Safety Instructor, Lifeguarding, or Emergency Medical Responder certifications shall receive $0.25 per hour in addition to the employees’ base rate of pay for each certification up to a maximum of three (3) certifications. C. The classification of Building Construction Inspector shall be eligible for a 15% licensure pay differential in addition to the respective incumbent’s base rate of pay for the possession and maintenance of two or more valid inspector licenses offered by the State of Florida Building Code Administrators and Inspectors Board. The classification of Building Construction Inspector shall also be eligible for a licensure pay differential of $50 per payroll period in addition to the respective incumbent’s base rate of pay for the possession and maintenance of each valid plans examiner license offered by the State of Florida Building Code Administrators and Inspectors Board when the employee is directed by his/her department to utilize such license at any time during the payroll period. The table below establishes parameters within the current pay range to identify pay level in relation to the license(s) held. Licenses Held Starting Compensation One (1) license $52,000 Two (2) licenses $54,000 Three (3) licenses $57,000 Four (4) licenses $60,000 D. Incumbents in the classifications of Water Distribution Operator and Water Distribution Lead Operator, Water Distribution Foreman, and Water Distribution Supervisor who obtain and maintain job-related Water Distribution Operator Licenses in accordance with standards established by the City shall receive $50.00 per payroll period in addition to the employee’s base rate of pay. The City agrees to pay the cost of the examination process for each level certification. Incumbents in the classification of Water Quality Technician who obtain and maintain job-related Water Distribution Operator or Water Treatment Plant Operator Licenses in accordance with standards established by the City shall receive $50.00 per payroll period in addition to the employee’s base rate of pay. The City agrees to pay the cost of the examination process for each level certification. Incumbents in the classifications of Water/Wastewater Plant Operator C, Water/Wastewater Plant Operator B, Water/Wastewater Plant Operator A, and Chief 5 Water/Wastewater Operator shall receive $50.00 per payroll period if classified as a “C’ licensed Operator; $100.00 per payroll period if classified as a “B’ licensed Operator; and $150.00 per payroll period if classified as an “A” licensed Operator or Chief Operator, in addition to the employee’s base rate of pay. E. B. Police Telecommunicators, Senior Police Telecommunicators, and Police Telecommunicator Supervisors, who are hired on or after October 1, 2022, shall receive a 3% increase to base pay for each of the following training tasks successfully completed: (i) call-taker-training and successful completion of the related state exam; (ii) information/CJIS terminal training; (iii) dispatcher training. Incumbent Police Telecommunicators, Senior Police Telecommunicators, and Police Telecommunicator Supervisor, who were hired prior to October 1, 2022, shall receive 1.5% increase to base pay for each of the training tasks, as listed in the previous paragraph, completed as of October 1, 2022. Incumbent employees in these classifications will not be eligible for further training-related adjustments. Police Telecommunicators, Senior Police Telecommunicators, and Police Telecommunicator Supervisors shall receive each training-related adjustment only once regardless of job classification or adjusted amount. 4. Except as provided in this First Amendment, all other terms and conditions of the CBA remain in full force and effect. [Remainder of Page Left Blank Intentionally] 6 IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment on this _____ day of December 2023. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 3179 ____________________________ Ron Rice, President CITY OF CLEARWATER ____________________________ ___________________________________ Brian Aungst Sr. Jennifer Poirrier Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk APPENDIX A.1 Alphabetical Listing of Job Classifications i Proposed Job Title Proposed Salary Range Account Collector I 3 Account Collector II 5 Accounting Technician I 4 Accounting Technician II 6 Air Conditioning Technician 9 Aquatics Coordinator 5 Arborist 9 Beach Lifeguard I 2 Beach Lifeguard II 4 Billing Specialist 5 Building & Maintenance Supervisor 12 Building Inspector I 11 Building Inspector II 12 Building Inspector III 13 Building Inspector IV 14 Building Inspector Technician 7 CAD & GIS Technician I 10 CAD & GIS Technician II 12 City Clerk Specialist 6 Code Inspector I 9 Code Inspector II 11 Construction Inspector I 8 Construction Inspector II 10 Container Maintenance Worker 2 Contracts & Procurement Specialist 6 Custodial Worker 1 Customer Service Representative I 2 Customer Service Representative II 5 Customer Service Specialist 4 Customer Service Trainer 7 Development Review Technician I 8 Development Review Technician II 9 Development Review Technician III 11 Electrical Apprentice 3 Electrical Supervisor 12 Engineering Technician 8 Environmental Code Enforcement Inspector 10 APPENDIX A.1 Alphabetical Listing of Job Classifications ii Proposed Job Titles Proposed Salary Range Fire Apparatus Mechanic 8 Fleet Buying Coordinator 9 Fleet Mechanic 6 Fleet Mechanic Supervisor 12 Fleet Operations Trainer 7 Fleet Parts Specialist 3 Gas Operations Supervisor 15 Gas System Specialist 13 Gas Technician I 4 Gas Technician II 6 Gas Technician III 9 Gas Technician Apprentice 2 Graphic Designer I 8 Graphic Designer II 10 Industrial Electrician 11 Industrial Pretreatment Inspector 9 Industrial Pretreatment Inspector II 11 Lead Water Distribution Operator 11 Lead Water Plant Operator 13 Lead Wastewater Treatment Plant Operator 13 Library Assistant I 2 Library Assistant II 4 Library Page 1 Licensed Electrician 9 Maintenance Worker 1 Marine Facility Operator 2 Mechanic Fabricator 7 Meter Reader I 1 Meter Reader II 4 Parking Attendant 1 Parking Citation Assistant 2 Parking Enforcement Specialist 3 Parking Enforcement Supervisor 10 Parking Meter Technician 4 Parking Supervisor 9 Parking, Facilities & Security Aide 1 Parks Heavy Equipment Operator 6 APPENDIX A.1 Alphabetical Listing of Job Classifications iii Proposed Job Title Proposed Salary Range Parks Service Supervisor I 8 Parks Service Supervisor II 10 Parks Service Technician I 1 Parks Service Technician II 3 Parks Service Technician III 5 Payroll Technician I 6 Payroll Technician II 9 Plumber 9 Police Office Specialist 3 Police Property Clerk 3 Police Property Supervisor 9 Police Records Specialist 7 Police Telecommunicator I 8 Police Telecommunicator II 10 Police Telecommunicator Supervisor 12 Pool Lifeguard 1 Recreation Coordinator I 5 Recreation Coordinator II 7 Recreation Facilities Support Custodian 2 Recreation Leader I 1 Recreation Leader II 3 SCADA Specialist 15 School Crossing Guard Coordinator 5 Skilled Tradesworker 4 Skilled Tradesworker II 7 Skilled Tradesworker III 9 Solid Waste Accounts Coordinator 4 Solid Waste Boom Crane Operator 4 Solid Waste Equipment Operator 4 Solid Waste Operations Supervisor 11 Solid Waste Service Supervisor I 8 Solid Waste Service Supervisor II 11 Solid Waste Technical Operator 4 Solid Waste Worker I 1 Solid Waste Worker II 3 Staff Assistant I 3 Storeskeeper 3 APPENDIX A.1 Alphabetical Listing of Job Classifications iv Proposed Job Title Proposed Salary Range Stormwater Heavy Equipment Operator 6 Stormwater Supervisor I 9 Stormwater Supervisor II 13 Stormwater Technician I 4 Stormwater Technician II 6 Stormwater Technician III 8 Street Sweeper Operator 5 Streets & Sidewalks Supervisor 11 Streets & Sidewalks Technician I 4 Streets & Sidewalks Technician II 6 Streets & Sidewalks Technician III 8 Survey Assistant I 3 Survey Assistant II 5 Survey Crew Leader 8 Traffic Engineering Assistant 4 Traffic Operations Supervisor 12 Traffic Sign & Marking Technician I 5 Traffic Sign & Marking Technician II 8 Traffic Signal Technician I 8 Traffic Signal Technician II 10 Traffic Signal Technician III 11 Transfer Station /Scales Operator 4 Tree Trimmer 3 Utilities Electronics Technician 9 Utilities Lead Mechanic 10 Utilities Maintenance Supervisor I 13 Utilities Maintenance Supervisor II 15 Utilities Mechanic 7 Utility Dispatcher I 2 Utility Dispatcher II 3 Warehouse Supervisor 8 Wastewater Collections Supervisor I 13 Wastewater Collections Supervisor II 15 Wastewater Collections Technician I 3 Wastewater Collections Technician II 8 Wastewater Collections Technician III 10 Wastewater Treatment Plant Operator A 12 APPENDIX A.1 Alphabetical Listing of Job Classifications iv Proposed Job Title Proposed Salary Range Wastewater Treatment Plant Operator B 10 Wastewater Treatment Plant Operator C 8 Wastewater Treatment Plant Operator Trainee 3 Water Distribution Operator 8 Water Distribution Operator Trainee 3 Water Distribution Supervisor I 13 Water Distribution Supervisor II 15 Water/Wastewater Treatment Plant Chief Op 15 Water Plant Operator A 12 Water Plant Operator B 10 Water Plant Operator C 8 Water Plant Operator Trainee 3 Water Quality Technician 8 Welder/Manufacturer 5 Appendix B.1 C.W.A. Pay Range Tables 2080 Annual Hours Salary Range FY23/24 Annual Min* FY 23/24 Annual Max 1 36,300.00 58,080.00 2 38,115.00 60,984.00 3 40,020.75 64,033.20 4 42,021.79 67,234.86 5 44,122.88 70,596.60 6 46,329.02 74,126.43 7 48,645.47 77,832.75 8 51,077.75 81,724.39 9 53,631.63 85,810.61 10 56,313.21 90,101.14 11 59,128.87 94,606.20 12 62,085.32 99,336.51 13 65,189.58 104,303.34 14 68,449.06 109,518.50 15 71,871.52 114,994.43 * In no event shall any employee make less than minimum wage per State Statute. Appendix B.1 C.W.A. Pay Range Tables 1950 Annual Hours Salary Range FY23/24 Annual Min* FY 23/24 Annual Max 1 34,031.25 54,450.00 2 35,732.81 57,172.50 3 37,519.45 60,031.13 4 39,395.43 63,032.68 5 41,365.20 66,184.32 6 43,433.46 69,493.53 7 45,605.13 72,968.21 8 47,885.39 76,616.62 9 50,279.66 80,447.45 10 52,793.64 84,469.82 11 55,433.32 88,693.31 12 58,204.99 93,127.98 13 61,115.24 97,784.38 14 64,171.00 102,673.60 15 67,379.55 107,807.28 * In no event shall any employee make less than minimum wage per State Statute. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1495 Agenda Date: 12/19/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Approve an agreement between Aquatic Informatics, located in Vancouver, BC, and the City of Clearwater Public Utilities for the purpose of using Linko software for tracking of fat, oil, and grease removed from the system’s wastewater from January 1, 2024 through December 31, 2024, in the amount of $21,074.00 and authorize the appropriate officials to execute same. SUMMARY: City of Clearwater Public Utilities Industrial Pretreatment Program (IPP) uses software to track Fat, Oil, and Grease from cradle to grave. The Industrial Pretreatment Program maintains, and tracks compliance of industrial and commercial customers as required by the Clean Water Act. To fulfill this requirement, IPP purchases and uses LINKO CTS, LINKO FOG and POM Portal software applications. This is the only record keeping database currently used by the IPP. While this purchase is under the threshold, the vendor is requiring an indemnity that would require city council approval. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 530300 Other Contractual Services. STRATEGIC PRIORITY: In furtherance of the Council’s Strategic Plan to achieve High Performing Government by maintaining public infrastructure through systematic management efforts, approval for an agreement is requested. In addition, utilizing Linko software to track Fats, Oils, and Grease allows for Environmental Stewardship, Superior Public Service, and Community Well-being. Page 1 City of Clearwater Printed on 12/14/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1535 Agenda Date: 12/19/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Approve the Air Rights easement grant from the City of Clearwater to the connecting property owner’s Clearmar, LLC, and Triprop Clearwater, LLC, for the development of an elevated pedestrian bridge linking their respective South Gulfview properties, and to further provide responsibilities for the development, installation, insurability, and required maintenance of said aerial pedestrian bridge as located in Clearwater, Florida and authorize the appropriate officials to execute same. SUMMARY: This aerial bridge development clearly shows the commitment of the City of Clearwater to enhance and support this property’s future development. Exhibits (A, B, C, D, E) further support and define the affected properties. A Florida-licensed professional engineer shall conduct required routine inspections of said bridge. Said bridge rests per FDOT regulations 17 feet above ground level with dimensions of 206.79 x 15.59 feet. City staff has reviewed and approved this request. STRATEGIC PRIORITY: 1.5 Embrace a culture of innovation that drives continuous improvement and successfully serves all our customers. Page 1 City of Clearwater Printed on 12/14/2023 Page 1 of 11 This instrument prepared by: Matthew J. Mytych, Esq. Office of the City Attorney City of Clearwater P.O. Box 4748 Clearwater, FL 33758 AIR RIGHTS EASEMENT AGREEMENT FOR ELEVATED PEDESTRIAN BRIDGE SOUTH GULFVIEW BOULEVARD THIS AIR RIGHTS EASEMENT AGREEMENT (this “Agreement”), dated as of December _____, 2023 (the “Effective Date”), is made by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the “City”), CLEARMAR, LLC, a Florida limited liability company and its successors and assignees (“Clearmar”), and TRIPROP CLEARWATER LLC, a Florida limited liability company and its successors and assignees (“Triprop” and collectively with Clearmar the “Developers”). RECITALS WHEREAS, Clearmar is the owner of that certain real property located at 430 S. Gulfview Boulevard, Clearwater, Florida (“Opal Sands Resort & Spa”), as more specifically described in Exhibit “A” attached hereto; and WHEREAS, Triprop is the owner of that certain property located at 401, 411, 421, 425 and 431 S. Gulfview Boulevard, Clearwater, Florida (“Opal Sol”), as more specifically described in Exhibit “B” attached hereto; and WHEREAS, the City approved a development agreement (HDA2014-06004, Resolution 14-29), as amended by HDA2015-06001, HDA2014-06004A, and HDA2014-06004B (collectively the “Development Agreement”) for the development of a hotel upon Opal Sol and the construction of an elevated pedestrian walkway (the “Pedestrian Bridge”) extending between the hotel to be constructed upon Opal Sol and the Opal Sands Resort & Spa and spanning the public South Gulfview Boulevard right-of-way (the “Right-Of-Way”); and WHEREAS, the Development Agreement, provides that the City shall grant an easement for air rights over a portion of South Gulfview Boulevard for the construction of the Pedestrian Bridge on terms and conditions to be agreed to by the parties to the Development Agreement and accepted by the Clearwater City Council at a public meeting and consistent with the terms set out in the Development Agreement; and WHEREAS, the Developers wish to obtain from the City, and the City desires to grant to the Developers, subject to the terms and conditions of this Agreement, an easement permitting the construction, location, maintenance, operation, occupancy and use of the Pedestrian Bridge on, over, above and through those portions of the air space over a portion of South Gulfview Boulevard, as more fully described in Exhibit “C” attached hereto (the “Easement Area”); and Page 2 of 11 WHEREAS, this Agreement will satisfy the requirement for an air rights easement set out in the Development Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Grant of Air Rights Easement The City hereby declares, grants, creates and establishes to and for the benefit and use of the Developers, and any successor owners of Opal Sands Resort & Spa and Opal Sol, a perpetual exclusive easement in the Easement Area to accommodate the construction, location, maintenance, operation, occupancy and use of the Pedestrian Bridge. The Pedestrian Bridge shall be erected, installed, maintained and repaired at the sole cost and expense of the Developers, and in accordance with all applicable federal, state, and local laws, codes, regulations, ordinances, and permit requirements, and without any damage or other harm to the Right-Of-Way. 3. Special Conditions of Easement Approval Prior to obtaining a permit to install the Pedestrian Bridge, Triprop will cause its general contractor to provide a Maintenance of Traffic (MOT) plan to the City for approval which meets Florida Department of Transportation (FDOT) MOT Design Standards, any other applicable city, state and federal design standards, including any and all applicable detour map/s if closure is necessary, and other documentation required by the City (the “MOT Plan”). Upon the provision by Triprop of the required documentation to the City, the City shall cause the issuance of any and all permits and approvals, in a reasonable time, required for the construction and installation of the Pedestrian Bridge. Prior to commencement of construction, Triprop will cause its general contractor to apply for a Right-of-Way permit from the City, which will include the MOT Plan with dates and times of roadway and sidewalk closures along with an associated narrative. The general contractor will notify the Public Works Department forty-eight (48) hours prior to the actual closure, unless otherwise directed by the City in the approved Right-of-Way permit. Upon completion of installation of the Pedestrian Bridge and before opening the Right-Of-Way to live vehicular and pedestrian traffic, the Developers shall submit to the City a certification from a Florida-licensed engineering professional indicating that the Pedestrian Bridge has been constructed and installed in a safe and secure manner in accordance with the permits and approvals required for the construction and installation of the Pedestrian Bridge. Page 3 of 11 4. Inspection and Maintenance of Easement Area The Developers shall have the duty and obligation, at all times, to maintain the Pedestrian Bridge in a safe, structurally sound condition and in furtherance of such duty and obligation, the City agrees to fully cooperate with Developers in connection with the performance of its/their duties and obligations by: (a) facilitating access to the Right-Of-Way as required from time-to-time in connection with such maintenance of the Pedestrian Bridge, and (b) facilitating access to City-owned or controlled property adjacent to or in the immediate vicinity of the Right-Of-Way as required from time-to-time in connection with such maintenance of the Pedestrian Bridge. Nothing herein shall be construed as limiting the City’s authority to approve or deny Right-of-Way permits consistent with the City’s policies and practices or applicable laws. The Developers shall be responsible for the minimum inspection and maintenance requirements as set forth in Exhibit “D” which shall meet all applicable FDOT requirements, including those requirements for bridges with fracture critical members, if applicable. In the event the requirements set forth in Exhibit “D” do not meet minimum FDOT requirements, FDOT requirements shall govern. Additionally, the Developers shall at its own expense maintain the aesthetics of the exterior surfaces of the Pedestrian Bridge so as to present a clean and attractive appearance consistent with the approved Pedestrian Bridge plans. All inspection reports and supporting documentation shall be signed and sealed by a Florida-licensed engineer and submitted to the City within sixty (60) days of the inspection. All maintenance required by any inspection report or otherwise shall be completed within the greater of sixty (60) days of the inspection or such time as is directed by the inspection report. A copy of all documentation related to performed maintenance shall be provided to the City within thirty (30) days of the completion of said maintenance. If inspection results show potential for immediate failure or other imminent safety concerns, the Developers will immediately notify the City, begin work to correct the issue, and submit an emergency repair plan and a Right-of-Way permit or other necessary documentation to close the road and establish detour signage if necessary, and in furtherance of the implementation of such emergency repair plan, the City agrees to fully cooperate with Developers in connection with such implementation by: (a) facilitating access to the Right-Of-Way as required from time-to-time in connection with such implementation of the emergency repair plan, and (b) facilitating access to City-owned or controlled property adjacent to or in the immediate vicinity of the Right-Of-Way as required from time-to-time in connection with such implementation of the emergency repair plan. Provided that the City has: (a) fully cooperated with the Developers in connection with the performance of its/their duties and obligations to satisfy the ongoing inspection and maintenance duties and requirements set forth in this Agreement by: (i) facilitating access to the Right-Of-Way as required from time-to-time in connection with such maintenance of the Pedestrian Bridge, and (ii) facilitating access to City-owned or controlled property adjacent to or in the immediate vicinity of the Right-Of-Way as required from time-to-time in connection with the performance of such duties and obligations, and (b) fully complied with the notice and cure provisions set forth in Section 5 of this Agreement, then the City is authorized to complete inspections and maintenance as deemed appropriate by the City, in the City’s sole discretion, and may seek reimbursement for costs and expenses associated with such inspections and maintenance from the Developers. Page 4 of 11 The costs for inspection, maintenance, repair, or removal may include all expenses related to any work performed by the City or at the City’s direction, including but not limited to City staff time, road closure expenses, hiring of consultants, inspectors, contractors, professionals, and other laborers, purchase of materials, insurance, bonds, permitting, and any other expense that can be attributed to the City’s inspection, repair, maintenance, or removal of the Pedestrian Bridge. The City shall have the right to inspect the Pedestrian Bridge and Easement Area at any time. Any damage caused by the Pedestrian Bridge to the Right-Of-Way shall be remedied at the Developer’s expense as expediently as practical. 5. Failure to Comply with Terms and Conditions of Agreement; Imminent Danger to Public Safety a. Failure to Comply with Terms and Conditions of Agreement. If the Developers fail to comply with or satisfy any of the terms or conditions of this Agreement, the City shall furnish a written notice to the Developers which states, with particularity, the specific failure of the Developers. Developers shall be provided with a period of ninety (90) days to diligently pursue and/or apply for any required permits or other governmental authorizations necessary to perform corrective action (subject to the occurrence of force majeure events) or to respond to any condition or circumstance that does not require a permit or other government authorization other than an imminent danger to the public health, safety, and welfare. If the necessary corrective action requires the issuance of a permit or other authorization by the City or any other governmental authority, Developers shall commence such corrective action within two (2) business days from the issuance of such permit or authorization, and shall diligently pursue completion, failing which the City is authorized to cure such failure(s), as deemed appropriate by the City, in the City’s sole discretion, and the City may seek reimbursement for reasonable costs and expenses associated with its corrective action. b. Response to Imminent Danger to Public Health, Safety, and Welfare. In the event there exists a structural defect or other condition with respect to the Pedestrian Bridge which creates an imminent danger to the public health, safety, and welfare, the City shall notify the Developers of such condition, authorize the Developers to take corrective action, and if the Developers fail to commence corrective efforts within forty-eight (48) hours, the City is authorized to undertake the response to such imminent danger in a manner determined by the City, including temporary removal of the Pedestrian Bridge if the bridge is damaged and the damaged state or condition of the Pedestrian Bridge renders its temporary removal necessary to prevent death, bodily harm, or property damage, and the City may seek reimbursement for costs and expenses associated with its curative efforts. The City’s removal of the Pedestrian Bridge under this provision will not create any obligation for the City to repair, reinstall, or replace the bridge; nor does the removal under this section prohibit the reinstallation of the Pedestrian Bridge by the Developers pursuant to Section 7(a). 6. Removal of the Pedestrian Bridge a. The Developers shall have the right to temporarily remove and thereafter reinstall the Pedestrian Bridge as necessary from time to time to prosecute such work as is required from Page 5 of 11 time to time pursuant to this Agreement in connection with the maintenance and repair of the bridge and the City agrees to timely process the required permits in connection with such removals and reinstallations. b. The City shall have the right to remove the Pedestrian Bridge if the City determines that removal is necessary for a bona fide municipal purpose as determined by the City Council, in its reasonable discretion, after an opportunity to be heard. The municipal purpose can include, but is not limited to, maintaining, repairing, installing paved surfaces within the Right-Of-Way, utility infrastructure, and stormwater infrastructure which cannot be completed with the Pedestrian Bridge in place. The City shall provide ninety (90) days, written notice prior to the public hearing required under this subsection. c. The City shall have the right to remove the Pedestrian Bridge if the Developers fail to submit safety and structural integrity reports to the City within the specified time frame, or fail to maintain the aesthetics of the exterior surfaces of the Pedestrian Bridge so as to present a clean and attractive appearance consistent with the approved Pedestrian Bridge plans. The City shall provide written notice and an opportunity to cure, which shall be consistent with the requirements of Sections 4 and 5(a). d. The City shall have the right to remove the Pedestrian Bridge for imminent danger concerns pursuant to and as provided for in Section 5(b). e. As a precondition to the removal of the Pedestrian Bridge pursuant to Section 6(b) and (c) of this Agreement, the City shall provide a written Notice of Removal, after the requisite event allowing removal has occurred, which shall provide for at least twenty-four (24) months for the Developers or the City, as applicable, to cause the Pedestrian Bridge and its fixtures to be removed at the Developer’s sole cost and expense. Upon the expiration of the timeframe contained within the City’s Notice of Removal, the City may remove the Pedestrian Bridge and its fixtures and may charge the costs and expenses for the removal to the Developers, which may include all expenses related to any work performed by the City or at the City’s direction, including but not limited to City staff time, road closure expenses, hiring of consultants, inspectors, contractors, professionals, and other laborers, purchase of materials, insurance, bonds, permitting, and any other expense that is directly attributed to the City’s removal of the Pedestrian Bridge. 7. Termination of this Agreement a. If the Pedestrian Bridge is removed by the City pursuant to Section 6(d) for imminent danger concerns, removed by the Developers pursuant to Section 6(a) for repair or maintenance, or otherwise voluntarily removed by Developers and not replaced pursuant to the terms herein, this Agreement shall automatically terminate, unless the Developers complete the repair of the Pedestrian Bridge and reinstall the Pedestrian Bridge or complete the construction of and install a new bridge in substantial conformance with the approved plans as evidenced by the issuance of a Certificate of Occupancy for the reinstallation within five (5) years from the date of removal of the Pedestrian Bridge (the “Five Year Period”). Notwithstanding any term or provision contained or set forth in this Agreement to the contrary, it is specifically understood and agreed that all temporal references set forth herein which reference the date that this Agreement is Page 6 of 11 terminated or is no longer in force and effect shall be conclusively deemed extended as necessary to accommodate the passage of the Five-Year Period, if applicable. The City agrees to timely process the required permits. b. Upon removal of the Pedestrian Bridge pursuant to Section 6(b) or (c) relating to municipal purpose, failure to submit safety and structural integrity reports, or failure to maintain the aesthetics of the exterior surfaces and after satisfying the precondition requirements of Section 6(e), this Agreement shall terminate. c. The City shall have the right to terminate this Agreement upon failure to install the Pedestrian Bridge according to the approved construction plans within two (2) years of the Effective Date. 8. Insurance The Developers shall: (a) provide, pay for and maintain for the duration of this Agreement, commercial general liability insurance including premises/operations, contractual and independent contractor’s coverages as shown on Exhibit “E”, and (b) require its contractors to provide insurance meeting the City’s insurance requirements as shown on Exhibit “E” during the construction and at times when necessary repairs, maintenance or inspections require use of City right-of-way. 9. Indemnification Subject to Florida Statute § 768.28, the Developers and their successors and assigns shall indemnify, defend and hold harmless the City, its successors and assigns, and its/their directors, officers, employees, agents, stockholders, and affiliates, from and against any and all claims, demands, losses, damages, actions, causes of action, costs and expenses, including reasonable attorney’s fees for injury, death, and damage brought in connection with the construction, maintenance, or use of the Pedestrian Bridge, except to the extent arising from the City’s willful misconduct, or willful or wanton acts by the City. Neither party will settle any claim or action related to the Pedestrian Bridge when such claim or action would invoke the protections of this indemnification provision without first obtaining the written consent of the other party. Nothing contained herein is intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent to be sued by third parties. The provisions of this Section 9 shall survive the expiration, revocation or termination of this Agreement. 10. Compliance with Applicable Laws The Developers shall install, maintain, repair, reconstruct, operate and use the Pedestrian Bridge in accordance with the ordinances of the City of Clearwater and all applicable state, federal, and local laws, regulations, and other ordinances. Page 7 of 11 11. Binding Effect The air rights easement, covenants, obligations, conditions and declarations contained in this Agreement shall be a burden on the portion of South Gulfview Boulevard described in the Easement Area and shall be for the benefit of Opal Sands Resort & Spa and Opal Sol, and shall run with the land and shall benefit and bind the heirs, successors and assigns of the Developers. This Agreement and the easement, covenants, obligations, conditions and declarations contained herein shall continue so long as the Pedestrian Bridge remains in existence after its completion unless this Agreement is otherwise terminated in accordance with Section 7 herein. In the event that this Agreement is terminated in accordance with Section 7, the easement, covenants, obligations, conditions and declarations contained herein shall revert back to the City. Notwithstanding the foregoing and except in the case where the bridge is removed as indicated in Section 6(d), in the event of damage or destruction to all or a portion of the Pedestrian Bridge, the Developers shall have the right, but not the obligation, within a reasonable time after such damage or destruction, to rebuild or repair the Pedestrian Bridge to substantially the same design as originally approved by the City, in which event the easement, covenants, obligations, conditions and declarations contained herein shall remain in full force and effect. This Agreement shall be recorded at the expense of the Developers in the Public Records of Pinellas County, Florida. 12. Force Majeure Event means any strike, lockout or other labor trouble; inability to obtain labor, materials, coal, oil, or other suitable fuel or reasonable substitutes therefor or the failure of the supply of any thereof; acts of God, fire or other casualty; governmental preemption of priorities or other controls in connection with a public emergency; governmental restrictions or requirements of Laws; enemy or hostile governmental action; civil commotion; pandemic outbreak or other health or environmental disaster; war; enemy action; terrorism; catastrophic weather conditions; interruption of utility services; loss of means of ingress or egress; a condemnation or eminent domain proceeding affecting the Properties. 13. Non-Waiver No failure to exercise and no delay in exercising any right, power, or privilege on the part of any party herein shall constitute a waiver of any other or further exercise thereof or the exercise of any right, power, or privilege herein. Further, the rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided at law or in equity. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions whether or not similar, nor shall any constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. Nothing in this Agreement shall be construed to limit or otherwise abrogate the City’s regulatory authority and obligations under any applicable provisions of the City’s codes and ordinances nor does this Agreement limit the City’s ability to use code enforcement processes as permitted by law as a means of enforcing the City’s codes and ordinances. 14. Governing Law The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida and exclusive venue selected for any proceeding Page 8 of 11 or suit in law or equity arising from or incident to this Agreement shall be in Pinellas County, Florida. 15. Notices Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed given upon actual receipt or upon the first refusal of the addressee to accept delivery after having been sent by registered or certified United States mail, postage pre-paid, return receipt requested, or by personal delivery (by overnight courier or otherwise) and addressed as follows: If to the City: City of Clearwater ATTN: City Manager P.O. Box 4748 Clearwater, Florida 33758 With a copy to: City of Clearwater ATTN: City Attorney P.O. Box 4748 Clearwater, Florida 33758 If to Clearmar: Clearmar, LLC ATTN: Mark Walsh 1001 E. Atlantic Avenue, Suite 202 Delray Beach, Florida 33483-6974 With a copy to: Katherine E. Cole, Esq. Hill, Ward, Henderson, P.A. 600 Cleveland Street, Suite 800 Clearwater, Florida 33755 Katie.Cole@HWHlaw.com If to TriProp: Triprop Clearwater LLC ATTN: Mark Walsh 1001 E. Atlantic Avenue Delray Beach, Florida 33483 Deb.howard@oplhotels.com With a copy to: Katherine E. Cole, Esq. Hill, Ward, Henderson, P.A. 600 Cleveland Street, Suite 800 Clearwater, Florida 33755 Katie. Cole@HWHlaw.com Page 9 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. [CITY SIGNATURE PAGE TO AIR RIGHTS EASEMENT AGREEMENT] Countersigned CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. _______________________________ By: __________________________ Brian J. Aungst, Sr. Jennifer Poirrier Mayor City Manager Date: __________________________ Date: __________________________ Approved as to Form: Attest: _______________________________ _______________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk Date: __________________________ Date: __________________________ Page 10 of 11 [CLEARMAR SIGNATURE PAGE TO AIR RIGHTS EASEMENT AGREEMENT] CLEARMAR, LLC, a Florida limited liability company By: Name: _____________________________ Title: _______________________________ Date of Execution: December _____, 2023 STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me by means  physical presence or  online notarization, this _____ day of December, 2023, by Mark Walsh as Manager of CLEARMAR, LLC, a Florida limited liability company, who  is personally known to me or  who has produced a driver’s license as identification. NOTARY PUBLIC Signature: _______________________________ My Commission expires: ____________________ Page 11 of 11 [TRIPROP SIGNATURE PAGE TO AIR RIGHTS EASEMENT AGREEMENT] TRIPROP CLEARWATER LLC, a Florida limited liability company By: Name: _____________________________ Title: ______________________________ Date of Execution: December _____, 2023 STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me by means  physical presence or  online notarization, this _____ day of December, 2023, by Mark Walsh as Manager of TRIPROP CLEARWATER LLC, a Florida limited liability company, who  is personally known to me or  who has produced a driver’s license as identification. NOTARY PUBLIC Signature: _______________________________ My Commission expires: ____________________ Exhibit “A” (Opal Sands Resort Legal Description) Legal Description A tract of land consisting of Lots 33, 34 and 35 and part of Lot 36, of LLOYD-WHITE-SKINNER SUBDIVISION, according to map or plat thereof recorded in Plat 13, pages 12 and 13, of the Public Records of Pinellas County, Florida, and lands and submerged lands lying between and Southerly, Southwesterly or Westerly of the mean high water mark, and the Bulkhead Line described in and set forth in Trustees of the Internal Improvement Fund of the State of Florida Disclaimer No. 22310, as recorded in Official Records Book 765, Page 542, of the Public Records of Pinellas County, Florida, said tract being described as follows: From the Northern most corner of said Lot 33, run South 77° 41'16" West, along the Northwesterly boundary of said Lot 33 and the Southwesterly extension thereof, a distance of 400.00, feet to a point on the Bulkhead Line described above; run thence Southeasterly along said Bulkhead Line along a curve to the left (radius - 1247.00 feet), an arc distance of 296.79 feet, (chord bearing - South 19° 07'51" East); run thence North 68° 55'27" East, a distance of 402.14 feet to a point on the Northeasterly boundary of said Lot 36; run thence Northwesterly along the Northeasterly boundaries of said Lots 36, 35, 34 and 33, which line is a curve to the right (radius - 847.00 feet), an arc distance of 235.76 feet (chord - 235.00 feet, chord bearing – North 20° 17'10" West) to the Point of Beginning. BEING THE SAME PROPERTY AS: A tract of land consisting of Lots 33, 34 and 35, and part of Lot 36, of LLOYD-WHITE- SKINNER SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County, Florida, and lands and submerged lands lying between and Southerly, Southwesterly or Westerly of the mean high water mark and the Bulkhead Line described in and set forth in Trustees of the Internal Improvement Fund of the State of Florida Disclaimer No. 22310, as recorded in Official Records Book 765, Page 542, of the Public Records of Pinellas County, Florida, said tract being described a follows: Begin at an iron pin at the Northeast corner of said Lot 33 and the West right-of-way margin of Gulf View Boulevard, said point being the True Point of Beginning; said point being the PC of a curve to the left, having a radius of 847.00 feet, and an arc distance of 235.76 feet; thence run along said curve to the left, and along the West right-of-way margin of Gulf View Boulevard, a chord bearing of South 20° 17'10" East, and a chord distance of 235.00 feet to an iron pin; thence run South 68° 55'27" West, for a distance of 402.14 feet to an iron pin, said point being the PC of a curve to the right, having a radius of 1,247.00 feet, and an arc distance of 296.79 feet; thence run along said curve to the right, a chord bearing of North 19° 07'51" West, and a chord distance of 296.09 feet to an iron pin, thence run North 77° 41'16" East, for a distance of 400.00 feet to a point and back to the True Point of Beginning. Exhibit B (Opal Sol Legal Description) Parcel 3 DESCRIPTION: A portion of the East 1/2 of the Gulf View Boulevard right-of-way (now known as South Gulfview Boulevard), shown on THE LLOYD-WHITE-SKINNER SUBDIVISION plat, recorded in Plat Book 13, Pages 12 and 13 of the Public Records of Pinellas County, Florida, being more particularly described as follows: BEGIN at the Northwest corner of Lot 72 of said THE LLOYD- WHITE-SKINNER SUBDIVISION; thence along the Easterly right-of- way line of said South Gulfview Boulevard the following course and curve; S.00°00'00"W, 85.15 feet to the beginning of a curve concave to the East, having a radius of 777.00 feet, thence Southeasterly, 160.28 feet along said curve through a central angle of 11°49’09” (chord bears S.05°50’10”E., 160.00 feet); thence non-tangent to said curve, N.55°08’15”W., 49.74 feet to the center line of said right-of-way and the beginning of a non-tangent curve concave to the East, having a radius of 812.00 feet, thence Northwesterly, 131.30 feet along said curve and center line through a central angle of 09°15’52” (chord bears N.04°34’14”W., 131.15 feet); thence N.00°00’00”E., 80.83 feet along said center line to the Westerly extension of the Northerly boundary line of said Lot 72; thence N.82°58’18”E., 35.26 feet along said extension to the POINT OF BEGINNING. Containing 8,000.5653 Square Feet (0.1837 Acres), more or less. Exhibit D Minimum Maintenance and Inspection Requirements for Pedestrian Bridge A. User Safety. The Pedestrian Bridge will be inspected by a Florida licensed professional engineer on a regular basis, and, at minimum, once every two (2) years, to verify that all user safety related elements are in serviceable condition. In the event the requirements set forth in this exhibit do not meet minimum FDOT requirements, FDOT requirements for Bridge Maintenance Reference Manual shall govern. FDOT Bridge Maintenance Manual provides preventative maintenance activities for superstructure and substructure elements. Areas to inspect include but are not limited to: (1) All guardrails, railing systems, handrails, rub rails, toe plates, fencing, pickets, deck drainage, and other features intended for user safety should be checked to insure that they have not been structurally compromised. There should be no sharp edges, burns, protrusions or other abnormalities that could result in bodily injury to the user. (2) Deck surfaces should be kept free of foreign objects and inspected to verify that no damage has occurred that might present a trip or slip hazard. B. Structural Integrity. At least one inspection shall be performed no less than once every two (2) years by a Florida licensed professional engineer to ascertain the structural condition of the Pedestrian Bridge. This visual inspection should include, but not limited to , deficiencies : (1) General inspection for damage that might have been caused from impact. This might include damage to the ends of the Pedestrian Bridge from maintenance or other vehicles or in the case of a bridge spanning a roadway, damage to the bottom of the underside or bottom chords. (2) Welds between verticals, diagonals and chords should be inspected for any sign of cracking. (3) Check for any significant corrosion or pitting metal surfaces. Trapped debris in the joints of the structure could lead to crevice corrosion and should be kept clean. (4) Check all concrete elements for any deficiencies including but not limited to cracking (working, non-working, structural, non-structural, etc.), delamination, spalling, corrosion, beam end damage, impact damage, settlement, etc. (5) Check all steel elements for any deficiencies including but not limited to corrosion, fatigue cracking, bending / buckling elements, loose, missing, or broken fasteners, distortion, impact damage, settlement, etc. (6) Check anchor bolts for possible damage and to verify they are secure. Inspect bearing plates to verify they are functioning properly. Bearing plate bolt slots should be kept free of debris for intended use as expansion joints for the Pedestrian Bridge. (7) If the Pedestrian Bridge contains spliced members, the bolts should be examined to verify no damage exists, excessive corrosion has not occurred to the metal in way of the bolt and they are secure. (8) bridge deck, joints, slabs, beams / girders, trusses, panels, pre-fabricated elements, temporary elements to facilitate short and long term maintenance, superstructure, substructure, abutments, wingwalls, piers, foundations, slope protection, etc., as applicable C. Daily Maintenance (as needed) (1) Pick up all trash/debris. (2) Sweep Pedestrian Bridge of all foreign material (i.e., sand, dirt, etc.) D. Monthly Maintenance (as needed) (1) Pressure washing of Pedestrian Bridge surface, as needed. (2) Removal of gum or other foreign materials that are stuck to the Pedestrian Bridge surface, as needed. (3) Coatings / Painting, as needed Exhibit E City of Clearwater Insurance Requirements The Developer shall, at its own cost and expense, acquire and maintain during the term of the Agreement with the City, insurance as set forth below. Coverage shall be obtained with insurers having an AM Best Rating of A-VII or better. Specifically, the Developer must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: A. Commercial General Liability Insurance coverage, including but not limited to, bodily injury, personal injury, death, property damage, premises operations, products/completed operations, severability of interest, and contractual liability in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. B. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. C. Worker's Compensation (WC) & Employer's Liability Insurance coverage for all employees, Worker’s Compensation as required by Florida law and Employer’s Liability with minimum limits of $1,000,000 bodily injury each accident, $1,000,000 bodily injury by disease each employee, and $1,000,000 (one million dollars) bodily injury by disease policy limit. D. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies and shall provide the severability of interest provision. E. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Developer will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and evidencing the City as an “Additional Insured” for General and Automobile Liability coverages. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Engineering P.O. Box 4748 Clearwater, FL 33758-4748 F. The insurance coverages required herein are to be primary, with respect to any losses or claims arising in connection with the Pedestrian Bridge. The Developer shall give the City written notice of any cancellation, non-renewal, termination, material reduction in coverage within five (5) business days after the Developers becomes aware of the same. The City may require a reasonable increase to these limits based on the City’s standard Risk Management practices with one hundred and eighty (180) days’ written notice to the Developers. G. Contractors Insurance- In addition to the insurance to be maintained by Developers throughout the term of this Agreement, during the construction and at times when necessary repairs, maintenance or inspections require use of City right-of-way, Developers shall require its contractors to provide the following minimum insurance: Commercial General Liability (including products and completed operations liability) with limits no less than $1,000,000 (one million dollars) per occurrence, $2,000,000 (two million dollars) general aggregate; and $2,000,000 (two million dollars) products and completed operations aggregate; Commercial Automobile Liability Insurance with limits no less than $1,000,000 (one million dollars) combined single limit and Workers Compensation as required by Florida law and Employer’s Liability with minimum limits of $1,000,000 bodily injury each accident, $1,000,000 bodily injury by disease each employee, and $1,000,000 (one million dollars) bodily injury by disease policy limit. Developer shall require contractors to add the City as an “Additional Insured” for General and Automobile Liability coverages on a primary and non-contributory basis. In addition, when requested in writing from the City, Developer shall require such contractors to provide the City with Certificates of Insurance, reasonably acceptable to City. ! ! ! ! ! ! ! !S GULFV IEW BLVD FIFTH ST CORONADODR430 405 433 395 400 437 409 Document Path: C:\Users\kevin.flynn\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\Clearmar & Triprop Air Rights Easement\Clearmar & Triprop Air Rights Easement.aprx Prepared by:Department of Public Works - EngineeringGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2023 Air Rights Easement Agreement Elevated Pedestrian Bridge South Gulfview Boulevard ² N.T.S.Scale:KFMap Gen By:RKReviewed By:12/1/2023Date: AERIAL MAP PROPOSED AIR RIGHTS EASEMENT Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1556 Agenda Date: 12/19/2023 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Amend City Council Policies 2-21, Special Events Fee, and establish City Council Policy 5-9: Taxation of Fringe Benefits Provided to City Employees, Former Employees, and Elected Officials. SUMMARY: Staff is requesting to amend the following policies as follows: ·Policy 2-21: Special Events Fee. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King, Jr. Celebration. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those events (greater than $20,000, and a lump sum amount to fund the “Special Events Assistance Program” for events less than $20,000), to be submitted in the budget will be brought for City Council consideration and acceptance by June of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the event item is passed as part of the approved budget is the event item considered to be funded. All city department funding and support for sponsored or co-sponsored special events will be approved through the special event process. Soliciting for additional funding or support from individual city departments outside of this policy will not be allowed. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. Staff is requesting to establish Policy 5-9, Taxation of Fringe Benefits Provided to City Employees, Former Employees, and Elected Officials: It is a policy of the City Council to report to the Internal Revenue Service, and to withhold appropriate taxes relating to, benefits provided to employees that are in the nature of compensation. The following guidance is provided by to assist City employees and departments in understanding the tax treatment of various fringe benefits, as well as the reporting and withholding rules that the City must follow as the employer. The City cannot give personal tax advice. For specific concerns/questions relative to an individual tax situation, employees should Page 1 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1556 consult their personal tax accountant or advisor. Guidance In general, a fringe benefit is any property or service that an employee (including certain independent contractors) receives in lieu of, or in addition to, regular compensation. Fringe benefits can take many forms and this policy does not address whether or not a City employee is eligible to receive a particular fringe benefit. Examples of fringe benefits include (but are not limited to) such items as gift certificates, tickets to sporting, theater, or recreational events, certain club memberships, spouse/companion travel, automobiles, housing, meals, awards or prizes. References herein to the Internal Revenue Code (IRC) and Treasury Regulations (Reg.) are provided, along with other IRS guidance that may be helpful. However, the guidance is not intended to be all-inclusive. For new or unique situations, please contact [the Human Resources Office] to ensure that the appropriate tax treatment is applied. It is the employee’s responsibility to determine his or her obligation to report and pay income taxes. General Rule Generally, all fringe benefits are taxable, unless excluded by law. For a fringe benefit to be taxable, it need not be furnished directly to the employee by the City, as long as the benefit is provided in connection with the performance of services for the City. A fringe benefit may be taxable to a person even though the person did not actually receive it. Similarly, a fringe benefit that is not provided directly by the City, but by a third party will be subject to tax reporting by the City if the benefit was compensatory in nature or was provided through an arrangement with the City. For example, tickets provided directly by a third party through an arrangement with the City are considered compensation provided by the City. Amount of Income The amount of income that is taxable to the employee as a fringe benefit is its fair market value (FMV), rather than the cost to the City or the relative value to the employee. The FMV is the amount an individual would have to pay a third party in an arm’s-length transaction to buy or lease the benefit. Tax Withholding and Reporting Taxable fringe benefits for employees will be reported as taxable wages on IRS Form W-2. Most taxable fringe benefits are subject to federal income tax withholding, as well as social security and Medicare taxes. The tax withholding on fringe benefits may be spread over multiple pay periods during the tax year. Benefits provided in the last two months of the year, may have taxation carried into the following year. Taxable fringe benefits for non-employee independent contractors are not subject to tax withholding, but may be reportable on IRS Form 1099-MISC. Compliance with Information Requests Due to the many types and methods of providing fringe benefits, an important aspect of tax compliance is the tracking of fringe benefits as they occur. Specific processes may apply to certain fringe benefits, as discussed separately. Employees are expected to comply with any procedures or requests for information with respect to the benefit being provided. Exclusions from Taxation Not all fringe benefits are taxable or not taxable in all circumstances. Often, the nature of the activity, the specific use of the benefit, and the role of the individual employee determine whether a benefit is taxable or not taxable in a specific situation. IRC § 132 provides four general provisions that may apply to exclude fringe benefits from taxation. See below for a brief description of each. Page 2 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1556 Working Condition Fringe Benefit Exclusion - IRC § 132(d); Reg. § 1.132-5 Working condition fringe benefits are generally defined as any property or services provided by the City that, if paid by the employee directly, would be deductible as a trade or business expense under IRC §§ 162 or 167. Thus, if the employee were being asked to attend or expected to attend an event relevant to his or her role with the City or purchase an item that would otherwise constitute an ordinary and necessary business expense relating to their position with the City, then the benefit may be considered a working condition fringe benefit. This answer may differ based on the role of the employee with the City. The value of a working condition fringe benefit is excludable from an employee’s income. To be excludable as a working condition fringe benefit, all of the following must apply: •the benefit must relate to the employer’s business, •the employee would have been entitled to an income tax deduction if expense had been paid personally, and •the business use must be substantiated with records. For purposes of the working condition fringe benefit exclusion, the following are considered “employees”: Reg. § 1.132-1(b)(2) and § 1.132-5(r) •Current employees •Independent contractors •Volunteers De Minimis Fringe Exclusion - IRC § 132(e); Reg. § 1.132-6 A fringe benefit qualifies for exclusion as a de minimis (minimal) fringe benefit if value and frequency with which the benefit is provided are low enough such that accounting for the benefit is unreasonable or administratively impractical. The conceptual basis of the de minimis exclusion is not only that the benefit is small, but that it is administratively impractical to track. This is why cash or cash equivalents (e.g., MotivateMe redemption gift cards) of any amount are never considered a de minimis fringe benefit. Reg. § 1.132-6 provides the following examples of items that may be excludable as de minimis, if they are infrequent and not routine, include: •occasional coffee, soft drinks and snack items furnished to employees •occasional parties, group meals, or picnics for employees and their guests •occasional theater or sporting event tickets (not season tickets) •traditional holiday gifts of property (not cash) with a low fair market value •flowers, fruit, books, or similar items provided under special circumstances Reg. § 1.132-6 provides the following examples of fringe benefits that are not excludable as de minimis: •season tickets to sporting or theatrical events •commuting use of an employer-provided automobile more than one day a month •membership in a private country club •use of employer-owned or leased facilities (such as an apartment, hunting lodge, boat, etc.) for a weekend Page 3 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1556 •Cash or cash equivalents (gift certificates, gift cards, etc.) do NOT qualify as de minimis, no matter how small the amount. For purposes of the de minimis exclusion, the term “employee” means any recipient of a fringe benefit. Reg. §1.132-1(b)(4) No-Additional-Cost Service Exclusion - IRC §132(b); Reg. §1.132-2 A free or reduced charge service provided to employees is excludable from income as a no-additional-cost service if: •the service is offered for sale to customers in the ordinary course of the City’s business, and •the City does not incur substantial additional expense, including foregone revenue, in providing the service to the employee. This means that the service is being provided at an excess capacity, and the use by an employee does not displace other customers. For purposes of the no-additional-cost services exclusion, the term “employee” includes the following: Reg. §1.132-1(b)(1) •a current employee •the employee’s spouse •the employee’s dependent child •a former employee who retired or left on disability •a widow(er) of an individual who died while employed No-additional-cost benefits made available only to highly compensated employees are not excludable. Reg. §1.132-8 Qualified Employee Discount Exclusion - IRC §132(c); Reg. §1.132-3 An employee is not required to include in gross income any qualified discount received from the City on property or services that the City offers for sale to customers in the ordinary course of business, as long as the discount does not exceed: •In the case of services, 20% of the price at which a service is offered to customers •In the case of property, the gross profit percentage multiplied by the price at which property is offered to customers in the ordinary course of business. This means that the property can’t be discounted below cost. Any excess discount would be treated as taxable income. For purposes of the qualified employee discount exclusion, the term “employee” includes the following: Reg. §1.132-1(b)(1) •a current employee •the employee’s spouse •the employee’s dependent child •a former employee who retired or left on disability •a widow(er) of an individual who died while employed To qualify for exclusion, the discount must not discriminate in favor of highly compensated employees. Reg. §1.132-3(a)(6) Page 4 City of Clearwater Printed on 12/14/2023 CITY OF CLEARWATER CITY COUNCIL POLICIES Adopted 06-08-23 i Draft – 2023-12-19 CITY COUNCIL POLICY MANUAL Table of Contents POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 1 – BOARDS 1-1 Ad Hoc Committees 1-2 Advisory Board Appreciation 12/1/16 1-3 Campaign Material During Meetings 1-4 City Representatives on Non-City Boards 12/1/16 1-5 Input from Advisory Boards 11/3/22 1-6 Input to Other Boards/Committees 12/1/16 1-7 Representative Balance 11/3/22 1-8 Special Requests 2 – BUDGET and FINANCE 2-1 Accounting Procedures 2-2 Auditor Selection Committee 12/1/16 11/7/19 2-3 Balanced Budget 2-4 Budget Review Process 12/1/16 2-5 Budgetary Position Control 12/1/16 2-6 CRA Contribution to General Fund 2-7 Capital Improvement Budget & Capital Improvement Plan 2-8 Central Insurance Reserve Policy 10/6/05 2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16 2-10 Debt Management Policy 12/1/16 2-11 Enterprise Funds 2-12 Enterprise Fund Transfer Payment 5/17/17 2-13 General Fund Unappropriated Retained Earnings 9/14/11 2-14 Interfund Administrative Charge 12/1/16 2-15 Interfund Other Service Charges 2-16 Investment Policy 5/17/18 2-17 Maintenance of Capital Plant and Equipment 2-18 Review of Annual Audit 2-19 Review of Rate Schedules 5/17/17 2-20 Road Millage 2-21 Special Events Fee 8/20/20 12/19/23 ii Draft – 2023-12-19 CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 3 – CITY COUNCIL 3-1 Annual Events 12/1/16 3-2 Citizen Inquiries - Responses 8/20/20 3-3 Council Travel 12/1/16 3-4 Departing Councilmembers’ Gifts 8/20/20 3-5 Distribution of Council Correspondence 8/20/20 3-6 Fund Raisers 11/20/14 3-7 Proclamations 12/1/16 3-8 Representation on Boards 12/1/16 3-9 Resolutions 3-10 Staff Projects 12/1/16 3-11 Strategic Direction/Planning 12/1/16 3-12 Televising Council Meetings 4 – CITY EMPLOYEES 4-1 Participating in Auctions 5 – GENERAL ADMINISTRATION 5-1 Application Fee Waivers 8/14/18 5-2 Citizens to be Heard Response 10/6/05 5-3 Courtney Campbell Causeway (State Road 60) Welcome Signage Program 11/20/14 8/20/20 5-4 Renewal of Agreements 5-5 Roadside Memorial Marker Program 11/20/14 12/1/16 5-6 Special Event Street Closure Limitation 2/16/17 11/3/22 5-7 Stationery 11/3/22 5-8 Use of Admission Tickets and VIP passes for City- Sponsored Events, Co-Sponsored Events and Events at The Sound 06/08/23 5-9 Taxation of Fringe Benefits Provided to City Employees, Former Employees, and Elected Officials. 12/19/23 iii Draft – 2023-12-19 CITY COUNCIL POLICY MANUAL Table of Contents – Cont’d POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION 6 – LAND DEVELOPMENT 6-1 Foreclosure 3/1/18 6-2 Waiver/Reduction of Liens 12/19/23 7 – LEGAL 7-1 Case Reports 8 – LEISURE 8-1 Holiday Decorations 12/1/16 8-2 Library Donor Naming Recognition 8-3 Renaming City Parks 11/7/19 1 Draft – 2023-12-19 CITY COUNCIL POLICY BOARDS Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. 1-1 Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. 1-2 Campaign Material During Meetings. During City Council and board meetings, board members will not endorse candidates or display material supporting or opposing candidates or issues on any election ballot. 1-3 City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. 1-4 Input from Advisory Boards. Councilmembers will agenda discussion items that require advisory board action and provide staff direction if there is council consensus. 1-5 Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. 1-6 Representative Balance. When making appointments to a board, the City Council will strive to ensure the board has a balance of race, gender and geographical area of the City represented. 1-7 Special Requests. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. 1-8 2 Draft – 2023-12-19 CITY COUNCIL POLICY BUDGET and FINANCE Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. 2-1 Auditor Selection Committee. It is a policy of the City Council to have an Auditor Selection Committee for the selection of a Certified Public Accounting firm for the annual financial audit, in compliance with Section 218.391, Florida Statutes. The Auditor Selection Committee will be appointed by the City Council and shall be comprised of one council member, who shall act as chair and at least two members to be chosen by City Council, who are not officers or employees of the City. The Auditor Selection Committee may include the City Auditor and the City Finance Director to serve in non-voting advisory capacity only in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee will be responsible to assist City Council in selecting an external auditor to conduct the annual financial audit and serve other audit oversight purposes in accordance with the requirements of Section 218.391, Florida Statutes. The Auditor Selection Committee may also manage the audit process as appropriate. 2-2 Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. 2-3 Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. 2-4 Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. 2-5 CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. 2-6 3 Draft – 2023-12-19 Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2-7 Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self- insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. 2-8 Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system-wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. “City Representative” means a representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. ”Directive” means an instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 2-9 4 Draft – 2023-12-19 3. ”Financial Instruments” means one or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. 5. ”Hedge” means to minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. ”Speculation” means using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. 2-9 cont’d Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long-term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. 2-10 5 Draft – 2023-12-19 B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost- effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1. The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2. The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3. As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4. Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a. Promote competition b. Be as objective as possible c. Incorporate clear and rational selection criteria d. Be independent of political influence e. Be perceived as fair by the respondents f. Result in a cost-effective transaction g. Result in the selection of the most qualified firm h. Eliminate conflict of interest B. Method of Sale 1. Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3. Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1. Bonds will generally not have more than a thirty-year duration. 2. Lease Purchase debt will generally not have more than a five-year duration. 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 2-10 cont’d 6 Draft – 2023-12-19 1. Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2. Qualified use of bond proceeds – ongoing 3. Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4. Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5. Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 6. Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7. Significant Events – upon occurrence through EMMA Dataport 8. Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1. The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2. The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3. The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4. The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5. The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1. The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2. The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3. Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4. The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1. When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council 2-10 cont’d 7 Draft – 2023-12-19 will be notified to take additional steps, if necessary, to timely correct the noncompliance. 2. Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1. Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2. Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3. Documentation evidencing the use of debt-financed property, including records of lease or sale of debt-financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4. Documentation evidencing all sources of payment or security for the debt. 5. Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports 2-10 cont’d Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. 2-11 8 Draft – 2023-12-19 Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be 50% of the Gas System Net Income less Bond Interest Earnings, but no less than a $1,700,000, plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. 2-12 General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. 2-13 Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). 2-14 9 Draft – 2023-12-19 Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. 2-14 cont’d Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. 2-15 Investment Policy. 1. Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. 2. Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. 3. Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. 2-16 10 Draft – 2023-12-19 The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years 4. Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. 5. Authorized Investments The City shall limit investments, as authorized in Florida Statutes to: A. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. B. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). C. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. D. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. E. Debt issued by the State of Florida or any political subdivision thereof including pools. F. Securities of, or other interests in, any open-end or closed-end management- type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. G. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. 2-16 cont’d 11 Draft – 2023-12-19 H. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes. I. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. 6. Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. 7. Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% Collateralized Mortgage Obligations and Real Estate Mortgage Investment Conduits 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. 8. Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. 9. Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. 10. Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. 2-16 cont’d 12 Draft – 2023-12-19 11. Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’ B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: A. Bloomberg Information Delivery System. B. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. C. Daily market pricing provided by the City's Custody Agent or their corresponding institution. 12. Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Accounting Manager and any other City staff members appointed by the Finance Director. 13. Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 14. Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The 2-16 cont’d 13 Draft – 2023-12-19 members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. 2-17 Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. 2-18 Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted utility fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least six months’ operation and maintenance expense, whichever is greater, and three months for all other enterprise and internal funds 2-19 Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. 2-20 Special Events Fee. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King, Jr. Celebration. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those events (greater than $20,000, and a lump sum amount to fund the “Special Events Assistance Program” for events less than $20,000), to be submitted in the budget will be brought for City Council consideration and acceptance by June of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the event item is passed as part of the approved budget is the event item considered to be funded. All city department funding and support for sponsored or co-sponsored special events will be approved through the special event process. Soliciting for additional funding or support from individual city departments outside of this policy will not be allowed. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. 2-21 14 Draft – 2023-12-19 CITY COUNCIL POLICY CITY COUNCIL Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be invited to the annual Phillies dinner and advisory board appreciation event. 3-1 Citizen Inquiries - Responses. A. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. B. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. C. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. D. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers F. Form letters or emails may be acknowledged but will not require a customized response. G. Requests to support grant applications will be directed to the Council Assistant who will confirm with staff if a city application is being submitted for the grant application. H. Media interview requests that are not addressed to a specific council member, will be assigned in the following order (per availability): Mayor, Vice Mayor, remaining council members based on seniority. I. Council members scheduling individual meetings with the same citizen/group shall coordinate background information through the city manager prior to the scheduled meeting to ensure council members have consistent information. 3-2 Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. 3-3 Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate. 3-4 15 Draft – 2023-12-19 Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council daily. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward it to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. 3-5 Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. 3-6 Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. 3-7 Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. 3-8 16 Draft – 2023-12-19 Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. 3-9 Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the city charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. 3-10 Strategic Direction/Planning. Prior to June 1st of each year and prior to the development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these documents a five-year strategic plan will be updated. 3-11 Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed-door attorney/client or bargaining sessions will be televised. 3-12 17 Draft – 2023-12-19 CITY COUNCIL POLICY CITY EMPLOYEES Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds, or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. 4-1 18 Draft – 2023-12-19 CITY COUNCIL POLICY GENERAL ADMINISTRATION Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT (Ruth Eckerd Hall) will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC (Heritage Insurance) – waived permit, application, inspection, and other fees via Resolution 14-03 Pinellas Suncoast Transit Authority – waived plan review and permitting fees (council direction on 7/30/18) None of the above includes waiving impact fees. 5-1 Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. 5-2 Courtney Campbell Causeway (State Road 60) Welcome Signage Program. 1. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. 2. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. 3. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. 4. Installation of a welcome sign will be processed in accordance with the following: A. Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. B. The award to be recognized by the welcome sign must be of national or international significance. 1. Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in 5-3 19 Draft – 2023-12-19 recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2. Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. C. If approved, a welcome sign may be allowed for a period not to exceed two years. If no other request for signage has been submitted, the current sign may continue for an unspecified time until another application is accepted. D. Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City, no approval is necessary. E. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). F. The City Council must approve all welcome sign application requests. G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed. Renewal of Agreements. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. 5-4 Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. 1. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. 2. The policy will apply to fatalities occurring after January 1, 2005. 3. The installation of a roadside memorial marker will be processed in accordance with the following: A. Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. B. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. C. Memorial markers will not be allowed within the limits of active construction work zones. D. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. 5-5 20 Draft – 2023-12-19 E. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. F. The requesting citizen will be notified once the installation is complete. G. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. H. The memorial marker shall be a 15-inch diameter aluminum sign with a white background and black letters. I. The sign message will state ‘Drive Safely – In memory’ and the family will have the option of adding the deceased’s name to the sign. J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle Up,’ ‘Slow Down,’ etc. K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to the top of the sign. L. The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300. Upon request the sign becomes the property of the applicant. 5-5 cont’d Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City Manager may authorize additional closures. The City of Clearwater and council approved Co-Sponsored events shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. 5-6 Stationery. The City shall have letterhead designed by Public Communications on which the city seal will be imprinted to be used for official city business. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. 5-7 Use of Admission Tickets and VIP passes for City-Sponsored Events, Co- Sponsored Events and Events at The Sound. It is a policy of the City Council to establish guidelines for distributing and reporting entrance tickets, VIP passes or parking passes for special events sponsored or co-sponsored by the City of Clearwater and events at the Sound. Procedure The Parks and Recreation Department receives entrance tickets and VIP Passes for Special Events as part of contract negotiations. These tickets are distributed to the Elected Officials in the City Manager’s Office, employees, and volunteers to promote City representation or employee/volunteer appreciation. Every attempt will be made in each contract or agreement to specify not only the number of tickets to be distributed but also the people they are inviting to the event. 5-8 21 Draft – 2023-12-19 The Parks and Recreation Department will issue all special event tickets (i.e., VIP passes, parking tickets, entrances, etc.) and maintain a distribution log. The Department Director shall submit a copy of the reporting forms to the payroll department biweekly in accordance with the payroll department’s payroll schedule to accommodate any applicable tax reporting. 1. Distribution Process A. When an agreement specifies the individuals, the tickets are designated for, every effort will be made to request the attendance of those people. If those individuals specified cannot attend, the sponsor and/or co-sponsor will specify if the tickets can be used by other city employees. When an agreement does not specify how the tickets are to be distributed and are limited in number, but someone from the administration and/or elected officials are desired to be present, they will be offered in the following manner: 1. Elected Officials 2. City Manager, City Attorney, Assistant City Managers 3. Department Heads & Assistant Department Heads When an agreement does not specify how the tickets are to be distributed and they are of such quantity that they can be offered to a large group of employees they will be distributed on a first come first served basis (i.e., Sugar Sand, Thresher Tickets). For tax and reporting purposes the value of the tickets or passes must be determined prior to offering the invitation to attend. B. Tickets to the Sound – Section 5.3 City Ticket Allocation (i.e., Venue License Agreement) The City will receive 24 tickets for distribution. These tickets will not need to be purchased, however for tax and reporting purposes a value for the tickets will be declared and posted for city officials or city employees use.  Six tickets in first five rows  Six tickets in the highest price level  12 tickets in a section of Licensee’s choosing 1. Ruth Eckerd Hall releases dates for entertainment coming to The Sound 2. Ruth Eckerd Hall provides cost of the various tickets. 3. Once the event is released to the public, tickets are placed on a ticket roster managed by Parks and Recreation. 1. Six tickets in First Five Rows a. City Council members can reserve up to two tickets per event for themselves or for any person of their choosing. b. Order of distribution: Mayor; Council Member by seniority; Council Member starting by lowest seat number. 22 Draft – 2023-12-19 c. Seniority shall be based on the total number of years serving regardless of whether such years are contiguous. d. Tickets will be capped at a maximum of two tickets for initial distribution. e. Mayor; City Council Members must reserve their tickets within two weeks after being posted. f. If tickets remain after initial distribution, then up to two tickets will be available to the City Manager. g. If tickets remain, then up to two tickets will be available to the City Attorney to use or give to staff. h. Any tickets remaining at that point will go to Assistant City Managers. 2. Six tickets in the highest price level a. The six tickets in the highest price level but not in the first five rows shall be available in pairs to any Councilmember(s) who did NOT receive tickets to the first five rows of the show. b. Remaining tickets will be offered in order as outlined above. c. For any remaining tickets up to two are available to City Manager, City Attorney, Assistant City Managers for their use or to donate to anyone of their choosing. d. City Council members, City Manager, Assistant City Managers and City Attorney must reserve their tickets within two weeks after being posted. e. Any unclaimed tickets will be available to all city employees. 3. 12 tickets in a Section of the Licensee’s Choosing a. City employees desiring to attend one of the concerts must submit their names for the concert they want to attend, and a drawing will be held to choose the employee who can reserve a ticket. Details will be provided by the Parks and Recreation Department. b. In addition, extra tickets may be used as giveaways at other city events, special events, employee events, or part of an employee recognition program. Details will be provided by the Parks and Recreation and Human Resources Department. C. Ticket Purchase Availability 1. Subject to ticket availability, the Licensee shall afford the City Council Members and other City Officials an opportunity to purchase additional tickets beyond the 24 free tickets described above. 2.The timing of this opportunity shall coincide with a pre-sale period determined by the Licensee in the exercise of reasonable discretion. 3.Any additional tickets purchased by the City Council and other City Officials pursuant to this provision shall be paid by the City Council Member and/or City Official at full retail price, including any fees, surcharges, and taxes that would normally be assessed to any other retail purchaser. 4.Tickets purchased in this manner should be for the use of the City Council Members and/or City Officials and staff only. 5.Tickets will be available after donors but before the public can purchase tickets. Tickets will need to be purchased through online service provided by Ruth Eckerd Hall. 23 Draft – 2023-12-19 6.There is no guarantee that the additional seats purchased will be next to the city allotted ticketed seats. Note: Any tickets distributed by the Parks and Recreation Department cannot be sold to another person or third-party entity. Persons issued the tickets are responsible for reporting who uses the tickets and for the behavior and comportment of the persons using the tickets. 2. Reporting Requirements A. For purposes of tracking the distribution of tickets, a representative from the Parks and Recreation Department shall be responsible for completing a report (Exhibit A) that identifies the individual whom the tickets are issued, individual who uses the tickets, purpose of use (i.e., whether attendance is within scope of employment, etc.) and the number/value of ticket(s) and/or amenities provided. The value of attendance, which includes the ticket(s) provided and food/beverage, is to be determined in accordance with Florida Statutes, Section 112.3148(7)(h): Entrance fees, admission fees, or tickets shall be valued on the face value of the ticket or fee, or on a daily or per event basis, whichever is greater. B. In addition, pursuant to Florida Statutes, certain “reporting individuals,” “procurement employees” and others required to file public disclosure of financial interests, (as defined in §112.3148), must report gifts more than $100.00. The law requires each government entity that has given a gift to a reporting individual or procurement employee to provide that individual with a statement of the gift (having a value more than $100.00. The report shall contain a description of each gift, the date the gift was given and the value of the gift. In line with these requirements, the Parks & Recreation Department shall issue a statement to such individuals to whom issues a “gift” more than $100.00 on the form attached as Exhibit “B”. Public Officials such as city councilmembers and other employees of the city may be categorized as such and be required to report the tickets as gifts under Section 112.3148(8), Fla. Stat. It is the recipient’s responsibility to determine his or her obligation to report as an individual under the statute. Taxation of Fringe Benefits Provided to City Employees, Former Employees, and Elected Officials. It is a policy of the City Council to report to the Internal Revenue Service, and to withhold appropriate taxes relating to, benefits provided to employees that are in the nature of compensation. The following guidance is provided by to assist City employees and departments in understanding the tax treatment of various fringe benefits, as well as the reporting and withholding rules that the City must follow as the employer. The City cannot give personal tax advice. For specific concerns/questions relative to an individual tax situation, employees should consult their personal tax accountant or advisor. 5-9 24 Draft – 2023-12-19 Guidance: In general, a fringe benefit is any property or service that an employee (including certain independent contractors) receives in lieu of, or in addition to, regular compensation. Fringe benefits can take many forms and this policy does not address whether or not a City employee is eligible to receive a particular fringe benefit. Examples of fringe benefits include (but are not limited to) such items as gift certificates, tickets to sporting, theater, or recreational events, certain club memberships, spouse/companion travel, automobiles, housing, meals, awards or prizes. References herein to the Internal Revenue Code (IRC) and Treasury Regulations (Reg.) are provided, along with other IRS guidance that may be helpful. However, the guidance is not intended to be all-inclusive. For new or unique situations, please contact [the Human Resources Office] to ensure that the appropriate tax treatment is applied. It is the employee’s responsibility to determine his or her obligation to report and pay income taxes. General Rule Generally, all fringe benefits are taxable, unless excluded by law. For a fringe benefit to be taxable, it need not be furnished directly to the employee by the City, as long as the benefit is provided in connection with the performance of services for the City. A fringe benefit may be taxable to a person even though the person did not actually receive it. Similarly, a fringe benefit that is not provided directly by the City, but by a third party will be subject to tax reporting by the City if the benefit was compensatory in nature or was provided through an arrangement with the City. For example, tickets provided directly by a third party through an arrangement with the City are considered compensation provided by the City. Amount of Income The amount of income that is taxable to the employee as a fringe benefit is its fair market value (FMV), rather than the cost to the City or the relative value to the employee. The FMV is the amount an individual would have to pay a third party in an arm’s-length transaction to buy or lease the benefit. Tax Withholding and Reporting Taxable fringe benefits for employees will be reported as taxable wages on IRS Form W-2. Most taxable fringe benefits are subject to federal income tax withholding, as well as social security and Medicare taxes. The tax withholding on fringe benefits may be spread over multiple pay periods during the tax year. Benefits provided in the last two months of the year, may have taxation carried into the following year. Taxable fringe benefits for non-employee independent contractors are not subject to tax withholding, but may be reportable on IRS Form 1099-MISC. Compliance with Information Requests Due to the many types and methods of providing fringe benefits, an important aspect of tax compliance is the tracking of fringe benefits as they occur. Specific processes may apply to certain fringe benefits, as discussed separately. Employees are expected to comply with any procedures or requests for information with respect to the benefit being provided. Exclusions from Taxation Not all fringe benefits are taxable or not taxable in all circumstances. Often, the nature of the activity, the specific use of the benefit, and the role of the individual employee determine whether a benefit is taxable or not taxable in a specific situation. IRC § 132 provides four general provisions that may apply to exclude fringe benefits from taxation. See below for a brief description of each. 25 Draft – 2023-12-19 Working Condition Fringe Benefit Exclusion – IRC § 132(d); Reg. § 1.132-5 Working condition fringe benefits are generally defined as any property or services provided by the City that, if paid by the employee directly, would be deductible as a trade or business expense under IRC §§ 162 or 167. Thus, if the employee were being asked to attend or expected to attend an event relevant to his or her role with the City or purchase an item that would otherwise constitute an ordinary and necessary business expense relating to their position with the City, then the benefit may be considered a working condition fringe benefit. This answer may differ based on the role of the employee with the City. The value of a working condition fringe benefit is excludable from an employee’s income. To be excludable as a working condition fringe benefit, all of the following must apply:  the benefit must relate to the employer’s business,  the employee would have been entitled to an income tax deduction if expense had been paid personally, and  the business use must be substantiated with records. For purposes of the working condition fringe benefit exclusion, the following are considered “employees”: Reg. § 1.132-1(b)(2) and § 1.132-5(r)  Current employees  Independent contractors  Volunteers De Minimis Fringe Exclusion – IRC § 132(e); Reg. § 1.132-6 A fringe benefit qualifies for exclusion as a de minimis (minimal) fringe benefit if value and frequency with which the benefit is provided are low enough such that accounting for the benefit is unreasonable or administratively impractical. The conceptual basis of the de minimis exclusion is not only that the benefit is small, but that it is administratively impractical to track. This is why cash or cash equivalents (e.g., MotivateMe redemption gift cards) of any amount are never considered a de minimis fringe benefit. Reg. § 1.132-6 provides the following examples of items that may be excludable as de minimis, if they are infrequent and not routine, include:  occasional coffee, soft drinks and snack items furnished to employees  occasional parties, group meals, or picnics for employees and their guests  occasional theater or sporting event tickets (not season tickets)  traditional holiday gifts of property (not cash) with a low fair market value  flowers, fruit, books, or similar items provided under special circumstances Reg. § 1.132-6 provides the following examples of fringe benefits that are not excludable as de minimis:  season tickets to sporting or theatrical events  commuting use of an employer-provided automobile more than one day a month  membership in a private country club  use of employer-owned or leased facilities (such as an apartment, hunting lodge, boat, etc.) for a weekend 26 Draft – 2023-12-19  Cash or cash equivalents (gift certificates, gift cards, etc.) do NOT qualify as de minimis, no matter how small the amount. For purposes of the de minimis exclusion, the term “employee” means any recipient of a fringe benefit. Reg. §1.132-1(b)(4) No-Additional-Cost Service Exclusion – IRC §132(b); Reg. §1.132-2 A free or reduced charge service provided to employees is excludable from income as a no-additional-cost service if:  the service is offered for sale to customers in the ordinary course of the City’s business, and  the City does not incur substantial additional expense, including foregone revenue, in providing the service to the employee. This means that the service is being provided at an excess capacity, and the use by an employee does not displace other customers. For purposes of the no-additional-cost services exclusion, the term “employee” includes the following: Reg. §1.132-1(b)(1)  a current employee  the employee’s spouse  the employee’s dependent child  a former employee who retired or left on disability  a widow(er) of an individual who died while employed No-additional-cost benefits made available only to highly compensated employees are not excludable. Reg. §1.132-8 Qualified Employee Discount Exclusion – IRC §132(c); Reg. §1.132-3 An employee is not required to include in gross income any qualified discount received from the City on property or services that the City offers for sale to customers in the ordinary course of business, as long as the discount does not exceed:  In the case of services, 20% of the price at which a service is offered to customers  In the case of property, the gross profit percentage multiplied by the price at which property is offered to customers in the ordinary course of business. This means that the property can’t be discounted below cost. Any excess discount would be treated as taxable income. For purposes of the qualified employee discount exclusion, the term “employee” includes the following: Reg. §1.132-1(b)(1)  a current employee  the employee’s spouse  the employee’s dependent child  a former employee who retired or left on disability  a widow(er) of an individual who died while employed 27 Draft – 2023-12-19 To qualify for exclusion, the discount must not discriminate in favor of highly compensated employees. Reg. §1.132-3(a)(6) 28 Draft – 2023-12-19 CITY COUNCIL POLICY LAND DEVELOPMENT Foreclosure. In order to address blighted and vacant properties within the City, the following factors will be considered for utilization of the foreclosure process to put properties in the hands of new owners who will care for and use the property to promote economic development within the City. 1. All properties are considered (commercial, residential, and vacant lots). 2. Properties with mortgages are considered. 3. Properties that are occupied are considered. 4. Properties with significant code or other city liens are considered. 5. Homestead exempted properties will not be considered. Once a property is selected and referred to the City Attorney for review, a demand letter may be sent to the property owner requesting payment of the liens in full prior to initiating a foreclosure action. If contact cannot be made, or payment is not received by the date indicated in the letter, the City Attorney shall seek authorization from the City Council to initiate a foreclosure action against the property. 6-1 Waiver/Reduction of Liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. 1. Whether the violation has been brought into compliance regarding the violation cited. 2. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. 3. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. 4. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. 5. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. 6. Whether payment would hinder a proposed sale of the property. 7. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. 8. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 6-2 29 Draft – 2023-12-19 CITY COUNCIL POLICY LEGAL Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 7-1 30 Draft – 2023-12-19 CITY COUNCIL POLICY LEISURE Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. 8-1 Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example, "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 8-2 Renaming City Parks. The Parks & Recreation Board will not consider any requests to rename existing parks unless requested by motion of the City Council (per Resolution 09-31). The Board will conduct an advertised public hearing for the proposal and formulate a recommendation to the City Council for a final decision. 8-3 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1551 Agenda Date: 12/19/2023 Status: City Manager ReportVersion: 1 File Type: City Manager Verbal Report In Control: Planning & Development Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Council Discussion of the Use of Shipping Containers On Cleveland Street. SUMMARY: City Council directed staff to study the possibility of using shipping containers on Cleveland Street. The Planning and Development Department conducted research on the use of shipping containers within public rights-of-way and had discussions with multiple city departments to determine the feasibility of this concept. Staff will present the findings of the research, as options for consideration. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: STRATEGIC PRIORITY: Page 1 City of Clearwater Printed on 12/14/2023 City Council December 19, 2023 Mobile Vendors •Temporary – Not Affixed to Ground •Movable As Needed/ Required •Self Contained -No Need for Utility Connections •No Restroom Requirements Per Code Parklets •Activation of Space •Gathering Areas •Small Recreation/Family Spaces •Educational Spaces •Would Be Exempt from Fire & Building Code Requirements •Units Would be Primarily Contained -No Utility Hook-Ups Required •No Restrooms Required •Supports Small Business Opportunities •Minimal Code Amendment Needed •Opportunities for More Businesses to Locate on Cleveland Street •Flexibility in Tenants –Could Structure Program in Variety of Ways Re: Tenant Occupancy •Activation of Public Space •Could Specify Types of Businesses Allowed to Attract Unique/Different Businesses to Cleveland Street PROS •May Compete with Other Downtown Markets/Coachman Park •Noncontinuous Row of Parking Spaces Limits Continuity of Vendors •Potential Lack of Critical Mass if Few Vendors Participate or Distance is Too Great Between Vendors •May Not be “Mobile” Enough to Attract Vendors if Occupancy Commitments Are Too Long •Aesthetic Concerns Depending on Design of Vehicle/Trailer (Especially When Viewed From Across Street) •Finding Nonprofit/Organization to Operate Unless Downtown Market Manager Can Handle •Weather Impacts (Rain & Heat) on Sales •Solid Waste Management •On-Street Parking Would be Eliminated if Located in 600 Block POTENTIAL CHALLENGES Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 23-19 Agenda Date: 12/19/2023 Status: Attorney ReportVersion: 1 File Type: ResolutionIn Control: City Attorney Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Create Council Rule 16 requiring measurable annual goals for the City Manager and City Attorney and adopt Resolution 23-19. SUMMARY: Section 2.01(c)(1) of the City Charter requires the City Council to present a report on the evaluation of the performance of the City Manager and the City Attorney each October. However, neither the City Charter nor city ordinances describe the format in which that report should be made, or the standards against which that report should be measured, and the lack of definition tends to produce a system in which individual councilmembers create individual goals for the City Manager and City Attorney. Because individual Councilmembers’ goals may be incompatible with the goals of other Councilmembers or require the commitment of time and resources that other Councilmembers feel are best devoted elsewhere, and due to Florida’s Sunshine Law, individual Councilmembers have no mechanism to discuss official business with each other and reach consensus outside of a publicly noticed meeting. The City’s success in accomplishing its strategic objectives depends on a unity of purpose and consistent strategy, and it is in the City’s best interest to have clear measurable goals for the City Manager and the City Attorney. STRATEGIC PRIORITY: This agenda item promotes the strategic priorities of high performing government and superior public service. Page 1 City of Clearwater Printed on 12/14/2023 Resolution No. 23-19 RESOLUTION NO. 23-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2.01(c)(1) of the City Charter requires the City Council to present a report on the evaluation of the performance of the City Manager and the City Attorney each October; and WHEREAS, neither the City Charter nor City Ordinances describe the format in which that report should be made, or the standards against which that report should be measured; and WHEREAS, the lack of definition tends to produce a system in which individual Councilmembers create individual goals for the City Manager and City Attorney; and WHEREAS, individual Councilmembers’ goals may be incompatible with the goals of other Councilmembers, or require the commitment of time and resources that other Councilmembers feel are best devoted elsewhere; and WHEREAS, due to Florida’s Sunshine Law, individual Councilmembers have no mechanism to discuss official business with each other and reach consensus outside of a publicly noticed meeting; and WHEREAS, the City’s success in accomplishing its strategic objectives depends on a unity of purpose and consistent strategy; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Council Rule 16 is hereby created to read as follows: In September of each calendar year, the City Manager and City Attorney shall suggest at least one and no greater than three goals to accomplish in the year ahead. These suggested goals may either be shared with Council through one-on-one meetings or at a public meeting. The suggested goals shall be Specific, Measurable, Attainable, Relevant, and Timely – also known as S.M.A.R.T. format. The goals shall be ranked in priority order, with the first goal representing the highest priority. In October of each calendar year, the City Council shall, by majority vote, either adopt the goals suggested by the City Manager and City 2 Resolution 23-19 Attorney or modify those goals. Any Councilmember may move to delete, modify, or add a goal. The motion to add a goal may, at the Councilmember’s option, either be in S.M.A.R.T. format or a different format. There are no limit to the number of goals that can be added. However, when moving to add a goal, the Councilmember must also propose a priority ranking, relative to the other goals. If two goals appear to contradict each other or require the investment of time and resources necessary to accomplish the other goal, then the City Council shall by majority vote determine which goal to include and which goal to remove. Any Councilmember may, at a publicly noticed work session, discuss the addition, deletion, or modification of a goal during the year. If there appears to be consensus regarding the addition, deletion, or modification, it may be placed on the consent agenda for the regular Council meeting. If the proposing Councilmember does not receive consensus, it shall be scheduled for a roll call vote at the regular Council meeting. Section 2. This resolution shall take effect January 1, 2024. PASSED AND ADOPTED this _______ day of _____________, 2023. ____________________________ Brian Aungst, Sr Mayor Approved as to form: Attest: __________________________ _____________________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 23-20 Agenda Date: 12/19/2023 Status: Attorney ReportVersion: 1 File Type: ResolutionIn Control: City Attorney Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Resolution 23-20 regarding PSTA local bill. SUMMARY: At a recent Council meeting, Councilmember Allbritton requested a resolution opposing a local bill that proposes to restructure PSTA's governing board. A majority of the Council has agreed to consider this request. As directed, the City Attorney has created a draft resolution for Council's consideration. Page 1 City of Clearwater Printed on 12/14/2023 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 1 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to Pinellas Suncoast Transit 2 Authority, Pinellas County; amending chapter 2000-424, 3 Laws of Florida, as amended; revising the definition 4 of the term "public transit"; revising membership of 5 the governing body of the authority; revising powers 6 of the authority; establishing requirements for 7 advertising placed on authority property; providing 8 for best budget practices; establishing procedures for 9 lane elimination; prohibiting certain offices, boards, 10 employees, or other actors whose purpose is to 11 eliminate or reallocate public lanes; requiring 12 semiannual reporting of certain provisions to the 13 Pinellas Board of County Commissioners; specifying 14 severability; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (6) of section 2, subsection (2) of 19 section 3, and section 4 of section 2 of chapter 2000-424, Laws 20 of Florida, as amended by chapters 2002-341 and 2006-327, Laws 21 of Florida, are amended, and sections 14 through 22 are added to 22 section 2 of that chapter, to read: 23 Section 2. Definitions.—As used in this act, unless the 24 content clearly indicates otherwise, the following terms shall 25 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 2 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S have the meanings set forth below: 26 (6) "Public transit" means transportation of passengers 27 for hire by means, without limitation, of a street railway, 28 elevated railway, subway, motor vehicle, bus, or other means of 29 conveyance operating as a common carrier within the public 30 transit area as provided, and charter service originating 31 therein. 32 Section 3. Pinellas Suncoast Transit Authority; status and 33 governing body.— 34 (2)(a) The governing body of the authority shall consist 35 of 11 15 members, serving and selected as provided in this 36 paragraph. 37 1. Four members shall be appointed by the Pinellas County 38 Board of County Commissioners from their membership. This 39 appointee shall be an elected official. 40 2. One member shall be appointed by the City Council of 41 the City of St. Petersburg from their membership. This appointee 42 shall be an elected official. 43 3. One member shall be appointed by the City Council of 44 the City of Clearwater from their membership. This appointee 45 shall be an elected official. 46 4. One member shall be appointed by the combined municipal 47 governing bodies of Tarpon Springs, Safety Harbor, Oldsmar, 48 Dunedin, Belleair, and Belleair Bluffs. This appointee shall be 49 an elected official. The order of rotation shall be determined 50 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 3 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S by population size in descending order. 51 5. One member shall be appointed by the combined municipal 52 governing bodies of Largo, Seminole, South Pasadena, Gulfport, 53 Kenneth City, and Pinellas Park. This appointee shall be an 54 elected official. The order of rotation shall be determined by 55 population size in descending order. 56 6. One member shall be appointed by the combined municipal 57 governing bodies of Belleair Shore, Indian Rocks Beach, Indian 58 Shores, North Redington Beach, Redington Beach, Redington 59 Shores, Madeira Beach, Treasure Island, and St. Pete Beach. This 60 appointee shall be an elected official. The order of rotation 61 shall be determined by population size in descending order. 62 7. One member shall be appointed by the Senate President or 63 the Speaker of the House of Representatives from the combined 64 municipal governing bodies of Tarpon Springs, Safety Harbor, 65 Oldsmar, Dunedin, Belleair, and Belleair Bluffs. This appointee 66 shall be a citizen appointee. This appointment shall rotate 67 between Senate President and Speaker of the House of 68 Representatives. 69 8. One member shall be appointed by the Senate President or 70 the Speaker of the House of Representatives from the combined 71 municipal governing bodies of Largo, Seminole, South Pasadena, 72 Gulfport, Kenneth City, and Pinellas Park. This appointee shall 73 be a citizen appointee. This appointment shall rotate between 74 Senate President and Speaker of the House of Representatives. 75 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 4 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1. One member shall be appointed by the City Council of 76 the City of Clearwater from its membership. 77 2. One member shall be appointed by the City Commission of 78 the City of Dunedin from its membership. 79 3. One member shall be appointed by the City Commission of 80 the City of Largo from its membership. 81 4. One member shall be appointed by the City Council of 82 the City of Pinellas Park from its membership. 83 5. Two members shall be appointed by the City Council of 84 the City of St. Petersburg from its membership. 85 6. One member shall be appointed by the combined municipal 86 governing bodies of the Cities of Oldsmar, Safety Harbor, and 87 Tarpon Springs from their membership. 88 7. One member shall be appointed by the combined municipal 89 governing bodies of the Cities of Belleair, Belleair Bluffs, 90 Gulfport, Kenneth City, Seminole, and South Pasadena from their 91 membership. 92 8. One member shall be appointed by the combined municipal 93 governing bodies of the Cities of Belleair Beach, Belleair 94 Shores, Indian Rocks Beach, Indian Shores, Madeira Beach, North 95 Redington Beach, Redington Beach, Redington Shores, St. Pete 96 Beach, and Treasure Island from their membership. 97 9. Four members shall be appointed by the Pinellas County 98 Commission from its membership. 99 10. One member shall be appointed by the Pinellas County 100 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 5 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Commission, and this member may not be an elected official. 101 11. One member shall be appointed by the City Council of 102 the City of St. Petersburg, and this member may not be an 103 elected official. 104 Section 4. Purposes and powers.— 105 (1) The authority created and established by the 106 provisions of this act is hereby granted and shall have the 107 right and power to purchase, own, and/or operate transit 108 facilities;, to contract for transit services;, to exercise 109 power of eminent domain if approved by a two-thirds vote of the 110 Pinellas Suncoast Transit Authority Board in a public meeting 111 with a 30-day public notice and shall be reported to the 112 Pinellas Board of County Commissioners semiannually in public 113 meetings with a 30-day public notice;, to conduct studies;, and 114 to contract with other governmental agencies, private companies, 115 and individuals. 116 (2) The authority is hereby granted, and shall have and 117 may exercise all powers necessary, appurtenant, convenient, or 118 incidental to the carrying out of the aforesaid purposes, 119 including, but not limited to, the following rights and powers: 120 (a) To sue and be sued, implead and be impleaded, and 121 complain and defend in all courts. 122 (b) To adopt, use, and alter at will a corporate seal. 123 (c) To acquire, purchase, hold, lease as a lessee, and use 124 any franchise, property, real, personal, or mixed, tangible or 125 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 6 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S intangible, or any interest therein, necessary or desirable for 126 carrying out the purposes of the authority, and to sell, lease 127 as lessor, transfer, and dispose of any property or interest 128 therein at any time acquired by it. Any sale, lease, or transfer 129 of any property or interest shall be upon competitive bid except 130 that the authority may sell, lease, or transfer any real 131 property or interest therein to another governmental entity 132 without competitive bid and may sell, lease, or transfer surplus 133 personal property, tangible or intangible, in accordance with 134 chapter 274, Florida Statutes. 135 (d) To fix, alter, charge, and establish rates, fares, and 136 other charges for the services and facilities of the Pinellas 137 Suncoast Transit System, which rates, fees, and charges shall be 138 equitable and just and sufficient to meet the operating 139 requirements of the system along with other revenue that may be 140 available. 141 (e) To regulate other operators of public transit in the 142 Pinellas Suncoast Transit Area as to franchises, permits, fares, 143 and other charges to establish rules and regulations pertaining 144 to these matters for distribution to the operators and public 145 transit facilities in said area. 146 (e)(f) To make contracts of every name and nature and 147 to execute all instruments necessary or convenient for the 148 carrying on of its business. 149 (f)(g) To enter into management contracts with any person 150 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 7 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or persons for the management of a transit system owned or 151 controlled by the authority for such period or periods of time, 152 and under such compensation and other terms and conditions as 153 shall be deemed advisable by the authority. 154 (g)(h) Without limitation, to borrow money and accept gifts 155 or grants or loans of money or other property and to enter into 156 contracts, leases, or other transactions with any federal 157 agency, the state, any agency of the state, the County of 158 Pinellas, or with any other public body of the state. 159 (h)(i) To do all acts and things necessary or convenient 160 for the conduct of its business and the general welfare of the 161 authority in order to carry out the powers granted to it by this 162 part or any other law. 163 (i)(j) To prescribe and promulgate rules and regulations 164 as it deems necessary for the purposes of this act. 165 Section 15. Window Coverings and Advertisements.— 166 (1) Any new window covering or advertisement must adhere 167 to requirements provided in section 316.2954, Florida Statutes. 168 (2) The authority shall not engage in any non-paid 169 advertising, promotion, or messaging on their assets. 170 Section 16. Best budget practices.—The authority must 171 abide by the best budgetary guidelines as outlined by, but not 172 limited to, the Florida Government Finance Officers Association 173 and the Government Finance Officers Association. 174 Section 18. Lane elimination, lane repurposing, lane diet, 175 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 8 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or bus lane allocation requests, recommendations, or 176 applications.— 177 (1) Any lane elimination, lane repurposing, lane diet, or 178 bus lane allocation request, recommendation, or application must 179 be approved by a two-thirds vote of the Pinellas Suncoast 180 Transit Authority Board in a public meeting with a 30-day public 181 notice and then presented to the Pinellas Board of County 182 Commissioners prior to a final two-thirds vote of the Pinellas 183 Suncoast Transit Authority. 184 (2) The authority shall not have a lane elimination, lane 185 repurposing, lane diet, or bus lane allocation office, board, 186 employee, or any other actor whose purpose is to eliminate, 187 reallocate, or repurpose public lanes for the usage of the 188 authority. 189 (3) This section does not apply to any local or municipally 190 owned roadway. 191 (4) This section shall include any new service of any 192 design or name that would include plans for lane elimination, 193 lane repurposing, lane diet, or bus lane allocation calling for 194 the loss of an existing lane of a vehicular roadway to bus only 195 use or Business Access and Transit (BAT) lanes. 196 Section 21. Semiannual Reporting.- 197 (1) The Pinellas Suncoast Transit Authority shall 198 semiannually report the following to the Pinellas Board of 199 County Commissioners: 200 BILL ORIGINAL YEAR 89537 CODING: Words stricken are deletions; words underlined are additions. V Page 9 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (a) Any gifts accepted in exchange for contracts. 201 (b) Any contract over $500,000. 202 (c) Any sale, lease, or transfer of any property or 203 interest over $500,000. 204 (d) Ridership performance and metrics. 205 (2) The Pinellas Board of County Commissioners may call for 206 in-person presentations of these reports at a minimum of once a 207 year. 208 Section 22. Severability Clause.- 209 (1) This act is not intended, nor may it be construed, to 210 conflict with existing, relevant state or federal law. 211 (2) If any provision of this act or its application to any 212 person or circumstances is held invalid, the invalidity does not 213 affect other provisions or applications of this act which can be 214 given effect without the invalid provision or application, and 215 to this end the provisions of this act are severable. 216 Section 2. This act shall take effect July 1, 2023. 217 Resolution No. 23-20 RESOLUTION NO. 23-20 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, EXPRESSING THE CITY’S OPPOSITION TO A PROPOSED BILL AMENDING THE SPECIAL ACT THAT CREATED THE PINELLAS SUNCOAST TRANSIT AUTHORITY; DIRECTING CITY OFFICIALS TO PROVIDE A COPY OF THIS RESOLUTION TO THE PINELLAS COUNTY LEGISLATIVE DELEGATION AND OTHER INTERESTED PARTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Central Pinellas Transit Authority (CPTA) was created in 1970 with the adoption by the State Legislature of Chapter 70-907, which provided for a governing board with representatives appointed by the cities of northern Pinellas County; and WHEREAS, the CPTA merged with the City of St. Petersburg transit system in 1982 to create the Pinellas Suncoast Transit Authority (PSTA) pursuant to the Legislature’s adoption of Chapter 82-368, which provided for a governing board that included representatives appointed by the member cities of Pinellas County; and WHEREAS, under the direction of the present PSTA Board of Directors, the PSTA in 2023 was recognized as the Outstanding Public Transportation System by the American Public Transportation Association and the Florida Public Transportation Association, both nationally and in the state of Florida; and WHEREAS, the partnership shared between elected officials serving on the PSTA Board of Directors benefits Pinellas County residents and businesses by fostering collaboration between local governments; and WHEREAS, a local bill has been proposed that deprives eleven (11) city governments of direct representation on PSTA; and WHEREAS, the local bill proposes that nearly two-fifths of the governing board be comprised of private citizens appointed by Legislative leadership in Tallahassee; and WHEREAS, private citizens appointed by lawmakers serving hundreds of miles from Pinellas County will, even if the citizens themselves reside locally, be less accountable to Pinellas County residents than the elected officials presently serving on the Board of Directors; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: 2 Resolution 23-20 Section 1. The City of Clearwater opposes the current version of the local bill insofar as it amends the PSTA special act to reduce the representation among local elected officials in Pinellas County. Section 2. The City Clerk shall provide a copy of this Resolution to every member of the Pinellas County Legislative Delegation, the other cities of Pinellas County, the Suncoast League of Cities, and the Florida Public Transportation Association and may forward it to others as directed by the Mayor or City Manager. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 19th day of December, 2023. ____________________________ Brian J. Aungst, Sr. Mayor Approved as to form: Attest: __________________________ _____________________________ David Margolis Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1532 Agenda Date: 12/19/2023 Status: Attorney ReportVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Downtown Development Board. SUMMARY: Based on feedback from House leadership, the City Attorney is seeking guidance from the City Council regarding desired next steps in downtown strategic alignment. Page 1 City of Clearwater Printed on 12/14/2023 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1552 Agenda Date: 12/19/2023 Status: Attorney ReportVersion: 1 File Type: City Attorney Verbal Report In Control: City Attorney Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Approve agreement and pre-construction phase proposal for Construction Manager at Risk (CMAR) services with Ajax Building Company, LLC of Midway, FL, for the City Hall and MSB Renovation Project (22-0019-EN) in the amount of $379,965.00 pursuant to Request for Qualifications (RFQ) 59-23 and authorize the appropriate officials to execute same. SUMMARY: With an aging City Hall, constructed in 1964, and a city that has changed considerably since 1964, the City has been investigating the need for upgraded infrastructure. The need has become more pressing in recent years, as asbestos and structural challenges forced the City to vacate the old City Hall. The building has since been demolished, and the site is slated for private redevelopment. In September 2022, pursuant to RFQ 24-22, the City Council approved Wannemacher Jensen Architects (WJA) to design a new facility. In June 2023, WJA presented the City Council with three options. The Council unanimously selected the site plan that combines a renovation of the City’s existing municipal services building (MSB) with a new building located on the city-owned parcel immediately south of MSB. WJA referred to this site plan as Option #2. This site plan is estimated to save approximately $31 million compared with the cost of a new stand-alone facility that would have replaced the MSB. On November 16, 2023, Council approved Broaddus and Associates to provide Owner’s Representative services on the project. Broaddus is currently assisting with the CMAR agreement negotiations and progression of city hall design documents and stakeholder feedback. Following a robust and competitive procurement process (RFQ59-23), staff recommends that the Council approve Ajax Building Company (AJAX) as the CMAR for this project due to their experience delivering successful projects with the City of Clearwater, their superior qualifications, and overall project understanding, cost control, and management. AJAX brings extensive experience delivering projects within the City of Clearwater spanning the full lifecycle of construction - starting with site evaluations and preconstruction through commissioning, close-out, and warranty. They are committed to streamlining the decision-making process, maintaining transparency, and efficiently resolving any conflicts that may arise during design and construction. The City is working with WJA on design and anticipates approximately 18 months of construction with anticipated design completed by May 2024 and construction completed by Q3 of 2026. The team anticipates successfully negotiating multiple Guaranteed Maximum Prices (GMPs) with Ajax for various phases of the project. The first GMPs will be presented to Council for approval by early March. APPROPRIATION CODE AND AMOUNT: ENGF220001-CONS-PROSVC $269,360 ENGF230001-CONS-PROSVC $110,605 Page 1 City of Clearwater Printed on 12/14/2023 File Number: ID#23-1552 Funds are available in capital improvement projects in amounts of $269,360 ENGF220001, City Hall, and $110,605 ENGF230001, Municipal Services Building Renovations to fund the proposal. STRATEGIC PRIORITY: To further Council’s Strategic Plan to achieve High Performing Government, Environmental Stewardship and Superior Public Service with the design and construction of a LEED certified innovative facility, creating a campus where the City will provide efficient services to its residents and the public. Page 2 City of Clearwater Printed on 12/14/2023 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS #59-23 Construction Manager at Risk – City Hall September 13, 2023 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, October 13, 2023, to provide Construction Manager at Risk services for a new City Hall. Brief Description: The City of Clearwater is seeking a Construction Manager at Risk (CMAR) firm to join the project team for the City’s new City Hall project (22-0019-EN). The new City Hall building is estimated to be approximately 41,680 Square Feet (SF) and will be located at the corner of Pierce St. and east of the Pinellas Trail. The new City Hall will serve as the administrative center for the City of Clearwater. Also included within the scope is the renovation of the existing 66,063 SF Municipal Services Building (MSB). Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS CMAR – City Hall 2 RFQ #59-23 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: October 13, 2023 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Respondents may mail or hand-deliver responses to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received at this address. Respondents may mail or hand-deliver proposals; e- mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. INSTRUCTIONS CMAR – City Hall 3 RFQ #59-23 Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms, and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be INSTRUCTIONS CMAR – City Hall 4 RFQ #59-23 the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification, or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION CMAR – City Hall 5 RFQ #59-23 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must always have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and / or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (pages 12-13) Points Qualifications, Experience and References (Tab 2) 20 Project Understanding, Approach, Management, Cost Controls and Schedule (Tab 3) 40 Project Staff and Availability (Tab 4) 30 Construction Manager at Risk Fee and Safety Record (Tab 5) 10 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. If requested, the respondent must provide a formal presentation and/or interview. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by INSTRUCTIONS – EVALUATION CMAR – City Hall 6 RFQ #59-23 the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: 09/13/2023 Advertise Tampa Bay Times: 09/13/2023 Responses due: 10/13/2023 Review responses/presentations: 10/13/2023-10/31/2023 Award recommendation: 10/31/2023 Council authorization: December 2023 Contract begins: December 2023 DETAILED SPECIFICATIONS CMAR – City Hall 7 RFQ #59-23 1. PROJECT MISSION. The City of Clearwater (City) provides superior services to its customers to improve the quality of life for Clearwater residents, businesses, and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND & SITE DESCRIPTION. The City of Clearwater’s Public Works Department seeks qualified firm(s) to provide Construction Manager at Risk (CMAR) services for the construction of the new City Hall as well as renovations to the existing MSB site. The new City Hall building is estimated to be approximately 41,680 SF and will be located at the corner of Pierce St. and east of the Pinellas Trail. The new City Hall will serve as the administrative center for the City of Clearwater. Also included within the scope is the renovation of the existing 66,063 SF Municipal Services Building (MSB). The City is engaged with Wannemacher Jensen Architects (WJA) to conceptualize a new city hall that anchors a municipal campus that includes the current Municipal Services Building, Clearwater Police headquarters and Municipal Services Garage into a connected and cohesive public complex. The City will also employ an Owner’s Representative to oversee both design and construction of this project. The Owner’s Representative consultant has yet to be determined. The City has tasked the architecture firm to analyze the space needs of the existing MSB and the needs of those departments anticipated to reside in the new City Hall to reimagine space allocation within the adjacent buildings with a focus on balancing internal and external efficiencies, such as a Development Services Center. The design team is evaluating the use of reclaimed water for cooling water and grey water systems. Innovative and cost-effective design for both construction and long-term operational and maintenance costs is paramount. The City wishes to consider obtaining a mid-level formal LEED certification. LEED Silver certification is anticipated, and project will be in alignment with the City’s Greenprint 2.0. The primary objective of this project is to create a modern, efficient, and accessible facility that accommodates essential city departments. Additionally, the City’s design priorities are being cost conscious, operations and maintenance, and aesthetics. The new City Hall building will serve as the administrative center for the City of Clearwater, providing dedicated spaces for key departments and facilitating efficient operations. The departments to be housed within the facility include the City Manager's Office, City Council Chambers, City Clerk's Office, City Attorney's Office, Human Resources Department, and Public Communication Department. The architectural design will incorporate functionality, flexibility, and aesthetics to meet the specific needs of each department and promote effective collaboration among staff members, and innovative customer service. The renovation of the existing MSB will transform approximately 66,063 SF of existing space into a functional and more efficient office and public interface environment; the scope of work includes modification and separation of existing departments and lobby interface. The aim is to create a productive workspace that meets the specific needs of the remaining municipal departments while providing a comfortable and aesthetically pleasing atmosphere for employees and visitors alike. Maintaining budget is a top priority of this project so Construction Manager estimates at each design deliverable after award will be key to keeping project within budget. Construction Manager and Owners Representative will be key parties in these discussions with Architect/Engineer (A/E). City management team will be identified to assist with City required decisions to support budget decisions. 3. SCOPE OF SERVICES. The City intends to engage a Construction Manager at Risk (CMAR) firm to provide management of the preconstruction and construction phase services (the “Services”) as described herein for the new City Hall project (22-0019-EN) which also includes renovations to the existing MSB in addition to the new City Hall. The City is currently working with WJA on design and anticipates approximately eighteen (18) months of construction with anticipated design to be completed by May 2024 and construction completed by Q3 of 2026. The chosen CMAR firm will join the project team prior to the 60% design phase, estimated to be in Q4 of 2023, to provide pre-construction phase services to the City under a purchase order for the negotiated pre-construction phase fees. 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 City for approval milestone Guaranteed Maximum Prices (GMP) throughout the project. GMPs are DETAILED SPECIFICATIONS CMAR – City Hall 8 RFQ #59-23 as follows but not limited to Initial GMP, Site GMP, and Final GMP. Once the GMP for construction on the project is agreed upon, City staff may recommend to City Council to award the Construction Management firm the Construction Manager at Risk Contract. The City intends to negotiate an agreement with the selected Construction Manager based on the American Institute of Architect’s A133 form. An A133 document will be provided after the selection of the CMAR. Standard applicable terms for City construction contracts are available at: https://www.myclearwater.com/government/city-departments/engineering/documents- publications/contract-specifications The following documents are included with this RFQ: Exhibit A_Project Location Aerial Exhibit B_MSB Existing Condition Assessment Report. Condition assessment and feasibility study report of the existing Municipal Services Building (MSB) Exhibit C_Forms. E-Verify Eligibility, Scrutinized Companies and Truth in Negotiation forms required per Florida Statute Exhibit D_Standard Terms and Conditions. Standard Terms and Conditions applicable to the Purchase Order for pre-construction and construction phase services 4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. DETAILED SPECIFICATIONS CMAR – City Hall 9 RFQ #59-23 d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. f. Pollution Insurance. The Contractor agrees to maintain Contractor’s Pollution Legal Liability on a per-project basis with minimum limits of $1,000,000 (one million dollars). For policies written on a “Claims-Made” basis the Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. g. Builder’s Risk Insurance. Builder’s Risk Insurance will be purchased by the City with input and coordination from the CMAR. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #59-23 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor DETAILED SPECIFICATIONS CMAR – City Hall 10 RFQ #59-23 providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES CMAR – City Hall 11 RFQ #59-23 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. December 2023 – June 2026. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT CMAR – City Hall 12 RFQ #59-23 1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. If submitting electronically, hard copies are not required. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty (20) total pages, including typed text, graphics, charts and photographs. The total page count does not include MOUs provided under Tab 4 and documents submitted for Tabs 6 and 7, the tabbed separator pages, cover page, and back page. TAB 1 – LETTER OF INTEREST (two [2] pages). The cover letter must include the full legal name of the firm, the following information, and must be signed by an authorized representative of the company, preferably the president. Offeror must attach proof to the letter of signing authority for any representative who signs the cover letter other than the president. a. A brief summary of the proposing firm’s interest in the providing the requested services. b. A statement of the Offeror’s understanding of the Construction Manager at Risk (CMAR) services with Guaranteed Maximum Price (GMP) to be provided. c. The address of the office conducting the CMAR services d. The address of the office that would administer the agreement. e. A list of corporate officers, partners, or owners of your organization with titles and addresses. If the Offeror is a publicly held company list chairman of the board, chief executive officer (CEO), and president. f. The names(s) of the person(s) that will be authorized to make representations for the Offeror, including their titles, addresses, telephone numbers, and e-mail addresses. TAB 2 – QUALIFICATIONS, EXPERIENCE, AND REFERENCES (four [4] pages). Explain related CMAR services for site development, new building construction and building renovation experience, include examples of similar completed projects. Provide list of construction projects with construction value of $45 million or more, both active and completed in the last ten (10) years. Include the project name, location, owner, Architect/Engineer, description, dates services were performed for the project; color images of projects; initial and final construction cost (explain deviations from GMP), including change orders; initial and final contract duration (explain deviations); type of contract/delivery method and the stage of design or construction that the construction contract amount (GMP) was agreed upon. Provide a minimum of three (3) references from similarly complex projects using a CMAR with the GMP process with a value of $45 million or more within the past seven (7) years. Reference projects must include: a. Offeror’s project management team assigned to respective project who will be designated for this RFQ’s project team. b. Client project manager name, title, email address, and telephone numbers. c. Reference letters from the project owner(s) must be specific to the referenced project (not included in page count). TAB 3 – PROJECT UNDERSTANDING, APPROACH, MANAGEMENT, COST CONTROLS, AND SCHEDULE (eight [8] pages). Demonstrate the ability to provide the Concept Review and Cost Analysis, Pre-construction, and Construction Phase services. Expand on items such as reporting systems, scheduling, construction phasing, cost estimating and value engineering RESPONSE FORMAT CMAR – City Hall 13 RFQ #59-23 (VE). Include examples of similar multi-phase projects where these processes have been used. a. Explain how the Offeror will provide the: (1) leadership; (2) management; and (3) administration required to be successful in the development of this project. b. Explain generally how Offeror will provide design plan review, engineering estimate review, concept review, and cost analysis services. c. Provide a summary of cost control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the Project. Provide overview of how firm will work with A/E and Owners Representative to keep project within budget. d. Explain how the Offeror will manage construction activities and ensure public safety. e. Provide estimated duration of proposed construction phases. f. Describe how firm will maintain quality control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the project. g. Describe how firm will maintain schedule control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the project. Describe firm’s approach to schedule recovery if slip occurs. h. Provide overview of firm’s Request for Information (RFI) and submittal process. Specifically identify what reviews and checks are performed within firm. i. Explain firm’s team approach to resolve potential conflicts with the (1) trade contractors and (2) City. j. Provide a brief narrative outlining why your firm is the best qualified to perform the CMAR services with GMP outlined in this RFQ. TAB 4 – PROJECT STAFF AND AVAILABILITY (four [4] pages). Provide a list of key personnel the Offeror will commit to the project for its duration. Identify specific roles for each listed staff (such as project executive, project manager, on-site senior staff, superintendent etc.). Confirm that no key staff changes will take place without written authorization of the City. Identify prior similar projects the key personnel listed have worked on together as a team on behalf of the Offeror. Demonstrate staff’s knowledge of local work force, permitting processes, potential challenges on this project and solutions. Explain how expert sub-contractors in their field will be selected in a cost compatible process. Provide a list of key sub-contractors, their references, and a MOU for their commitment to join your team. Identify prior projects the key sub-contractors have worked on with your team. MOUs will not count towards the page limitation. Provide a clear and concise proposed staffing chart with applicable experience and roles on the reference projects from Tab 2. Provide staff availability in a clear and concise manner depicting the proposed staff’s current and future availability. This chart should depict the team’s projected resource availability and commitment to this specific project. TAB 5 – CONSTRUCTION MANAGER AT RISK FEE AND SAFETY RECORD (two [2] pages). Provide Construction Manager at Risk fee percentage (not dollar amount) as a percentage of the yet-to-be-determined Guaranteed Maximum Price (GMP). Include past project general conditions cost as a percentage of the GMP. Provide data on the Offeror’s safety record of the past three (3) years as a percentage of employees’ direct hire fixed work hours, rounded to the nearest 1,000. Data should include the number of injuries and illnesses; number of lost time accidents; number of recordable cases; number of fatalities. Provide the number of direct hire fixed hours worked. List your organization’s Workers’ Compensation Experience Modification Rate (EMR) for the last seven (7) years as obtained from your insurance agent. Provide EMR as a numerical value. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. RESPONSE FORMAT CMAR – City Hall 14 RFQ #59-23 a. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. b. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. c. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement; or (iii) any other matter before an administrative body.) d. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form b. Company Information form c. Response Certification form d. Exhibit C_Forms e. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License f. If the firm is a corporation, a copy of the current Florida Corporation Registration g. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs- pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA CMAR – City Hall 15 RFQ #59-23 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION CMAR – City Hall 16 RFQ #59-23 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. RESPONSE CERTIFICATION CMAR – City Hall 17 RFQ #59-23 By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other vendors or potential vendors or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection with the award of this contract. f) It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or proprietary notices. g) It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders. h) It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency. i) It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and executive orders if awarded by the City. j) It is current in all obligations due to the City. k) It will accept all terms and conditions as set forth in this solicitation if awarded by the City. l) The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers and enter into contracts for the commodities or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER CMAR – City Hall 18 RFQ #59-23 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #59-23, CMAR – City Hall Due Date: October 13, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #59-23, CMAR – City Hall Due Date: October 13, 2023, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ CLEVELAND ST PARK ST S EAST AVECOURT ST PIERCE ST S MYRTLE AVE FRANKLIN ST 700100 640761645AERIAL MAP Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\22-0019-EN New City Hall aer.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page: 1 of 1Aerial Flown 2021 New City Hall Site LocationProject Number: 22-0019-EN CRMMap Gen By:TKReviewed By:8/15/2022Date: ² See BarScale: EXISTINGMSB EXISTINGCITYPARKINGGARAGE EXISTINGCPD HQ CITYSURFACEPARKING CLEARWATER CITY HALLCONCEPTUAL DESIGN OPTIONS August 11, 2023 CONCEPTUAL SITE PLAN Total GSF: 41,679SF OPTION 2A: OVERALL SITE VIEW OPTION 2A OPTION 2A PUBLIC PLAZA VIEW OPTION 2A SCREEN CONCEPT OPTION 2A PUBLIC PLAZA ENTRANCE OPTION 2A MYRTLE AVENUE VIEW OPTION 2A Level 1 . BREAK ROOM251 SF CONFERENCE 142 SF PRINT120 SF RECEPTION300 SF CONFERENCE 308 SFPUBLICHR7000 SF SS BOH 2000 SF PUBLIC COMMUNICATIONS3500 SF TRAINING (2)1900 SF LOBBY WC WC RECEPTION RECEPTION300 SF CONFERENCE 152 SF CONFERENCE192 SF BOARD ROOM600 SF BREAK ROOM251 SF CONFERENCE 192 SF PRINT120 SF ENTRANCE GRAND STAIRS MYRTLE ENTRANCE DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLAN OPTION 2A LEVEL 1 - LOBBY OPTION 2A Level 2 . CITY ATTORNEY4200 SF COUNCIL 1800 SF CITY MANAGER 3800 SF CITY CLERK2000 SF S CHAMBER2400 SF OPEN TO BELOW WC WC PRE-FUNCTION S CONFERENCE308 SF RECEPTION300 SF WAITING150 SF CONFERENCE612 SF CONFERENCE308 SF CONFERENCE 192 SF CONFERENCE142 SF PRINT120 SF CONFERENCE142 SF BREAK ROOM251 SF RECEPTION200 SF WAITING150 SF PRINT120 SFCIRCULATION CIRCULATION DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLAN OPTION 2A Level 3 . CHAMBERBELOW ROOF S WC WCROOF-TOPEXTERIOR GATHERING SPACE1000 SF DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATIONCITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLAN . OPTION 2A OVERALL BUILDING SIZE: Total GSF: 41,679 SF BREAK ROOM251 SF CONFERENCE 142 SF PRINT120 SF RECEPTION300 SF CONFERENCE 308 SFPUBLICHR7000 SF SS BOH 2000 SF PUBLIC COMMUNICATIONS3500 SF TRAINING (2)1900 SF LOBBY WC WC RECEPTION RECEPTION300 SF CONFERENCE 152 SF CONFERENCE192 SF BOARD ROOM600 SF BREAK ROOM251 SF CONFERENCE 192 SF PRINT120 SF ENTRANCE GRAND STAIRS MYRTLE ENTRANCE CITY ATTORNEY4200 SF COUNCIL 1800 SF CITY MANAGER 3800 SF CITY CLERK2000 SF S CHAMBER2400 SF OPEN TO BELOW WC WC PRE-FUNCTION S CONFERENCE308 SF RECEPTION300 SF WAITING150 SF CONFERENCE612 SF CONFERENCE308 SF CONFERENCE 192 SF CONFERENCE142 SF PRINT120 SF CONFERENCE142 SF BREAK ROOM251 SF RECEPTION200 SF WAITING150 SF PRINT120 SFCIRCULATION CIRCULATION CHAMBERBELOW ROOF S WC WCROOF-TOPEXTERIOR GATHERING SPACE1000 SF Level 1 Level 2 Level 3 DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANS 1) Ajax Building Company, LLC 2) Biltmore Constuction Co., Inc 109 Commerce Blvd 1055 Ponce de Leon Blvd Oldsmar, FL 34677 Belleair, FL 33756 813.792.3900 727.585.2084 3) JE Dunn Construction 4) Manhattan Construction Company 5411 SkyCenter Dr, Ste 200 5405 Cypress Center Dr., Ste 200 Tampa, FL 33607 Tampa, FL 33609 813.940.3248 813.675.1960 5) Skanska USA Building Inc 400 N Ashley Dr, Ste 400 Tampa, FL 33602 813.282.7100 ADVERTISED: TAMPA BAY TIMES 09.13.23 POSTED:myclearwater.com 09.13.23-10.13.23 Due/Opening: October 13, 2023; 10:00 a.m. REQUEST FOR QUALIFICATIONS No. 59-23 Construction Manager at Risk - City Hall Solicitation Response Listing FOR THE CITY OF CLEARWATER CONSTRUCTION MANAGER AT RISK CITY HALL RFQ #59-23 TABLE OF CONTENTS Interactive Table of Contents This is an interactive table of contents. Click on any of the items above to go directly to that page. 1. LETTER OF INTEREST.........................................................................................................................PAGE 2 2. QUALIFICATIONS, EXPERIENCE, AND REFERENCES..........................................................................PAGE 3 3. PROJECT UNDERSTANDING, APPROACH, MANAGEMENT, COST CONTROLS, AND SCHEDULE........PAGE 7 4. PROJECT STAFF AND AVAILABILITY...................................................................................................PAGE 15 5. CONSTRUCTION MANAGER AT RISK FEE AND SAFETY RECORD.......................................................PAGE 19 6. LITIGATION 7. OTHER FORMS 1. LETTER OF INTEREST PHOTOGRAPH: CITY OF CLEARWATER POLICE DEPARTMENT DISTRICT 3 OPERATIONS & TRAINING CENTER GO BACK TO TABLE OF CONTENTS CITY OF CLEARWATER CITY HALL QUALITY BUILDS ITS OWN REPUTATION RE: RFQ #59-23 CONSTRUCTION MANAGER AT RISK – CITY HALL The Ajax team proposed for this project brings extensive CMAR experience with public clients including site development, Government / Municipal construction with multiple stakeholders, and renovations to occupied and operational facilities, much like the City Hall and MSB project. Led by Tim Sewell, Operations Manager, his team includes Chris Brown, Senior Project Manager and Donnie Roberts, Senior Superintendent along with our support staff to address the specific scope for this project. Many members on our team worked with the City on the recent and successful CPD District 3 Substation and has a clear understanding of the City’s requirements, including the City Greenprint 2.0 initiative and LEED certification requirements / process. Together this teams brings the expertise in cost estimating, providing value engineering options and the working relationships with local subcontractors. Per the requirements of the RFQ, the address conducting the CMAR services and administrating the agreement: 109 Commerce Blvd. Oldsmar, FL 34677. A list of our corporate officers and Owners are as follows: • William P. Byrne, Chief Executive Officer • John B. Smith II, President • Brian Desotell, Chief Financial Officer and Treasurer • Appling Wells, Vice President of Operations, Secretary In closing, we appreciate the opportunity to submit our qualifications to the City of Clearwater. We value the relationship we have built with the City and look forward to providing the CMAR services for the new City Hall and Municipal Services Building in downtown Clearwater. I am a resident of Clearwater and understand how critical this project is to the Council, Staff and Community of Clearwater. Should you have any questions, please do not hesitate to contact me at bill.byrne@ajaxbuilding.com or 813.927.5063. Sincerely, Ajax Building Company, LLC William P. Byrne Chief Executive Officer Members of the Selection Committee: Ajax Building Company is pleased to present our Construction Management at Risk qualifications to the City of Clearwater for the new City Hall and renovations to the Municipal Services Building (MSB). We understand the new City Hall and renovations of the MSB will incorporate functionality, flexibility and aesthetics to meet the needs of each department while providing efficiencies for offices and public spaces. We understand that the City is utilizing an Owners Representative for this important project. Ajax has worked with numerous Owners Representatives on complex projects and will work closely with Broaddus & Associates and Wannemacher Jensen Architects to assist the City with important decisions regarding budget, schedule and quality. The City’s strategic plan sets a clear path for City leaders, staff and residents with the mission for Clearwater to provide quality, sustainable and cost-effective municipal services that foster and sustain a healthy residential and economic environment. Ajax embraces these everyday with our approach to sustainability, adapting to each community we work in and along with our community involvement to make Clearwater a better place to live, work and play. Established in 1958, Ajax has been providing CMAR services in Pinellas County for over 25 years to local government entities, including the City of Clearwater. W ith our recent completion of the CPD District 3 Operations and Training Center and the Countryside Library projects, our knowledge of the City’s requirements and processes will benefit the entire team. With our longtime office in Oldsmar and relationships with the local subcontractors and vendors, we will ensure a detailed, transsparent and competitive environment for the GMP process. Ajax has successfully completed 1000+ construction management projects, for more than 140 public entities during our 65 years in business. We are a third-generation employee-owned company that brings the services and values of a local community-based business but the resume that has earned us the ranking of a top Construction Manager and Public Entity Contractor by Engineering News Record (ENR) Southeast. We also have completed 10 projects with Wannemacher Jensen Architects that will ensure a seamless integration between design and construction for the City of Clearwater on this extremely important project. TAB 1: LETTER OF INTEREST City of ClearwaterAttn: Procurement Division 100 S. Myrtle Ave 3rd Floor Clearwater, FL 33756-5520 October 13, 2023 CITY OF CLEARWATER CITY HALL PAGE 02 2. QUALIFICATIONS, EXPERIENCE, AND REFERENCES PHOTOGRAPH: CITY OF TALLAHASSEE/LEON COUNTY PUBLIC SAFETY COMPLEX GO BACK TO TABLE OF CONTENTS CITY OF CLEARWATER CITY HALL QUALIFICATIONS, EXPERIENCE, AND REFERENCES CMAR EXPERTISE: Ajax is an established firm providing Construction Management services to public sector clients and proud of our past performance with the City of Clearwater Countryside Library and Police District 3 Operations & Training Center projects. Our CMAR qualifications include working with Municipal and Public Clients including city halls, site development, Government Centers, and numerous projects in the City of Clearwater utilizing the CMAR delivery. The following pages include construction projects of $45 million or more, both active and completed, within the last 10 years, as requested. 140+ PUBLIC ENTITY CLIENTS $1.7B LOCAL GOVERNMENT PROJECTS 10 PROJECTS WITH WJA 25 YEARS IN PINELLAS COUNTY 160 LOCAL GOVERNMENT PROJECTS 21 PROJECTS IN CLEARWATER PROJECT NAME: POLICE DEPARTMENT HEADQUARTERSLOCATION: ST. PETERSBURG, FLOWNER: CITY OF ST. PETERSBURGARCHITECTS: HARVARD JOLLY ARCHITECTUREDATES OF SERVICE: 5/2017 - 5/2019CONSTRUCTION COST: GMP $61,729,374; FINAL $62,162,731; ESCALATED TO 2023: $80,524,074CONTRACT DURATION: 24 MONTHSTYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISKSTAGE OF CONSTRUCTION GMP: COMPLETE DESCRIPTION: The Police Headquarters consisted of a new main building with an Administrative Wing and a Property & Evidence Wing, a parking garage structure and a central energy plant (CEP) on a 6.3 acre site. Solar energy panels were installed throughout the entire parking garage structure. The entire facility is designed and built to withstand 195 mph winds. The project was designed and constructed within Green Globes protocols and certified to 3 out of 4 Green Globes and is a sustain-able facility for City operations and management for the life of the buildings. MUNICIPAL / ADMINISTRATION BLDG SECURE FACILITY MULTIPLE STAKEHOLDERS HURRICANE HARDENED EXTENSIVE SITE DEVELOPMENT DOWNTOWN ENVIRONMENT RELEVANT TEAM MEMBERS CITY OF CLEARWATER CITY HALL PAGE 03 PROJECT NAME: BOCC ADMINISTRATION BUILDING LOCATION: SARASOTA, FL OWNER: SARASOTA COUNTY ARCHITECTS: HOK / & FAWLEY BRYANT ARCHITECTURE DATES OF SERVICE: 9/2023 - 11/2025 COST: GMP $50,000,000; FINAL TBD DURATION: 26 MONTHS TYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISK STAGE OF CONSTRUCTION GMP: DESIGN PHASE DESCRIPTION: The New Administration Facility will be a four story, 120,000+/- square feet Class A office space. The facility will include the County Commissioners and Chambers, County Administration, County Attorney, Clerk & Comptroller, Communications, Human Resources, Libraries & Historical Resources and Office of Financial Management. Other features include a press room, Access Sarasota television studio, conference rooms, break rooms, and wellness center, housing county staff, elected officials and overall administrative services. The project will also include a new CEP Plant with emergency generators, utility improvements, security features and parking garage. LEED Certified is the sustainability goal for the project. PROJECT NAME: ST. CLOUD OPERATIONS & MAINTENANCE FACILITY LOCATION: ST. CLOUD, FL OWNER: ORLANDO UTILITIES COMMISSION ARCHITECTS: JACOBS DATES OF SERVICE: 1/2022 - 11/2023 COST: GMP $55,382,798; FINAL TBD; ESCALATED TO 2023: $58,102,403 DURATION: 22 MONTHS TYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISK STAGE OF CONSTRUCTION GMP: 52% COMPLETE DESCRIPTION: This multi-phase operations center will total ap- proximately 77,605 SF. Facility operations will include front of house for public access, administrative offices, a parking deck, field personnel dispatch, a warehouse/maintenance building, fleet maintenance, fueling island, truck docks, a covered pole barn, pole layout area, open storage area, emergency staging laydown areas, and potential solar farm & substation. The project is pursuing a net-zero carbon footprint utilizing green construction techniques such as the use of photo voltaic cells to provide energy and will design around achieving a recognized level for sustainable con- structions. PROJECT NAME: LARGO HIGH SCHOOL LOCATION: LARGO, FL OWNER: PINELLAS COUNTY SCHOOLS ARCHITECTS: HARVARD JOLLY ARCHITECTS DATES OF SERVICE: 3/2014 - 10/2017 COST: GMP $56,244,883; FINAL $55,800,853; ESCALATED TO 2023 $72,368,852 DURATION: 43 MONTHS TYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISK STAGE OF CONSTRUCTION GMP: COMPLETE DESCRIPTION: The new Largo High School was modeled after a college campus, with an emphasis on efficient transitions in between classes, safety and security, readiness for the technology of the next several decades and, most importantly, student achievement. The project includes the construction of two new buildings totaling approximately 229,000 square feet and will house classrooms, a student union, gymnasium, as well as a central energy plant. This phased project also included renovations to the existing auditorium with students on site during the school year. MULTI-STORY BUILDING ADMIN / OPERATIONS FACILITY MULTIPLE STAKEHOLDERS EXTENSIVE SITE DEVELOPMENT CHILLED WATER PLANT RELEVANT TEAM MEMBERS ADMIN / OPERATIONS FACILITY MULTIPLE STAKEHOLDERS SUSTAINABLE - NET ZERO EXTENSIVE SITE DEVELOPMENT CHILLED WATER PLANT RELEVANT TEAM MEMBERS LOCAL PUBLIC CLIENT PHASING EXTENSIVE SITE IMPROVEMENTS OCCUPIED CAMPUS NEW & RENOVATED BUILDINGS RELEVANT TEAM MEMBERS CITY OF CLEARWATER CITY HALL PAGE 04 PROJECT NAME: SANTA ROSA COUNTY JUDICIAL COMPLEX LOCATION: MILTON, FL OWNER: SANTA ROSA COUNTY ARCHITECTS: SAM MARSHALL ARCHITECTS/HOK DATES OF SERVICE: 12/2020 - 7/2022 COST: GMP $42,800,000; FINAL $42,800,000; ESCALATED TO 2023: $50,773,393 DURATION: 19 MONTHS TYPE OF CONTRACT: DESIGN BUILD STAGE OF CONSTRUCTION GMP: COMPLETE DESCRIPTION: The three-story courthouse included eight courtrooms, eight judge’s suites and all the necessary support services including a secure holding area for inmates, hearing rooms, a law library, evidence rooms, jury selection and jury deliberation spaces. The building structure is structural steel with an exterior of precast concrete with significant amounts of glass and glazing, designed to withstand winds of 140 mph or greater. There is a two-story lobby at the public entry. The site has on-site parking and three storm-water retention ponds. We are showcasing this project as in today's dollar would exceed $45 Million and a government client. PROJECT NAME: FSU STUDENT UNION LOCATION: TALLAHASSEE, FL OWNER: FLORIDA STATE UNIVERSITY ARCHITECTS: LEWIS AND WHITLOCK/WORKSHOP ARCHITECTS DATES OF SERVICE: 6/2018 - 8/2022 COST: GMP $129,262,883; FINAL $129,262,883; ESCALATED TO 2023: $158,048,425 DURATION: 50 MONTHS TYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISK STAGE OF CONSTRUCTION GMP: COMPLETE DESCRIPTION: The FSU Student Union is composed of one big building with a 48 foot atrium and extends nearly all the way to Legacy Walk. Inside the New Union is an updated Crenshaw Lanes, FSU Bookstore, and Apple authorized Computer Store, the return of Club Downunder, as well as a more spacious Art Center and 1,500+ person capacity Ballroom, the food court included Pollo Tropical, Panera Bread, Panda Express, Seminole Pies, the Sports Grill and Starbucks. The western end has a colonnade and new Market Plaza for concerts, performances and the FSU staple of Market Wednesdays. PROJECT NAME: TALLAHASSEE POLICE HEADQUARTERS LOCATION: TALLAHASSEE, FL OWNER: CITY OF TALLAHASSEE ARCHITECTS: ADG / LEWIS + WHITLOCK DATES OF SERVICE: 3/2021 - 12/2027 COST: GMP $75,000,000; FINAL TBD; TYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISK DESCRIPTION: The new 200,000 SF Headquarters includes a 364 seat public meeting room with break-out rooms/catering capabilities, multiple vaults and specialized secure areas, forensic/biohazard/DNA Laboratories, and a TPD Museum. Other buildings on the campus included in the 200,000 sf are a 37,000 SF training facility including an indoor firing range, gymnasium, tactical training areas and armory, along with a 32,000 SF fleet maintenance facility that houses the Central Utility Plant with built in redundancies and emergency power capabilities for the entire campus. OFFICES & CONFERENCE SPACE MULTIPLE STAKEHOLDERS SITE DEVELOPMENT GOVERNMENT CLIENT SECURITY COMPONENTS PUBLIC CLIENT LARGE BALLROOM FOR COMMUNITY SITE IMPROVEMENTS MULTIPLE STAKEHOLDERS ADJACENT BUILDINGS MUNICIPAL CLIENT PUBLIC SPACE / COMMUNITY ROOMS OFFICE / CONFERENCE SPACE SECURITY COMPONENTS EXTENSIVE SITE DEVELOPMENT MULTIPLE STAKEHOLDERS / USER GROUPS CITY OF CLEARWATER CITY HALL PAGE 05 PROJECT NAME: MALACHOWSKY DATA SCIENCES & INFORMATION TECHNOLOGY BUILDINGLOCATION: GAINESVILLE, FLOWNER: UNIVERSITY OF FLORIDADATES OF SERVICE: 12/2020 - 10/2023COST: GMP $121,464,847; FINAL TBD; ESCALATED TO 2023: $144,093,049DURATION: 34 MONTHSTYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISKDESCRIPTION: An interdisciplinary hub focused on the development and application of computing, communication, and cyber technologies to a broad spectrum of areas including healthcare, pharmacology, security, technology development, and fundamental science; two co-located, semiautonomous interconnected building wings. This seven-story, 263,000 square-foot, state-of-the-art building will be constructed in the heart of the University of Florida Main Campus. CITY OF ST. PETERSBURGMIKE KOVACSEV Assistant Chief 727.893.7780 michael.kovacsev@stpete.org Project: City of St. Petersburg Police Department Headquarters AJAX PROJECT TEAM: Bill Byrne, Principal-in-Charge Brady Baldree, Project Engineer Rick Guerra, General Superintendent Jody Brown, Sr. Superintendent Mike McKnight, Area Superintendent Tim Hurst, MEP Superintendent UNIVERSITY OF FLORIDAJIM VIGNOLA Project Manager III 352.273.4029 jvignola@ufl.edu Project: UF Malachowsky Data Sciences & Information Technology Bldg AJAX PROJECT TEAM: Bill Byrne, Principal-in-Charge Lon Neuman, Operations Manager James Marini, Sr. Project Manager Jody Wallick, General Superintendent Wayne Wallace, Sr. Superintendent ORLANDO UTILITIES COMMISSION GARY BAYNON Project Manager 407.434.3101 GBaynon@ouc.com Project: OUC St Cloud Operations & Maintenance Facility AJAX PROJECT TEAM: Bill Byrne, Principal-in-Charge Tim Sewell, Project Executive Brian Tobiasz, Operations Manager David Lee, General Superintendent Michael Sakkinen, Sr. Superintendent PROJECT NAME: EARTH, OCEAN AND ATMOSPHERIC SCIENCES BUILDINGLOCATION: TALLAHASSEE, FLOWNER: FLORIDA STATE UNIVERSITYDATES OF SERVICE: 2/2017 - 6/2020COST: GMP $60,224,171; FINAL $60,224,171; ESCALATED TO 2023: $75,434,017DURATION: 40 MONTHSTYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISKDESCRIPTION: There are computer, teaching, and research based laboratories, as well as a few specialized laboratories, lounge spaces, a 280 seat auditorium, and even a rooftop terrace for Meteorology observation. All of the labs have a combination of piped services including hot and cold water, high-purity water, compressed air, vacuum, and natural gas. The laboratories were designed with an open-lab concept with many modular pieces of casework and furniture, allowing future modification as well as ease of ongoing maintenance. PROJECT NAME: ROBINSON HIGH SCHOOLLOCATION: TAMPA, FLOWNER: HILLSBOROUGH COUNTY SCHOOLSDATES OF SERVICE: 12/2021 - 9/2023COST: GMP $58,433,450; FINAL $58,433,450 ESCALATED TO 2023: $66,208,762DURATION: 21 MONTHSTYPE OF CONTRACT: CONSTRUCTION MANAGEMENT AT RISKDESCRIPTION: This project consisted of a partial campus replacement with new classroom and administration buildings of 89,000 sf, a new chilled water plant and campus-wide HVAC system upgrades with associated architectural upgrades on 156,160 sf of existing buildings including new windows, ceilings, and painting. The new buildings were built in central courtyard of the existing campus with the displaced spaces using a temporary portable classroom campus during the renovation work to the campus. REFERENCES CITY OF CLEARWATER CITY HALL PAGE 06 1 Sarah RoickFrom:James MariniSent:Tuesday, May 11, 2021 12:24 PMTo:Kasey Diehl; Sarah RoickSubject:FW: Contractor Acknowledgement: AJAXKasey / Sarah,   Might be able to pull something from this for marketing / proposals. The inspector (Mr. Goodman) emailed the owner’s rep at PD&C as well as one of the ubiquitous UF selection committee members (Wade MacLaren).    From: Goodman,Charles <cgoodman716@ufl.edu>  Sent: Tuesday, May 11, 2021 12:07 PM To: MacLaren,Wade E <maclarenwe@ufl.edu>; Vignola,James <jvignola@ufl.edu>  Cc: Jeffrey Jones <john.jones@ajaxbuilding.com>; James Marini <James.Marini@ajaxbuilding.com> Subject: Contractor Acknowledgement: AJAX   EXTERNAL EMAIL   I wanted to highlight the support and superior workmanship we received from AJAX regarding details for the below grade pre‐applied waterproofing. We had a productive dialog regarding an identified issue that lead to a satisfactory  result for both parties.   The contractor had used a detail listed on the submitted product datasheet for “Repairs” to seal slices in the field material, Preprufe 300R Plus, around penetrations during the installation process. I highlighted our concern that this left us vulnerable as the Preprufe Tape, used to seal the slice, is not nearly as robust as the Preprufe 300R Plus that is being installed and all provided details required a minimum of 3” overlap of the Preprufe 300R Plus.    During an onsite meeting, I requested direct verbiage from the manufacture, GCP, stating that this “repair” method could be used as an “installation practice”, which would have been in contradiction to the detail listed for “Roll Ends and  Cut Edges.” When the manufacture was unable to provide this, we received full support from AJAX to ensure quality workmanship regarding the installation of our Below Grade Waterproofing.   From: James Marini <James.Marini@ajaxbuilding.com>   Sent: Tuesday, May 11, 2021 11:30 AM To: Danny Blackford <dblackford@ewingwaterproofing.com>  Cc: Steve Delfel <Steve.Delfel@ajaxbuilding.com>; Cody Bass <Cody.Bass@ajaxbuilding.com>; Wayne Wallace <Wayne.Wallace@ajaxbuilding.com>; Evans, Arthur R. <Arthur.R.Evans@gcpat.com>; Billy Layland (william.layland@intertek.com) <william.layland@intertek.com>; Goodman,Charles <cgoodman716@ufl.edu>; william.layland@intertek.com; Jeffrey Jones <john.jones@ajaxbuilding.com>; D'Amato, Cody <Cody.DAmato@gcpat.com>; Maxx Middleton <Maxx.Middleton@ajaxbuilding.com>  Subject: RE: Waterproofing Detail Discussion   I believe there is some confusion. So to be super clear, Ajax will not allow a repair detail to be used during normal  installation. Repair details should be applied when a repair is required.  James Marini  Senior Project Manager  [External Email]   CITY OF ST. PETERSBURGMIKE KOVACSEV Assistant Chief 727.893.7780 michael.kovacsev@stpete.org Project: UF Malachowsky Data Sciences & Information Technology Bldg CITY OF CLEARWATER CITY HALL PHOTOGRAPH: CITY OF ST. PETERSBURG POLICE DEPARTMENT HEADQUARTERS Largo High School_______________ Bradley W. Finkbiner, Ed.D. Principal 410Missouri Ave., Largo, FL 33770 Ph. (727) 588-3758 Fax (727) 588-4037 E-mail: Largo-hs@pcsb.org Creating Lifelong Learners via: ExCEL Magnet Program International Baccaleaureate Programme Scholar Program October 14, 2016 To: Whom it May Concern From: Brad W. Finkbiner, Ed.D. Re: Ajax Building Corporation It is my honor to write a recommendation letter for Ajax Building Corporation. I became a brand new principal in 2012- 13. During the first month of my tenure, I was informed that Largo High was to undergo a full replacement for the campus. In the 2013-14 school year, Ajax was chosen by the Pinellas County School Board to be the construction company for this project. Ajax Building Corporation has been wonderful to work with. I had a multitude of questions as we began the project, and they took the time to sit with me and answer each so I would be able to make decisions with a better understanding of the process. They also made suggestions that had been successful on other projects which helped us. I believe that we have built the finest school in the State of Florida, with the help of Ajax. I have no problem letting any district know they should consider Ajax Building Corporation for any projects that need a professional company that will do an outstanding job. CITY OF CLEARWATER CITY HALL 3. PROJECT UNDERSTANDING, APPROACH, MANAGEMENT, COST CONTROLS, AND SCHEDULE PHOTOGRAPH: CITY OF ST. PETERSBURG POLICE DEPARTMENT HEADQUARTERS GO BACK TO TABLE OF CONTENTS CITY OF CLEARWATER CITY HALL subcontractorsvendors MBEoutreach architect City Manager’s Office City clerk’s Office humanresourcesdepartment citizens/community finance public works City councilchambers City attorney’soffice publiccommunicationsdepartment planning & development parks &recreation We understand the New City Hall Building for the City of Clearwater designed by Wannamacher Jensen Architects, will be stand-alone building located on the southwest corner of Myrtle Avenue and Pierce Street. The MSB renovation will include upgrades to the building's exterior, interior, and mechanical systems. The new city hall will be named after William B. Horne, a longtime city manager who died in 2021. The city council selected the stand-alone city hall concept after considering two other options, one of which would have combined the new city hall and MSB into a single building. The council chose the stand-alone option because it is more affordable and will allow for a more efficient use of space. PROJECT UNDERSTANDING, APPROACH, MANAGEMENT, COST CONTROLS, AND SCHEDULE The new city hall will be a modern and accessible facility that will provide a more welcoming and efficient experience for residents and visitors. The building will be designed to meet the needs of the city's growing population and workforce. It will also be environmentally friendly and energy-efficient seeking LEED Silver Certification. The MSB renovation will improve the functionality and efficiency of the building, which houses several city departments, including customer service, public works, and code enforcement. The renovation will also make the building more accessible to the public. The city council expects construction on the new city hall and MSB renovation to begin in early 2024 and be completed in late 2025. Ajax's expertise with CMAR services includes over $1 Billion in Government projects, including the recent Clearwater District 3 Operations & Training Center. Our understanding of the Cities' policies and procedures will ensure another successful project in Clearwater. The entire team bring the expertise of working in an urban environment as well as working with multiple stakeholders. Ajax recognizes how critical this project is to this community and will incorporate a Project Specific Website to keep the residents and businesses informed of the construction activities. HUB OF THE WHEEL: Ajax will be the “hub of the wheel” ensuring all communication between the City of Clearwater and all departments involved along with WJA, Broaddus & Assoc., Design Consultants, Subcontractors, Vendors, etc. are properly documented. Through this approach, our goals is to increase efficiency, improve communication and reduce risks of errors for the the construction of the New City Hall for the City TEAM SHOWCASE CHRIS BROWNSENIOR PROJECT MANAGER DONNIE ROBERTSSENIOR SUPERINTENDENT • 59 Years Combined Construction Exp• Past Successful Clearwater Project• Experience in Urban Environments• Relationships with Local Subcontractors• Multi-Phased Renovations (MSB)• Excellent Communication - Multiple Stakeholders This team recently completed Clearwater Police District 3 Operations Center. CITY OF CLEARWATER CITY HALL PAGE 07 SITE UTILIZATION PLAN CITY OF CLEARWATER CITY HALL PAGE 08 a. Explain how the Offeror will provide the: (1) leadership; (2) management; and (3) administration required to be successful in the development of this project. LEADERSHIP: The Ajax Team believes that the key components of leadership are:• Taking Ownership and creating focus to ensure Owner Goals are being achieved.• Being Accountable and ensuring all team members fully understand roles and responsibilities.• Being proactive in identifying the issues.• Communicating the issues clearly and effectively to the City, Wannemacher Jensen Architects (WJA), Broaddus & Associates and stakeholders. • Providing the team with solutions backed by accurate data/costs so that informed decisions can be made.• Being diligent in pursuing resolutions, so the team has direction and maintains the required progress to keep the project on track.• Once direction is established, monitoring progress to ensure that the desired outcome is achieved. MANAGEMENT: To effectively manage projects, Ajax will institute the following management practices: COMMUNICATION• Establish the Roles and Responsibilities of each team member.• Facilitate and ensure the flow of information to all team members.• Assist the team in setting the project objectives. Identify specifically the goals that will drive the project from being good to being great!• With input from the team, develop a job specific Policy and Procedures Manual that will clearly define how various administrative and construction related functions will be carried out during the administration of the contract. COST MANAGEMENT DURING DESIGN AND CONSTRUCTION• Ajax will evaluate costs associated with various building systems, including the advantages and disadvantages to each, so that the project team can make informed decisions relative to design direction. These cost studies will also include Life Cycle analyses, so that decisions the team makes take into account not only the initial cost of a system but also the cost to operate and maintain the system over its useful life.• During each estimate phase we will include a list of value engineering alternates to be considered and utilized if necessary to reduce the overall project cost.• Ajax will aggressively manage the procurement process. By providing bidders with detailed scopes of work, schedule, site logistics plans and special project conditions geared to ensure that the Clearwater new City Hall and renovated MSB project will benefit from the most competitive and complete bids from pre- qualified, fully informed subcontractors DESIGN AND CONSTRUCTION PHASE SCHEDULING• Defining the overall scheduling / site utilization / phasing approach for a phased project will be an early priority for the Team. Ajax will work with the City and multiple user groups, WJA and consultants to determine the options that will facilitate an efficient implementation of the work but also minimize impact to ongoing operations of the adjacent Clearwater Police HQ, Municipal Services Garage and public areas.• Once the Project Master Schedule has been developed it will be monitored and updated weekly in both the preconstruction and construction phase. This process will enable the team to identify schedule issues immediately and formulate the corrective action necessary to avoid or mitigate impact to the overall project schedule. Ajax’s approach is to be very detailed in our schedule development, including tracking all material and equipment procurement. We have found this assists the entire project team as we manage within the current heated supply chain market.• As with any project, Ajax understands the need to be flexible and to react to changes. When changes occur, Ajax will evaluate them, not only from a budgetary standpoint, but also with a keen eye on how the change impacts the schedule. When these issues do occur, Ajax will always examine ways to eliminate/ mitigate potential impacts by re- sequencing or accelerating various work activities.• Transportation logistics with this area to the site will be developed early to ensure least impact to roadways leading to and around the property and ongoing City and public operations nearby. QUALITY MANAGEMENT• Quality Design + Quality Subcontractors + Experienced Field Supervision + Proactive Quality Assurance Program = Quality Projects. In each phase of the process, each member of the team serves a vital role in assuring quality. Ajax will develop and implement a Job Specific Quality Control Program.• As part of our QCP, Ajax will ensure mock-ups are utilized for all critical components of the work, pre-install meetings are held for all definable features of the work and continuous inspections are held to ensure the work install follows the required quality requirements contained in the Documents. ADMINISTRATION OF THE PROJECT: The ability to provide leadership and manage the project is achieved and executed through Ajax experienced and qualified field staff. Ajax implements several administrative tools and processes to ensure the preconstruction and construction phases for the City Hall will run seamlessly and efficiently. BI-WEEKLY OWNER/ARCHITECT/CONSTRUCTION MANAGER MEETINGS: In effort to address outstanding issues and keep the necessary lines of communication moving, Ajax will conduct bi-weekly meetings (and more often when necessary) with the project team to review the project status, obtain necessary direction on critical issues, and to resolve any outstanding issues. Weekly Subcontractor Meetings: Ajax coordinates all the work taking place on the site. On a weekly basis we fully status the upcoming work via our Subcontractor Weekly Meetings, verifying such elements as material deliveries, productivity, schedule adherence and project coordination and safety. PROCORE: Ajax utilizes Procore Project Management software to help manage each of our construction projects. Procore is considered among the most innovative cloud programs creating a truly collaborative environment. All information is maintained in one place with real time accessibility by every project team member. This ensures all information accessed is always accurate, consistent and up to date. WORK DOCUMENTATION: Ajax uses a number of scanning technologies such as Open Space and Cupix to document the Building Information Model back to actually installed work in the field. These tools allow for quality and schedule adherence confirmations of the work on a regular basis. Ajax will establish the baseline during the preconstruction phase and will utilize these tools regularly during construction to document work installed and quality checks. MONTHLY REPORTS: Keeping all members of the team fully informed on the status of the project is the key to a successful project. On a monthly basis, Ajax will provide the project team with a monthly report that will provide information on progress, financial and documentation. SCHEDULE: Ajax’s proactive approach to schedule development involves a collaborative effort between Ajax, the City of Clearwater, WJA, Broaddus & Assoc and major subcontractors to ensure that the schedule logic and durations are sound and substantially reflect both the required sequence of activities and the time necessary to carry out the work. CITY OF CLEARWATER CITY HALL PAGE 09 DESIGN PLAN REVIEW: Ajax implements a very structured approach to plan reviews that include both BIM Clash Detection review of the revit model and good old fashion page flip reviews with the Ajax team. Our goal during these reviews is to ensure the documents are Clear, Concise and Coordinated (The Three C’s) throughout the design process. We believe our plan review process provides for a clean set of bidding documents that will yield tighter subcontractor bids and reduce future change issues once the project moves into construction. OPTIONS REVIEW & ANALYSIS: We utilize the experience of our team coupled with a cost history database of previous option ideas to bring forward for team evaluation and consideration. Ajax maintains a data base of previously used Value Engineering items that are an initial baseline of potential cost control options for your project. The Team will expand on these options throughout the entire preconstruction phase. SYSTEMS COST ANALYSIS: Systems Estimates are used to assist the City, WJA and Broaddus & Assoc. in making design selections. Ajax will provide cost information (materials, labor, maintenance) for each system being contemplated for any particular building component (for instance, reclaimed cooling water vs. air / water cool chillers OR permeable paver options OR shade structure options, etc.) These estimates can take place during any phase of the design. In order to consider the options developed, their cost and overall impact, Ajax will provide the cost to install, operate, and maintain. LIFE CYCLE COST ANALYSIS: Ajax will determine how each system or the facility as a whole will perform after 15 to 20 years. All aspects of the operational cost and maintenance of the facility is taken into consideration to select the best systems and equipment for the life of the facility. VALUE ENGINEERING: Ajax will develop a list of Value Engineering/Cost Reduction Options for consideration. We will provide an itemized list of alternate materials, equipment and systems along with their associated savings. We then evaluate the list with the project team to determine which ideas have the most merit for further development. Savings from the Value Engineering exercises usually range from 3% - 8%. PRECONSTRUCTION PHASECONCEPTUAL ESTIMATE: The Conceptual Estimate is a complete estimate, based on initial design criteria and 65 years of historical cost data and provides budgetary parameters for the entire development team. Ajax’s experience in similar municipal projects, provides us with an unmatched market expertise and knowledge of elements that are to be included in these types of facilities. We will work closely with WJA and Broaddus & Associates (Owners Rep) early in design to establish baseline estimates. DETAILED ESTIMATE: As the project progresses and successive design phase documents become available, we perform a complete Detailed Estimate. Estimates are produced in-house for all trades, including mechanical, electrical, plumbing and fire protection. Ajax will provide cost information for each system being contemplated and in conjunction with the City of Clearwater Engineering Construction Standards. In addition to using historical cost data, the team will receive valuable input and assistance from area trade contractors to determine the trends of the construction market during changing markets which we are now in. GUARANTEED MAXIMUM PRICE: Our goal is to achieve a Guaranteed Maximum Price (GMP) while incorporating 100% of your goals and objectives. When the documents are complete, we will competitively bid the project to prequalified subcontractors and vendors to ensure competition and ensure the lowest responsible price. Ajax can submit a Guaranteed Maximum Price at any phase of the design documents. With the current heated construction market and supply chain issues, we have found that implementing early procurement is key to ensuring on time delivery. Ajax will work with the City of Clearwater, WJA and Broaddus & Assoc. to develop the necessary sequencing of early purchases to ensure timely delivery to support the overall project schedule. b. Explain generally how Offeror will provide design plan review, engineering estimate review, concept review, and cost analysis services. c. Provide a summary of cost control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the Project. Provide overview of how firm will work with A/E and Owners Representative to keep project within budget. CITY OF CLEARWATER CITY HALL PAGE 10 PHOTOGRAPH: DADE CITY NEW CITY HALL & POLICE STATION PHOTOGRAPH: SANTA ROSA COUNTY JUDICIAL CENTER COMPLEX PHOTOGRAPH: OKALOOSA COUNTY CRESTVIEW COURTHOUSE CONSTRUCTION PHASE: During construction, cost control is accomplished through proper bid management, detailed cost reporting and payment procedures, management of contingency funds, and thorough review of potential cost issues and change requests. BID MANAGEMENT: As the design documents are being finalized, the Team will develop a comprehensive list of alternates and unit pricing that will be made part of our Trade Specific Bid Forms. This ensures we received bid day pricing for all anticipated future enhancements and / or change items as part of the initial subcontractor pricing. CONTINGENCY / CHANGE MANAGEMENT: Ajax will maintain up to date reports of all contingencies and change adjustments to ensure the team understands exactly where the project cost sit at all times. We review these reviews at our bi-weekly OAC meetings with the City, WJA and Broaddus & Assoc. to keep items moving through the process to full resolution. OWNER DIRECT PURCHASES FOR SALES TAX SAVINGS: Ajax understands every cost saved or avoided adds dollars that can be used for other City of Clearwater priorities. Just as we did at the Clearwater PD – District 3 project, we will aggressively review the major purchases for the project and work with the City to ensure the sales tax program is implemented efficiently and allows for most savings possible. SUBCONTRACTOR MANAGEMENT: Ajax monitors and enforces the contract documents and the project schedule. Maintainingthe shortest possible duration in the overall project schedule equates to reduced general conditions costs. DETAILED COST REPORTS: The Ajax project management team utilizes detailed cost reports including Job Analysis (Actual/ Committed) reports, labor reports, and subcontractor and purchase order payment reports. d. Explain how the Offeror will manage construction activities and ensure public safety. e. Provide estimated duration of proposed construction phases. The safety and secured operation of the elements to remain is a top priority of the Ajax Team. We will work with the City by conducting background checks on each subcontractor, as well as require each subcontractor to follow a “code of conduct,” which includes absolutely no interaction with staff or visitors and adjacent operations. Weekly planning meetings will be conducted with Ajax and City staff to prepare for upcoming activities, as well as daily meetings to review what will be occurring that day. Communication will be constant and clear between Ajax and the City of Clearwater representatives. Through our depth of experience in occupied environments, we have developed the following key elements to successful safety implementation on occupied sites and adjacent sites. Develop, coordinate and implement a logistic plan that ensures the proper separation and safety of the operations from the construction work. Such elements as barriers, secured fencing, temporary partitions, double-barrier separation systems and appropriate signage are all utilized to keep the construction activities away from the adjacent MSB. Daily inspections are implemented, both in the morning prior to start of work and at end of shift, to ensure areas adjacent to public spaces are clean, separation elements are in good order and any items discovered will be immediately addressed. Site maintenance and dust control are integral components of Ajax’s overall corporate safety program. Cleanliness and safety are an essential part of our business. It is a policy of our company to protect workers and the public alike, from exposure to dust and noise physical injury, long-term illness and unnecessary inconveniences. Ajax's Loss & Safety Program has been developed to assure compliance with federal, state and local regulations, with particular emphasis on the Occupational Safety and Health Act of 1970 (OSHA). The program is designed to aid workers in understanding and enforcing the rules and regulations that have been designed to not only, provide safe working environments, but minimize the impact that construction will impose upon surrounding business and people at large. Ajax will at all times insure that each construction site is adequately lighted, that necessary signage is in place and that the site is swept clean daily. This includes the use of green dust and isolating partitions to prevent any infiltration and disturbance beyond the immediate area of construction. A Site Safety Officer has been assigned and it is that designated person’s responsibility, together with the Project Manager and Project Superintendent to enforce the practices of this program. Also, A project-specific webpage is created on the Ajax website for each project. The project-specific webpage includes project data, details, status updates, photographs, as well as community updates on the project that are updated on a monthly basis. We believe you will find our webpage one of the best in the construction industry and encourage you to “walk our site” at www.ajaxbuilding.com. Ajax has the ability to provide a live project webcam at the jobsite to ensure maximum visibility and owner participation. Preconstruction Phase: Preconstruction & Bidding - 7 Months (December 2023 - July 2024)Construction Phase: Construction to Substantial/Benificial Occupancy - 17 Months (March 2024 - July 2025)The City is currently working with WJA on design and expects full design to be complete by May 2024 with 60% Document ready by December 2023. We recommend that an Early Release Package (ERP) be prepared for long lead items and upfront Civil work. Long lead items would include switch gear, major HVAC equipment, potentially curtain wall elements, etc. Civil work would include site demolition, earthwork, and utilities. We envision the ERP package to be ready for bidding by January 2024 to allow for start of Site work by March 2024. Based on our historical data and understanding of the project, the project construction duration is 17 months. Closeout to Final - 2 Months (August 2025 - September 2025)Ajax will work with the City and all stakeholders to plan out the schedule delivery to ensure compliance with these requirements. As with all projects, the success of the schedule is heavily dependent upon the plan prepared prior to the project even starting. We look forward to working collaboratively with the City and other stakeholders in this regard. CITY OF CLEARWATER CITY HALL PAGE 11 PHOTOGRAPH: CITY OF VENICE PUBLIC SAFETY FACILITY g. Describe how firm will maintain schedule control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the project. Describe firm’s approach to schedule recovery if slip occurs. f. Describe how firm will maintain quality control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the project. PRECONSTRUCTION PHASEUNDERSTANDING THE CITY OF CLEARWATER’S SCHEDULE OBJECTIVES: At the very start of the project Ajax will meet with the City of Clearwater to identify the schedule objectives (interim milestones and completion dates). We will also develop a master project schedule that includes all design, permitting, construction procurement, owner equipment purchasing, abatement and construction timelines and inspections necessary to achieve the desired completion. SOLICIT INFORMATION FROM THE SUBCONTRACTORS AND VENDORS: The project schedule cannot be developed in a vacuum. Ajax actively seeks out information from the subcontractors and suppliers related to production rates and the availability of manpower and material. This feedback will lead to the development of a workable schedule and when updated will provide meaningful information. MAKING THE SCHEDULE AND INTEGRAL PART OF THE SUBCONTRACT AGREEMENTS: Ajax includes a detailed construction schedule with each bid package. Each bidder understands the schedule requirements prior to bidding and by submitting his bid represents that he agrees to the schedule included in his bid package. This provides Ajax with the leverage it needs to enforce the project schedule requirements on the subcontractor. CONSTRUCTION PHASEMONITOR AND UPDATE: In order to manage the project schedule effectively, Ajax monitors and updates the schedule daily. By closely monitoring job progress, Ajax can identify any schedule issues with sufficient time to develop a recovery plan. The ability to identify issues early allows Ajax to deliver our projects to our clients on time. ENFORCE THE SCHEDULE REQUIREMENTS DAILY: By managing and enforcing the schedule each and every day, the trades are accustomed to meeting deadlines and schedule objectives. Further, the schedule progress is noted daily to resolve potential concerns as they may arise. SUBCONTRACT ENFORCEMENT: Should a subcontractor fall behind in the required progress of their work to maintain the schedule, Ajax will hold the necessary engagement to obtain recovery commitments. Should this approach not satisfy the schedule needs, Ajax will implement subcontractor supplementation as necessary to correct the schedule deficiency. SCHEDULE RECOVERY: Subcontract Enforcement: Should a subcontractor fall behind in the required progress of their work to maintain the schedule, Ajax will hold the necessary engagement to obtain recovery commitments. Should this approach not satisfy the schedule needs, Ajax will implement subcontractor supplementation as necessary to correct the schedule deficiency. Should schedule issues arise in respect to outside vendors, such as utility providers or unforeseen issues, Ajax will prepare detailed solution options for the City’s consideration with the driver being overcoming such issues in such a way that will not push the required end date out. With our experience from the Clearwater Police Department – District 3 project, we were able to work with the team to facilitate a number of issues related with utility installations so to not impact the project’s desired turnover date. PRECONSTRUCTION PHASEDESIGN REVIEW: Quality begins with a thorough review of the plans and specifications for completeness, accuracy & constructability. After a systematic review of the plans and specifications, we recommend modifications to the City, WJA and Broaddus & Assoc. that might be made to the drawings and/or specification to assist in clarifying the design intent and to find and correct any issues in the plans or specifications that could pose problems in the field. REDI-CHECK SYSTEM: Ajax utilizes the Redi-Check system to review the contract documents for any discrepancies, resolving conflicts and ensuring quality prior to bidding and construction. Clear and concise documents ensure competitive and responsive bids. BUILDING INFORMATION MODELING (BIM): Utilizing BIM for the design process allows us to provide real time interdisciplinary coordination. Additionally, using Navisworks clash detection technology will assist the team in recognizing conflicts and reconciling them before documents are available to the subcontractors. EARLY SUBCONTRACTOR ENGAGEMENT: Ajax has a depth of subcontractor relationships over the 30+ years we have been doing work in Pinellas County and surrounding areas. We will work closely with the subcontractor during the design phase to pull also from their recommendations for quality control concerns and alternative approaches to provide best value to the project. CONSTRUCTION PHASEREVIEW QUALITY CONTROL PLAN WITH SUBCONTRACTORS: The project team will review the quality control program in detail with each subcontractor and establish what the standards for acceptance will be for each element. Ensuring that everyone responsible for the final product has a complete understanding of the project requirements before the start of work is the first defense against poor quality. SHOP DRAWINGS & SUBMITTAL REVIEW: The project team reviews submittals for conformance with the contract documents, accuracy and completeness. Ajax will never pass on submittals without being thoroughly reviewed and vetted. Should submittals not meet the requirements of the Contract Documents, such will be rejected before going to WJA for review. MOCK-UP OF REPETITIVE OR DIFFICULT WORK: Mock-ups of repetitive or difficult work are required to be constructed by all participation subcontractors before construction begins. This will establish an initial quality benchmark so all subcontractors know what standard of quality must be obtained. Such mock up elements typically include building envelope systems such as precast, tit-wall, windows / curtain wall and other critical / tight tolerance installations. IN FIELD TESTING & REVIEWS: The Ajax Team will implement independent testing of window assemblies to ensure compliance with water tightness. The use of Open Space and Cupix will assist with confirming rough-in installations are correct and properly coordinate with FF&E equipment locations. We will coordinate pre-start confirmation of all security system installations such as electric hardware, card readers, cameras, etc. Pre-start coordination meetings and documentation will be performed for all definable features of work, prior to the trade’s mobilization on the site. CONTINUAL INSPECTIONS: The Ajax Team will the reviewing the initial install of all elements of the work to ensure compliance with the Contract Documents and Pre-install Meeting discussions. Once we are assured the initial installation is meeting the required quality, our Team will continual inspect to make sure all future installations comply as well. PROMPTLY REJECT NON-CONFORMING WORK: Any work that is found to be non-conforming will be promptly rejected. Our subcontract requires that corrective action be taken within 24 hours of notification of rejection. CITY OF CLEARWATER CITY HALL PAGE 12 h. Provide overview of firm’s Request for Information (RFI) and submittal process. Specifically identify what reviews and checks are performed within firm. In the early stages of the Preconstruction process, Ajax will actively solicit interested bidders, including specialty expert subcontractors. We use many sources for locating and contacting subcontractors for involvement in the project including our internal database of subcontractors that we have worked with in Pinellas and surrounding counties for the past 26 years, posting the project on our Ajax website for current bidding opportunities, the local ABC Chapter register, and listing the project on web-based project publications to blast to a wider base of potential subcontractors. As we manage the communications and contact with the potential bidders, our prequalification process starts. All contacted firms must complete the prequalification documentation to ensure that only reputable and qualified subcontractors bid on your project. Ajax will make sure that they have the track record and are appropriately qualified, experienced and financially stable firms to bid on the project. Ajax prequalifies for construction experience on projects of similar size and complexity, proven record of quality and schedule adherence, financial stability and bonding ability, and safety record and insurance. The entire process through initial contact, follow up, prequalification, and receipt of bids is tracked and recorded in our Market Analysis report to validate the subcontractor ability and interest in the project. Infusing competition only works if the bidders have a complete understanding of the project requirements. After prequalifying subcontractors and generating interest in the project, we assemble bid documents. To clearly define the responsibilities of each subcontractor, Ajax prepares a detailed bid package for each individual trade. The bid package includes a detailed Scope of Work, Site Utilization & Phasing Plans, the Project Schedule, Plans & Specifications, the Quality Control Program, our Safety Control Program, the Subcontract Documents, and Special Conditions. When developing bid packages Ajax provides bidder with “all” the information necessary to prepare a responsive bid. This includes not only clear scopes of work, but also providing all contract requirements including contract terms and conditions, schedule requirements, safety requirements and special conditions related to working in an urban setting. Pre-bid meetings are held to fully explain the project, bid packages and answer any questions pertaining to the project, plans and specifications that the bidders may have. We receive sealed bids from the subcontractors and open in the presence of a representative of the City. This is done to provide the highest level of integrity to the bidding process ensuring the subcontractor market of a fair and competitive process. After the bids are opened and tallied, the apparent low bidders are contacted for a pre-award meeting to confirm all items required from the bid packages are included in the respective bids received. This process ensures that the GMP developed from the subcontractor bids will be inclusive of the most comprehensive subcontractor costs. IDENTIFY SUBCONTRACTORS PREQUALIFYSUBCONTRACTORS CONDUCT PREBID CONFERENCES PROVIDE DETAILED BID PACKAGES ACCEPT SEALED BIDS CONDUCT SCOPE REVIEW MEETING RECOMMENDATION AWARD Encourage local firms to participate. Ensure qualified and capable vendors bid the project. Ensure each bidder is fully aware of all project requirements prior to bid. Informed bidders ensure more accurate bids Protect the City of Clearwater from potential conflicts. Confirm bids are comprehensive and complete Submit Recommended Subcontractors to the City of Clearwater SUB-CONTRACTOR BID STRATEGY CITY OF CLEARWATER CITY HALL PAGE 13 PHOTOGRAPH: CITY OF CLEARWATER POLICE DEPARTMENT DISTRICT 3 OPERATIONS & TRAINING CENTER PHOTOGRAPH: CHARLOTTE COUNTY JUSTICE CENTER i. Explain firm’s team approach to resolve potential conflicts with the (1) trade contractors and (2) City. j. Provide a brief narrative outlining why your firm is the best qualified to perform the CMAR services with GMP outlined in this RFQ. DESIGN REVIEW: The first defense in conflict prevention begins with a thorough review of the plans and specifications for completeness, accuracy, and constructability. After this review, we recommend to the architect clarifications or modifications that might be made to the drawings to help prevent misunderstandings. Clearly understood documents minimize the likelihood of conflict. COMMUNICATION: Conflicts typically arise from a lack of communication and a lack of coordination between parties. To prevent conflict, monthly coordination meetings are held with the City of Clearwater, WJA, Broaddus & Assoc. and ourselves. Additionally, to help facilitate good communication and transfer of information, once a month an owner project status report is distributed, “placing everyone on the same page.” REGULARLY SCHEDULED MEETINGS: The Ajax team believes that continual dialog between the team members, through regularly scheduled team meetings provides the appropriate forum to address possible issues as they arise. Using an open issues list, which allows the team to remain focused on resolving issues and use the meeting to formulate resolutions and directions. PRE-BID & PRE-INSTALLATION MEETINGS: Pre-bid and Pre-Installation meetings are held to fully explain and/or answer any questions pertaining to the project, plans and specifications. Weekly job site meetings with the subcontractors and suppliers are conducted to provide a continuing project review. This is especially critical with specialty equipment for evidence & storage installations. SUBCONTRACTOR COORDINATION MEETINGS: Ajax conducts these meetings, at least once a week, with all onsite subcontractors. In these meeting Ajax reviews with the project schedule, including upcoming milestones, inspections, testing, and safety and quality issues. This is also a forum to address any current issues that exist. CONFLICT RESOLUTION: Should conflict occur, even after all the above proactive checks and balances to work to avoid potential conflicts have happened, Ajax works with all parties to ensure a proper, fair and balanced resolution is achieved. Our number one priority in such circumstance is to ensure the Owner receives the quality and committed to deliverables / commitments. EXTENSIVE EXPERIENCE WITH PUBLIC / GOVERNMENT CLIENTS: Ajax has been providing CMAR services for public clients in Pinellas County for over 25 years, delivering the highest level of customer service. We have worked with more than 140 public entities, including the City of Clearwater and completed more than 1,100 construction management at risks projects. Saying that, we feel our Pre-construction services are second to none in the industry with an average of less than 2% variance between our first estimate at schematic to final GMP. With our past projects in Clearwater, our team has a clear understanding of the City’s requirements, including the City Greenprint 2.0 initiatives. With members of our team LEED AP, we will engage the entire team early to achieve the LEED Silver certification for this important project. We understand the greatest impact in these efforts are implemented right up front on day one to establish the plan and track the necessary items to ensure compliance. The entire team brings the expertise working with public clients with CMAR delivery with the relevant experience and in a urban environment. Our last successful project with the City of Clearwater being the new Clearwater Police Department – Substation 3 facility is a testament that Ajax values our clients and is always looking to over deliver on our commitments. PAST SUCCESSFUL EXPERIENCE WORKING WITH CITY OF CLEARWATER: Ajax completed the Countryside Library, Countryside Recreation Center Renovations and the Clearwater Police Department Substation 3 ensuring the stakeholders we understand the City’s policies and procedures. We worked as a Team with the City’s various departments to ensure full satisfaction of the Contract requirements. We see ourselves as a partner in your success and treat our clients as we would like to be treated. BUILDING IN URBAN ENVIRONMENTS & ADJACENT SITES DURING CONSTRUCTION: Ajax has worked on over 300 occupied sites and understands the safety and security of an active and operational site with the multiple businesses and visitors that visit daily. We will develop, coordinate and implement a logistic plan that ensures proper separation from the public and adjacent City Opeartions. Daily Clean-up will be enforced early and throughout the construction process. Some of the items that will be addressed are: • Site Security• Surrounding Businesses / Residential• Integrating Safety 360 Into the Site PLan • Background Checks for All Workers• Safe Separation of Work Areas• Flagmen for Construction Entrances• Traffic Plan for Lane Closure• Just in TIme Deliveries• Subcontractor Access Areas• Subcontractor Staging and Parking Areas LOCATION, LOCATION, LOCATION: Ajax’s Oldsmar Office is 12 Miles away from the the jobsite. CITY OF CLEARWATER CITY HALL PAGE 14 PHOTOGRAPH: FLAGLER SHERIFF'S DISTRICT 3 ADMIN FACILITY 4. PROJECT STAFF AND AVAILABILITY GO BACK TO TABLE OF CONTENTS CITY OF CLEARWATER CITY HALL PHOTOGRAPH: CITY OF CLEARWATER POLICE DEPARTMENT DISTRICT 3 OPERATIONS & TRAINING CENTER (JOBSITE) Identify prior similar projects the key personnel listed have worked on together as a team on behalf of the Offeror. Provide a clear and concise proposed staffing chart with applicable experience and roles on the reference projects from Tab 2. JEFF STEPHENSONCHIEF ESTIMATOR JORDAN WISEPRECONSTRUCTION MANAGER JUDD WESTDIRECTOR OF PRECONSTRUCTION MARC REEVESDIRECTOR OF RISK MANAGEMENT LORI RICEPROJECT DEVELOPMENT MANAGER & COMMUNITY OUTREACH ROWDY FRANCISQUALITY CONTROL SEAN AKVANVDC / BIM COORDINATOR TED PARKERDIRECTOR OF VENDOR DIVERSITY & COMMUNITY OUTREACH CLEARWATER RESIDENT BILL BYRNEPRINCIPAL-IN-CHARGE TIM SEWELLPROJECT EXECUTIVE RICK GUERRAGENERAL SUPERINTENDENT CHRIS BROWNSENIOR PROJECT MANAGER DONNIE ROBERTSSENIOR SUPERINTENDENT TIM HURSTMEP SUPERINTENDENT BRADY BALDREEASST. PROJECT MANAGER MIKE MCKNIGHTAREA SUPERINTENDENT PROJECT STAFF AND AVAILABILITY WE ARE COMMITTED TO YOU Ajax’s commitment to quality and superior service is exemplified in our commitment of a highly experienced and innovative team. This team was selected for their knowledge and experience in working on projects with similar logistical and technological complexities, and their ability to address the specific scope of the work for the City of Clearwater New City Hall and Municipal Services Building Renovations. No key staff changes will take place without written authorization of the City of Clearwater. The Ajax proposed team, led by Tim Sewell, Project Executive, Chris Brown, Sr. Project Manager, and Donnie Roberts, Sr. Superintendent, recently completed the City of Clearwater Police Department District 3 Operations & Training Center. Our qualified team will perform their work with the goal of representing and protecting the interests of the City of Clearwater, providing a high level of communication and coordination, in an open book process, while providing a seamless transition between preconstruction and construction in the course of delivering the City Hall and Municipal Services Building Renovations project on time and within budget. They bring current knowledge of working with the City and the engineering staff as well as government facilities. Provide a list of key personnel the Offeror will commit to the project for its duration. Identify specific roles for each listed staff (such as project executive, project manager, on-site senior staff, superintendent etc.). Confirm that no key staff changes will take place without written authorization of the City. CITY OF CLEARWATER CITY HALL PAGE 15 Provide staff availability in a clear and concise manner depicting the proposed staff’s current and future availability. This chart should depict the team’s projected resource availability and commitment to this specific project. J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D PROJECTS TEAM SCHEDULED LEVEL OFMEMBERCOMPLETIONSUPPORT STAFFCITY OF CLEARWATER - NEW CITY HALL Design Phase (Remaining) Bidding & Buy-out & GMP Construction Phase TIM SEWELL - Operations ManagerCITY OF CLEARWATER - NEW CITY HALL Ferman Ford Dealership June-25 20% Sarasota EMS Facility March-25 20% Manatee County Schools Lakewood Ranch HS Classroom Addition January-24 20% CHRIS BROWN - SR. Project Manager CITY OF CLEARWATER - NEW CITY HALL Ferman Ford Dealership June-25 20% BRADY BALDREE - ASST. PROJECT MANAGERCITY OF CLEARWATER - NEW CITY HALL OUC St. Cloud O & M Facility February-24 100% RICK GUERRA - General SuperintendentCITY OF CLEARWATER - NEW CITY HALL Pasco Schools - New K8 School June-25 20% Manatee County Schools Lakewood Ranch HS Classroom Addition January-24 20% Pinellas Schools - Sandy Lane ES Remodel August-24 20% Hillsborough Schools Burns MS Referendum (Year 5) August-24 20% DONNIE ROBERTS - Sr. Superintendent CITY OF CLEARWATER - NEW CITY HALL Manatee County Schools Lakewood Ranch HS Classroom Addition January-24 20% MIKE MCKNIGHT - Area SuperintendentCITY OF CLEARWATER - NEW CITY HALL DSC - Deltona Classroom March-24 100% Ajax Building Company ONGOING PROJECTS GMP / Bidding Phase Design PhaseFull Time Off Site Support Construction Phase 20% 100% Procurement Phase 20% GMP CONSTRUCTION 20% 20% 20% 20% 202520242023 DESIGN 20% 100% CONSTRUCTION - 20%GMP - 30%DESIGN - 30% DESIGN - 20%GMP - 30%CONSTRUCTION - 100% GMP - 15%CONSTRUCTION - 100% 100% DESIGN - 5%GMP - 15%CONSTRUCTION - 100% 100% DESIGN - 5%GMP - 10%CONSTRUCTION - 20% DESIGN - 5%GMP - 15%CONSTRUCTION - 100% ALL TEAM MEMBERS AVAILABLE FOR CLEARWATERNEW CITY HALL PROJECT BASED ON WORK LOAD CHART. PROJECT STAFF AND AVAILABILITY TIM SEWELL PROJECT EXECUTIVE RICK GUERRA GENERAL SUPERINTENDENT CHRIS BROWN SENIOR PROJECTMANAGER DONNIE ROBERTS SENIORSUPERINTENDENT City of Clearwater Police Department District 3 Operations & Training Center City of Clearwater Clearwater Gas Complex City of St. Petersburg Municipal Services Center City of Tallahassee - Police Headquarters City of Venice - Public Safety Facility Manatee County Sheriff's Office Fleet Services Facility Sarasota County Emergency Services Administration Facility City of Clearwater Police Department District 3 Operations & Training Center City of Clearwater New Countryside Branch Library City of St. Petersburg Police Department Headquarters City of Venice - Public Safety Facility Dade City New City Hall & Police Station Manatee Sheriff's Office Fleet Services Facility Sarasota County Emergency Services Administration Facility City of Clearwater Police Department District 3 Operations & Training Center City of St. Petersburg Municipal Services Center Department of Corrections Washington Correctional Institute Ferman Countryside Ford (Clearwater) Sumter County Courthouse Parking Garage Polk County Mulberry Fire Rescue Station Department of Corrections Washington Correctional Institute City of Clearwater Police Department District 3 Operations & Training Center Charlotte County Justice Center Lakewood Ranch High School Classroom Addition Tampa Bay History Center Orlando International Airport Optimization U.S. Army Fort Meade Exchange Center School District of Manatee County Palmetto High School CITY OF CLEARWATER CITY HALL PAGE 16 Chris has managed numerous project in excess of 200,000 sf. Donnie has managed numerous project in excess of 240,000 sf. PHOTOGRAPH: CITY OF CLEARWATER POLICE DEPARTMENT DISTRICT 3 OPERATIONS & TRAINING CENTER Demonstrate staff’s knowledge of local work force, permitting processes, potential challenges on this project and solutions. With more than $390 million of projects in Pinellas County over the years, Ajax has developed long term relationships with local subcontractors and vendors. These relationships, combined with our local experience will enable us to provide opportunities for qualified local subcontractors and vendors, who have a proven track record of performance and installing quality work. In addition, we have a wealth of experience and knowledge of the local labor and material market. During the preconstruction phase we will identify, solicit and prequalify subcontractors to ensure we optimize local participation and that those who bid the project are sound qualified subcontractors and vendors. While we are charged with the task of getting you the best value for your construction dollar, it is equally important that we utilize quality subs and vendors as they ultimately are the key to the success of this project. As with any construction project, we do anticipate some challenges with the new City Hall with this important project located in downtown Clearwater, our team understands that there will be concerns within the community. With the central hub at City Hall and the Civic Center for the community's activities and gatherings, it is important they are on board and a part of shaping these spaces to best serve the needs and aspirations of the City. Ajax has been providing quality Pre-Construction and Construction Phase Services in Pinellas County for more than 26 years, through our office in Oldsmar. In fact, many of our employees reside in Pinellas County, including our President (Bill Byrne) who lives in Clearwater. Ajax has completed more than 65 projects in Pinellas County, including 31 public sector projects in Clearwater for the School District and Pinellas County, as well as recent projects with the City of Clearwater. In fact, the Countryside Library project was the first project in the City of Clearwater to completely submit the permitting process through the City’s website in a total paperless process. We worked with Building Official Kevin Garriott and System Analyst Lydia Moreda during the beta testing of that process and understand the City’s desire to no longer provide a separate comment sheet, but to have all permitting comments posted directly to the digital drawings in the appropriate area for immediate reference. Other agencies and departments our team has experience with is: • Department of Environmental Protection – (Environmental & Utilities) • Southwest Florida Water Management District (SWFWMD) KNOWLEDGE OF LOCAL WORKFORCE & PERMITTING PROCESS & CHALLENGES PHOTOGRAPH: CITY OF CLEARWATER POLICE DEPARTMENT DISTRICT 3 OPERATIONS & TRAINING CENTER CITY OF CLEARWATER CITY HALL PAGE 17 POTENTIAL SUBCONTRACTORSExplain how expert sub-contractors in their field will be selected in a cost compatible process. Provide a list of key sub-contractors, their references, and a MOU for their commitment to join your team. Identify prior projects the key sub-contractors have worked on with your team. MOUs will not count towards the page limitation. In the early stages of the Preconstruction process, Ajax will actively solicit interested bidders, including specialty expert subcontractors. We use many sources for locating and contacting subcontractors for involvement in the project including our internal database of subcontractors that we have worked with in Pinellas and surrounding counties for the past 26 years, posting the project on our Ajax website for current bidding opportunities, the local ABC Chapter register, and listing the project on web-based project publications to blast to a wider base of potential subcontractors. As we manage the communications and contact with the potential bidders, our prequalification process starts. All contacted firms must complete the prequalification documentation to ensure that only reputable and qualified subcontractors bid on your project. Ajax will make sure that they have the track record and are appropriately qualified, experienced and financially stable firms to bid on the project. Ajax prequalifies for construction experience on projects of similar size and complexity, proven record of quality and schedule adherence, financial stability and bonding ability, and safety record and insurance. The entire process through initial contact, follow up, prequalification, and receipt of bids is tracked and recorded in our Market Analysis report to validate the subcontractor ability and interest in the project. It is at this point that we can obtain MOU's from subcontractors who have proven they have the credentials to perform the work. Infusing competition only works if the bidders have a complete understanding of the project requirements. After prequalifying subcontractors and generating interest in the project, we assemble bid documents. To clearly define the responsibilities of each subcontractor, Ajax prepares a detailed bid package for each individual trade. The bid package includes a detailed Scope of Work, Site Utilization & Phasing Plans, the Project Schedule, Plans & Specifications, the Quality Control Program, our Safety Control Program, the Subcontract Documents, and Special Conditions. When developing bid packages Ajax provides bidder with “all” the information necessary to prepare a responsive bid. This includes not only clear scopes of work, but also providing all contract requirements including contract terms and conditions, schedule requirements, safety requirements and special conditions related to working in an urban setting. Pre-bid meetings are held to fully explain the project, bid packages and answer any questions pertaining to the project, plans and specifications that the bidders may have. We receive sealed bids from the subcontractors and open in the presence of a representative of the City. This is done to provide the highest level of integrity to the bidding process ensuring the subcontractor market of a fair and competitive process. After the bids are opened and tallied, the apparent low bidders are contacted for a pre-award meeting to confirm all items required from the bid packages are included in the respective bids received. This process ensures that the GMP developed from the subcontractor bids will be inclusive of the most comprehensive subcontractor costs. IDENTIFY SUBCONTRACTORS PREQUALIFYSUBCONTRACTORS CONDUCT PREBID CONFERENCES PROVIDE DETAILED BID PACKAGES ACCEPT SEALED BIDS CONDUCT SCOPE REVIEW MEETING RECOMMENDATION AWARD Encourage local firms to participate. Ensure qualified and capable vendors bid the project. Ensure each bidder is fully aware of all project requirements prior to bid. Informed bidders ensure more accurate bids Protect the City of Clearwater from potential conflicts. Confirm bids are comprehensive and complete Submit Recommended Subcontractors to the City of Clearwater SUB-CONTRACTOR BID STRATEGY UNITED STEEL WORKS, INC.BAR-FAB OF FLORIDA, INC. CITY OF CLEARWATER CITY HALL PAGE 18Objective 5. CONSTRUCTION MANAGER AT RISK FEE AND SAFETY RECORD PHOTOGRAPH: SARASOTA COUNTY EMERGENCY OPERATIONS CENTER GO BACK TO TABLE OF CONTENTS CITY OF CLEARWATER CITY HALL CITY OF CLEARWATER CITY HALL CONSTRUCTION MANAGER AT RISK FEE AND SAFETY RECORD Provide Construction Manager at Risk fee percentage (not dollar amount) as a percentage of the yet-to-be-determined Guaranteed Maximum Price (GMP). Include past project general conditions cost as a percentage of the GMP. List your organization’s Workers’ Compensation Experience Modification Rate (EMR) for the last seven (7) years as obtained from your insurance agent. Provide EMR as a numerical value. Provide data on the Offeror’s safety record of the past three (3) years as a percentage of employees’ direct hire fixed work hours, rounded to the nearest 1,000. Data should include the number of injuries and illnesses; number of lost time accidents; number of recordable cases; number of fatalities. Provide the number of direct hire fixed hours worked. CMAR FEE EMR RATES SAFETY RECORD Fee Percentage: Removed by Addendum Past project general condition percentages based on GMP value.• Pasco New K8 School 2.87%• St. Petersburg Police HQ 2.98%• Santa Rosa Judicial Center 4.09% At Ajax we are committed to providing the safest possible worksite for our employees, employees of subcontractors, and members of the general public. It is our goal to send every employee home healthy every day. To achieve this goal, we have developed a safety program that we believe leads the industry. With the project located in downtown and adjacent to the Municipal Services Building, we understand how to keep the construction activities separate from the church activities. This will start with a project specific safety plan. This will include fdle background checks and ID badges worn at all times. We propose working closely with the City and the staff to enhance the background checks. Below are some of our main points of our program: PROJECT HAZARD ANALYSIS: Prior to work beginning, the safety director, Marc Reeves, will review the contract documents with the project team to identify potentially hazardous tasks, conditions, materials, or special training required to perform the task. For the City Hall project, this will include an extensive review of our proposed site utilization plan to insure that our construction efforts are coordinated with the active businesses. PRE-TASK PLANNING: This is a specific task analysis by Senior Superintendent, Donnie Roberts. He will discuss with the crew the hazards anticipated with the tasks, equipment needed to perform their job safely, and personal protective equipment to be worn. SAFETY ORIENTATION AND TRAINING: All new employees are required to go through our safety orientation program prior to starting work and all employees are given more specific training for complex or technical jobs. DRUG AND ALCOHOL ABUSE PROGRAM: Our drug and alcohol abuse program includes pre-employment screening, random testing, and post accident testing. We also give extra consideration to subcontractors who have a similar policy in effect. We will also conduct background checks on all construction workers to ensure they have no issues that would prevent them from working. 2023 2022 2021 Safety Record 0.00 0.00 1.58 percentage of employees’ direct hire fixed work hours, rounded to the nearest 1,000’s # of Injuries & Illness 0 0 3 # of lost time accidents 0 0 0 # of recordable cases 0 0 0 # of fatalities 0 0 0 # of direct hire fixed hours worked 148705 427110 380615 • Robinson HS 3.49%• Pasco New LLL HS 3.69%• Pasco Cypress Creek MS 3.77% Elements included in the general conditions: All project supervisory and management staffing (Principal, Operations Manager, Project Manager, Asst. Project Managers, Project Engineer, Superintendent, Area Superintendents, Project Administrators, Accounting, Risk Management), associated labor burden, computers / monitors / i-pads, mobile phones, company vehicles / auto allowances and fuel. General Conditions range for the Clearwater City Hall project based on approximately $45,000,000 construction cost is 3.00% – 4.00%. Kimberly Bennett Marsh USA Inc. 445 South Street, Suite 210 Morristown, NJ 07962-1966 +1 973 401 5031 www.marsh.com March 1, 2023 Stephanie M. (Ryan) Tepperman, CPCU, CRIS Corporate Risk Manager Ajax Building Corporation 330 West 34th Street New York, NY 10001 Subject: Ajax Building Company, LLC Workers’ Compensation Experience Modification Factor NCCI Risk ID: 917248222 Dear Stephanie, The current and historical NCCI experience modification factors for Ajax Building Company, LLC are as follows: 2013 .77 Final 2014 .78 Final 2015 .77 Final 2016 .87 Final 2017 .76 Final 2018 .76 Final 2019 .69 Final 2020 .66 Final 2021 .66 Final 2022 .72 Final 2023 .62 Final as of 3/1/23 If you have further questions, please contact me at my number listed above. Sincerely, Kimberly Bennett Kimberly Bennett Advisory Representative .62 .72 .66 .66 .69 .76 .76 EMR 2023 EMR 2022 EMR 2021 EMR 2020 EMR 2019 EMR 2018 EMR 2017 6. LITIGATION PHOTOGRAPH: VOLUSIA COUNTY SHERIFFS EVIDENCE FACILITY GO BACK TO TABLE OF CONTENTS CITY OF CLEARWATER CITY HALL LITIGATION CONVICTIONS OR FINES CONVICTIONS OR FINES CONVICTIONS OR FINES CONVICTIONS OR FINES Ajax has not incurred any fines or convictions in the past three years. In the last three years, Ajax has not been involved in any construction related litigation cases. In the last three years, Ajax has not been involved in any administrative proceedings. In the last three years, Ajax has not been involved in any arbitration involving a construction project or contract. Because of our team approach to project construction and our proactive dispute resolution procedures, we have been able to greatly minimize the number of legal issues on our projects. Ajax has completed over 1,000 Construction Management at Risk projects for more than 140 public entity clients and is very proactive in preventing litigation opportunities on our projects. CITY OF CLEARWATER CITY HALL Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement; or (iii) any other matter before an administrative body.) Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. 7. OTHER FORMS PHOTOGRAPH: DADE CITY NEW CITY HALL & POLICE STATION GO BACK TO TABLE OF CONTENTS CITY OF CLEARWATER CITY HALL EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA CMAR –City Hall 15 RFQ #59-23 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note –Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) AddendaRespondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________   Ajax Building Company, LLC 10/13/23 x CITY OF CLEARWATER CITY HALL PHOTOGRAPH: CITY OF CLEARWATER NEW COUNTRYSIDE BRANCH LIBRARY COMPANY INFORMATION COMPANY INFORMATION CMAR –City Hall 16 RFQ #59-23 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above):Order from Address (if different from above): Address: Address: City: State: Zip: City: State:Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. CITY OF CLEARWATER CITY HALL Ajax Building Company, LLC 109 Commerce Boulevard 1080 Commerce Boulevard William P. Byrne 813.792.3938 Tim Sewell 813.792.3938 Midway FL 32343 813.792.3900 bill.byrne@ajaxbuilding.com 813.792.3900 tim.sewell@ajaxbuilding.com Oldsmar FL 34677 813.792.3900 813.792.3938 bill.byrne@ajaxbuilding.com www.ajaxbuilding.com 007844319 PHOTOGRAPH: DADE CITY NEW CITY HALL & POLICE STATION RESPONSE CERTIFICATION RESPONSE CERTIFICATION CMAR –City Hall 17 RFQ #59-23 By signing and submitting this Bid/Proposal/Qualification/Response, the Vendor certifies that: a)It is under no legal prohibition on contracting with the City of Clearwater.b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents.c)It has no known, undisclosed conflicts of interest.d)The prices offered were independently developed without consultation or collusion with any of the other vendors or potential vendors or any other anti-competitive practices.e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connectionwith the award of this contract.f)It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request underFlorida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or proprietary notices.g)It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders.h)It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency.i)It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and executive orders if awarded by the City.j)It is current in all obligations due to the City.k)It will accept all terms and conditions as set forth in this solicitation if awarded by the City.l)The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers and enter into contracts for the commodities or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: CITY OF CLEARWATER CITY HALL Ajax Building Company, LLC William P. Byrne CEO 10/13/23 PHOTOGRAPH: PINELLAS COUNTY ST. PETERSBURG JUDICIAL TOWER EXHIBIT C: FORMS VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM Exhibit C_Forms E-VERIFY ELIGIBILITY FORM VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095,CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL.FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1.The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.2.The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees.3.The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system.4.The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien.5.The Contractor must maintain a copy of such affidavit.6.The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractorsknowingly violated Florida Statutes 448.09(1) or 448.095(2)(c).7.If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated.8.The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________Authorized Signature__________________________________________Printed Name__________________________________________Title__________________________________________Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________Notary Public____________________________________Printed Name My Commission Expires: __________________NOTARY SEAL ABOVE  CITY OF CLEARWATER CITY HALL Ajax Building Company, LLC Kasey Diehl 2/27/26 Ajax Building Company, LLC Florida Pinellas 13th October 23 William P. Byrne William P. Byrne CEO CEO PHOTOGRAPH: PINELLAS COUNTY ST. PETERSBURG JUDICIAL TOWER EXHIBIT C: FORMS SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM Exhibit C_Forms SCRUTINIZED COMPANIES FORM SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. 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 that Boycott Israel List, or engaged in a boycott of Israel; and2.The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and3.“Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and4.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 Companies that Boycott Israel List, or engagedin a boycott of Israel.__________________________________________Authorized Signature__________________________________________Printed Name__________________________________________Title__________________________________________Name of Entity/CorporationSTATE OF _____________________COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath._______________________________________Notary Public____________________________________Printed NameMy Commission Expires: __________________NOTARY SEAL ABOVE  CITY OF CLEARWATER CITY HALL Ajax Building Company, LLC Kasey Diehl 2/27/26 Ajax Building Company, LLC FloridaPinellas 13th October 23 William P. Byrne William P. Byrne CEO CEO PHOTOGRAPH: SUMTER COUNTY PUBLIC SAFETY BUILDING EXHIBIT C: FORMS SCRUTINIZED COMPANIES FORM Exhibit C_Forms SCRUTINIZED COMPANIES FORM SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. 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; and2.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; and3.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; and4.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 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. __________________________________________Authorized Signature__________________________________________Printed Name__________________________________________Title__________________________________________Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________Notary Public____________________________________Printed Name My Commission Expires: __________________NOTARY SEAL ABOVE  CITY OF CLEARWATER CITY HALL Ajax Building Company, LLC Kasey Diehl 2/27/26 Ajax Building Company, LLC Florida Pinellas 13th October 23 William P. Byrne William P. Byrne CEO CEO PHOTOGRAPH: CITY OF FORT WALTON BEACH NEW FIELD OFFICE COMPLEX EXHIBIT C: FORMS TRUTH-IN-NEGOTIATION CERTIFICATE Exhibit C_Forms TRUTH-IN-NEGOTIATION CERTIFICATE TRUTH-IN-NEGOTIATION CERTIFICATE In compliance with the Consultants’ Competitive Negotiation Act, Section 287.055, Florida Statutes,and The Truth in Negotiations Act (TINA), ______________________________________________________hereby certifies Contractor that wage rates, fringe rates and other factual unit costs supporting the compensation for the __________________________services of ____________________________ to be provided under this Agreement, concerning _____________________________ 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: ____________________________________Authorized Signature____________________________________Printed Name____________________________________Title____________________________________Name of Entity/CorporationSTATE OF _____________________COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath.____________________________________Notary Public____________________________________Printed Name My Commission Expires: __________________NOTARY SEAL ABOVE  CM at Risk CITY OF CLEARWATER CITY HALL Ajax Building Company, LLC Ajax Building Company, LLC City Hall Kasey Diehl 2/27/26 Ajax Building Company, LLC Florida Pinellas 13th October 23 William P. Byrne William P. Byrne CEO CEO PHOTOGRAPH: CITY OF CLEARWATER POLICE DEPARTMENT DISTRICT 3 OPERATIONS & TRAINING CENTER LICENSE CERTIFICATE OF STATUS State of Florida Department of State I certify from the records of this office that AJAX BUILDING COMPANY,LLC is a limited liability company organized under the laws of the State ofFlorida,filed on June 27,2019,effective May 7,1962. The document number of this limited liability company is L19000160919. I further certify that said limited liability company has paid all fees due thisofficethroughDecember31,2023,that its most recent annual report was filedonApril12,2023,and that its status is active. Givenunder my hand and theGreatSealoftheStateofFloridaatTallahassee,the Capital,thistheSeventeenthdayofApril,2023 Tracking Number:6010621749CU Toauthenticate this certificate,visit the following site,enter thisnumber,andthenfollowtheinstructionsdisplayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES WELLS, APPLING SPEAKES V Do not alter this document in any form. AJAX BUILDING COMPANY, LLC LICENSE NUMBER: CGC1520391 EXPIRATION DATE: AUGUST 31, 2024 This is your license. It is unlawful for anyone other than the licensee to use this document. 1080 COMMERCE BOULEVARDMIDWAY FL 32343 Always verify licenses online at MyFloridaLicense.com CITY OF CLEARWATER CITY HALL W9 INSURANCE 16 Form W-9 (Rev. October 2018)Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– orEmployer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Ajax Building Company,LLC C 1080 CommerceBoulevard Midway,Florida32343 5 9 0 9 6 9 7 0 9 1/18/202310/13/23 CITY OF CLEARWATER CITY HALL AJAX BUILDING COMPANY, LLC 109 Commerce Blvd. Oldsmar, FL 34677 813.792.3900 ajaxbuilding.com @ajaxbuilding Document A133® – 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the _____ day of December in the year 2023, (In words, indicate day, month, and year.) BETWEEN the "Owner": (Name, legal status, address, and other information) City of Clearwater, a Florida Municipal Corporation Attention: Marcus Williamson, Public Works Director 100 South Myrtle Avenue Clearwater, Florida 33756 Phone: (727) 562-4750 Email: Marcus.Williamson@MyClearwater.com and the "Construction Manager": (Name, legal status, address, and other information) Ajax Building Company, LLC, a Florida limited liability company Florida License No. CGC 1520391 Attention: Tim Sewell, Regional Director - Florida 109 Commerce Boulevard Oldsmar, Florida 34677 Phone: (813) 792-3900 Email: tim.sewell@ajaxbuilding.com for the following "Project": (Name, location, and detailed description) New City Hall South Myrtle Avenue and Pierce Street, Clearwater, Florida 33756 Construction of a new, standalone City Hall ("City Hall") and renovations to the existing Municipal Services Building ("MSB") totaling approximately 109,742 square feet, including 41,680 square feet of new construction for the new, standalone City Hall and 66,063 square feet of renovations to the existing MSB. The "Architect": (Name, legal status, address, and other information) Wannemacher Jensen Architects, Inc., a Florida corporation Attention: Jason Jensen, AIA, LEEP AP, Principal 132 Mirror Lake Drive North, Suite 301 Saint Petersburg, Florida 33701 Phone: (727) 822-5566 Email: jason@wjarc.com The Owner and Construction Manager agree as follows. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES 4 OWNER’S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS EXHIBIT C A201-2017 EXHIBIT D OWNER’S PRELIMINARY PROGRAM EXHIBIT E SCHEDULE OF KEY PERSONNEL EXHIBIT F SCHEDULE OF GENERAL CONDITIONS COSTS EXHIBIT G FORM OF PURCHASE ORDER FOR DIRECT PURCHASE MATERIALS EXHIBIT H NOT USED EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE EXHIBIT J PUBLIC CONSTRUCTION BOND EXHIBIT K CONSENT OF SURETY TO FINAL PAYMENT EXHIBIT L NON-COLLUSION AFFIDAVIT EXHIBIT M SCRUTINIZED COMPANIES FORMS EXHIBIT N VERIFICATION OF EMPLOYMENT ELIGIBILITY EXHIBIT O PINELLAS COUNTY CONSTRUCTION LICENSING BOARD CERTIFICATIONS/FDBPR LICENSES EXHIBIT P CITY OF CLEARWATER TECHNICAL SPECIFICATIONS EXHIBIT Q CITY OF CLEARWATER GREENPRINT 2.0 REQUIREMENTS EXHIBIT R CITY HALL PRECONSTRUCTION FEE BREAKDOWN EXHIBIT Q MSB RENOVATION PRECONSTRUCTION FEE BREAKDOWN ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.") DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 3 § 1.1.1 The Owner’s program for the Project, as described in Section 4.1.1: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) The scope of Work for the Project (summarily described on Page 1 of this Agreement) includes, without limitation, professional general contracting services for the development of the design development and subsequent construction document level cost models, proposed staging, constructability, and schedule and subsequent occupancy of the Project. The professional general contracting services will include, but are not limited to pre-construction services during the design development phase, finalized in construction documents, including but not limited to pre-construction services of site planning, finalized in construction documents and, forecast permitting of scope. The Owner’s preliminary program for the Project is further generally described in Exhibit D, attached hereto and incorporated herein by reference. The Owner’s program shall be further defined and refined during the preconstruction phase of the Project. § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) § 1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown.) To be further developed as the Project is refined in consultation with the Owner, Architect and Construction Manager § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Architectural Schematic Design – November 1, 2023 Early Release Package 1 – February 19, 2024 Architectural Design Development 60% - February 8, 2024 Contract Documents 90% - May 17, 2024 Final Construction Documents – July 5, 2024 .2 Construction commencement date: Early Release Package 1 GMP Amendment – January 25, 2024 Permit Submission Early Release Package 1 – June 13, 2024 Building Construction GMP Amendment – August 8, 2024 Notice to Proceed Building Construction – August 19, 2024 .3 Substantial Completion date or dates: Substantial Completion – March 18, 2026 Final Completion – May 1, 2026 .4 Other milestone dates: Information Technology Testing – March 19, 2026 FF&E Installed – April 22, 2026 Computer Hardware on Desktops – May 4, 2026 Miscellaneous Installations – May 11, 2026 Move Date – May 18, 2026 § 1.1.5 The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 4 (Identify any requirements for fast-track scheduling or phased construction.) The Construction Manager shall cooperate with and support the Owner and the Owner’s Architect in the performance of preconstruction activities to support the Owner’s Architect’s and other design consultants’ development of the design of the Project, including issuing multiple design and bid packages. § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) LEED Silver and the City of Clearwater’s Greenprint 2.0 requirements attached hereto as Exhibit Q. § 1.1.6.1 Intentionally deleted. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) See Page 1 of this Agreement § 1.1.9 The persons or entities who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address and other contact information.) Tara Kivett, P.E. City of Clearwater, City Engineer (727) 444-8202 tara.kivett@myclearwater.com David Lutz, P.E. City of Clearwater, Traffic Engineering Manager (727) 562-4592 david.lutz@myclearwater.com Paul Chastant, Architect Broaddus & Associates, Inc. (803) 807-1174 pchastant@broaddususa.com Jason Rupe, CCM, LEED AP Broaddus & Associates, Inc. (330) 979-9513 jrupe@broaddususa.com § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: Not applicable. .2 Civil Engineer: Not applicable. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 5 .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or Program Manager.) Broaddus & Associates, Inc. (the "Owner’s Representative") 1301 South Capital of Texas Highway, Suite A-302 Austin, Texas 78746 § 1.1.11 The Architect’s representative: (List name, address, and other contact information.) See Page 1 of this Agreement. § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) See Page 1 of this Agreement. § 1.1.13 The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner-specific requirements to be included in the staffing plan.) See Section 3.1.9. § 1.1.14 The Owner’s requirements for subcontractor procurement for the performance of the Work: (List any Owner-specific requirements for subcontractor procurement.) See Section 3.1.11.3 and Article 9. § 1.1.15 Other Initial Information on which this Agreement is based: Exhibit P – City of Clearwater Technical Specification § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both Parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall discuss whether and to what extent adjustment of the Project schedule, the Construction Manager’s services, and/or the Construction Manager’s compensation may be appropriate. The Owner may adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The Construction Manager’s representative shall not be changed without ten (10) days’ prior notice to the Owner and Owner’s written approval of a successor representative. The Owner may from time to time change its designated representative with written notice to the Construction Manager. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, AIA Document A201™–2017, General Conditions of the Contract in the modified form as mutually agreed to by the Owner and the Construction Manager, attached hereto and incorporated herein as Exhibit C ("A201–2017"), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents incorporated by reference in and Exhibits to this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Parties’ execution of a Guaranteed Maximum Price Amendment ("GMP Amendment"), the Contract Documents will also include the documents described in Section 3.2.3 and identified in the GMP Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the Parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. The intent of the Contract Documents is to include all items necessary for the proper execution and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 6 completion of the Work by the Construction Manager. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Construction Manager shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement. The Construction Manager represents it has substantial experience in conceptual estimating, scheduling and construction means and methods and experience with work of similar scope, size and complexity as the Work of the Project. The Construction Manager covenants with the Owner to cooperate with the Architect and other consultants and contractors, and exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, at the times or times set forth in a schedule agreed to by the Owner in writing, or in the absence of such an agreed schedule, with reasonable promptness, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. The Construction Manager is an independent contractor, and not an agent or employee, of the Owner. Nothing herein shall be construed to make the Construction Manager the agent, servant, or employee of the Owner or create any partnership, joint venture, or other association. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, the A201™–2017 shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Sections 3.17 and 3.18, Indemnification; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term "Contractor" as used in A201–2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, which document is incorporated herein by reference. The term "Contractor" as used in A201–2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 7 § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. The Construction Manager shall consult with the Owner and the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, and periodically thereafter, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities; and identify items that affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; activity sequences and durations of components of the Work; milestone dates for receipt and approval of pertinent information; times of commencement and completion required of each Subcontractor; times of commencement and completion required of the Owner and of the Owner’s consultants, including the Architect, and Separate Contractors, ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, availability of labor and materials, provisions for temporary facilities, and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect’s review and the Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Owner, the Architect or the Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect’s review and the Owner’s review and approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. In addition to cost estimating services provided by the Architect and Construction Manager, the Owner’s Representative will verify all cost estimates during design and the development of the Guaranteed Maximum Price. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect’s review and the Owner’s approval. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 8 § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall furnish only skilled and properly trained staff for the Project. The key members of Construction Manager’s staff ("Key Personnel") shall be persons agreed upon by Owner and Construction Manager set forth in the Schedule of Key Personnel attached hereto as Exhibit E. Such Key Personnel shall not be changed without the written consent of the Owner, unless such person(s) become unable to perform any required duties due to death, disability or termination of employment with the Construction Manager. If the Key Personnel are no longer capable of performing in this capacity, Owner and Construction Manager shall agree on a mutually acceptable substitute. The Owner reserves the right to require the Construction Manager to change a member of the Key Personnel when the Owner reasonably deems such change to be in the Owner’s best interests and the Construction Manager shall promptly comply with the Owner’s request at no additional cost to the Owner. § 3.1.10 Intentionally deleted. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval. § 3.1.11.2 The Construction Manager shall develop bidders’ interest in the Project. As part of this process, the Construction Manager shall familiarize itself with the Owner’s process for the purchase of Direct Purchase Materials (defined below) and endeavor to obtain prospective Subcontractors’ and suppliers’ agreement with the Owner’s form of purchase order for Direct Purchase Materials. § 3.1.11.3 The processes described in Article 9 shall apply. § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect’s and Owner’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, including requirements of, and conditions of any approvals, or permits given by all public authorities, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities for inclusion in the Contract Documents (collectively, "Applicable Laws"). The Construction Manager is not responsible to ensure that the Drawings and Specifications conform to the requirements of Applicable Laws; provided, however, the Construction Manager shall promptly notify the Owner should it observe or learn of any noncompliance of the Drawings and Specifications with Applicable Laws. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc.) § 3.1.14.1 The Construction Manager shall assist the Owner and Architect in expediting the development of the final Drawings and Specifications by furnishing recommendations to the Owner and Architect for alternatives to construction means and methods of performing the Work as well as substitution of materials or equipment required for the Work. The purpose of value engineering is to assist in achieving all of the Owner’s objectives for the Project, including the schedule, the budget, functional performance and aesthetic goals. Factors that the Construction Manager shall consider in making such recommendations include site use, selection of building materials and systems, availability of labor, methods of DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 9 construction and other similar items benefiting from evaluation prior to the completion of the Drawings and Specifications. Particular attention shall be given to alternatives for materials, equipment and systems, possible economies and identification of options that will maximize the benefits that the Owner will derive from the completion of the Work. When requested by Owner, the Construction Manager: (1) prepare a specific analysis of the cost-effectiveness and performance capabilities of any building system or component under consideration or specified for the Work and provide other relevant information; and (2) make recommendations on field logistics and any other studies that are required to complete the Work successfully. The Construction Manager acknowledges that it will not rely on any value engineering proposals unless approved in writing by the Owner. The Owner is under no obligation to accept any pending or future value engineering proposal submitted by the Construction Manager. The Construction Manager may render opinions, advice and recommendations to the Owner and the Architect as value engineering to help reduce the overall Cost of the Work. By doing so, the Construction Manager has not assumed any of the duties or obligations of the Owner or Architect. The final decision as to the use of any value engineering opinions, advice or recommendations supplied by the Construction Manager is, and remains, the right and responsibility of the Owner and Architect, respectively. Except as may otherwise be expressly provided in the Contract Documents, the Construction Manager makes no guarantees or warranties regarding its value engineering opinions. § 3.1.14.2 At intervals appropriate to the progress of the Project and established by the Owner or Architect, the Construction Manager shall meet with the Owner and the Architect, and the Owner’s and the Architect’s other design consultants to coordinate the Contract Documents, including for the purpose of a construction feasibility and coordination analysis, identifying conflicts, missing information or gaps in the planned scope of Work and determining appropriate corrective action to ensure the full scope of intended Work is performed efficiently and economically. § 3.1.14.3 In performing its Preconstruction Phase services, including participating in design reviews and making value engineering suggestions, the Construction Manager shall not be deemed to have assumed any design responsibility of the Architect or of the Owner’s other design consultants. § 3.1.14.4 Without limitation of the Construction Manager’s other coordination responsibilities, the Construction Manager shall coordinate the Construction Manager’s services and work relating to the procurement and installation of furniture, fixtures and equipment, including IT equipment, with the Owner’s FF&E and IT planning departments, and shall coordinate relevant portions of the Construction Manager’s services and work with the City of Clearwater Police Department, Building and Maintenance, Utilities, and Public Works. § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s and Architect’s review, and the Owner’s acceptance. The "Guaranteed Maximum Price" or "GMP" in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section 6.1.2. The Construction Manager shall deliver to the Owner’s Project Manager complete copies of all Subcontractor and supplier bids obtained in accordance with Article 9 for the Owner’s review in conjunction with the Guaranteed Maximum Price proposal. § 3.2.1.1 The Owner may elect to issue a written authorization to proceed with certain segments of Work (each a "Project Segment") prior to full agreement on the final Guaranteed Maximum Price for the entire Work, in which event each such Project Segment shall be authorized by the Owner pursuant to a separate GMP Amendment (as defined herein). If the Owner so elects in writing, then the Construction Manager shall prepare a separate Guaranteed Maximum Price proposal specific to each Project Segment as requested by the Owner for the Owner’s and the Architect’s review and the Owner’s acceptance. Upon the Owner’s approval of the Construction Manager’s Guaranteed Maximum Price Proposal for a Project Segment, a separate GMP Amendment setting forth key terms of the Agreement applicable to the specific Project Segment shall be prepared. Subsequent GMP Amendments shall incorporate the amounts of the prior GMP Amendments until the final GMP Amendment is executed. The "Contract Documents" applicable to each Project Segment shall be those described in Section 2.1 and Article 15 of this Agreement, including the "GMP Amendment" specific to the Project Segment. Terms and provisions of the Contract Documents shall be deemed to refer and shall apply separately to a separate Project Segment if and to the extent (i) the terms are specified in a GMP Amendment as applying to a particular Project Segment, (ii) the provisions depend for their meaning or application on terms specified in a particular GMP Amendment, or (iii) the provisions, based on their language, are intended by the Parties to apply to a Project Segment separately. For the avoidance of doubt, it is not the Parties’ intent that the Project be divided into separate sub-Projects for each Project Segment with each such sub-Project having its own Guaranteed Maximum Price. Rather, it is the Parties’ DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 10 intent that the Guaranteed Maximum Prices from each Guaranteed Maximum Price Amendment be aggregated with the others, such that there is one overall Guaranteed Maximum Price for the entire Work for which GMP Amendments have been executed by the Parties. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, or material changes in systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order or Construction Change Directive. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following unless otherwise agreed by the Owner in writing: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A list of allowances and a statement of their basis; .4 A schedule of alternates and their prices, including the dates by which the alternates must be selected for the specified prices to remain available; .5 schedule of unit prices; .6 The initial construction schedule referenced in Section 3.3.2.2 below; .7 A statement of the proposed Guaranteed Maximum Price, to be prepared using each component of the MasterFormat (CSI) list approved by the Owner, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager’s contingency set forth in Section 3.2.4; the Construction Manager’s Fee; and any other items that are included in the Guaranteed Maximum Price, which shall be based on (a) competitive bids obtained in accordance with Article 9, and which shall be used to prepare a schedule of values to be attached as an exhibit to the GMP Amendment and made part of the Contract Documents if agreed by the Owner, as further provided in Section 3.2.10; .8 A schedule of General Conditions Costs (as defined and described in Section 6.1.7); .9 A logistics plan that, among other things, shows the proposed locations for the parking of the Contractor’s and its Subcontractors’ and suppliers’ and their respective personnel’s vehicles and the storage and staging of materials and equipment to be incorporated into, or used in connection with, the Work; .10 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based and the anticipated dated of Final Completion (as defined in Section 3.3.1.3); and .11 An updated list of Key Personnel for the Construction Phase of the Project. § 3.2.4 Contingency shall be included only as a single, separate line shown in both the statement of the proposed Guaranteed Maximum Price provided pursuant to preceding Section 3.2.3, and in the schedule of values provided in accordance with Sections 3.2.10 and 11.1.5, shall not exceed the amount agreed upon by the Owner and the Construction Manager set forth in the GMP Amendment. Such contingency shall be for the Construction Manager’s use to cover unforeseen costs considered reimbursable as the Cost of the Work, but that are not the basis of a Change Order, that result from: (a) errors by the Construction Manager in estimating time or money, (b) items omitted by the Construction Manager in the formulation of the Guaranteed Maximum Price, (c) costs to the extent the sum of the subcontract costs exceed the sum of the subcontract costs in the Guaranteed Maximum Price, (d) any matters with respect to which the costs thereof may, pursuant to the express provisions of the Contract Documents, be paid for out of the contingency; and (e) other events or circumstances not foreseen by the Construction Manager that are not otherwise accounted for in the GMP, if approved by the Owner’s Designated Representative in writing. Any use of the contingency shall require the prior written approval of the Owner’s Designated Representative, which shall not be unreasonably withheld. Notwithstanding anything herein to the contrary, contingency shall not be used for: (i) any losses or expenses for which the Construction Manager would have been indemnified or compensated by bonds or insurance required to be maintained by the Construction Manager or its Subcontractors, but for the failure of the Construction Manager to procure and maintain bonds or insurance in accordance with the requirements of the Contract, or the failure of the Construction Manager to comply with the requirements of any of Construction Manager’s or its Subcontractors’ sureties or insurance carriers providing coverage required by the Contract for the Project; (ii) costs which arise out of the Construction Manager’s intentional misconduct; (iii) costs which arise out of disputes with employees of the Construction Manager or any Subcontractor or Sub-subcontractor working on the Project or with any union representing such employees; (iv) costs not DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 11 otherwise subject to inclusion in a cost category of the Guaranteed Maximum Price; (v) liquidated damages; (vi) sums which are otherwise properly chargeable to the contingency to the extent (A) such sums are reasonably chargeable to a Subcontractor or other responsible person or entity, or (B) the Construction Manager failed to notify the Owner or its insurance carrier, if applicable, of the event which results in a coverage disclaimer from such carrier for improper or untimely notice. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both; provided, however, that nothing herein imposes any duty on the Owner to identify any such inconsistencies or inaccuracies or any responsibility for any failure to do so. § 3.2.6 The Construction Manager’s Guaranteed Maximum Price proposal shall constitute a "firm offer" by the Construction Manager and available for acceptance by the Owner for the period specified in the proposal but in any event not less than thirty (30) days after receipt by the Owner. If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Owner and Construction Manager shall execute a GMP Amendment the Owner and Construction Manager shall execute the GMP Amendment amending this Agreement, in substantially the form attached hereto as Exhibit A, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. However, for the avoidance of doubt, the Owner may, at its sole discretion and based upon its sole judgment, (a) indicate its acceptance of the Construction Manager’s Guaranteed Maximum Price proposal; (b) reject the Construction Manager’s Guaranteed Maximum Price proposal; (c) terminate the Project; or (d) obtain bids from other contractors and proceed to construct the Project using a party or parties other than the Construction Manager. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the GMP Amendment and commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the GMP Amendment. The Owner shall direct the Architect to promptly furnish such revised Contract Documents to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the GMP Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the GMP Amendment is executed. § 3.2.10 The Construction Manager shall prepare a schedule of values consistent with its statement of the proposed Guaranteed Maximum Price pursuant to Section 3.2.3.7 for the Owner’s and Architect’s approval. It is the Owner’s intent that the proposed Guaranteed Maximum Price be based, to the extent reasonably practicable, on hard bids, such that subcontracts and supply agreements will be bought at the bid amounts on which the Guaranteed Maximum Price is based. However, if thereafter there remain subcontracts or supply agreements to be "bought out", as the Construction Manager finalizes agreements with Subcontractors and suppliers, all "buy-out" savings (i.e. difference between amounts shown in the schedule of values attached to the GMP Amendment for an item of Work, services, materials or equipment and the amount for which the Construction Manager obtains a binding commitment from a Subcontractor or supplier to supply or furnish such item) ("Buy-Out Savings") shall be carried as a separate line item in the schedule of values. Once the final Buy-Out Savings amount is determined, a Change Order shall be prepared that transfers such Buy-Out Savings to the Construction Manager’s contingency line item in the schedule of values described in (and to be managed in accordance with) Section 3.2.4. The Construction Manager shall continuously track Buy-Out Savings and provide an interim reconciliation of such Buy-Out Savings in or with the Construction Manager’s monthly Applications for Payment. References hereto to "Schedule of Values" mean the most recent version approved by the Owner. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 12 § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201–2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the latest to occur of: (a) the Owner’s execution of the GMP Amendment; (b) the date specified in the Owner’s written Notice to Proceed; or (c) the issuance of the requisite permit(s) by the applicable governmental authority necessary to commence the Work of the Project. The Construction Manager shall proceed diligently in applying for and expediting issuance of the requisite permit(s). § 3.3.1.3 The Construction Manager shall achieve Substantial Completion (as defined in Section 9.8 of the A201-2017) of the entire Work within the time period or by the date specified in the GMP Amendment (the "Contract Time"). The Construction Manager shall achieve Final Completion within forty-five (45) days after the Construction Manager achieves Substantial Completion (the "Final Completion Date"). The term "Final Completion" as used herein shall mean the date on which the Architect has certified that the Construction Manager has fully completed all of the Work of the Project, including all Punch List items, and all conditions precedent to final payment have been satisfied (other than Owner’s auditor’s final report). Time is of the essence in the performance of the Construction Manager’s obligations under the Contract. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 The Construction Manager shall submit with the Guaranteed Maximum Price proposal a construction schedule for the Work, including the Owner’s occupancy requirements, activity sequences and durations of components of the Work; milestone dates for receipt and approval of pertinent information, using the critical path method and otherwise in a format acceptable to the Owner for the Owner’s and the Architect’s review and the Owner’s approval and, upon the execution of the GMP Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a submittal schedule in accordance with Section 3.10.2 of A201–2017. The approved construction schedule shall be updated in accordance with Section 3.10 of the A201-2017. § 3.3.2.2.1 The Construction Manager shall include in its original construction schedule and updates thereto a "phasing plan", which phasing plan shall account for the needs of the Owner’s operations at any existing buildings or facilities located and operating at the Project site ("Existing Facilities"). The Construction Manager shall perform and coordinate its work in such a manner as to avoid interference with the operations of Existing Facilities, including equipment and employee areas of and access to Existing Facilities (including access by emergency vehicles, delivery trucks and other vehicles) and provide for the safety of the Existing Facilities’ staff and visitors. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The monthly reports shall be submitted with each Application for Payment and shall include a detailed breakdown of the status and use of the contingency as provided in Section 3.2.4. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner or the Architect. § 3.3.2.5 Cost Control The Construction Manager shall develop and implement a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 13 and Architect, and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER’S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide, with reasonable promptness, information reasonably requested by Construction Manager and under Owner’s control regarding requirements for and limitations on the Project, including a written program, if any, which shall set forth the Owner’s objectives, constraints, and criteria, schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and may periodically update the Owner’s budget for the Project, which may include, as the Owner deems appropriate, (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and, if required by the Owner, the Architect, in consultation with the Construction Manager, shall thereafter discuss whether a corresponding change in the Project’s scope and quality is necessary or appropriate. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work and shall promptly notify the Owner in writing should it identify any inaccuracy in the information or services furnished by the Owner. § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required of the Owner by law and as otherwise agreed to by the Parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade. All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner, when such services are reasonably requested, shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information. § 4.1.6 Intentionally deleted. § 4.1.7 Direct Purchase Materials. The Construction Manager acknowledges and agrees that the Owner may elect to directly purchase certain materials from vendors and provide the same to the Construction Manager for the Construction Manager’s incorporation into the Project. The Owner’s election in this regard may be the result of certain tax advantages DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 14 (including sales tax exemptions afforded by Section 212.08(6), Florida Statutes) or for the purpose of other discounts or deductions, including those in kind. Before placing orders for material and equipment that are anticipated, in good faith to exceed the pre-tax purchase price of $5,000 (including categories of items for which the ultimate aggregate purchase price is expected to exceed $5,000) the Construction Manager shall inform the Owner in writing of the various sources from which the materials or equipment may be purchased and the purchase price thereof and afford the Owner ten (10) business days after the Owner receives such written information, within which to issue a direct purchase order to the Owner’s vendor of choice for the item or items to be purchased at the Owner’s election (such materials and equipment that the Owner elects, in its sole discretion, to procure directly from vendors referred to herein as "Direct Purchase Materials"). The following provisions shall apply to such Direct Purchase Materials: (a) the Construction Manager shall prepare and provide to the Owner a purchase order in the form attached hereto as Exhibit G containing the name and address of the material supplier, a list of required items, the quantity needed, the price of the materials, and other information called for by Exhibit G or otherwise reasonably required by the Owner; (b) the Owner shall issue a purchase order directly to the material supplier for such materials; (c) the Owner shall issue its exemption certificate; (d) the materials shall be delivered to the Owner at the Project site and title to the materials shall be transferred directly from the material supplier to the Owner; (e) the Construction Manager shall be responsible for all matters relating to the receipt of the materials, including verifying correct quantities, inspection and acceptance of the materials at the time of delivery; (f) the Owner shall be billed directly by the material supplier; (g) the Owner shall pay the material supplier directly; and (h) the Owner shall bear all risk of loss or damage to the materials from the time of purchase and prior to their installation into the Project. Title to the materials purchased directly by the Owner shall vest in the Owner at the time the materials are delivered to the Project site. The Guaranteed Maximum Price shall, by Change Order or Construction Change Directive, be reduced by the cost of such Direct Purchase Materials, including sales tax thereon; provided, however, the cost of such Direct Purchase Materials shall be considered a Cost of the Work for purposes of the calculation of the Construction Manager’s Fee. For the avoidance of doubt, the Construction Manager shall be entitled to Construction Manager’s Fee on the cost of Direct Purchase Materials but not on the tax saved. To the extent permitted by Applicable Laws, the Construction Manager shall be responsible for coordinating and receiving delivery of, inspecting, accepting delivery of, handling, safeguarding, and installing Direct Purchase Materials to the same extent as if the Construction Manager itself had procured such Direct Purchase Materials. The Construction Manager shall cooperate with the Owner and shall assist the Owner with any other processes necessary for the Owner to take full advantage of any available tax advantages, discounts or deductions associated with the purchase of materials. § 4.2 Owner’s Designated Representative The Owner shall identify one or more representatives authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Notwithstanding anything in the Contract Documents to the contrary, for any decision, approval or consent of the Owner to be binding against the Owner it must be in writing and signed by the Owner’s representative and for any Modification that changes the Contract Sum or Contract Time. Except as otherwise provided in Section 4.2.1 of A201–2017, the Architect does not have the authority to make a decision, approval or consent that is binding against the Owner. The term "Owner" means the Owner or the Owner’s authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish or cause to be furnished all legal, insurance and accounting services, including auditing services, that the Owner may determine to be reasonably necessary at any time for the Project to meet the Owner’s needs and interests, other than services required of the Construction Manager by other provisions of the Contract Documents. § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in the Owner’s agreement with the Architect. The Owner, upon the Construction Manager’s request, shall provide the Construction Manager a copy of the scope of services from the executed agreement between the Owner and the Architect, and any further modifications to the Architect’s scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager’s Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 15 A lump-sum fee of Two Hundred Fifty-Nine Thousand Three Hundred Sixty Dollars ($259,360.00) for the City Hall, excluding a Ten Thousand Dollar ($10,000.00) allowance for utility locates, GPR, and exploratory, as set forth on Exhibit R, a lump-sum fee of One Hundred Ten Thousand Six Hundred Five Dollars ($110,605.00) for the MSB as set forth on Exhibit S. § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Individual or Position Rate Not applicable. § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the Parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement for the City Hall have not been completed within ten ( 10 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. If the Preconstruction Phase services covered by this Agreement for the MSB have not been completed within seven ( 7 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payment due for the Construction Manager’s Preconstruction Phase services shall be made within twenty (20) business days after receipt of an Owner-approved invoice accompanied by all required or reasonably requested supporting information. The Construction Manager will submit invoices to the Owner for the fees earned and for reasonable out-of-pocket expenses necessarily incurred in providing the Preconstruction Phase services, during the month covered by the invoice. All such invoices shall include: (a) for fees calculated on the basis of hourly rates, time sheets or other evidence reasonably acceptable to the Owner evidencing the hours spent in performing the relevant services, (b) an itemized statement of expenses incurred for such period with appropriate substantiation (such as copies of paid invoices), and (c) such other information as the Owner shall reasonably require to enable the Owner to verify, evaluate and approve the services completed, the fees earned and expenses incurred. § 5.2.2 (Paragraphs deleted) Amounts not paid when due shall accrue interest at the minimum rate promulgated or mandated, as applicable, by Applicable Law. § 5.3 Prior Work To the extent the Construction Manager has performed work or services for the Project before execution of this Agreement, all rights and liabilities of the Parties for performance of the prior work and services are merged and included within and shall be governed by the terms and conditions of this Agreement. No compensation is due the Construction Manager for any such work or services other than as set forth in this Agreement, notwithstanding anything in the Contract Documents to the contrary. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager’s performance of the Contract after execution of the GMP Amendment, subject to the Guaranteed Maximum Price specified in the GMP Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager’s Fee. § 6.1.2 The Construction Manager’s Fee (which Fee is inclusive of the Construction Manager’s overhead and profit): DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 16 (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) Three and 85/100 percent (3.85%) of the Cost of the Work (as defined in Article 7 of this Agreement), subject to the exclusions therefrom in calculating the Construction Manager’s Fee as provided for herein, which shall be converted to a lump-sum amount in each GMP Amendment. § 6.1.3 The method of adjustment of the Construction Manager’s Fee for changes in the Work: For changes in the Work, Construction Manager’s Fee shall be three and 85/100 percent (3.85%) of the net change in the Cost of the Work for the changed Work. § 6.1.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: For Change Order Work or Construction Change Directives as to which unit pricing in accordance with the Agreement is not the agreed upon pricing method, the maximum amounts payable for fees (including overhead, profit, and the like) are as follows: .1 For each Subcontractor, for Work performed by that Subcontractor’s own forces, five percent (5%) of the cost of the Work for the changed Work for overhead plus profit equal to five percent (5%) of the cost of the Work for the changed Work shall be paid to the Subcontractor. .2 For each Subcontractor, for Work performed by that Subcontractor’s Sub-subcontractor, no overhead charges, but a five percent (5%) profit on the amount due the Sub-subcontractor shall be paid the Subcontractor. .3 For each Sub-subcontractor, for Work performed by that Sub-subcontractor’s own forces, five percent (5%) of the cost of the Work for the changed Work plus a profit equal to five percent (5%) of the cost of the Work for the changed Work shall be paid to the Sub-subcontractor. .4 No further tiering of Sub-subcontractors will be allowed mark up for overhead or profit (fees). The combined aggregate mark-up payable to all Subcontractors of any tier collectively shall not exceed to fifteen percent (15%) of the cost of the Work for the changed Work. § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed one hundred percent ( 100 %) of the standard rental rate paid at the place of the Project, which rate shall be substantiated by the Construction Manager to the Owner’s reasonable satisfaction. In no event, shall the total rental cost of any Construction Manager-owned item exceed seventy-five percent (75%) of the purchase price of such item when new. § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) § 6.1.6.1 The Construction Manager acknowledges and agrees that the Owner will suffer damages if the Construction Manager does not achieve Substantial Completion of the entire Work within the Contract Time. The specific damages for delay in timely achieving Substantial Completion of the Work within the Contract Time are difficult to determine at this time but the Parties agree that the liquidated damages for delayed Substantial Completion specified in this Section 6.1.6.1 represent a reasonable estimate of the damages the Owner will incur for each day of delay beyond the Contract Time and bear a reasonable relationship to the Owner’s risk of loss. Accordingly, as liquidated damages, and not as a penalty, the Construction Manager shall pay to the Owner liquidated damages in the daily amount specified in this Section 6.1.6.1 for each day of delay in achieving Substantial Completion of the Work beyond the Contract Time. The daily amount of liquidated damages for each day of delay in achieving Substantial Completion of the entire Work shall be One Thousand Dollars ($1,000.00) per day for each day of delay in achieving Substantial Completion of the entire Work; provided, however, a thirty-day (30-day) grace period will be allowed such that should the Construction Manager achieve Substantial Completion within the thirty-day (30-day) grace period, no liquidated damages shall be payable pursuant to this Section 6.1.6.1; provided, further, however, if the Construction Manager fails to achieve Substantial Completion within such thirty (30) day grace period, then the Construction Manager shall be liable for the liquidated damages that accrued during such thirty (30) day grace period (in addition to those that accrue thereafter). § 6.1.6.2 Intentionally deleted. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 17 § 6.1.6.3 The Owner may deduct liquidated damages prescribed herein from any unpaid amounts then or thereafter due the Construction Manager under the Contract Documents. Any liquidated damages not so deducted shall be payable to the Owner by the Construction Manager upon demand by the Owner plus interest from the date of demand at the legal rate prevailing from time to time at the place where the Project is located. It is further mutually understood and agreed that the Owner’s assessment of liquidated damages for delays is intended to compensate the Owner solely for the Construction Manager’s failure to timely achieve Substantial Completion of the Work and shall not release the Construction Manager from liability from any other breach of the requirements of the Contract Documents. If the Contractor challenges the enforceability of the liquidated damages set forth in the Contract, and the liquidated damages set forth in the Contract are determined by a court of competent jurisdiction to be unenforceable, then the Owner instead shall be entitled to recover those actual delay damages that it sustained as a result of the Construction Manager’s delay in achieving Substantial Completion. The Owner’s right to liquidated damages hereunder is self-executing and no Claim by the Owner is required as a condition precedent to the Owner’s right to offset liquidated damages from amounts otherwise due the Construction Manager or to otherwise pursue recovery of liquidated damages. However, the Owner shall deliver notice to the Construction Manager at least five (5) days prior to offsetting liquidated damages from amounts otherwise due the Construction Manager. If the Construction Manager disputes any liquidated damages to which the Owner asserts it is entitled, the Construction Manager may make a Claim in accordance with the terms of the A201-2017. § 6.1.7 Other: § 6.1.7.1 The Construction Manager’s "general conditions costs" and "general requirements costs" (collectively, "General Conditions Costs"), which are included in the Cost of the Work, shall be a lump sum, which lump sum amount shall be drawn in equal monthly installments over the duration of the Project. The General Conditions Costs shall be subdivided into General Conditions that are based on a time component ("Timed General Conditions Costs") and General Conditions Costs that are a single flat-rate change ("Flat Rate General Conditions Costs"). A schedule of the items included in the General Conditions Costs is attached hereto as Exhibit F. § 6.1.7.2 For Change Order or Construction Change Directive Work there shall be no increase in the Construction Manager’s General Conditions Costs unless Change Orders and Construction Change Directives have resulted in an extension of the Contract Time. In the event that Construction Manager is entitled to an increase in the General Conditions Costs, the increase shall be calculated using the approved costs or rates for Timed General Conditions Costs set forth in the GMP Amendment, which per diem amount shall be calculated by dividing the Contract Time applicable to such GMP Amendment by the Timed General Conditions Costs for such GMP Amendment (the "Per Diem Timed General Conditions Costs"). § 6.1.7.3 There shall be no reduction in the Construction Manager’s General Conditions Costs for changes to the Work, unless there is a reduction in the Contract Time or decrease in the Work requiring reduced supervision. In the event of a change to the Work resulting in a reduction in the Contract Time, the General Conditions Costs shall be reduced by the Per Diem Timed General Conditions Costs for each day by which the Contract Time is reduced. § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the GMP Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. On the other hand, to the extent the final Contract Sum (i.e. the Cost of the Work plus the Construction Manager’s Fee) is less than the Guaranteed Maximum Price for the Project (as it may have been adjusted in accordance with the terms of the Contract Documents), the Construction Manager shall not be entitled to any additional payment on account of such difference. § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Construction Manager may be entitled to an adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201–2017, General Conditions of the Contract for Construction. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 18 § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the GMP Amendment may be determined by any of the methods listed in Section 7.3.3 of A201–2017. § 6.3.3 In calculating adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201–2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this Agreement, subject to Sections 6.1, 6.2, and 7.1 through 7.9, and Article 8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts, subject to the provisions of Section 6.1.4 above. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of the A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Construction Manager’s Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 Intentionally deleted. § 6.3.6 Notwithstanding anything in the Contract Documents to the contrary, no Modification to the Contract, including a change to the GMP and/or Contract Time, shall be valid and binding as against the Owner unless signed by the Owner’s representative and City Manager or City Counsel, respectively, and should the Construction Manager perform work for which it believes an increase in the Guaranteed Maximum Price is required without such a signed Modification, it shall be deemed to have waived any entitlement to an extension of the Contract Time and an increase in the Guaranteed Maximum Price as a result thereof. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work, less all discounts and rebates that shall be taken by the Construction Manager, subject to Article 8 of this Agreement. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. Items of Work not included in Sections 7.1 through 7.7 are compensable only as part of Construction Manager’s Fee and are otherwise not reimbursable. Certain of the costs itemized in Sections 7.1 through 7.7 are or may be included in General Conditions Costs, whether or not specifically noted as such, and in no event shall the Construction Manager charge for or recover costs included in General Conditions Costs separately in an Application for Payment in addition to General Conditions Costs (i.e. there shall be no duplication of such costs). § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior approval of the Owner. § 7.1.4 All per diem and travel expenses to be reimbursed as part of the Cost of the Work, if any, shall be subject to the legal requirements and limitations imposed upon the Owner by Florida Statutes § 112.061, as amended, and the Owner’s internal policies with respect to travel reimbursement in place from time to time. All such expenses and request for reimbursement therefor are subject to, to the extent applicable, Florida Statutes § 112.061, as amended. The Owner shall not be responsible for paying for, or reimbursing, expenses incurred or billed contrary to such Vendor Guidelines or Applicable Laws. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops. § 7.2.2 General Conditions Costs as described in Exhibit F. (Paragraphs deleted) § 7.2.3 Intentionally deleted. § 7.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for employees not covered by such agreements, customary DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 19 benefits such as sick leave, medical and health benefits, holidays, vacations and pensions (collectively, "Labor Burden"), provided Labor Burden is based on wages and salaries included in the Cost of the Work under Section 7.2.1. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates are all-inclusive and shall remain unchanged throughout the duration of this Agreement, unless the Parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement including subcontractor bond costs for all subcontracts in excess of Forty Thousand Dollars ($40,000.00). § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Except for Direct Purchase Materials, unused excess materials, if any, shall become the Owner’s property at the completion of the Work and the Construction Manager shall deliver such materials to the Owner as a Cost of the Work or, at the Owner’s option, such materials shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, tools and equipment required for the Work and not included in subcontracts that are provided by the Construction Manager at the Project site. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject to the Owner’s prior approval and shall not exceed rates determined as provided in Section 6.1.5. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Intentionally deleted. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required of the Construction Manager by the Contract Documents that can be directly attributed to this Contract at the following rates: (a) The cost of other insurance required of the Construction Manager at the rate of one and five one-hundredths percent (1.05%) of the Cost of the Work; and, (b) Bond costs based on the Contract Value not including reductions for Direct Purchase Materials and sales tax savings, which bond costs the Construction Manager represents to the Owner are the Construction Manager’s actual out-of-pocket bond premium costs. Notwithstanding anything to the contrary, bond costs shall be subject to verification and audit. All of the percentages set forth in this Section 7.6.1 shall apply to all scope changes that are the subject of a duly executed Change Order or Construction Change Directive. Insurance costs and bond premiums shall not be considered a Cost of the Work for purposes of calculating the Construction Manager’s Fee. § 7.6.1.1 Intentionally deleted. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 20 § 7.6.1.2 Intentionally deleted. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority on materials or equipment incorporated into the Work and for which the Construction Manager is liable. § 7.6.3 Intentionally deleted. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.4.3 of A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner’s consent, unless the Construction Manager had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201–2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner’s prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the fault or negligence of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, or the Construction Manager’s failure to fulfill a responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Construction Manager relating to the Drawings and Specifications, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld. § 7.6.10 Subject to Owner’s prior approval, expenses incurred in accordance with the Construction Manager’s standard written personnel policy for relocation and temporary living allowances of the Construction Manager’s personnel required for the Work who are identified in the GMP Amendment, provided that all per diem and travel expenses are subject to the legal requirements and limitations and the Owner’s internal policies, including the Vendor Guidelines, addressed in preceding Section 7.1.4. § 7.6.11 Intentionally deleted. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs necessarily incurred in the performance of the Work, with the Owner’s prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of A201–2017. § 7.7.3 Costs of repairing damaged Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damage was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager or anyone for whom the Construction Manager is responsible and only to the extent that (i) the Construction Manager maintains all required and insurance coverages and bonds, and (ii) the cost of repair is not recoverable by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 21 § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201–2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; (3) any person or entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who owns any interest in, or has the right to control the business or affairs of, the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner in writing of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal office and in other offices, including the site office, except to the extent included in the Construction Manager’s General Conditions Costs; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor; .3 Expenses of the Construction Manager’s principal office and other offices, including the site office, except to the extent included in and reimbursable as part of the Construction Manager’s General Conditions Costs; .4 Overhead and general expenses, including the Contractor’s information technology costs; .5 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work; .6 Costs due to the negligence or fault of, or failure to fulfill a specific responsibility of the Contract or Applicable Laws by, the Construction Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs, other than costs included in duly-executed Change Orders or Construction Change Directives approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 The intent of the Parties is that all Work, materials, equipment and services be obtained at competitive prices. Unless otherwise authorized by the Owner in writing, the Construction Manager shall obtain at least three (3) bids from qualified bidders on all of the Work (unless the Construction Manager provides to the Owner reasonable evidence that it was not able to obtain three (3) bids), including on any Work that Construction Manager desires to self-perform. The DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 22 Construction Manager shall prepare and submit its own bids on any Work it intends to self-perform. Those portions of the Work that the Construction Manager does not self-perform with the Construction Manager’s own personnel shall be performed under written subcontracts or other appropriate written agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids, provided that no recommendation or approval of a bidder by the Owner shall be deemed to make the Owner responsible for such bidder’s performance. The Construction Manager may obtain bids from other qualified bidders in addition to any bidders recommended by the Owner. The Construction Manager shall prepare bids for Work it intends to self-perform and shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver to the Architect and Owner all such bids (without redaction), a bid recap table, and copies of the bid solicitation materials that the Construction Manager provided to the bidders, with an indication as to which bids the Construction Manager recommends accepting. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. Any advice of the Architect, or determination by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. The Construction Manager shall deliver copies of all signed subcontracts and purchase orders with Subcontractors and suppliers to the Owner promptly after the full execution thereof. § 9.1.1 If the Guaranteed Maximum Price has been established, and a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records for a period of five (5) years after final payment, or for such longer period as may be required by Applicable Laws. Furthermore, Construction Manager shall cooperate with the reasonable requests from the Owner’s auditors for documentation and other information related to the Project. Notwithstanding the foregoing, the calculations of the rates or amounts, as applicable, agreed to herein for the Construction Manager’s General Conditions Costs shall not be subject to audit, except to confirm that the required services or items were provided and that such agreed rates were correctly applied and charged. In the event any such audit discloses that the Owner has overpaid the Construction Manager, the Construction Manager shall refund the amount of such overpayment to the Owner. Additionally, in the event any audit reveals one or more overcharges exceeding Seventy-Five Thousand Dollars ($75,000) in the aggregate, the Construction Manager shall promptly reimburse the Owner for the reasonable cost of such audit capped at Forty-Five Thousand Dollars ($45,000). In no event shall any audit increase the amount of the Guaranteed Maximum Price. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon properly completed Applications for Payment, together with all required supporting documentation and information required by the Contract Documents, submitted to the Owner and the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 23 § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 11.1.3 Provided that a properly-completed Application for Payment, together with all required supporting documentation and information required by the Contract Documents, is received by the Owner and the Architect, the Owner shall make payment of the amount certified to the Construction Manager not later than twenty-five ( 25 ) business days after the Owner’s and the Architect’s receipt of such properly-completed Application for Payment, together with all such required supporting documentation and information required by the Contract Documents. (Federal, state or local laws may require payment within a certain period of time.) § 11.1.3.1 The Construction Manager shall submit to the Owner before its first Application for Payment, all evidence of insurance required by the Contract Documents (in accordance with the requirements of Exhibit B), a listing of all Subcontractors (awarded at that time), a schedule of values (with any proposed revisions to the previously-approved Schedule of Values as described in Sections 3.2.10 and 11.1.5). If an Applicable for Payment includes a request for payment for Work that is to be completed within thirty (30) days after the date of the Application for Payment, the Construction Manager shall provide the Owner with reasonably satisfactory evidence that the subcontracts for such Work are in place or bid out. § 11.1.3.1.1 Each Application for Payment shall constitute a certification and representation by the Construction Manager to the best of its knowledge to the Owner that: (i) the construction has progressed to the point indicated; (ii) the quality of the Work covered by the Application is in accordance with the Contract Documents; (iii) there are no liens or claims outstanding or known to exist at the date of the Application; (iv) all due and payable bills with respect to the Work have been paid to date or included in the amount requested in the current Application, and there is no known basis for the filing of any construction liens or claims or any other lien or claim on the Work; (v) the Construction Manager is entitled to payment in the amount requested; (vi) such Application represents a just estimate of cost reimbursable to Construction Manager under the terms of the Contract Documents, and (vii) such Application has not been front-end-loaded either by Construction Manager or, to the best knowledge of the Construction Manager, by any of its Subcontractors (including placing a value on a line item that is in excess of its cost, increasing unit prices on early completed items while decreasing unit prices on later completed ones, and/or inflating the percentage of completion on line items). § 11.1.3.1.2 Intentionally deleted. § 11.1.3.2 Each Application for Payment shall be notarized and provided in the form of AIA Documents G702GMP-2021 and G703CW-2021, or other form the Owner may approve, and shall be itemized by operations completed in accordance with the Schedule of Values that has been submitted by the Construction Manager in accordance with the Contract Documents and approved in writing by the Owner and Architect. All blanks and columns on the forms must be filled in, including every percentage completed figure. § 11.1.3.3 In addition to other required items, each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner and the Architect and in compliance with Applicable Laws: .1 A duly executed and notarized unconditional partial release of lien and bond claims from the Construction Manager effective through the last date the Owner has paid the Construction Manager; .2 A duly executed and notarized partial release of lien and bond claims from the Construction Manager effective through the date of the Construction Manager’s current Application for Payment (which may be conditioned upon receipt of payment of the amount specified in the partial release of lien and bond claims); .3 An updated list of Subcontractors and suppliers in privity with the Construction Manager; .4 An updated schedule of values (including detailed breakdown of contingency usage), buy-out log and cash flow projections; .5 All new Change Orders executed since the last progress payment and the Change Order Log, including a list of any Change Orders contemplated or under negotiation at the date of such payment request; .6 Copy of monthly progress report (if not previously delivered); .7 An updated construction schedule, including Primavera P6 backup files (.xer format) and PDF files; .8 If reasonably requested by the Owner, a consent to payment from the surety issuing the Performance Bond and Labor and Material Payment Bond; DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 24 .9 For the final site Work draw, (a) all as-built drawings and an as-built survey for the site Work, prepared in accordance with ALTA-ACSM standards by a properly licensed surveyor showing the location of all site Work improvements constructed on the Project site and showing the location of all water, sewer, gas and electric lines and mains and all existing utility easements as may be more particularly described in the site plan set for the Project, and (B) copies of all soil reports, compaction reports and tests performed by or obtained by the Construction Manager with respect to the Project site; and .10 Such other information, documentation, and materials as the Owner or the Architect may reasonably require. § 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager’s Fee. § 11.1.5 Each Application for Payment shall be based on the most recent Schedule of Values. The Schedule of Values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager’s Fee, contingency, and allowances shall be shown as single separate line items (and, for the avoidance of doubt, all unused allowance amounts shall accrue to the benefit of the Owner). Each item shall show its total scheduled value, value of previous Applications, value of the Application, percentage completed, value completed and value remaining to be completed. Values for materials and equipment stored offsite shall be shown in a separate column. § 11.1.5.1 The Schedule of Values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner or the Architect may require. The Schedule of Values last approved by the Owner shall be used as a basis for reviewing the Construction Manager’s Applications for Payment. If the Schedule of Values is unbalanced, the Construction Manager will, after review and agreement with the Owner, adjust the Schedule of Values accordingly. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 The Construction Manager shall submit to the Owner monthly requests, if any, for use of the contingency, specifying the amount of contingency the Construction Manager requests to use and the justification for such use. No sums may be charged to the contingency except with prior written approval of the Owner, which will not be unreasonably withheld. All unspent contingency shall accrue to the benefit of the Owner and at Final Completion of the Work the Guaranteed Maximum Price shall be reduced by Change Order by the amount of the unspent contingency. The Construction Manager shall reconcile the contingency in the schedule of values monthly. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the Schedule of Values. § 11.1.7 In accordance with AIA Document A201–2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the Schedule of Values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives reasonably justified, as provided in Section 7.3.9 of A201–2017; and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 25 .4 The Construction Manager’s Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Owner may withhold payment, or the Architect may withhold or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of the A201–2017, and any other amounts properly withheld by the Owner; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Sections 11.1.3.3 and 11.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Five percent (5%). § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) General Conditions Costs and bond and insurance premiums. § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification.) Not applicable. § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) The Owner may continue withholding as retainage, through Final Completion of the entire work and satisfaction of all conditions precedent to final payment, (a) an amount equal to one hundred fifty percent (150%) of the cost to correct and complete the Work, including items on the Punch List per Section 9.8.4 of the A201-2017, as determined by the Owner, and (b) other amounts the Owner is entitled to withhold. § 11.1.9 Intentionally deleted. § 11.1.10 Except with the Owner’s prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 26 § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors. The percentage of retainage held on subcontracts shall be the same percentage as withheld from the Construction Manager, unless otherwise agreed to by the Owner and the Construction Manager in writing. The Construction Manager shall execute subcontracts in accordance with the foregoing. Upon mutual written agreement between the Owner and Construction Manager and before Substantial Completion of the entire Work, reduction of retainage or payment in full, including release of applicable retainage, may be made to the Construction Manager for a particular Subcontractor’s Work that is fully and satisfactorily completed, provided that such Subcontractor and the Construction Manager have complied with all applicable requirements for final payment thereof in accordance with the Contract Documents, provided that, in no event, shall retainage withheld by the Owner from the Construction Manager on the remaining Work be reduced below the levels specified in Section 11.1.8.1. Any reduction or release of retainage, or portion thereof, however, shall not be a waiver of (i) any of the Owner’s rights to retainage in connection with other payments to the Construction Manager or (ii) any other right or remedy the Owner has under the Contract Documents, at law or in equity. § 11.1.12 In taking action on the Construction Manager’s Applications for Payment the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be deemed to be a representation that (1) the Owner or the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Owner or the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager after: .1 the Construction Manager has fully performed the Contract, including all punch list items, except for the Construction Manager’s responsibility to correct Work as provided in Article 12 of the A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment and the Owner’s auditors report has been completed and delivered in accordance with Section 11.2.2.1 below; .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. .4 the Construction Manager has delivered to the Owner final, fully consolidated, accurate and legible As-Built Drawings and Record Documents and the As-Built Survey (each as defined in Section 3.11 of the A201 – 2017) in format specified by the Owner; .5 the Construction Manager has delivered to the Owner a complete list of Subcontractors and principal suppliers on the Project, including addresses and telephone numbers; .6 a permanent Certificate of Occupancy or Temporary Certificate of Occupancy has been issued for the Project by the applicable building authority and the Construction Manager has delivered to the Owner evidence reasonably acceptable to the Owner that the Work has passed all requisite governmental inspections; .7 the Construction Manager has delivered to the Owner all operation and maintenance manuals, permits, and certificates of completion or occupancy, as applicable, material data sheets and third-party warranty documents applicable to the Work; .8 the Construction Manager has delivered to the Owner a properly completed and duly executed and notarized Final Payment Affidavit in statutory form; .9 Intentionally deleted; .10 the Construction Manager has completed its final site cleanup and restoration, including removal of all excess materials, rock, sand, paving and miscellaneous debris, supplies, equipment and trailers; .11 all temporary utilities (if any) are disconnected; .12 the Construction Manager has delivered to the Owner evidence that all training, testing balancing and HVAC commissioning (if applicable) has been completed in accordance with the Contract Documents; .13 the Construction Manager has delivered to the Owner any and all other items required by the Contract Documents, including those items specified in Section 9.10.2 of A201-2017; .14 the Construction Manager has delivered to the Owner the consent to final payment from the surety issuing the Performance Bond and Labor and Material Payment Bond; and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 27 .15 the Construction Manager has delivered to the Owner such other information, documentation, and materials as the Owner or the Architect may reasonably require. § 11.2.2 Within thirty (30) days of the Owner’s receipt of the Construction Manager’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner elects to conduct an audit of the Cost of the Work, the Owner shall complete such audit within thirty (30) days of its receipt of the Contractor’s final accounting and, within ten (10) days after completion of the audit, shall submit a written report based upon the auditors’ findings to the Architect. § 11.2.2.2 Within seven (7) days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Article 9 of the A201–2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of the A201–2017. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 11.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Construction Manager’s final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Construction Manager within thirty (30) days after the Construction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this thirty- (30-) day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner, subject to the satisfaction of all other conditions precedent to payment, shall pay the Construction Manager the amount certified in the Architect’s final Certificate for Payment up to the amount substantiated in the Owner’s auditor’s report as being due and unpaid. § 11.2.3 The Owner’s final payment to the Construction Manager shall be made no later than twenty-five (25) days after receipt of the final Certificate for Payment and the completion or satisfaction of all other conditions precedent to final payment specified in this Section 11.2. § 11.2.4 If, subsequent to final payment, and at the Owner’s request, the Construction Manager incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct damaged Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager’s Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3 Interest (Paragraphs deleted) Amounts not paid when due shall accrue interest at the minimum rate promulgated or mandated, as applicable, by Applicable Laws. ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and in Article 15 of A201–2017. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of A201–2017 for Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the Parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) The Owner’s Representative, as identified in Section 1.1.10 above. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 28 § 12.2 Binding Dispute Resolution It is the intent of the Parties to attempt to resolve any disputes between in an amicable and voluntary matter and avoid the time and expense of formal dispute resolution proceedings. For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ]Arbitration pursuant to Article 15 of AIA Document A201–2017 [ X ]Litigation in a court of competent jurisdiction. In that connection, each of the Parties hereto hereby: (a) irrevocably and unconditionally consents to submit itself to the sole and exclusive personal jurisdiction of the federal or state court located in the state and county where the Project is located (the "Applicable Courts"), (b) waives any objection to the laying of venue of any such litigation in any of the Applicable Courts, (c) agrees not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum and agrees not otherwise to attempt to deny or defeat such personal jurisdiction or venue by motion or other request for leave from any such court, and (d) agrees that such Party will not bring any action, suit, or proceeding in connection with any dispute, claim, or controversy arising out of or relating to this Agreement in any court or other tribunal other than any of the Applicable Courts. THE PARTIES EXPRESSLY AGREE THAT THE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES, SHALL NOT APPLY TO THIS AGREEMENT, ANY CONTRACT OR ANY DISPUTE RELATING TO IT OR THE PROJECT. [ ]Other: (Specify) If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. § 12.3 Jury Trial Waiver To the extent allowed by Applicable Laws, the Owner and the Construction Manager expressly covenant and agree to waive the right to trial by jury in connection with any litigation or judicial proceeding arising from or related to, directly or indirectly, this Agreement, the Contract, or the conduct, omission, action, obligation, duty, right benefit, privilege or liability of a Party. This waiver is intended to and does encompass each instance and each issue as to which the right to a jury trial would otherwise accrue. This waiver shall apply to this Agreement, to any future amendments, supplements or modifications hereto. § 12.4 Joinder Notwithstanding the provisions of Section 12.2 above, in the event that the Owner is made a party to a litigation proceeding in a venue other than the County in which the Project is located, then the Owner may join the Construction Manager in such proceeding and the Construction Manager hereby consents, if requested by the Owner, to its joinder in such proceeding notwithstanding the different venue, provided that the dispute resolution proceeding involves substantially common questions of law or fact. The Construction Manager shall include a substantially similar provision in its agreements with the Construction Manager’s Subcontractors. § 12.5 Attorneys’ Fees In any suit, action, or other proceeding, including arbitration or bankruptcy, arising out of or in any manner relating to the Contract or the Project, including (a) the enforcement or interpretation of either Party’s rights or obligations under the Contract whether in contract, tort, or both, or (b) the declaration of any rights or obligations under the Contract, the prevailing Party, as determined by the court or arbitrator, shall be entitled to recover from the losing Party Attorneys’ Fees. For purposes of this Section, "Attorneys’ Fees" shall mean all reasonable fees and disbursements (including disbursements that would not otherwise be taxable as costs in the proceeding) which are incurred by a Party, including all legal assistants’, paralegals’, law clerks’, and experts’ fees and all fees incurred through all post award or judgment and appellate levels and in connection with arbitration, bankruptcy, and collection proceedings (post judgment and otherwise). DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 29 ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven (7) days’ written notice to the Construction Manager, and the Construction Manager may terminate this Agreement, upon not less than seven (7) days’ written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, in accordance with the terms of this Agreement. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven (7) days’ written notice to the Construction Manager for the Owner’s convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven (7) days’ written notice to the Owner, for the reasons set forth in Article 14 of A201–2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work (authorized by the Owner in writing) performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the GMP Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services and any other amounts properly withheld by the Owner. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above and in Section 5.4 of the A201-2017. § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs accruing under the subcontract, purchase order or rental agreement, after the date of assignment if those costs would have been reimbursable as Cost of the Work if the Contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this Agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201–2017. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 30 § 13.2.2 Termination by the Owner or Construction Manager for Cause § 13.2.2.1 If the Owner or the Construction Manager terminates the Contract after execution of the GMP Amendment, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201–2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, for Construction Phase services and any other amounts properly withheld by the Owner. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above and in Section 5.4 of the A201-2017. § 13.2.3 (Paragraphs deleted) Intentionally deleted. § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of A201–2017. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of A201–2017. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201–2017. Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201–2017, neither the Owner nor the Construction Manager shall assign the Contract, in whole or in part, without the written consent of the other. If either Party attempts to make an assignment without such consent, such assignment shall be void and the Party attempting to assign the Contract, or portion thereof, shall nevertheless remain legally responsible for all obligations under the Contract. Further, the Construction Manager may not assign rights to recover payments without the Owner’s prior written consent. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing financing for the Project, if the lender agrees to assume the Owner’s rights and obligations thereunder and, as to an affiliate or transferee, provides reasonable evidence that it has made financial arrangements to fulfill the balance of the Owner’s obligations under the Contract. After final payment, the Owner may assign the Contract and its rights under it to anyone, in whole or in part, without the Construction Manager’s consent or any other preconditions or limitations. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3 Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the insurance specified in Exhibit B for the duration of the Preconstruction Services performed under this Agreement. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 31 § 14.3.1.1 Intentionally deleted. § 14.3.1.2 Intentionally deleted. § 14.3.1.3 Intentionally deleted. § 14.3.1.4 Intentionally deleted. § 14.3.1.5 Intentionally deleted. § 14.3.1.6 (Paragraphs deleted) Intentionally Deleted (Table deleted) § 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include as additional insureds the persons and entities required to be included as additional insureds in Exhibit B for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the additional insureds’ insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide evidence of insurance to the Owner required to be provided by the Construction Manager pursuant to Exhibit B that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds, as modified by the Parties and attached hereto as Exhibit B and incorporated herein by reference, and elsewhere in the Contract Documents; provided, however, insurance and bond costs shall not be included in the Cost of the Work for the purposes of calculating the Construction Manager’s Fee. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in Exhibit B, and elsewhere in the Contract Documents. § 14.3.2.2 The Construction Manager shall purchase and maintain insurance as set forth in Exhibit B, including Schedule 1 to Exhibit B. § 14.3.2.3 The Construction Manager shall cause each Subcontractor to procure insurance in accordance with Schedule 2 to Exhibit B, attached hereto, unless otherwise agreed by the Owner in writing. The Construction Manager shall be responsible for managing Subcontractors’ compliance with the insurance requirements of the Contract and maintain evidence of such compliance. § 14.3.2.4 Intentionally deleted. § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) Notice may be given as provided in Section 1.6 of the A201-2017. § 14.5 Other provisions: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 32 § 14.5.1 Other Representations and Warranties. The Construction Manager represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents) as an inducement to the Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement or the Contract, and Final Completion of the Work: (a) that it is authorized to do business in the State in which the Project is located; (b) that its execution of this Agreement and its performance hereof is within its duly-authorized power; and (c) that it is, and throughout the performance of the Work shall remain, financially solvent, able to pay all debts as they mature and possessed of sufficient working capital to complete the Work and perform all obligations hereunder; and, (d)that it possesses a high level of experience and expertise in the business administration, construction and superintendence of projects of the size and nature of the Work and will perform the Work with care, skill and diligence. § 14.5.2 Interpretation. The failure of a Party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of Contract, or to exercise any right therein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right as respects further performance. In the Contract, unless otherwise expressly provided, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. Unless expressly provided otherwise, in the Contract Documents, the term "including" is not limiting, and the terms "hereof," "herein," "hereunder" and similar terms in the Contract Documents refer to the Contract Documents as a whole and not to any particular provision of the Contract Documents. Each Party, together with their respective legal counsel, has contributed substantially to the preparation of the Contract, and, as such, the Contract shall not be interpreted more favorably against one Party than the other solely upon the basis of which Party actually drafted the Contract. Headings are for convenience only and shall not be used for interpretation of the language in the Contract. § 14.5.3 Additional Site Rules. Smoking is prohibited on the Project site, except in areas, if any, specifically designated for same by the Owner. Neither the Construction Manager, nor any of its personnel or consultants ever shut off any utilities, including power, medical gas and water systems at any time for any reason. For all other utilities, the Construction Manager, its personnel, and consultants shall follow the Owner’s written procedures for shutting off, adjusting, switching, or modifying any utility service. § 14.5.4 Sovereign Immunity. No indemnification provision in the Contract Documents shall act to waive the Owner’s sovereign immunity or impose any liability that would be restricted by sovereign immunity in a non-contractual arrangement. Furthermore, the Owner shall not waive any right it may have to assert sovereign immunity against any claim asserted against, or that could be asserted against, the Owner related to the Project for which the Construction Manager has an indemnification obligation under the Contract. This provision shall survive the termination of this Agreement. § 14.5.5 No Commissions. The Construction Manager warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Construction Manager to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Construction Manager any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Owner shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from any fees due the Construction Manager, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. § 14.5.Public Records. In addition to all other contract requirements as provided by Applicable Laws, the Construction Manager executing this Agreement agrees to comply with public records law. IF THE CONSTRUCTION MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSTRUCTION MANAGER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE OWNER’S CUSTODIAN OF RECORDS, Rosemarie Call, Phone 727-562-4092 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Construction Manager shall: .1 Keep and maintain public records required by the Owner to perform the Construction Manager’s services; .2 Upon request from the Owner’s custodian of public records, provide the Owner 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 in Chapter 119, Florida Statutes, or as otherwise provided by law; .3 Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Contract and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 33 following completion of the Contract if the Construction Manager does not transfer the records to the Owner; .4 Upon completion of the Contract, transfer at no cost to the Owner all public records in possession of the Construction Manager or keep and maintain public records required by the Construction Manager to perform its services. If the Construction Manager transfers all public records to the Owner upon completion of the Contract, the Construction Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Construction Manager keeps and maintains public records upon completion of the Contract, the Construction Manager shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner’s custodian of public records, in a format that is compatible with the information technology systems of the Owner. .5 A request to inspect or copy public records relating to the Contract must be made directly to the Owner. If the Owner does not possess the requested records, the Owner shall immediately notify the Construction Manager of the request and the Construction Manager must provide the records to the Owner or allow the records to be inspected or copied within a reasonable time. .6 The Construction Manager hereby acknowledges and agrees that if the Construction Manager does not comply with the Owner’s request for records, the Owner shall enforce the Contract provisions in accordance with the Contract. .7 If the Construction Manager fails to provide the public records to the Owner within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes. .8 If a civil action is filed against Construction Manager to compel production of public records relating to a this Contract, the court shall assess and award against the Construction Manager the reasonable costs of enforcement, including reasonable attorney fees, if: (1) the court determines that the Construction Manager unlawfully refused to comply with the public records request within a reasonable time; and (2) at least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Construction Manager has not complied with the request, to the Owner and the Construction Manager. .9 A notice complies with Section 14.5.8(2). if it is sent to the Owner’s custodian of public records and to the Construction Manager at the Construction Manager’s address listed on this Contract or to the Construction Manager’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. .10 If the Construction Manager complies with a public records request within eight (8) business days after the notice is sent, the Construction Manager shall not be liable for the reasonable costs of enforcement. § 14.5.7 For the avoidance of doubt, the Work shall include all services, work, materials, labor, equipment and other items necessary to provide for all temporary and permanent connections of the Project to Existing Facilities to the extent indicated on the Contract Documents as applicable and the Construction Manager shall use best efforts to minimize the impacts of the Work to the operations of Existing Facilities. § 14.5.8 Convicted Vendor List. By its execution of this Agreement, the Construction Manager acknowledges that it has been informed by the Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. § 14.5.9 Public Entity Crimes. The Construction Manager must notify the Owner within thirty (30) days after a conviction of a public entity crime applicable to the Construction Manager or to any employee, consultant or affiliate of the Construction Manager providing services on any Project for the Owner. § 14.5.10 No Conflicts of Interest. The Construction Manager represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 34 hereunder or under any Contract with the Owner. The Construction Manager further represents that no persons having any such interest shall be employed to perform those services. § 14.5.11 Non-discrimination. Construction Manager represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Construction Manager and Construction Manager’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. § 14.5.12 Discriminatory Vendor List. Consistent with Section 287.134, Florida Statutes, the Construction Manager or any consultant or affiliate of the Construction Manager, who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to the Owner; may not submit a bid, proposal, or reply on a contract with the Owner for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to the Owner; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Owner; and may not transact business with the Owner. § 14.5.13 Intentionally Deleted. § 14.5.14 Truth-In-Negotiation Certificate. At the time this Agreement is executed, the Construction Manager shall sign and deliver to the Owner a Truth-In-Negotiation Certificate in the form attached hereto and made a part hereof as Exhibit I. The Construction Manager’s compensation shall be adjusted to exclude any sums by which the Owner reasonably determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the completion or earlier termination of this Agreement. § 14.5.15 E-Verify. The Construction Manager shall, and shall require its Subcontractors to, register with and use the E-Verify system operated by the United States Department of Homeland Security to verify the work authorization status and employment eligibility of all newly hired employees, including each employee hired on or after January 1, 2021 and each contract employee upon the renewal or extension of his or her contract. Additionally, the Construction Manager shall require each of its Subcontractors to provide an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with an unauthorized alien, and shall maintain copies of all such affidavits and make them available to the Owner promptly upon the Owner’s request. § 14.5.16 Drug-Free Workplace. The Construction Manager is hereby advised that the Owner has adopted a policy establishing a drug-free workplace for itself and those doing business with the Owner to ensure the safety and health of all persons working on Owner contracts and projects. The Construction manager will require a drug-free workplace for all Construction Manager personnel and any personnel of the Construction Manager’s Subcontractors, sub-subcontractors and suppliers working under this Agreement. Specifically, all Construction manager personnel who are working under this Agreement must be notified in writing by the Construction Manager that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. The Construction Manager agrees to prohibit the use of intoxicating substances by all Construction Manager personnel and all personnel of the Construction Manager’s Subcontractors, sub-subcontractors and suppliers and will ensure that such personnel do not use or possess illegal drugs while in the course of performing their duties. § 14.5.17 Federal and State Immigration Laws. Construction Manager agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the Owner and its agents to inspect applicable personnel records to verify such compliance as permitted by Applicable Laws. Construction Manager will ensure and keep appropriate records to demonstrate that all Construction Manager personnel have a legal right to live and work in the United States. .1 As applicable to Construction Manager, under this provision, Construction Manager hereby warrants to the Owner that Construction Manager and each of its Subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter "Contractor Immigration Warranty"). DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 35 .2 A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Construction Manager to penalties up to and including termination of this Agreement at the sole discretion of the Owner. .3 The Owner retains the legal right to inspect the papers of all Construction Manager personnel who provide services under this Agreement to ensure that Construction Manager and its Subcontractors are complying with the Contractor Immigration Warranty. Construction Manager agrees to assist the Owner in regard to any such inspections. .4 The Owner may, at its sole discretion, conduct random verification of the employment records of Construction Manager and all Subcontractors to ensure compliance with the Contractor Immigration Warranty. Construction Manager agrees to assist the Owner in regard to any random verification performed. .5 Neither Construction Manager nor any Subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Construction Manager or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. § 14.5.18 Sales/Use Tax, Other Taxes. Construction Manager is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Construction Manager’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Construction Manager or Construction Manager’s employees an employee of the Owner or should otherwise claim the Owner is liable for the payment of taxes that are Construction Manager’s responsibility under this Agreement, Construction Manager will indemnify the Owner for any tax liability, interest, and penalties imposed upon the Owner, except for any tax liability resulting from Direct Purchase Materials procured directly by the Owner. The Owner is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. § 14.5.19 Audits and Records. Construction Manager must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The Owner or its authorized agent reserves the right to inspect any records related to the performance of Work specified herein. In addition, the Owner may inspect any and all payroll, billing or other relevant records kept by Construction Manager in relation to the Agreement. Construction Manager will permit such inspections and audits during normal business hours and upon reasonable notice by the Owner. The audit of records may occur at Construction Manager’s place of business or at the Owner’s offices, as determined by the Owner. § 14.5.20 Background Check. The Owner may conduct criminal, driver history, and all other requested background checks of Construction Manager personnel who would perform services under the Agreement or who will have access to the Owner’s information, data, or facilities in accordance with the Owner’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by Applicable Laws. § 14.5.21 Security Clearance and Removal of Contractor Personnel. The Owner will have final authority, based on security reasons: (i) to determine when security clearance of Construction Manager personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Construction Manager personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the Owner objects to any Construction Manager personnel for any reasonable cause not prohibited by Applicable Laws, then Construction Manager will, upon notice from the Owner, remove any such individual from performance of services under this Agreement. To the extent that the requirements for clearance were not provided in advance of the execution of a GMP Amendment for which such Work included in the GMP Amendment requires clearance of Construction Manager’s personnel, the Construction Manager shall be entitled to a Change Order for an equitable adjustment to the GMP to the extent permitted by Article 7 of the A201. § 14.5.22 Use of Name. Construction Manager will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the Owner. § 14.5.23 Trench Safety Act. Construction Manager shall comply with the provisions of the City of Clearwater’s Ordinance related to trench digging (Ordinance No. 7918-08) along with the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and Health Administration’s (OSHA) excavation safety standards, 29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 36 § 14.5.24 Construction Site Erosion and Sediment Control Management Measures. Construction Manager shall comply with the provisions of the Environmental Protection Agency (EPA) National Pollution Discharge Elimination System (NPDES) stormwater permit and implement stormwater pollution prevention plans (SWPPP’s) or stormwater management programs (both using best management practices (BMPs) that effectively reduce or prevent the discharge of pollutants into receiving waters. The control of construction-related sediment loadings is critical to maintaining water quality. The implementation of proper erosion and sediment control practices during the construction stage can significantly reduce sediment loadings to surface waters. Prior to land disturbance, Construction Manager shall execute and implement an approved erosion and sediment control plan or similar administrative document that contains erosion and sediment control provisions. NPDES Management Measures available at City of Clearwater Engineering Environmental Division and EPA websites to help address construction-related Best Management Practices. § 14.5.25 Roll-Off Containers and/or Dumpsters. All Owner construction projects shall utilize City of Clearwater Solid Waste roll-off containers and/or dumpsters for their disposal and hauling needs. For availability or pricing, contact City of Clearwater, Solid Waste Department, by phone: (727) 562-4929. § 14.5.26 Project Information Signs. The Owner desires to inform the general public on the Owner’s use and expenditure of public funding for general capital improvement and maintenance projects. To help accomplish this purpose, the Construction Manager is required to prepare and display public project information signs during the full course of the Project. These signs will be displayed at all location(s) of active work. Payment to Construction Manager for the preparation, installation and management of Project sign(s) shall be included in the Cost of the Work. .1 Project Sign, Fixed or Portable. Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended locations or various locations. The particular wording to be used on the signs will be determined after contract award has been approved. Construction Manager will be provided the wording to be used on signs during the Construction Phase. .2 Fixed Signs. Fixed signs shall be 4-foot by 6-foot (4’x6’) in size. Sign material shall be Aluminum DIBOND or exterior grade plywood with a minimum thickness of 1/2-inches painted white on both sides with exterior rated paint. Sign shall be attached to a minimum of two (2) 4-inch by 4-inch (3½"x3½") below grade pressure treated (P.T.) wooden posts and braced as necessary for high winds. Posts shall be long enough to provide secure anchoring in the ground. Bottom of sign must be a minimum of 24-inches above the ground. Alternate mounting system or attachment to fencing or other fixed structure can be considered for approval. .3 Portable Signs. Portable signs shall be a minimum of 24-inches by 30-inches (24"x30") in size and will be attached to a standard sized portable traffic barricade. Sign material shall be aluminum, 0.080-inches or thicker, background of white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two signs located and attached to each side of the traffic barricade. .4 Sign Coloring. Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself. Each sign shall depict the Owner’s logo. The Owner shall provide the appropriate electronic logo file(s) to the Construction Manager. .5 Sign Placement. Signs shall be placed where they are readily visible by the general public which pass by the Project site. Signs are not to be placed where they may become a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the Owner’s right-of-way, the signs will be placed on the Project site. For projects constructed inside of the Owner’s right-of-way, the signs will be placed in the right-of-way. Portable signs are to be moved to the locations of active work on the Project. Multiple portable signs will be necessary where work is ongoing in several locations at the same time. Fixed signs are to be placed at the start of construction and will remain in place until the request for final payment. .6 Sign Maintenance. The Construction Manager is responsible for preparation, installation, movement, maintenance, replacement, removal, and disposal of all Project signs during the full course of the Work. The Construction Manager will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as necessary to maintain legibility and immediately replaced if defaced. .7 Typical Project Sign. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 37 ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 This modified AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A133™-2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed .3 AIA Document A133™–2019, Exhibit B, Insurance and Bonds .4 The modified AIA Document A201™–2017, General Conditions of the Contract for Construction attached hereto as Exhibit C .5 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) Not applicable. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 38 .6 Other Exhibits: (Check all boxes that apply.) [ ]AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, dated as indicated below: (Insert the date of the E234-2019 incorporated into this Agreement.) Not applicable. [ ]Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Construction Manager’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Exhibit D – Owner’s Preliminary Program Exhibit E – Schedule of Key Personnel Exhibit F – Schedule of General Conditions Costs Exhibit G – Form of Purchase Order for Direct Purchase Materials Exhibit H – Not Used Exhibit I - Truth-In-Negotiation Certificate Exhibit J – Public Construction Bond Exhibit K – Consent of Surety to Final Payment Exhibit L – Non-Collusion Affidavit Exhibit M – Scrutinized Companies Forms Exhibit N – Verification of Employment Eligibility Exhibit O – Pinellas County Construction Licensing Board Certifications/FDBPR Licenses Exhibit P – City of Clearwater Technical Specifications Exhibit Q – City of Clearwater Greenprint 2.0 Requirements Exhibit R – City Hall Preconstruction Fee Breakdown Exhibit S – MSB Renovation Preconstruction Fee Breakdown In the event of conflicts or discrepancies among the Contract Documents, the Construction Manager shall proceed with the Work that is unaffected by the conflict or discrepancy and interpretations of the conflict will be based upon the following Contract Documents, which are set forth and ranked in order of precedence: (a) Duly executed Modifications, including the GMP Amendment for a given Project, if agreed to and executed by the Owner and the Construction Manager, Change Orders and Construction Change Directives with those of a later date having precedence over those of an earlier date; (b) The Agreement, not including the Exhibits, which are addressed below; (c) The A201-2017, attached hereto as Exhibit C; (d) The other Exhibits to the Agreement, with more stringent requirements thereof taking precedence over any less stringent requirements, such that in the event of conflicts the Construction Manager shall provide the higher level of service or quality of materials that has been specified; and (e) All other Contract Documents, if any. § 15.3 Each of the individuals executing this Agreement represent and warrant that hde or she has been duly authorized by the respective Party on whose behalf he or she is executing this Agreement to execute this Agreement on such Party’s behalf and that once executed by him or her, this Agreement shall be valid and binding upon such Party. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 39 § 15.4 This Agreement may be signed in counterparts, each of which when executed and delivered shall be deemed to be an original and all of which, taken together, shall be deemed to be one and the same instrument. For purposes of execution and delivery of this Agreement, a document signed and transmitted by: (i) emailed PDF scan, or (ii) by electronic signature using DocuSign or other similar technology, shall be treated as an original document. The signature of either Party on an emailed PDF scanned version of this Agreement or a copy of this Agreement signed by electronic signature using DocuSign or other similar technology shall be considered as an original signature and the document transmitted shall be considered to have the same binding legal effect as if it were originally signed. At the request of either Party, any PDF scanned document or document signed using DocuSign or other similar technology shall be re-executed by both Parties in original form. Neither Party may raise the use of emailed PDF scan or DocuSign or other similar technology or the fact that any signature was transmitted by email as a defense to the enforcement of this Agreement. This Agreement is entered into as of the day and year first written above. CITY OF CLEARWATER, a Florida Municipal Corporation AJAX BUILDING COMPANY, LLC, a Florida Limited Liability Company OWNER (Signature)CONSTRUCTION MANAGER (Signature) William P. Byrne , CEO (Printed name and title)(Printed name and title) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 40 Exhibit A GMP Amendment (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Document A133® – 2019 Exhibit A Guaranteed Maximum Price Amendment Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This Guaranteed Maximum Amendment (this "Amendment") dated the _____ day of _______________ in the year 202___, is incorporated into the accompanying AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the _____ day of December in the year 2023 (the "Agreement") (In words, indicate day, month, and year.) for the following PROJECT: (Name and address or location) New City Hall South Myrtle Avenue and Pierce Street, Clearwater, Florida 33756 THE OWNER: (Name, legal status, and address) City of Clearwater, a Florida Municipal Corporation 100 South Myrtle Avenue Clearwater, Florida 33756 THE CONSTRUCTION MANAGER: (Name, legal status, and address) New City Hall South Myrtle Avenue, Clearwater, Florida 33756 TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS A.5 MISCELLANEOUS PROVISIONS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Sections 3.2.1.1 and 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price for that certain Project Segment referred to as " " (the " Project Segment"), which Project Segment is further described in the exhibits attached hereto and incorporated herein by reference. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed, as specified below in Section A.1.1.1. The Contract Sum for the Project Segment consists of the Cost of the Work (as that term is defined in Article 7 of the Agreement) for the Project Segment plus the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 2 Construction Manager’s Fee thereon at the rate specified in Section 6.1.2 of the Agreement. By executing this Amendment and furnishing the Owner with a Guaranteed Maximum Price and a construction schedule, the Construction Manager represents and warrants that the Contract Documents, including the Drawings and Specifications, as well as other materials, and information furnished the Construction Manager as of the date of this Amendment have described the scope, construction requirements, and design intent of the Work in detail sufficient to enable the Construction Manager to establish the Guaranteed Maximum Price, Contract Time and the construction schedule for the Project Segment. To the extent that the Drawings and Specifications designate further development, the Construction Manager has provided in the Guaranteed Maximum Price for the Project Segment for such further development consistent with the Contract Documents and reasonably inferable therefrom. Capitalized terms used but not defined herein shall have the meaning given to them in the Agreement or other Contract Documents referenced therein. The Construction Manager further represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents) as an inducement to the Owner to execute this Amendment, which representations and warranties shall survive the execution and delivery of this Amendment, any termination of this Agreement or the Contract, and Final Completion of the Work: (a) it is, and to the best of its knowledge after reasonable inquiry, its Subcontractors are, properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the Work and the Project; (b) that it is able to furnish the tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; (c) that, prior to the execution of this Amendment, it has obtained and carefully studied the geotechnical report for the Project site and all other reports of explorations and tests of surface and subsurface conditions at the Project site and drawings of physical conditions in or relating to existing surface and subsurface structures which are at or contiguous to the Project site made available to it by the Owner (collectively, the "Geotechnical Report"); (d) that it has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities (as defined in Section 3.2.2.1 of the A201-2017) at or contiguous to the Project site and assumes responsibility for the accurate location of said Underground Facilities; and (e) it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents and by executing the GMP Amendment shall be deemed to have acknowledged that such information is all that is necessary for the performance or furnishing of the Work at the Guaranteed Maximum Price, within the Contract Time and in accordance with all other terms and conditions of the Contract Documents, provided that such activities are performed to the best of Construction Manager’s ability as a licensed general contractor experienced with projects similar in nature and complexity to the Project and not as a licensed architect or engineer. § A.1.1.1 The Contract Sum for the Project Segment is guaranteed by the Construction Manager not to exceed __________ Dollars ($ __________ ), subject to additions and deductions by Change Order or Construction Change Directive as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price for the Project Segment organized by trade categories, including allowances; the Construction Manager’s contingency; alternates; the Construction Manager’s Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or reference an attachment.) See Exhibit 2, attached hereto and incorporated herein by reference. § A.1.1.3 The Construction Manager’s Fee for the Project Segment is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager’s Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Alternates § A.1.1.5.1 Alternates for the Project Segment, if any, included in the Guaranteed Maximum Price: Item Price DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 3 § A.1.1.5.2 Subject to the conditions noted below, the following alternates for the Project Segment may be accepted by the Owner following execution of this Amendment. Upon acceptance, the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § A.1.1.6 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § A.1.1.7 The Guaranteed Maximum Price includes the Construction Manager’s contingency for the Project Segment (as described in Section 3.2.4 of the Agreement) in the amount of: __________ Dollars ($__________). ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ]The date of execution of this Amendment. [ X ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) The date of commencement of the Work shall be the later of the following (i) the date specified in the Owner’s written notice to proceed to the Construction Manager and (ii) the Construction Manager records the payment and performance bonds required by Section B.3.4 of Exhibit B and provides the Owner with a certified copy of same. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. The Contract Time for the Project Segment shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the entire Work of the Project Segment: (Check one of the following boxes and complete the necessary information.) [ ]Not later than ( ) calendar days from the date of commencement of the Work. [ ]By the following date: § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial Completion of such portions by the following dates: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 4 Portion of Work Substantial Completion Date § A.2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, liquidated damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment for the Project Segment are based on the Contract Documents and the following: § A.3.1.1 The following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) See the Index of Drawings and Specifications attached hereto as Exhibit 1. The drawings and specifications themselves that are listed in the index are the "Drawings" and "Specifications" and are incorporated into this Amendment by reference. Section Title Date Pages § A.3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) See the Index of Drawings and Specifications attached hereto as Exhibit 1. The drawings and specifications themselves that are listed in the index are the "Drawings" and "Specifications" and are incorporated into this Amendment by reference. Number Title Date § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner’s Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner’s and Construction Manager’s roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date Pages Other identifying information: § A.3.1.5 Allowances for the Project Segment, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Item Price See Exhibit 4. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 5 § A.3.1.6 Assumptions and clarifications for the Project Segment, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption and clarification.) See Exhibit 5. Notwithstanding any description of proposed construction means, methods, techniques, sequences or procedures or safety procedures, safety precautions or programs in connection with the Work specified in Exhibit 5 or elsewhere in the Contract Documents, in no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work. § A.3.1.7 The Guaranteed Maximum Price for the Project Segment is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment.) The initial construction schedule required by Section 3.3.2.2 of the Agreement is attached hereto as Exhibit 7. The Construction Manager hereby confirms that, as of the date of the full execution and delivery of this Amendment, to the best of the Construction Manager’s knowledge, information and belief, there is no basis for an extension of the Contract Time. The updated list of Key Personnel attached hereto as Exhibit 8 and incorporated herein by reference, as required by Section 3.2.3.11 of the Agreement. The Construction Manager’s Logistics Plan attached hereto as Exhibit 9 and incorporated herein by reference in accordance with Section 3.2.3.9 of the Agreement. ARTICLE A.4 CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS § A.4.1 The Construction Manager shall retain the consultants, contractors, design professionals, and suppliers, identified below: (List name, discipline, address, and other information.) ARTICLE A.5 MISCELLANEOUS PROVISIONS § A.5.1 Each of the individuals executing this Amendment represent and warrant that he or she has been duly authorized by the respective Party on whose behalf he or she is executing this Amendment to execute this Amendment on such Party’s behalf and that once executed by him or her, this Amendment shall be valid and binding upon such Party. § A.5.2 This Amendment may be signed in counterparts, each of which when executed and delivered shall be deemed to be an original and all of which, taken together, shall be deemed to be one and the same instrument. For purposes of execution and delivery of this Amendment, a document signed and transmitted by: (i) emailed PDF scan, or (ii) by electronic signature using DocuSign or other similar technology, shall be treated as an original document. The signature of either Party on an emailed PDF scanned version of this Amendment or a copy of this Amendment signed by electronic signature using DocuSign or other similar technology shall be considered as an original signature and the document transmitted shall be considered to have the same binding legal effect as if it were originally signed. At the request of either Party, any PDF scanned document or document signed using DocuSign or other similar technology shall be re-executed by both Parties in original form. Neither Party may raise the use of emailed PDF scan or DocuSign or other similar technology or the fact that any signature was transmitted by email as a defense to the enforcement of this Amendment. § A.5.3 This Amendment, once duly executed by the Owner, shall constitute the Owner’s written Notice to Proceed with the Construction Phase of the Work of the Project Segment. § A.5.4 To the extent the Construction Manager has performed Work within the scope of this Contract before execution of this Amendment all rights and liabilities of the Parties for performance of the prior Work are merged and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 6 included within and shall be governed by the terms and conditions of this Amendment. All compensation paid for prior Work performed by or on behalf of the Construction Manager related to the Project is included in the Contract Sum. § A.5.5 Policies and Procedures. The Construction Manager shall at all times comply, and the Construction Manager shall ensure that all of the Work at all times complies, with the Owner’s policies and procedures which have been provided by the Owner to the Construction Manager prior to or with this Amendment. While at any or on any of the Owner’s premises, the Construction Manager’s and Subcontractors’ employees, personnel, agents, shall comply with all lawful and reasonable requests, standard rules, and regulations of the Owner communicated to the Construction Manager regarding personal and professional conduct, including any security or privacy requirements, and shall otherwise conduct themselves in a businesslike manner. The Construction Manager shall not act (nor permit any omission) or provide Work in a manner which would be disruptive to the Owner, or which would jeopardize the health or safety of any person. The Construction Manager shall not engage in any verbal or physical conduct that adversely affects any person, or any disruptive behavior that interferes with any person’s ability to work in at the Owner’s premises or with any person providing administrative, maintenance, or other services of any kind to, for, or on behalf of the Owner, whether such person is an employee or a contractor. In addition, the Construction Manager shall reasonably assist the Owner in maintaining compliance with all professional and ethical requirements and standards established by applicable federal, state, and local licensing or accrediting agencies and bodies and professional associations, including assistance in achieving and maintaining accreditation, certification and/or any licensure applicable, in whole or in part, to the items or services provided by the Construction Manager. This Amendment to the Agreement entered into as of the day and year first written above. CITY OF CLEARWATER, a Florida Municipal Corporation AJAX BUILDING COMPANY, LLC, a Florida Limited Liability Company OWNER (Signature)CONSTRUCTION MANAGER (Signature) (Printed name and title)(Printed name and title) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 7 Exhibit 1 to GMP Amendment Index of Drawings and Specifications AN INDEX OF THE DRAWINGS AND SPECIFICATIONS HAS BEEN PROVIDED IN THIS EXHIBIT FOR EXPEDIENCY. HOWEVER, THE DRAWINGS AND SPECIFICATIONS THEMSELVES THAT ARE LISTED THEREIN ARE THE "DRAWINGS" AND "SPECIFICATIONS" AND ARE INCORPORATED INTO THIS AMENDMENT BY REFERENCE. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 8 Exhibit 2 to GMP Amendment GMP Breakdown DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 9 Exhibit 3 to GMP Amendment Alternates DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 10 Exhibit 4 to GMP Amendment Allowances DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 11 Exhibit 5 to GMP Amendment Assumptions and Clarifications DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 12 Exhibit 6 to GMP Amendment Not Used DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 13 Exhibit 7 to GMP Amendment Construction Schedule DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 14 Exhibit 8 to GMP Amendment Key Personnel DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 15 Exhibit 9 to GMP Amendment Logistics Plan ORLDOCS 20767802 13 57165.0001 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 41 Exhibit B Insurance and Bonds (See attached) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Document A133® – 2019 Exhibit B Insurance and Bonds Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201™–2017, General Conditions of the Contract for Construction. Article 11 of A201™–2017 contains additional insurance provisions. This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Construction Manager, dated the _____ day of December in the year 2023, (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) New City Hall South Myrtle Avenue, Clearwater, Florida 33756 THE OWNER: (Name, legal status, and address) City of Clearwater, a Florida Municipal Corporation 100 South Myrtle Avenue Clearwater, Florida 33756 THE CONSTRUCTION MANAGER: (Name, legal status, and address) Ajax Building Company, LLC, a Florida limited liability company 109 Commerce Boulevard Oldsmar, Florida 34677 TABLE OF ARTICLES B.1 GENERAL B.2 OWNER’S INSURANCE B.3 CONSTRUCTION MANAGER’S INSURANCE AND BONDS B.4 SPECIAL TERMS AND CONDITIONS ARTICLE B.1 GENERAL The Owner and Construction Manager shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction. ARTICLE B.2 OWNER’S INSURANCE § B.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article B.2 and, upon the Construction Manager’s request, provide a copy of the property insurance policy or policies required by Section B.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 2 § B.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. § B.2.3 Required Property Insurance § B.2.3.1 Unless this obligation is placed on the Construction Manager pursuant to Section B.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion. This coverage shall not extend to any of the Construction Manager’s, Subcontractors’ or Sub-subcontractor’s vehicles, mobile equipment, tools or items of personal property and shall not respond or provide coverage for the loss of use of these items. The Construction Manager shall make its own arrangements for any insurance it may require on such vehicles, mobile equipment, tools and other similar items. Any such policy obtained by the Construction Manager under this Section shall include a waiver of subrogation in accordance with the requirements of Section 11.3 of the A201-2017. This insurance shall include the interests of mortgagees as loss payees. This insurance shall name the Owner and the Construction Manager as named insureds, and the Subcontractors and all tier Sub-subcontractors in the Project shall be additional insureds. The insured status of Construction Manager, Subcontractors and all tier Sub-subcontractors shall not be modified by the phrase "as their interests may appear" or other any language which could restrict an insured’s coverage to only that of its interest in the Project. § B.2.3.1.1 Causes of Loss. The insurance required by this Section B.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance may provide, at the Owner’s election in its sole discretion, coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Cause of Loss Sub-Limit § B.2.3.1.2 Specific Required Coverages. The insurance required by this Section B.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Construction Manager’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit § B.2.3.1.3 Intentionally deleted § B.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section B.2.3 is subject to deductibles or self-insured retentions, the Owner shall pay costs not covered because of such deductibles or self-insured retention, unless the loss is caused by the negligent, reckless or intentionally wrongful acts or omissions of the Construction Manager, or any of the Construction Manager’s Subcontractors, suppliers, or agents of any tier or their respective employees, in which event the Construction Manager shall be responsible for the payment of such deductibles or self-insured retentions up to Twenty-Five Thousand Dollars ($25,000.00) per loss or damage. § B.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance of DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 3 coverage. The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § B.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section B.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § B.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ ]§ B.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ ]§ B.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ]§ B.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ]§ B.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ]§ B.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ]§ B.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ]§ B.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 4 engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. § B.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) [ ]§ B.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ]§ B.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits ARTICLE B.3 CONSTRUCTION MANAGER’S INSURANCE AND BONDS § B.3.1 General § B.3.1.1 Evidence of Insurance. Upon the Owner’s reasonable request, including, without limitation, in the event of a claim under policies, the Construction Manager shall provide to the Owner true and complete copies of the required policies and of any other policies maintained by the Construction Manager for which the Construction Manager seeks reimbursement as part of the Cost of the Work , including all endorsements thereto, or, if acceptable to the Owner, certificates of insurance, declarations pages and additional insured endorsements, or certificates of insurance acceptable to the Owner. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section B.3.2.1 and Section B.3.3.1. The certificates will show the Indemnitees as an additional insured on the Construction Manager’s Commercial General Liability and excess or umbrella liability policy or policies. These certificates and the insurance policies required by the Contract Documents shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days’ prior written notice has been given to the Owner, provided only ten (10) days’ prior written notice shall be required for cancellation for nonpayment of premium. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Construction Manager to the Owner with reasonable promptness. The Owner’s failure to demand or inspect a policy or other evidence of insurance, and/or the Owner’s failure to identify or object to any discrepancy therein, is not a waiver of any requirement contained in the Contract. The obligation to procure and maintain insurance required by this Exhibit is a separate responsibility of the Construction Manager an independent of its duty to furnish a certified copy or certificate of such insurance policies. Should the Construction Manager fail to deliver the evidence of insurance required by the Contract Documents when so required, the Owner may, and the Construction Manager hereby authorizes the Owner to, obtain from the Construction Manager’s insurance carriers the required evidence of insurance coverage. § B.3.1.2 Deductibles and Self-Insured Retentions. The Construction Manager shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Construction Manager. Any deductibles or self-insured retentions shall be subject to the Owner’s approval, and the Construction Manager shall be solely responsible for the payment of all deductibles and self-insured retentions. The coverage afforded to the Additional Insureds under the policies required of the Construction Manager shall not be conditioned on the payment of any deductible or self-insured retention. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 5 § B.3.1.3 Additional Insured Obligations. The Indemnitees (as defined in the A201 – 2017) and such other parties as the Owner may designate and to which the Construction Manager agrees, such agreement not to be unreasonably withheld, (collectively, the "Additional Insureds") shall be named as additional insureds under the Construction Manager’s commercial general liability, comprehensive automobile liability, and excess/umbrella liability policies. Each policy, including the excess/umbrella liability policy, shall be endorsed to state that the insurance provided to the Additional Insureds is primary and non-contributory to any other insurance (including primary, excess, self-insurance, or on any other basis) available to the Additional Insureds. The coverage provided to the Additional Insureds must be at least as broad as that provided to the first named insured on each policy. The additional insured endorsement must include coverage for any liability arising out of any operations, including Products and Completed Operations, with no exclusions or restrictions to on-going operations In the event that any policy provided in compliance with the Contract states that the coverage provided to an Additional Insured shall be no broader than that required by contract, or words of similar meaning, the Parties agree that this Contract shall require coverage for Additional Insureds at least as broad as that provided to the first named insured on each policy. Additional insured status must be provided on forms of endorsement specified in Schedule 1 hereto. If the Construction Manager fails to purchase and maintain any insurance required by the Contract Documents, the Owner may but shall not be obligated to, upon three (3) days prior written notice to the Construction Manager, purchase such insurance on behalf of the Construction Manager and shall be entitled to be reimbursed by the Construction Manager upon demand. § B.3.2 Construction Manager’s Required Insurance Coverage § B.3.2.1 The Construction Manager shall purchase and maintain the types and limits of insurance specified in Schedule 1 and elsewhere in the Contract Documents, and shall cause its Subcontractors to purchase and maintain the types and limits of insurance specified in Schedule 2 and elsewhere in the Contract Documents from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager and its Subcontractors shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) For such longer periods as are specified in Schedule 1 or Schedule 2 attached hereto with respect to particular coverages § B.3.2.2 Intentionally deleted (Paragraphs deleted) § B.3.3 Construction Manager’s Other Insurance Coverage § B.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) See Schedule 1 and Schedule 2, attached hereto and incorporated herein by reference. § B.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section B.3.3.1. (Select the types of insurance the Construction Manager is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ ]§ B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section B.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3.1.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3 except to the extent provided below. The Construction Manager shall disclose to the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 6 Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Construction Manager’s obligation to provide property insurance differs from the Owner’s obligations as described under Section B.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) [ ]§ B.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ]§ B.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ ]§ B.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ]§ B.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Construction Manager and used on the Project, including scaffolding and other equipment. [ ]§ B.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits § B.3.4 Performance Bond and Payment Bond The Construction Manager shall provide performance and payment bonds compliant with Florida Statutes, including, without limitation, Section 255.05, Florida Statutes, and otherwise in form and substance acceptable to the Owner and, without limitation, complying with the following specific requirements. .1 Bonds shall name the Owner as obligee; .2 Bonds shall be executed by a responsible surety licensed in the State in which the Project is located, with a Best’s rating of no less than A/X, and shall remain in effect for a period not less than the applicable statute of limitations period; .3 The penal sum of the Performance Bond and Payment Bond shall equal the Guaranteed Maximum Price specified in the GMP Amendment and adjust automatically commensurate with subsequent adjustments in the Guaranteed Maximum Price via Modification; .4 The attorney-in-fact who executes the bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney; .5 Every bond under this Subsection must display the Surety Bond Number; (Table deleted) .6 The bonds must provide that the surety is obligated to the obligee for the payment of liquidated damages to the same extent that the Construction Manager is obligated under the Contract; .7 Any increase in the GMP that exceeds ten percent (10%) in the aggregate shall require a rider to the bonds increasing the penal sums accordingly; up to such ten percent (10%), the penal sum of the bond shall automatically adjust; and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 7 .8 Each bond shall include the following language or substantially similar language acceptable to the Owner: (a) the surety hereby agrees that it consents to and waives notice of any addition, alteration, omission, change, or other modification of the Contract Documents; (b) the surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Construction Manager shall automatically increase the obligation of the surety on the bond and notice to the surety is not required for such increased obligation; (c) any addition, alteration, change, extension of time, or other modification of the Contract Documents, or a forbearance on the part of the Owner or of the Construction Manager to the other, shall not release the surety of its obligations hereunder, and notice to the surety of such matters is hereby waived; and (d) the surety agrees that it is obligated under the bonds to any successor, grantee, or assignee of the obligee. § B.3.5 Subcontractor Bonds The Construction Manager shall, with the Owner’s prior written approval, require Subcontractors to procure and maintain payment and performance bonds naming the Construction Manager as an obligee and the Owner as an additional obligee thereunder. ARTICLE B.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: See Schedule 1, Schedule 2, and Schedule 3 attached hereto and incorporated herein by reference. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 8 Schedule 1 Schedule of Insurance Requirements (Construction Manager) A. Construction Manager’s Insurance. The Construction Manager, shall purchase and maintain, the following insurance without interruption from the date of commencement of the Work until the date of Final Completion and for the additional periods specified herein: 1.Commercial General Liability insurance on an "occurrence" basis for bodily injury and property damage that may arise out of or result from the Construction Manager’s operations and completed operations under the Agreement, whether such operations be by the Construction Manager or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Claims Made Commercial General Liability policies will not be accepted. Such insurance shall include each of the following: (a) At a minimum, the following limits and coverages: (i) not less than $2,000,000 each occurrence (ii) not less than $2,000,000 personal and advertising injury (iii) not less than $5,000,000 general aggregate (reinstated annually) (iv) not less than $5,000,000 products-completed operations aggregate (v) not less than $500,000 Damage to Rented Premises (vi) not less than $300,000 Fire Legal Liability Occurrence / annual aggregate (vii) not less than $10,000 Medical Expense (any one person) (b) Coverage for ongoing operations, premises/operations, independent contractors, underground, explosion and collapse (XCU) (for trades with trenching or excavation activities within their scope of work), and any persons or entities performing work on behalf of the Construction Manager. (c) Products and completed operations coverage, which coverage shall be maintained in effect for 10 years from final completion of the Project or for a period equivalent to the statute of repose for the state in which the Project is located, whichever is shorter. Provisions excluding products and completed operations, or those that limit completed operations coverage to ongoing operations only, will be unacceptable. (d) The Commercial General Liability insurance policy must be endorsed to state that general aggregate limits apply per project. (e) Contractual liability coverage to the same or greater extent as covered under ISO commercial general liability coverage form CG 00 01 10 01. (f) Contain a severability or separation of insureds clause. (g) Include CGL policy Additional Insured Endorsement that includes Ongoing and Completed Operations on Form CG 2010 11 85 or Form CG 2010 10 01 and CG 2037 10 01 edition, or an equivalent endorsement acceptable to the Owner, naming the Indemnitees as additional insureds. (h) Provide that such insurance is primary and non-contributing to any insurance maintained by the additional insureds. (i) NO limitation of the ISO standard "insured contract" exception to the contractual liability exclusion. (j) NO exclusion or limitation of coverage for injury to employees or independent contractors other than that contained in the standard coverage ISO form. Include insured contract coverage, including indemnity for damages or injuries to the Construction Manager’s employees and shall not exclude any Additional Insured claims pertaining to damages or DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 9 injuries to the Construction Manager’s employees. (k) NO limitation of the ISO standard "occurrence" definition. (l) NO conditions on coverage based on any insured’s compliance with risk transfer mechanisms through insurance, indemnity clauses, or otherwise. (m) NO form of exclusion of subcontracted work, and no deletion of or modification to the subcontractor exception to the "damage to your work" exclusion. (n) No exclusion or restriction of coverage for the following: (i) Claims by an insured against another insured; (ii) Cross suits or cross-liability; (iii) Claims for property damage to the Construction Manager’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor; (iv) Claims for bodily injury other than to employees of the insured; (v) Claims for indemnity under Section 3.18 of the A201 - 2017 arising out of injury to employees of the insured; (vi) Claims or loss excluded under a prior work endorsement or other similar exclusionary language; (vii) Claims related to roofing, if the Work involves roofing; (viii) Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces; however, it being understood that the Drawings and Specifications are not anticipated to require such systems but, to the extent they are included in the Drawings and Specifications, the Contractor shall be entitled to an equitable adjustment in the GMP to the extent the Owner requires such coverage, provided that an exclusion for application of EIFS over wood frame construction shall be permitted if the Work does not include application of EIFS over wood frame construction; (ix) Claims related to earth subsidence or movement, if the Work involves such hazards; (x) Claims related to explosion, collapse and underground hazards, if the Work involves such hazards; or (xi) Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. (o) NO exclusion for crane operation. If the Construction Manager is operating, hiring or contracting others to use operate or hire a crane with an updated crane certification and adherence to OSHA Standard # 1926.550. The crane certification shall be kept on the Project site at all times. Construction Manager waives and shall cause all applicable insurance carriers providing physical damage insurance on the crane to also waive all right of recovery against Indemnitees. 2.Commercial Automobile Liability covering all owned, hired and non-owned automobile liability insurance covering all use of all automobiles, trucks and other motor vehicles utilized by the Construction Manager or its Subcontractors, with a combined single limit for bodily injury and property damage of not less than $2,000,000 per accident. Without limitation, the policy must include coverage for bodily injury, death and property damage arising out of ownership, maintenance or use of any motorized vehicle on or off the Project site. If hauling of hazardous waste is part of the scope of the Construction Manager’s Work, the Construction Manager’s Commercial Automobile Liability insurance with a $2,000,000 combined single limit per occurrence for bodily injury and property damage applicable to all hazardous waste hauling vehicles shall be required, which policy shall include an MCS 90 endorsement and the ISO Form CA 9948 (Pollution Liability Broadened Coverage for Business Automobile). 3.Workers’ Compensation insurance, including employer’s liability, for all persons whom the Construction Manager employs (or uses as subcontract labor if the Subcontractor is uninsured) in carrying out any Work. Such insurance shall be in strict compliance with the requirements of the most current and applicable workers’ compensation insurance laws in effect from time to time in the state(s) where the Work is performed, and shall include the following: (a) Coverage A (Workers’ Compensation) - Statutory (b) Coverage B (Employer’s Liability) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 10 At a minimum, the following limits and coverages: (i) not less than $1,000,000 for each accident, for bodily injury by accident (ii) not less than $1,000,000 for each employee, for bodily injury by disease (iii) not less than $1,000,000 for each disease policy limit (c) Contain endorsements that provide: (i) Voluntary Compensation (ii) If the Construction Manager will borrow or otherwise use loaned employees (including if the Construction Manager leases a piece of equipment and it comes with an operator or the Construction Manager obtains employees from temporary agencies), the Construction Manager shall obtain an Alternate Employer’s Endorsement (WC 00 03 01 A). (iii) If the Construction Manager will lease "employees" from a professional employer organization, the Construction Manager shall obtain from the professional employer organization a PEO Extension endorsement (WC 00 03 20 B).. (iv) If the Work is taking place on or adjacent to navigable waters, then USL&H and Jones Act coverage is required. (v) Waiver of subrogation against the Indemnitees. 4.Property insurance providing coverage for property in which the Construction Manager retains the risk of loss including its own equipment, (stationary or mobile), tools (including employee tools), supplies, materials. or any other property owned or leased by the Construction Manager. If the Construction Manager chooses to self-insure any of the property described under this Section, it is agreed that the Construction Manager shall hold the Indemnitees harmless for any loss or damage to that property. 5.Professional Liability/Errors and Omissions (to the extent the Work requires professional services) on a claims made basis with limits for each claim not less than $10,000,000 per claim, which Professional Liability insurance policy shall: (a) be maintained until the expiration of the statute of repose in the jurisdiction in which the Project is located, (b) have a retroactive date prior to the performance of any services to be provided under this Agreement, and (c) state that in the event of cancellation or non-renewal, the discovery period for insurance claims (tail coverage) shall be at least twenty–four (24) months. 6.Pollution Liability that provides coverage for liability arising from the Construction Manager’s Work or construction activities, whether occurring on or off of the Project site, as well site conditions about which the Construction Manager is unaware but are made worse by the Construction Manager or those for whom the Construction Manager is responsible, with limits of not less than $1,000,000 for each loss (providing coverage for liability arising from, or made worse by, the Work or the Construction Manager’s or its Subcontractors’ construction activities, which insurance shall cover property damage, bodily injury (including death and disease), environmental damage, remediation, clean-up costs and defense costs). The Construction Manager’s pollution liability insurance shall insure against and provide coverage for property damage, abatement/cleanup, whether on or off of the Project site, as well as bodily injury, repair and defense costs resulting from liability arising out of pollution conditions, including exposures arising from any solid, liquid, gaseous or thermal pollutant, irritant or containment including smoke, vapors, odors, soot, fumes, acid, akalis, toxic chemicals, hazardous substances, electromagnetic fields, low level radioactive waste and material, mold matter, Legionella, and waste materials, including medical infectious and pathological waste. The Construction Manager’s pollution liability insurance must cover the liability of the Construction Manager during the process of construction, installation, removal, storage, encapsulation, loading, unloading, transport and disposal of hazardous materials or substances, and shall include coverage for bodily injury and loss of, damage to, or loss of use of property, arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, water materials or other irritants, contaminants or pollutants into or upon the Project site, the Project, the atmosphere, any water course or body of water. The Construction Manager must maintain, without interruption, its DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 11 pollution liability insurance coverage and renew the pollution liability insurance policy annually from the date of commencement of the Work through and including the expiration of the applicable statute of repose. 7.Riggers Legal Liability Insurance to the extent the Construction Manager’s Work requires it to provide a crane to hoist, lower or otherwise move a suspended load, then it shall provide riggers liability insurance. The limit for this coverage shall equal or exceed the full replacement cost value of the most expensive hoist intended to be made within its Scope of Work. This insurance shall name Construction Manager and Owner as loss payees to this insurance. 8.Insurance Required by Law the Construction Manager shall maintain any and all additional insurance coverages as required by applicable law 9. The above insurance limits may be achieved by a combination of primary and Excess/Umbrella Liability (that is not more restrictive than the primary insurance). Coverage shall be excess of the Employers Liability, Commercial General Liability, Automobile Liability and coverages required herein and shall include all coverages on a "following form" basis. Coverage shall drop down as primary on the exhaustion of any underlying policy limit specified herein. The Construction Manager shall maintain the Excess/Umbrella Liability coverage for 10 years from final completion of the Project or for a period equivalent to the statute of repose for the state in which the Project is located, whichever is shorter. B.Minimum Limits. The limits of insurance provided by the Construction Manager shall be the greater of the limits maintained in the normal course of the Construction Manager’s business or the minimum limits specified above. The limits of insurance stated above for each type of insurance are minimum limits only; in the event the Construction Manager’s policy provides greater limits, then the Additional Insureds shall be entitled to, or to share in, the full limits of such policy, and this Agreement shall be deemed to require such full limits. C.Severability Clause. All insurance shall include a severability of insured clause for all named insureds and additional insureds. None of the insurance policies that the Construction Manager is required to procure shall contain insured versus insured exclusions. D.Carrier Rating. All insurance coverage procured by the Construction Manager shall be provided by insurance companies satisfactory to the Owner who are lawfully authorized to do business in the jurisdiction in which the Project is located having policy holder ratings no lower than "A-" and financial ratings not lower than "VII" in the Best’s Insurance Guide, latest edition in effect as of the date of the Contract, and subsequently in effect at the time of renewal of any policies required by the Contract Documents. E.Waivers of Subrogation. The Construction Manager and its insurance carriers waive, release, and shall not exercise any right of recovery or subrogation for any claim, damage, or loss covered or insured by any insurance policy required under the Contract Documents, that the Construction Manager or its insurers may have at any time against the Indemnitees. F.No Limitation. Insurance coverage required in this Contract shall be additional security for the obligations assumed by the Construction Manager and in no event shall the types or limits of coverage required be deemed to limit any obligations or liabilities assumed under this Contract. The carrying of insurance shall not be deemed to release the Construction Manager or in any way diminish its liability or obligations, by way of indemnity or otherwise, under the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 12 Schedule 2 Schedule of Insurance Requirements (Subcontractors) 1.1 SUBCONTRACTOR’S INSURANCE OBLIGATIONS. Before commencing the Work, Subcontractor shall procure and maintain, at its own expense, until completion and final acceptance of the Work (or for such longer periods as stated below or otherwise required by applicable legal requirements) at least the following insurance from insurance companies satisfactory to Construction Manager and Owner who are lawfully authorized to do business in the jurisdiction in which the Project is located and have an A.M. Best rating of A- VIII or better: 1.1.1 WORKERS’ COMPENSATION INSURANCE, including employer’s liability, for all persons whom the Subcontractor employs in carrying out any Work. Such insurance shall be in strict compliance with the requirements of the most current and applicable workers’ compensation insurance laws in effect from time to time in the state(s) where the Work is performed, and shall include the following: (a) Coverage A (Workers’ Compensation) - Statutory (b) Coverage B (Employer’s Liability) At a minimum, the following limits and coverages: (i) not less than $500,000 for each accident, for bodily injury by accident (ii) not less than $500,000 for each employee, for bodily injury by disease (iii) not less than $500,000 for each disease policy limit (c) Contain endorsements that provide: (i) If the Subcontractor will borrow or otherwise use loaned employees (including if the Subcontractor leases a piece of equipment and it comes with an operator or the Subcontractor obtains employees from temporary agencies), the Subcontractor shall obtain an Alternate Employer’s Endorsement (WC 00 03 01 A). (ii) If the Subcontractor will lease "employees" from a professional employer organization, the Subcontractor shall obtain from the professional employer organization a PEO Extension endorsement (WC 00 03 20 B). (iii) If the Work is taking place on or adjacent to navigable waters, then USL&H and Jones Act coverage is required. (iv) Waiver of subrogation against the Indemnitees. 1.1.2 COMMERCIAL GENERAL LIABILITY INSURANCE on a current ISO occurrence coverage form policy, INCLUDING, without limitation, coverage for damages because of BODILY INJURY, PROPERTY DAMAGE, INDEPENDENT CONTRACTORS LIABILITY COVERAGE and PERSONAL AND ADVERTISING INJURY. This insurance shall include, without limitation, coverage for the PRODUCTS/COMPLETED OPERATIONS HAZARD. The COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE shall have limits not less than the following: Each Occurrence $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 The general aggregate shall be on a "per project" basis, and a statement to that effect will be contained on the certificate that this Commercial General Liability policy has been so endorsed. Subcontractor shall maintain the Commercial General Liability Insurance from commencement of the Work until not less than 10 years after substantial completion and acceptance of the Project by the Owner, or to the expiration of the applicable statute of repose in the jurisdiction where the Project is located, whichever is shorter. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 13 The COMMERCIAL GENERAL LIABLITY INSURANCE COVERAGE shall not be subject to any exclusions or exclusory endorsements that are not acceptable to Construction Manager and Owner, in their sole discretion. This COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE shall also comply with the following terms: (a) no limiting modification of the ISO standard "insured contract" exception to the contractual liability exclusion; (b) no exclusion or limitation of coverage for injury to employees or independent contractors other than that contained in the standard coverage ISO form; (c) no deletion of or modification to the subcontractor exception to the "damage to your work" exclusion; and (d) no limiting modification to the ISO standard "occurrence" definition. If the Subcontractor is not enrolled in a Wrap-Up insurance policy application to the project (e.g. CCIP or OCIP), then the COMMERCIAL GENERAL LIABILITY policy shall not include a wrap-up exclusion applicable to the project. Furthermore, without limitation, the COMMERCIAL GENERAL LIABLITY INSURANCE COVERAGE shall not exclude coverage for the following: (i) explosion, collapse and underground hazards; (ii) conditions on coverage based on any insured’s compliance with risk transfer mechanisms through insurance, indemnity clauses, or otherwise; (iii) soils subsidence or earth movement of any kind regardless of cause; (iv) for punitive damages, where allowable by applicable law; or (v) elevators, if applicable. In the event a Subcontractor is not able to meet the requirements of this paragraph, the Contractor may request in writing from the Owner a written waiver of such requirements by a Modification. NO exclusion for crane operation. If the Subcontractor is operating, hiring or contracting others to use operate or hire a crane with an updated crane certification and adherence to OSHA Standard # 1926.550. Further, the Subcontractor’s excess liability insurance limits for crane operations shall be not less than: (1) if the crane is a tower crane, $25,000,000 per occurrence/$25,000,000 in aggregate; or (2) if the crane is other than a tower crane, $10,000,000 per occurrence/$10,000,000 in aggregate, The crane certification shall be kept on the Project site at all times. All damages to the crane are the sole responsibility of the Subcontractor and the Subcontractor waives and shall cause all applicable insurance carriers providing physical damage insurance on the crane to also waive all right of recovery against Indemnitees and all other parties with interest in the Project for all damages to the crane. A Form CG 2010 07 04 and CG 2037 07 04 edition, together as additional insured endorsements, or an equivalent endorsement acceptable to the Construction Manager and Owner, naming the Construction Manager and Indemnitees as additional insureds. 1.1.3 COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE on a current ISO coverage form or equivalent, covering all owned, non-owned and hired automobiles used in connection with Subcontractor’s performance hereunder, with the following minimum limits: Bodily Injury (including death) and Property Damage $1,000,000 per accident Without limitation, the policy must include coverage for bodily injury, death and property damage arising out of ownership, maintenance or use of any motorized vehicle on or off the Project site. If hauling of hazardous waste is part of the scope of the Work, Commercial Automobile Liability insurance with a $1,000,000 combined single limit per occurrence for bodily injury and property damage applicable to all hazardous waste hauling vehicles shall be required, which policy shall include an MCS 90 endorsement and the ISO Form CA 9948 (Pollution Liability Broadened Coverage for Business Automobile). 1.1.4 PROFESSIONAL LIABILITY INSURANCE shall be provided to the extent Subcontractor’s performance includes or requires professional services, including, without limitation, the stamping by a professional engineer (P.E.), with a minimum limit of $1,000,000.00. If Subcontractor utilizes testing companies or surveying companies, then Subcontractor also shall require such testing companies or surveying companies to obtain professional liability coverage with a minimum limit of $1,000,000 per claim. The professional liability insurance shall, at a minimum, have a retroactive date which is the same as or predates the commencement of the Subcontractor’s performance. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 14 1.1.5 POLLUTION LIABILITY for any Subcontractor’s whose work involves providing pollution services that include, but are not limited to, performing: investigation and characterization of contamination of land, groundwater or structures, demolition of structures, abatement of hazardous or regulated materials (Hazardous or regulated materials shall include, but are not limited to, asbestos, petroleum products, lead, mold, mercury or polychlorinated biphenyls ("PCBs")), remediation of contaminated soil or groundwater including transportation and disposal of contaminated media, installation or removal of underground storage tanks, or any storage, transportation or disposal of materials that are hazardous or regulated under environmental laws by the Subcontractor or by subcontractors on behalf of the Subcontractor’s behalf, the Subcontractor shall provide Contractor’s Pollution Liability Insurance, with limits of not less than $1,000,000 for each occurrence (providing coverage for liability arising from, or made worse by, the Work or the Subcontractor’s or its Sub-subcontractors’ construction activities, which insurance shall cover property damage, bodily injury (including death and disease), environmental damage, remediation, clean-up costs and defense costs). The Subcontractor’s pollution liability insurance shall insure against and provide coverage for property damage, abatement/cleanup, whether on or off of the Project site, as well as bodily injury, repair and defense costs resulting from liability arising out of pollution conditions, including exposures arising from any solid, liquid, gaseous or thermal pollutant, irritant or containment including smoke, vapors, odors, soot, fumes, acid, akalis, toxic chemicals, hazardous substances, electromagnetic fields, low level radioactive waste and material, mold matter, Legionella, and waste materials, including medical infectious and pathological waste. The Subcontractor’s pollution liability insurance must cover the liability of the Subcontractor during the process of construction, installation, removal, storage, encapsulation, loading, unloading, transport and disposal of hazardous materials or substances, and shall include coverage for bodily injury and loss of, damage to, or loss of use of property, arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, water materials or other irritants, contaminants or pollutants into or upon the Project site, the Project, the atmosphere, any water course or body of water. The Subcontractor must maintain, without interruption, its pollution liability insurance coverage and renew the pollution liability insurance policy annually from the date of commencement of the Work through and including the expiration of the applicable statute of repose. 1.1.6 RIGGERS LIABILITY INSURANCE: To the extent the Subcontractor’s Work requires it to provide a crane to hoist, lower or otherwise move a suspended load, then it shall provide riggers liability insurance. The limit for this coverage shall equal or exceed the full replacement cost value of the most expensive hoist intended to be made within its Scope of Work. This insurance shall name Construction Manager and Owner as loss payees to this insurance. 1.1.7 OWNED OR LEASED PROPERTY: It shall be Subcontractor’s sole responsibility to insure all property, tools, equipment and machinery owned, leased or rented by Subcontractor and used in its performance hereunder or brought to the Project. Subcontractor shall defend, indemnify, and hold Indemnitees and all other parties with interest in the Project harmless from any and all claims arising from the possession or use of such equipment, or from damage to such equipment. 1.1.8 The above insurance limits may be achieved by a combination of primary and EXCESS/UMBRELLA LIABILITY (that is not more restrictive than the primary insurance): Coverage shall be excess of the Employers Liability, Commercial General Liability, Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. Coverage shall drop down as primary on the exhaustion of any underlying policy limit specified herein. . Subcontractor shall maintain the Excess/Umbrella Liability coverage for 10 years after substantial completion and acceptance of the Project by the Owner. 1.2 GENERAL INSURANCE REQUIREMENTS 1.2.1 Additional Insureds. Construction Manager and Indemnitees (the "Additional Insureds") shall be listed as additional insureds on Subcontractor’s Commercial General Liability, Comprehensive Automobile Liability, and Excess/Umbrella Liability insurance policies. Each policy, including the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 15 Excess/Umbrella Liability policy, shall be endorsed to state that the insurance provided to the Additional Insureds is primary and non-contributory to any other insurance (including primary, excess, self-insurance, or on any other basis) available to the Additional Insureds. The coverage provided to the Additional Insureds must be at least as broad as that provided to the first named insured on each policy, subject to the terms and conditions of the specified additional insured endorsement. The additional insured endorsement must include coverage for any liability arising out of any operations, including Products and Completed Operations. In the event that any policy provided in compliance with this Exhibit states that the coverage provided to an Additional Insured shall be no broader than that required by contract, or words of similar meaning, the Parties agree that nothing in this Exhibit is intended to restrict or limit the breadth of such coverage. Additional insured status must be provided on forms of endorsement acceptable to the Owner. 1.2.2 Minimum Limits. The limits of insurance provided by Subcontractor shall be the greater of the limits maintained in the normal course of Subcontractor’s business or the minimum limits specified in this Exhibit. The limits of insurance stated above for each type of insurance are minimum limits only; in the event Subcontractor’s policy provides greater limits, then the additional insureds shall be entitled to, or to share in, the full limits of such policy. 1.2.3 Waivers of Subrogation. To the fullest extent permitted by law, all insurance Subcontractor furnishes in compliance with this Exhibit shall include a waiver of subrogation in favor of the Additional Insureds. 1.2.4 Evidence of Insurance. Before commencing performance hereunder and upon any renewal of the foregoing required policies of insurance, Subcontractor shall furnish, in form and substance satisfactory to Construction Manager, true and complete copies of the required policies, including, without limitation, all endorsements thereto, or, if acceptable to Construction Manager, in its sole discretion, certificates of insurance ("COIs"), declarations pages and additional insured endorsements, from each insurance company showing that the insurance required under this Exhibit is in force, and stating policy numbers, dates of expiration, and limits of liability thereunder. Subcontractor’s failure to provide copies of policies and/or COIs shall not relieve it of its responsibility to carry and maintain the insurance required by this Exhibit. 1.2.5 Notice of Cancellation. All policies required under this Exhibit shall contain a provision that the insurance will not be canceled or materially changed until the expiration of at least thirty (30) days after written notice of such cancellation or change has been mailed to and received by the Construction Manager and Owner, provided that only ten (10) days’ prior written notice shall be required of cancellation for non-payment of premium. 1.2.6 Deductibles and Self-Insured Retentions. Subcontractor shall be solely responsible for the payment of all deductibles and self-insured retentions. The coverage afforded to the Additional Insureds under the policies set forth in this Exhibit shall not be conditioned on the payment of any deductible or self-insured retention. 1.2.7 No Limitation. Nothing contained herein is to be construed to limit the type, quality or quantity of insurance Subcontractor shall procure and maintain or the extent of Subcontractor’s responsibility or liability for payment of damages resulting from the Work or Subcontractor’s performance or operations under this Agreement. 1.2.8 Legal Limits. IN THE EVENT THAT THE LAW OF THE STATE IN WHICH THE PROJECT IS LOCATED (OR APPLICABLE LAW) LIMITS THE APPLICABLITY OF ANY OF THE INSURANCE COVERAGE THAT CONSTRUCTION MANAGER MAY REQUIRE FROM SUBCONTRACTOR, THEN SUBCONTRACTOR SHALL BE REQUIRED TO OBTAIN COVERAGE TO THE FULLEST EXTENT OF COVERAGE AND LIMITS ALLOWED BY APPLICABLE LAW AND THIS EXHIBIT SHALL BE READ TO CONFORM TO SUCH LAW. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 42 Exhibit C A201–2017 (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Document A201® – 2017 General Conditions of the Contract for Construction Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. for the following PROJECT: (Name and location or address) New City Hall South Myrtle Avenue, Clearwater, Florida 33756 THE OWNER: (Name, legal status and address) City of Clearwater, a Florida Municipal Corporation 100 South Myrtle Avenue Clearwater, Florida 33756 THE ARCHITECT: (Name, legal status and address) Wannemacher Jensen Architects, Inc., a Florida corporation 132 Mirror Lake Drive North, Suite 301 Saint Petersburg, Florida 33701 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 2 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 3 INDEX (Topics and numbers in bold are Section headings.) NOTE: This index does not incorporate references to any alterations that have been made to the AIA Document A201-2017, General Conditions for the Contract for Construction. Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 4 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 5 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 6 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 7 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 8 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 9 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 10 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the "Agreement") and consist of the Agreement, these General Conditions of the Contract, any Supplementary and other Conditions identified in the Agreement, Drawings, Specifications, Addenda issued prior to execution of the Contract, if any, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A "Modification" is (1) a written amendment to the Contract signed by both Parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the "Contract" or "Contract for Construction". The Contract represents the entire and integrated agreement between the Parties and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, except as set forth in Sections 5.3 and 5.4, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. The Contract shall not be construed as conferring on any third parties any rights or claims against the Owner. § 1.1.3 The Work The term "Work" means the construction and services required of the Contractor by the Contract Documents (whether expressly or by reasonable inference), whether completed or partially completed, and includes all other labor, materials, supplies, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The "Project" is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The "Drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The "Specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service "Instruments of Service" are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The "Initial Decision Maker" is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. § 1.1.9 Product The term "product" includes materials, systems and equipment. § 1.1.10 Furnish The term "furnish" means to supply and deliver to the Project site, ready for unloading, unpacking, assembly, erection, placement or similar requirements. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 11 § 1.1.11 Install The term "install" means to unload, unpack, assemble, erect, place, finish, protect, adjust, and clean, or similar requirements. § 1.1.12 Provide The term "provide" means to furnish and install. § 1.1.13 Knowledge The terms "knowledge", "recognize" and "discover", their respective derivatives, and similar terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows, recognizes or discovers in exercising the care, skill and diligence required by the Contract Documents. Analogously, the expression "reasonably inferable" and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project and exercising the care, skill and diligence required of the Contractor by the Contract Documents. § 1.1.14 Party and Parties The term "Party" means each of the Owner and the Contractor, individually. The term "Parties" means the Owner and the Contractor, together. § 1.2 Correlation and Intent of the Contract Documents (Paragraphs deleted) § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of inconsistencies within or between parts of the Contract Documents, or between the Contract Documents and Applicable Laws (as defined in Section 3.1.13 of the Agreement) or applicable industry standards, the Contractor shall (i) provide the better quality or greater quantity of Work or (ii) comply with the more stringent requirement; either or both in accordance with the Architect’s interpretation. The terms and conditions of this Section 1.2.1, however, shall not relieve the Contractor of any of the obligations set forth in Sections 3.2, 3.4.2, or 3.7. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents, or the application thereof to any person or circumstance, violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the Parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.2.3.1 Whenever a product is specified in accordance with a Federal Specification, an ASTM Standard, an American National Standards Institute Specification, or other Association Standard, the Contractor shall present an affidavit from the manufacturer when requested by the Owner or the Architect certifying that the product complies with the particular standard or specification. When requested by the Owner or the Architect or otherwise required by the Contract Documents, support test data shall be submitted to substantiate compliance. If test data was not specified as a requirement in the Contract Documents, the cost associated with the testing, if any, shall be the basis of a Modification as provided in Article 7. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 12 § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service (Paragraphs deleted) § 1.5.1 Except to the extent transferred to the Owner in accordance with the Owner’s agreement(s) with the Architect, the Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Owner’s, Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. All copies of the Instruments of Service shall be returned to the Owner upon completion of the Work, provided, however, that the Contractor shall be entitled to retain one (1) set of Record Documents and Record Drawings. § 1.5.3 Upon execution of the Agreement, the Contractor grants to the Owner a fully-paid up, royalty free, perpetual and nonexclusive license to use the Contractor’s and Contractor’s Subcontractors’ and consultants’ representations, in any medium of expression now known or later developed, of the tangible and intangible creative work created, prepared or issued by the Contractor or its Subcontractors or consultants, for purposes of constructing, using, maintaining, altering and adding to the Project, including Shop Drawings, design drawings and specifications and electronic data for design-build systems delegated to the Contractor in the Contract Documents. The Contractor shall obtain similar nonexclusive licenses from the Contractor’s Subcontractors and consultants consistent with this Section. The license granted under this Section permits the Owner to authorize contractors, consultants and material and equipment suppliers, to reproduce applicable portions of such work product for use in performing services or construction for the Project. Project estimates by the Contractor are considered proprietary and confidential. In the event the Owner receives a written request for such Project estimates, the City shall provide the Contractor with written notice of such request such that the Contractor shall have an opportunity to redact any confidential and/or proprietary information prior to its disclosure. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one Party to notify or give notice to the other Party or a third party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 1.6.2 Notice of Claims as provided in Section 15.1.3, default, or termination shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the Party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. Further, in addition to sending such notice to the person designated as the Owner’s representative in the Agreement (or such other person as the Owner may later designate in writing), a copy of such notice by the Contractor to be valid must also be delivered to the Architect and to the City Attorney. § 1.7 Digital Data Use and Transmission The Parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraphs deleted) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 13 § 1.8 Intentionally Deleted ARTICLE 2 OWNER § 2.1 General (Paragraphs deleted) § 2.1.1 The "Owner" is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing one or more representatives who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The Owner may from time to time change its designated representative with ten (10) days’ prior written notice to the Contractor. The term "Owner" means the Owner or the Owner’s authorized representative. Notwithstanding anything in the Contract Documents to the contrary, for any decision, approval or consent of the Owner to be binding against the Owner it must be in writing and for any Modification that changes the Contract Sum or Contract Time to be valid it must be signed by either the Owner’s representative or the City Manager or City Attorney. § 2.1.2 Intentionally deleted. § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Upon written request by the Contractor, the Owner shall provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract, including, without limitation, that such funds for the Project have been encumbered in accordance with Applicable Laws. (Paragraphs deleted) § 2.2.2 Intentionally deleted. § 2.2.3 Intentionally deleted. § 2.2.4 Where the Owner has designated information furnished to the Contractor as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner (Paragraphs deleted) § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for development of real estate, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner has retained an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and general locations of known utilities for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner, except as otherwise provided therein or in the Contract, but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 14 relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, and any delay resulting from such work stoppage shall not extend any Milestone Date identified in the Contract for Construction or the required dates of Substantial Completion or Final Completion. Nothing herein shall be deemed to limit the Owner’s rights with respect to termination as set out in Article 14 herein. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a twenty-four (24) hour period in the event of an emergency threatening imminent harm to person or property, or otherwise within seven (7) days, after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. The Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses (including attorneys’ fees) and compensation for the Architect’s and other consultants’ additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. § 2.6 Rapid Response to Emergencies If the Contractor neglects to prosecute the Work properly or to perform any provision of the Contract Documents, or does, or omits to do, anything, whereby the safety or proper construction may be endangered or whereby damage or injury may result to person or property, then the Owner, after twenty-four (24) hours’ written notice to the Contractor, may, but shall not be obligated to, without prejudice to any other right or remedy of the Owner, take such action as the Owner deems necessary or desirable to endeavor to correct such condition, and may deduct the cost thereof from the amounts then due or thereafter due the Contractor. No action taken by the Owner pursuant to this Section 2.6 shall affect or diminish any of the Owner’s other rights or remedies under the Agreement, at law or in equity, nor shall it relieve the Contractor from any consequences or liabilities arising from its acts or omissions. § 2.7 Extent of Owner’s Rights The rights and remedies stated in this Article 2 and elsewhere in the Contract Documents are cumulative and not in limitation of any other rights and remedies of the Owner: (i) granted in the Contract Documents, (ii) at law, or (iii) in equity. In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority granted the Owner in the Contract Documents. ARTICLE 3 CONTRACTOR § 3.1 General (Paragraphs deleted) § 3.1.1 The "Contractor" (the terms "Contractor" and "Construction Manager" are intended to be interchangeable in the Agreement and these General Conditions of the Contract) is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under the Contract. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under the Contract. The Contractor may from time to time change DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 15 its designated representative with ten (10) days’ prior written notice to the Owner. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents, and also in accordance with approved submittals as provided in and subject to Section 3.12 below. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Owner or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.1.4 The Contractor shall coordinate and hold at least weekly jobsite meetings with the Architect, the Owner and representatives of such Subcontractors and suppliers as the Contractor or the Owner may reasonably deem advisable, for the purpose of: (a) reviewing status of the Work, (b) the progress of the Work as compared to the most recent construction schedule, (c) responses to submittals and requests for information, (d) proposed and pending Change Orders and Construction Change Directives, (e) Applications for Payment, (f) and other items relevant to the Project. The Contractor shall prepare an agenda for each such meeting and deliver the agenda at least three (3) business days in advance of the meeting and, after the meeting, shall prepare minutes of the meeting and deliver such minutes to the Owner and the Architect with reasonable promptness after the meeting. Further, the Contractor shall send a representative, with full authority to act on behalf of and bind the Contractor, to the foregoing weekly meetings and to such other meetings and conferences relating to any Work as may be requested from time to time by the Owner. § 3.1.5 Without limitation of the Contractor’s other coordination responsibilities, the Contractor shall coordinate the Contractor’s Work relating to the procurement and installation of furniture, fixtures and equipment, including IT equipment, with the Owner’s FF&E and IT planning departments. § 3.2 Review of Contract Documents and Field Conditions by Contractor (Paragraphs deleted) § 3.2.1 Execution of the GMP Amendment by the Contractor is a representation that the Contractor has visited and inspected the site, become familiar with local conditions under which the Work is to be performed, correlated personal observations with requirements of the Contract Documents, and evaluated and satisfied itself as to the condition and limitations under which the Work is to be performed, including: (a) the location, condition, layout and nature of the Project site and surrounding areas, including conditions bearing upon ingress to and egress from the Project site, delivery, handling and storage of materials, disposal of waste, availability of water and electric power, ground water table or similar physical conditions of the ground, the character, quality and quantity of surface and sub-surface conditions and materials to be encountered, and the character of equipment and facilities needed prior to and during the execution of the Work; (b) generally prevailing climatic conditions, (c) anticipated labor supply and costs, (d) availability and cost of materials, tools and equipment, and (e) all other matters which can in any way affect the Work or the cost thereof under this Contract. The Contractor shall locate prior to performing any Work all utility lines, telephone company lines and cables, sewer lines, water pipes, gas lines, electrical lines, and shall perform the Work in such a manner so as to avoid damaging any such lines, cables, and pipes. The Contractor shall be able to rely on survey information provided by the Owner as it relates to locating and avoiding damage to said utilities, except to the extent the Contractor knows such information to be inaccurate. As it relates to ground water table or similar physical conditions of the ground, the character, quality and quantity of surface and sub-surface conditions and materials to be encountered, the Contractor may rely of the geotechnical report provided by the Owner or its consultant, except to the extent Contractor knows such information to be inaccurate. The Contractor shall make reasonable assumptions based on the information in the report and shall request clarification of any ambiguity. The Owner shall not be required to make any adjustment in either the Guaranteed Maximum Price or Contract Time in connection with any failure by the Contractor or any Subcontractor to comply with the requirements of this Section 3.2.1 except as otherwise provided in Article 7. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting and while executing each portion of the Work: (a) carefully study and compare the various Contract Documents relative to that portion of the Work with the other Contract Documents and with information provided or otherwise reasonably available to the Contractor, (b) take field measurements of any existing conditions related to that portion of the Work, including existing structures, (c) confirm the accuracy of all grades, elevations, dimensions, and locations given on any Drawings and Specifications, and (d) in all cases of interconnection of its Work with existing or DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 16 other work, verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify such grades, elevations, dimensions, or locations shall be promptly rectified by the Contractor without additional cost to the Owner. Further, figures on Drawings take precedence over measurements by scale, and scaling is done at the Contractor’s own risk. The Contractor shall promptly notify the Owner and Architect in writing of any errors, inconsistencies or omissions, including omissions from the Drawings and Specifications of figures that are necessary to a clear understanding of the Work, that are discovered by or made known to the Contractor as a request for information in such form as the Owner or Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Failure of the Contractor to discover an error or omission of the Contract Documents shall not constitute a waiver of the Contractor’s right to an equitable adjustment in the Contract Sum or Contract Time to the extent permitted by, and subject to the requirements of, Section 7.5. § 3.2.2.1 The Owner shall not be responsible for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to existing underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems (collectively, "Underground Facilities") at or contiguous to the Project site. The Contractor shall: (a) review and check all such information and data; (b) locate all Underground Facilities shown on the Contract Documents; (c) coordinate the Work with the owners of such Underground Facilities during construction; and (d) provide for the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. If an Underground Facility is uncovered or revealed at or contiguous to the Project site which was not previously identified and accounted for by the Contract Documents, the Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency that threatens imminent damage to property or injury or death to person), identify the owner of such Underground Facility and give written notice to that owner and to the Owner and the Architect. § 3.2.2.2 The Contractor shall be responsible for laying out the site Work, shall protect and preserve reference points and property monuments, and shall make no changes or relocations without the prior written approval of the Owner and the Architect. The Contractor shall report to the Owner and the Architect whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. If Owner’s survey crew is assigned to the Project and there is excessive reference point replacement caused by the Contractor or those for whom the Contractor is responsible after initial lines and grades have been set, as determined by the Owner, the Contractor will be charged at the rate of $200.00 per hour, which shall be computed for actual time on the Project. All time shall be computed in one-hour increments with a minimum charge of one hour. § 3.2.2.3 All grade lines, levels and bench marks shall be established and maintained by the Contractor. The Contractor shall establish bench marks in no less than two widely separated locations. Bench marks established by others shall be verified and may be used for the Work but shall be maintained in correct position, and if moved or damaged, shall be replaced by a registered civil engineer or land surveyor at the expense of the Contractor. The Contractor shall submit certification by civil engineer for established building corners and finish floor elevations prior to commencing placement of the slab on grade. § 3.2.2.4 The Contractor shall be responsible for assuring that fill on the Site shall consist of well to moderately-well graded soils consistent with the Drawings and Specifications and acceptable to the Architect, consisting of sands, silts, non-plastic clays and gravel and shall be free from detrimental quantities of debris, muck, peat, roots, grass, leaves, humus, sewage and other organic material, clods, lumps, balls of clay, rocks, trees, stumps, branches, twigs, limbs, trash, refuse, development debris, non-plastic soils and frozen materials (collectively, "Unsuitable Materials") in accordance with the Architect’s instructions. The Contractor shall remove all Unsuitable Materials and deposit them in areas specified by the Owner. No Unsuitable Material shall be located within the boundary of a building pad or on pond banks that abut or are adjacent to a building pad. The Contractor shall compact all fill areas within the Project site as necessary in order to comply with the structural requirements set forth in the Drawings and Specifications. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 17 § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with Applicable Laws, but the Contractor shall promptly report to the Owner and Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Owner or Architect may require. (Paragraph deleted) § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Owner or Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit a PCO, ROM and COR in accordance with Section 7.5. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to Applicable Laws. § 3.2.5 The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect or to the Owner’s other consultants for evaluating and responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where the requested information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation. § 3.2.6 Notwithstanding anything herein to the contrary, the Contractor shall be responsible for the satisfactory and complete execution of the Work described in the Contract Documents. By executing the GMP Amendment, the Contractor shall be deemed to have represented that it has carefully examined all Drawings and Specifications for the Work to be performed, that it has made investigations essential to the construction methods for the Project, and that it has the experience to complete the Work in a good workmanlike manner in accordance with the Contract Documents without defects in materials or workmanship. The Owner and the Contractor acknowledge that questions may arise concerning the level and scope of performance required under the Contract Documents. The Owner and the Contractor will in good faith attempt to resolve such conflicts and uncertainties in a manner that is consistent with the design intent of the Contract Documents and without adjustment to the Guaranteed Maximum Price or Contract Time. § 3.3 Supervision and Construction Procedures (Paragraphs deleted) § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.3.4 The Contractor shall ensure that all material suppliers and Subcontractors, their agents and employees, adhere to the Contract Documents, and that they order materials on time, taking into account the current market and delivery conditions and that they provide materials on time. The Contractor shall require all Subcontractors have a competent supervisor assigned to the Project and who shall be on site whenever the Subcontractor’s work is being performed. The Contractor shall coordinate its Work with that of all others performing work for the Project, including deliveries, storage, installations and construction utilities. The Contractor shall be responsible for the space requirements, locations and routing of its equipment. § 3.3.5 The Contractor shall prepare and maintain daily reports recording the date, weather conditions, deliveries received, Subcontractors on site, general description of work accomplished, problems or conflicts in the field, and other important details. Said reports shall be maintained at the job site in an orderly manner and available to the Owner, the Architect, and the Owner’s representatives for review at any time. The Contractor shall submit the format of such daily report to the Owner for approval prior to commencement of the Work. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 18 § 3.3.6 Upon Contractor’s receipt of Direct Purchase Materials (as provided in Section 4.1.7 of the Agreement), the Contractor shall promptly notify the Owner in writing of any known damage to defects in the Direct Purchase Materials, failing which the Contractor shall bear full responsibility for removing the damaged and/or defective Direct Purchase Materials, for procuring and installing replacement materials or equipment, and for remedying losses and damage arising from or relating to same as the Contractor’s expense, and without adjustment in either the Guaranteed Maximum Price or Contract Time. § 3.3.7 All Work shall be executed in a neat, skillful workmanlike manner in accordance with the best recognized trade practices in the area in which the Project is being constructed. § 3.4 Labor and Materials (Paragraphs deleted) § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. If the Contractor desires to submit or submits an alternate product or method in lieu of what has been specified in the Contract Documents, subsections 3.4.2.1 and 3.4.2.2 apply. § 3.4.2.1 The Contractor must submit to the Architect and the Owner (a) a full explanation of the proposed substitution and submittal of all supporting data including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures, and other like information necessary for a complete evaluation of the substitution; (b) a written explanation of the reasons for the substitution is advantageous and necessary, including the benefits to the Owner and the Work in the event the substitution is acceptable; (c) the adjustment, if any, in the Guaranteed Maximum Price, in the event the substitution is acceptable; (d) the adjustment, if any, in the time of completion of the Work and the construction schedule in the event the substitution is acceptable, and (e) an affidavit stating that the proposed substitution meets all requirements of the pertinent Specifications and the requirements shown on the Drawings, and the Contractor accepts the warranty and correction obligations in connection with the proposed substitution as if originally specified by the Architect. Proposals for substitutions shall be submitted in triplicate to the Architect and Owner in sufficient time to allow them no less than ten (10) business days for review. No substitutions will be considered or allowed without the Contractor’s submittal of complete substantiating data and information as stated herein. § 3.4.2.2 In addition to and without limitation of the requirements of subsection 3.4.2.1, by making requests for substitutions, the Contractor: (a) represents that it has investigated the proposed substitute product and determined that it appears equal or superior in all respects to that specified; (b) represents that it believes itwill provide the same or better warranty for the substitution as it would have provided for the product specified and the manufacturer will provide the same or better warranty for the substituted product; (c) certifies that the cost data presented is complete and includes all related costs for the substituted product and for Work that must be changed as a result of the substitution, except for the Architect’s redesign costs, and waives all claims for additional costs related to the substitution that subsequently become apparent; and (d) shall coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. The Contractor shall also be responsible for labor peace on the Project and shall at all times use its best efforts and judgment as an experienced contractor to adopt and implement policies and practices designed to avoid work stoppages, slowdowns, disputes or strikes where reasonably possible and practical under the circumstances and shall at all times maintain Project-wide harmony. The Contractor shall be responsible to control any labor disputes that may arise among its employees or the employees of its Subcontractors. Only competent laborers who satisfactorily perform their duties shall be employed on Work. When requested by the Owner or Architect, the Contractor, without entitlement to adjustment of the GMP or Contract Time, shall discharge and shall DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 19 not reemploy on work any person who commits trespass or who is, in the Owner’s opinion, disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable. § 3.4.3.1 The Contractor shall be responsible to the Owner for all actions, omissions, breaches, negligence, recklessness and misconduct of the Contractor’s Subcontractors, Sub-subcontractors, materialmen, or agents of any tier or their respective employees. § 3.4.3.2 At the Owner’s request, the Contractor, without additional cost to the Owner and without any increase of the Contract Time, shall reassign, replace or remove from the Project site any of the Contractor’s or its Subcontractors’ personnel who, in the Owner’s opinion, acting in good faith, (a) negatively affect (i) the efficiency or safety of the Project or (ii) the timely progress or completion of the Work, or (b) who have (i) acted in a threatening or offensive manner or (ii) who have otherwise committed a violation of the Owner’s job site policies. § 3.4.4 Materials shall be installed in accordance with manufacturer’s directions, unless the Contract Documents indicate otherwise. All packaged materials shall be shipped to the site in the original containers clearly labeled, and delivery slips can be submitted with bulk materials identifying thereon the source and warranting quality and compliance with Contract Documents. The Contractor shall check all materials and services to be incorporated into the Work, including quality and quantity. All materials delivered to the job site shall be so stored and handled as to preclude inclusion of foreign substance or causing any unwanted discoloration therein and to prevent any damage thereto which might reduce the materials’ effectiveness as part of the Work. § 3.5 Warranty (Paragraphs deleted) § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work that the Contract Documents expressly require or expressly permit, if any, and will be performed in a good and workmanlike manner an in compliance with Applicable Laws. The Contractor is not responsible for ensuring that the design meets Applicable Laws. Work, materials, or equipment (including items specified as sole source) not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. Further, the Contractor hereby assigns to the Owner, on a non-exclusive basis, all third-party warranties pertaining to the Work and the materials and equipment incorporated therein that are not issued in the name of the Owner, including warranties of all Subcontractors and suppliers, and, upon completion of the Work, as a condition to final payment, the Contractor shall deliver to the Owner all such warranty documents. The Contractor shall perform the Work in such manner so as to preserve all such warranties. All warranty periods shall commence as of the date of Substantial Completion unless otherwise provided in the Certificate of Substantial Completion (as provided in Section 9.8.4). All manufacturer warranties shall be: (i) for a minimum of one (1) year for parts and labor (and for HVAC equipment, such longer manufacturer warranties as provided by such manufacturer) and (ii) endorsed to provide that the warranty shall recommence and be reinstated in full in connection with, and on completion of, any corrective work required in connection with any item covered by such warranty. § 3.5.3 The Contractor’s warranties given herein are not in derogation of such longer warranties as may be provided by the Contractor’s Subcontractors, suppliers and the manufacturers of equipment and materials incorporated into the Project. Further, the Contractor’s warranties will not be affected or limited by the terms of any manufacturer’s warranty that has lesser terms or otherwise, except as otherwise permitted by the Contract Documents. The Contractor is responsible for ensuring that all warranties and guarantees required by the Contract Documents for materials, systems, equipment and work provided to and incorporated into the Work shall be issued in the name of and for the benefit of the Owner. The Contractor shall perform the Work in such a manner so as to preserve any and all such warranties. The Contractor shall assist the Owner without additional charge in asserting manufacturer and other third party warranty claims. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 20 § 3.5.4 The Contractor is responsible for any Subcontractor’s nonperformance of warranty Work. The refusal of a Subcontractor or supplier to correct defective Work for which it is responsible will not excuse the Contractor from performing under the Contractor’s warranty. § 3.5.5 As a condition precedent to final payment under the Contract, the Contractor shall deliver to the Owner one (1) bound volume and one (1) digital copy of all guarantees and warranties on material furnished by all manufacturers and suppliers to the Contractor and its Subcontractors, with duly-executed instruments properly assigning the guarantees and warranties to the Owner. The guarantees and warranties in each bound volume shall be grouped together by trade and properly indexed. The Contractor shall obtain from manufacturers and suppliers, the guarantees and warranties according to the Contract terms . The documentation must also clearly describe proper operational and maintenance activities required to sustain said warranties. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted as of the date of the GMP Amendment, whether or not yet effective or merely scheduled to go into effect, including all taxes, withholdings, contributions and/or premiums payable in respect of its employees or on its operations, including under workers’ compensation laws, unemployment compensation laws, the Federal Social Security Act, health and welfare benefit plans, gross business taxes, sales and use taxes and any other taxes, contributions and/or premiums which are payable by the employees. The Contractor shall provide reasonable evidence to the Owner to substantiate the Contractor’s compliance with this Section. § 3.7 Permits, Fees, Notices and Compliance with Laws (Paragraphs deleted) § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work, including all inspections by government authorities required for certificates of occupancy, and all charges for all approvals for street closings, parking meter removal or rental, and other similar matters as may be necessary or appropriate from time-to-time for the performance of the Work. § 3.7.2 The Contractor shall comply with and give notices required by Applicable Laws, shall make copies of such notices available to the Owner and its representatives, and shall pay all fines, penalties and interest levied as a result of such Work. Without limitation of the foregoing, the Contractor shall fully comply with and remain in full compliance with the Immigration and Control Act of 1986 as applicable to the Contractor, including all required employment and identity verification procedures and record keeping requirements. In the event the Contractor fails to comply in any respect with the applicable requirements of Applicable Laws, including the Immigration Reform and Control Act of 1986, the Contractor shall indemnify and hold harmless the Owner for all penalties, fines, charges, assessments, claims, demands, actions, or causes of action by the United States Government or by any other entity or person. Further, the Contractor shall pay any expenses, including attorneys’ fees, incurred by the Owner as a result such failure to comply with Applicable Laws and all penalties and interest levied or assessed as a result thereof by applicable governmental authorities. § 3.7.3 If the Contractor performs Work knowing it to be contrary to Applicable Laws, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction, which costs shall not be a Cost of the Work and shall not entitle the Contractor to adjustment of the Guaranteed Maximum Price. The Contractor is not responsible for ensuring that the design meets Applicable Laws. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents and are not the Contractor’s responsibility to identify and address under the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents and are not the Contractor’s responsibility to identify and address under the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than five (5) business days after first observance of the conditions. The Owner and/or Architect will promptly investigate such conditions. If the Contractor believes such conditions differ materially and are not the Contractor’s responsibility to identify and address under the Contract DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 21 Documents and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall submit a PCO, ROM and COR in accordance with Section 7.5. (Paragraph deleted) § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Guaranteed Maximum Price and Contract Time arising from the existence of such remains or features may be made as provided in Section 7.5. § 3.7.6 The Contractor warrants it is familiar with Applicable Laws concerning the recognition, handling and disposal of waste materials and rubbish and it will obey all such Applicable Laws. The Contractor shall provide to the Owner copies of all manifests and disposal records required by any Applicable Laws for any hazardous or other substances that have been handled or disposed by or through the Contractor. § 3.8 Allowances (Paragraphs deleted) § 3.8.1 The Contractor shall include in the Guaranteed Maximum Price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. Only items clearly specified as "allowances" in the Contract Documents shall be deemed allowances for purposes of this Section 3.8. For the avoidance of doubt, allowances shall be stated in such detail as required by the Owner to show how or for what the allowance amounts are designated. Further, allowances shall be shown as separate line items in the schedule of values and shall not be included in other GMP line items. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Guaranteed Maximum Price but not in the allowances; and .3 whenever costs are more than or less than allowances, the Guaranteed Maximum Price shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness after the Contractor notifies the Owner of the need to make a selection. § 3.8.4 The Contractor shall submit a written proposal to the Owner of the costs associated with an allowance before incurring any such costs. Under no circumstances shall the Contractor incur any costs related to an allowance on behalf of the Owner without the prior written authorization of the Owner. § 3.9 Superintendent (Paragraphs deleted) § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Owner or Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of both the Owner and Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 22 § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s written request or consent, which shall not unreasonably be withheld or delayed. § 3.9.4 If, in the opinion of the Owner, the Contractor’s superintendent, any other personnel of the Contractor or Subcontractors, or any laborers by whomever employed, are not qualified to supervise or perform work considered as first class quality for the area, or do not conduct themselves in a proper manner, or are interfering with the operations of any facility on or adjacent on the site of the Work, the Contractor shall cause such persons(s) to be replaced with qualified personnel immediately upon written notice from the Owner, without any additional cost to the Owner and without extension of the Contract Time. Neither the Owner’s rights herein, nor the Owner’s exercise or failure to exercise such rights, shall relieve the Contractor of the obligations to select, assign, and supervise competent and qualified personnel or otherwise make the Owner responsible for original or replacement personnel. § 3.10 Contractor’s Construction and Submittal Schedules (Paragraphs deleted) § 3.10.1 The Contractor, as a part of the Contractor’s Guaranteed Maximum Price proposal, shall submit Contractor’s initial construction schedule for the Work. This schedule and all updates thereto shall contain detail appropriate for the Project, be maintained in Primavera P6 with full backup (.xer) files, including (1) the date of commencement of the Work, interim schedule milestone dates, the date of Substantial Completion, and the dates for completion of punch list work and the closeout requirements; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule, including all updates thereto, shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. The Contractor’s construction schedule, including all updates thereto, shall include all significant activities required to complete the Work, including all field tasks, significant material deliveries, other off-site constraints such as permits, inspections, approvals, and milestones for start dates, completion dates and availability dates, and other activities the Contractor, the Owner, or the Architect deem significant. The construction schedule shall be in time-scaled precedence format with the critical path clearly indicated, and shall indicate Float (as defined in Section 8.2.4 below) values. Tasks shall be broken down into activities that allow monitoring their monthly progress. The Contractor shall submit monthly an updated schedule accurately reflecting progress achieved and any changes in the Contractor’s planned activities. The Contractor shall give specific notice to the Owner and its consultants of any material change in the logic of the schedule or any part thereof, or the removal of any critical restraints, or the material deduction of any duration. If any schedule update shows that the progress of the Work is delayed in comparison to the construction schedule, the Contractor shall, if required by the Owner, provide a proposed "recovery schedule" showing how the Contractor proposes to correct the delay, including overtime and additional labor. No schedule updates shall modify any milestone dates identified as a "Milestone Date" ("Milestone Dates")in the initial construction schedule or subsequently agreed to by the Parties in any update thereto, the Contract Time, the Substantial Completion Date, or the Final Completion Date, unless the Parties execute a Change Order which modifies the Contract Time. § 3.10.2 The Contractor, promptly after execution of the GMP Amendment and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) indicate the dates each specific Shop Drawing or sample required by the Contract Documents will be submitted for approval (2) be coordinated with the Contractor’s construction schedule and otherwise allow for orderly review of submittals by the Architect and its Consultants, and (3) allow the Architect reasonable time (such time to be agreed upon in the submittal schedule) to review submittals, including reasonable added time according to the number or complexity of drawings in each submittal and for checking, correction and rechecking or corrections, as well as for return of approved or rejected Shop Drawings and samples to the Contractor and, in turn, to any Subcontractor. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Guaranteed Maximum Price or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect and approved by the Owner, provided that no such schedule may adjust the Milestone Dates, Contract Time, the Substantial Completion Date, or the Final Completion Date without the Owner’s written approval pursuant to a Change Order or Construction Change Directive. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 23 § 3.10.4 In the event the performance of the Work, as of a Milestone Date, as such Milestone Date may have been adjusted in accordance with the Contract Documents, has not progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment and facilities, and (iii) other similar measures (hereinafter referred to as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor’s compliance with the construction schedule. Unless the delay giving rise to the need for Extraordinary Measures is a delay for which the Contractor is entitled to an increase in the Guaranteed Maximum Price pursuant to Section 8.3.3 below, the Contractor shall not be entitled to an adjustment of the Guaranteed Maximum Price in connection with Extraordinary Measures required by the Owner under or pursuant to this Section 3.10.4. The Owner may exercise the rights furnished the Owner under or pursuant to this Section 3.10.4 as frequently as the Owner deems necessary to ensure that the Contractor’s performance of the Work will comply with any Milestone Dates or completion deadlines set forth in the Contract Documents. § 3.10.5 In addition to construction schedule updates, the Contractor shall deliver to the Owner and the Architect monthly written reports on the progress of the entire Work with each Application for Payment. The progress report shall specify, among other things, a narrative summary of the Work performed and significant events occurring during the month, an estimated percentage of completion, whether the Project is on schedule and, if not, the reasons for the delay and a recovery schedule, as well as the projected Work to be completed the following month. § 3.10.6 By submitting the initial construction schedule and each update thereto, the Contractor shall be deemed to warrant that the schedule has been prepared in good faith, is accurate to the best of the Contractor’s knowledge and the Owner may rely thereon in regard to any and all decisions or actions by the Owner in regard to the Project. § 3.11 Documents and Samples at the Site § 3.11.1 The Contractor shall maintain at the Project site and shall make available to the Owner and the Architect: (a) one copy of the Architect’s record Drawings marked-up to show "as-built" information as provided in this Section ("As-Built Drawings"), and (b) Specifications, Addenda, requests for information and responses thereto, bulletins, Change Orders and other Modifications to the Contract Documents, approved Shop Drawings and a log of such Shop Drawings, Product Data, Samples and mock-ups, permits, inspection reports, test results, daily reports, field notes, accident reports, schedules, subcontracts, and purchase orders (collectively, "Record Documents"), in good order. The As-Built Drawings shall be prepared and continuously updated during the prosecution of the Work but no less than once per month. The As-Built Drawings will be a set of electronic prints of the record Drawings provided by the Architect to the Contractor at the start of construction. The Contractor shall maintain said set in good condition and shall use colored markings or some other method acceptable to the Owner to mark-up said set with "as-built" information in a legible manner to show: (a) deviations from the Drawings made during construction; (b) details in the Work not previously shown; (c) changes to existing conditions or existing conditions found to differ from those shown on any existing Drawings; (d) the actual installed position of equipment, piping, conduits, light switches, electric fixtures, circuiting, ducts, dampers, access panels, control valves, drains, openings, and stub outs; and (e) such other information as either the Owner or the Architect may reasonably request (collectively, "Updated Information"). Additionally, the Contractor shall cooperate and coordinate with the Architect concerning the maintenance of a building information model (BIM) for the Project in format acceptable to the Owner that shall be continuously updated to show all Updated Information. For design-build and/or design-assist systems, the Contractor shall continuously update As-Built Drawings reflecting the as-built condition of design-build and/or design-assist systems. § 3.11.2 The Contractor’s obligation to make As-Built Drawings and Record Documents, updated with current Project information, available for inspection by the Owner, the Architect, and their respective consultants, shall be a condition precedent to Owner’s duty to process payment applications. The Contractor, as part of the Guaranteed Maximum Price, as a precondition to Final Completion, or upon earlier termination of the Agreement, and as a condition precedent to the certifying of the final payment under the Contract, shall forward to the Owner and Architect electronic copies of the As-Built Drawings and Record Documents in hard copy, .pdf format, and such other format as the Owner requires, along with a certification that such As-Built Drawings and Record Documents are true, correct and complete to the best of the Contractor’s knowledge, information and belief. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 24 § 3.11.3 The Contractor shall prepare an as-built per chapter 5J-17.052, Florida Administrative Code (see definition below), signed and sealed by a Florida registered land surveyor (the "As-Built Survey"). 5J-17.050 Definition: (10)(a) As-Built Survey: a survey performed to obtain horizontal and/or vertical dimensional data so that constructed improvements may be located and delineated: also known as Record Survey. This As-Built Survey shall be clearly titled "AS-BUILT SURVEY" and shall be signed and sealed by a Florida registered land surveyor. The As-Built Survey must be delivered to the Owner of Clearwater Construction Division upon Substantial Completion of the Project. If this condition is not met, the Owner may procure the services of a Professional Surveyor and Mapper registered in the State of Florida and will charge back to the Contractor a fee of $1,800 per day or any portion thereof to provide the Owner with the required As-Built Survey. § 3.12 Shop Drawings, Product Data and Samples (Paragraphs deleted) § 3.12.1 "Shop Drawings" are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (Paragraph deleted) § 3.12.3 "Samples" and mock-ups are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. Required mock-ups shall be provided in the Contract Documents. (Paragraph deleted) § 3.12.3.1 Prior to constructing the building slab, the Contractor shall build a mockup using selected products depicting examples of each element of the exterior of the Project, which shall be installed progressively to include all exterior components, including, without limitation, framing, finishes, damp proofing, water proofing, insulation, flashing, and fenestrations. The requirements of the mockup shall be specified in the Contract Documents. § 3.12.3.2 Interior mockups shall be completed in two phases of delivery. The building is under frame, the Contractor shall provide physical finished Samples of all components of the interior. The Samples shall be no smaller than 24" x 24" or a 24" section of framed components. Each product is to have installed the final finishes planned for the building. When not pre-finished by the manufacturer, the selected Subcontractor shall install the finish to compliance with the Contract Documents. Wood products for millwork, trim and doors shall be of the selected type and sawing profile. (Paragraph deleted) § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. All Shop Drawings shall (i) comply with performance specifications and other criteria established by the Architect, (ii) comply with all governmental requirements; and (iii) permit the Work, when completed, to perform as specified by the Contract Documents. Shop Drawings shall be modified at no cost to the Owner as necessary to obtain any permits or approvals and as required to comply with any requirement of the Contract Documents. The Contractor is not responsible for ensuring that the design meets Applicable Laws. (Paragraph deleted) § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect (with copies to the Owner), Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 25 the activities of the Owner or of Separate Contractors. Shop Drawings found to be inaccurate or otherwise in error are to be returned for correction before submittal to the Architect. The Contractor shall verify the Shop Drawings of all Subcontractors or trades for interrelated work, as required for proper and complete performance of the Work. All Shop Drawings submitted by the Contractor shall be stamped by the Contractor with the wording "APPROVED FOR SUBMITTAL" or marked through some other means to clearly indicate to the Architect the submittals have been reviewed and approved by the Contractor and the date of submittal. Submittals not conforming to all the foregoing or which are not marked as received for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. Contractor shall be responsible for any delay as a result of any improper submittal. (Paragraph deleted) § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them for the purpose described in Section 3.12.5, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. (Paragraphs deleted) § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved in writing by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work (e.g. design-build and/or design-assist systems delegated to the Contractor) or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of Applicable Laws. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, unless the Contract Documents otherwise specify or require, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional and who shall comply with reasonable requirements of the Owner regarding qualifications and insurance. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy (unless the Contract Documents impose upon the Contractor the obligation to specify the performance or design criteria). Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 26 § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Owner and Architect at the time and in the form specified by the Architect. § 3.12.11 The Contractor shall make submittals in the manner and number of copies specified in the Contract Documents. The Contractor shall furnish required submittals with complete information and accuracy in order to achieve required approval of an item within two (2) submittals. Owner reserves the right to charge back to the Contractor for Owner’s costs for resubmittals that account for a number greater than thirty-five percent (35%) of the total number of first-time submittals, per the approved initial submittal schedule. Owner reserves the right to charge back to the Contractor for all third submittals, provided the Contractor is at fault for the initial submittals. The number of first-time submittals shall be equal to the number of submittals agreed to by the Owner and Contractor. All costs to Owner involved with subsequent submittal of Shop Drawings, Samples or other items requiring approval will be charged back to the Contractor at the rate of 1.0 times direct technical labor cost by deducting such costs from payments due the Contractor for Work completed. In the event that the Contractor requests a substitution for a previously approved item, all of Owner’s costs in the reviewing and approval of the substitution will be back charged to the Contractor, unless the need for such substitution is beyond the control of the Contractor. § 3.12.12 The Architect’s review or approval of Shop Drawings and samples shall not be construed as authorizing additional work or increased cost to the Owner, as all changes to the Work, Contract Sum and Contract Time may only be made by a duly-executed Modification. § 3.12.13 Substitutions of material or equipment on an "or equal" basis shall not be proposed or requested in Shop Drawings or sample submittals unless (a) approval is requested within thirty (30) days after award of any subcontract, and (b) the Contractor provides the Owner and Architect with supporting data and documentation compliant with Sections 3.4.2 and 7.1.4 herein. Samples may not be employed in the Work without the expressed written permission of the Architect. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by Applicable Laws and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 As part of the Contractor’s Guaranteed Maximum Price proposal, the Contractor shall deliver to the Owner and the Architect a proposed logistics plan that, among other things, shows the proposed locations for the parking of the Contractor’s and its Subcontractors’ and suppliers’ and their respective personnel’s vehicles and the storage and staging of materials and equipment to be incorporated into, or used in connection with, the Work. Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, damage, and all other adversity is solely the responsibility of the Contractor. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials, and equipment likely to cause hazardous conditions. § 3.13.3 The Contractor shall use best efforts to minimize any interference with the occupancy or beneficial use of (i) any areas and buildings adjacent to the site of the Work and (ii) the building in the event of partial occupancy, as more specifically described in Section 9.9. § 3.13.4 The Contractor shall comply with all rules and regulations promulgated by the Owner and communicated to the Contractor in connection with the use and occupancy of the Project site and structures, as amended from time to time. The Contractor shall immediately notify the Owner in writing if during the performance of the Work, the Contractor finds compliance of any portion of such rules and regulations to be impracticable, setting forth the problems of such compliance and suggesting alternatives through which the same results intended by such portions of the rules and regulations can be achieved. The Owner may, in the Owner’s sole discretion, adopt such suggestions, develop new alternatives or require compliance with the existing requirements of the rules and regulations. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 27 § 3.13.5 Neither the Contractor nor any entity for whom the Contractor is responsible shall erect any sign on the Project site without the prior written consent of the Owner, which may be withheld, conditioned or delayed in the sole direction of the Owner. § 3.14 Cutting and Patching (Paragraphs deleted) § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly and to the Owner’s and the Architect’s reasonable satisfaction. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with the prior written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up (Paragraphs deleted) § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project, and, as applicable (a) remove putty stains from glazing, then wash and polish glazing; (b) remove marks, stains, fingerprints and other soil or dirt from painted, stained or decorated work; (c) remove temporary protection and clean; (d) clean and polish hardware and plumbing trim; (e) remove stains, dust, dirt, plaster and paint; (f) remove spots, soil, plaster and paint from, and clean, all marble, granite, wood work, and tile; (g) clean all fixtures and equipment, remove excess lubrication, clean light fixtures and lamps, and polish metal surfaces, (h) vacuum-clean carpeted surfaces; (i) clean windows, sliding doors and window and door frames, and (j) remove debris from drainage system, service area and service elevator. The Contractor shall be responsible for the coordination and direction of the cleanup and maintenance work of all trades. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. In the event the Owner undertakes the removal of same from the Project site, such removal will in no way qualify or limit the Contractor’s obligations under the Contract Documents, including the Contractor’s indemnity obligation under Section 3.18 hereof. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Indemnitees harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, made known to, or reasonably should be known to the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Owner and Architect. § 3.18 Indemnification (Paragraphs deleted) § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its officers, directors and employees (collectively, "Indemnitees") from liabilities, damages, losses and costs, including reasonable attorney’s fees (collectively, "Indemnity Claims"), arising out of or resulting from performance of the Work, including Indemnity Claims attributable to bodily injury, sickness, disease or death, or to damage to or destruction of tangible property (other than to the Work itself that is covered by the Owner’s property DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 28 insurance required by the Contract), but only to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Contract, regardless of whether or not such Indemnity Claim is caused in part by any act, omission, or default of an Indemnitee arising out of the Contract or its performance, provided that the Contractor shall not be obligated to indemnify the Indemnitees to the extent a court of competent jurisdiction determines (on a comparative negligence basis) that the Indemnity Claim was caused by the act, omission or default of an Indemnitee arising out of the Contract or its performance. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an Indemnitee. The Owner and the Contractor acknowledge and agree that Section 725.06, Florida Statutes, does not require a monetary limitation on the extent of the indemnification provisions of this Section 3.18. If, notwithstanding this agreement, a court of competent jurisdiction determines that a monetary limitation on the extent of indemnification required under this Section 3.18 is required to make the provisions of this Section 3.18 enforceable, the specifications for the Project shall be deemed to include a monetary limitation on the extent of the indemnification required by this Section 3.18 equal to the greater of, on a per occurrence basis: (a) the Guaranteed Maximum Price, or (b) the amount of all deductibles and self-insured retentions applicable to the Contractor’s insurance policy or policies applicable to such Indemnity Claim(s) plus the amount of insurance proceeds paid or payable under the Contractor’s insurance policy or policies required to be maintained by the Contract applicable to such Indemnity Claims, and the Contractor and the Owner expressly agree that this monetary limit bears a reasonable commercial relationship to the Contract. The Contractor’s indemnification obligations under the Contract, including those in this Section, shall be deemed to fully comply with Sections 725.06 and 725.08, Florida Statutes, to the extent applicable, including any amendments thereto, in all respects. If any word, clause or provision of any of the indemnification provisions of the Contract is determined by a court of competent jurisdiction not to be in compliance with Sections 725.06 and 725.08, Florida Statutes, to the extent applicable, including any amendments thereto, it shall be deemed stricken and the remaining words, clauses, and provisions shall remain in full force and effect. To the greatest extent permitted by Applicable Laws, the Contractor waives for itself and its insurers any and all claims that the indemnification obligations under the Contract violate Applicable Laws. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. § 3.18.3 The Contractor’s indemnity obligations shall also specifically include all fines, penalties, damages, liabilities, costs, expenses (including reasonable attorneys’ fees and court costs), and punitive damages (if any) arising out of, or in connection with, any (a) violation of or failure by the Contractor or its Subcontractors to comply with any law, statute, ordinance, rule, regulation, code or requirement of a public authority that bears upon the performance of the Work by the Contractor, a Subcontractor, or any person or entity for whom any of them is responsible, (b) means, methods, techniques, procedures or sequences of execution or performance of the Work, and (c) failure to secure and pay for permits, fees, approvals, licenses, and inspections as required of the Contractor under the Contract, or any violation of any permit or other approval of a public authority applicable to the Work, by the Contractor, a Subcontractor, or any person for whom any of them is responsible. § 3.18.4 The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by the Contractor of the tender of any Indemnity Claim from an Indemnitee which under the written content of the claimant’s description of its claim reasonably appears to be within the Contractor’s indemnification obligation. By proceeding to defend an Indemnity Claim, the Contractor shall not be deemed to have admitted to an obligation to provide indemnification and defense and Contractor may provide a defense under a written reservation of rights. Should the Contractor breach its defense and indemnity obligations, the Owner may, and without relieving the Contractor of its indemnity obligations, assume any defense obligation and try or settle such claim, and the Contractor: (1) shall reimburse the Owner for all costs and expenses incurred or paid by any Indemnitee in such defense, settlement, trial or arbitration, and (2) pay any judgment or award obtained against the Indemnitees or any of them to the extent the Contractor is responsible pursuant to the Contract Documents. This provision is separate and distinct from, and in addition to, any other provision, paragraph or section in the Contract Documents, including any provision, paragraph or section concerning indemnification and procurement of insurance. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 29 § 3.18.5 In cases where more than one of the Contractor and/or any of its Subcontractors are responsible in part for an Indemnity Claim, all of such parties shall be jointly and severally responsible to the Indemnitees for the indemnification, defense and hold harmless obligations hereunder. § 3.18.6 The provisions of Sections 3.17 and 3.18 shall survive Substantial Completion and Final Completion of the Work, and the termination or expiration of this Contract, and no payment or partial payment shall waive or release any rights afforded by Sections 3.17 and 3.18. ARTICLE 4 ARCHITECT § 4.1 General (Paragraphs deleted) § 4.1.1 The "Architect" is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 At the Owner’s discretion, the duties of the Architect described herein, other than those that require licensure as an architect under applicable law, may be performed by the Owner or the Owner’s other designated representative (e.g., the role of reviewing and certifying Applications for Payment and approving Change Orders). The Owner may do so by providing the Contractor written notice of any such role which the Owner or other designated representative is to assume. Neither this nor any other provision of the Contract Documents shall be deemed to relieve the Architect of its obligations to the Owner under the separate agreement between the Owner and the Architect. § 4.2 Administration of the Contract (Paragraphs deleted) § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become familiar with the progress and quality of the portion of the Work completed, and to determine if the Work observed is being performed in a manner indicating that the Work is being performed in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall promptly notify the Architect of all communications between them that relate to or affect the Architect’s services or professional responsibilities. Communications by and with the Architect’s consultants shall be through the Architect. Contractor shall make all communications with the Owner through the Owner’s authorized representatives. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. (Paragraphs deleted) § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 30 § 4.2.6 The Architect has authority to recommend rejection of Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will recommend that the Owner require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. Review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12 and shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. Approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 At the Owner’s request, the Architect will prepare Change Orders and Construction Change Directives, and the Architect with the Owner’s written consent may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of Final Completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will provide a written opinion on matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. The Contractor shall copy the Owner’s Representative on any such written requests to the Architect submitted pursuant to this Section, and decisions of the Owner’s Representative shall take precedence over the decisions of the Architect in the event of conflict with opinions of the Architect. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Owner’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 31 ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions (Paragraphs deleted) § 5.1.1 A "Subcontractor" is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A "Sub-subcontractor" is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work (Paragraphs deleted) § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including, as to proposed self-performed Work the Contractor, and those who are to furnish materials or equipment fabricated to a special design. Within fourteen (14) days of receipt of the information, the Owner or Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of both the Owner and Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. The Owner’s recommendation and/or approval of a Subcontractor or supplier is for its own benefit and in no way shall make the Owner responsible for such Subcontractor or supplier or make the Owner responsible for the means and methods of performing the Work. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner and the Architect have no reasonable objection. The Contractor shall not award subcontracts to, person or entities to whom the Owner has objected. If after award of a subcontract, the Owner objects to a person of or entity to whom the Owner has previously consented, the Guaranteed Maximum Price and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Guaranteed Maximum Price or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. The Contractor shall cause the Contract to be incorporated by reference in all agreements entered into between it and its Subcontractors, such that the terms and conditions of the Contract flow down to and bind all Subcontractors, whether specifically required or not by any provision of the Contract Documents except as it relates to conditions precedent to payment terms that are more stringent than this Contract. Additionally, unless otherwise agreed by the Owner in writing, each subcontract agreement shall require or provide that: (a) nothing in the Contract Documents will create a contractual relationship between the Owner and a DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 32 Subcontractor unless the Owner elects to accept contingent assignment of the Subcontract as provided in Section 5.4 below, (b) the Owner and its successors and assigns, if any, are each intended third-party beneficiaries of the subcontract having a direct right of action against the Subcontractor for breaches of warranties; (c) the Work being performed pursuant to such subcontract, as the case may be, shall be performed in accordance with the requirements of the Contract Documents; (d) the Subcontractor shall submit Applications for Payment in form acceptable to the Owner, together with reasonable backup and supporting information, which will be consistent with each Subcontractor having a stipulated sum subcontract price and not a cost-plus subcontract price; (e) the Subcontractor’s obligations to indemnify, defend and hold harmless the Indemnitees shall be at least as broad as the Contractor’s obligations hereunder; (f) each Subcontractor shall maintain insurance coverage as provided in the Contract Documents, shall deliver to the Owner required certificates of such coverage, and, upon Owner’s request, shall provide copies of such insurance policies, and if not included in such policies, additional insured endorsements, to Owner; (g) each Subcontractor and supplier shall continue to perform under its subcontract if the Contract is terminated and if Owner takes an assignment of the subcontract or supply agreement and requests the Subcontractor or supplier to continue such performance, in which event the Subcontractors’ and vendors’ rights and claims as against the Owner shall be limited as provided below in Section 5.4.2; (h) the termination and suspension provisions set forth in Article 14 below are included; and (i) the Subcontractor shall resolve all disputes involving the Owner in the same manner as provided in the Agreement. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. The Contractor shall deliver copies of all signed subcontracts and purchase orders with Subcontractors and suppliers to the Owner promptly after the full execution thereof. § 5.4 Contingent Assignment of Subcontracts (Paragraphs deleted) § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, (a) the Owner assumes all of the Contractor’s rights under the subcontract, and (b) the Owner assumes all of the Contractor’s obligations under the subcontract that accrue after the date of assignment. The Contractor shall indemnify and hold harmless the Owner from any expenses or liability arising from or related to Work by any Subcontractor prior to the date of assignment, and from any Subcontractor rights or claims accruing prior to the date of assignment except only if and to the limited extent such Subcontractor claims include amounts the Owner undisputedly owed but failed to pay to the Contractor in accordance with the Contract. § 5.4.2 Each subcontract shall specifically provide that (a) the Owner shall only be responsible to the Subcontractor for those obligations of the Contractor that accrue subsequent to the date of assignment of such subcontract, and (b) to the fullest extent permitted by law, the Subcontractor hereby waives and releases all rights and claims against the Owner for those obligations of the Contractor that accrue prior to the date of assignment of such subcontract. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts (Paragraphs deleted) § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 33 § 6.1.2 The Owner shall require that its Separate Contractors maintain liability insurance appropriate to the work provided by such Separate Contractors in such amounts as determined by the Owner to be reasonable but similar to the requirements of the Contractor. However, nothing herein shall make the Owner responsible or liable to the Contractor for the Owner’s Separate Contractors’ failure to maintain required insurance. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility (Paragraphs deleted) § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Owner and Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Owner and Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s: (a) delays that delay the critical path of the Work, (b) improperly timed activities that delay the critical path of the Work, and (c) damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Owner will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General (Paragraphs deleted) § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. Except as permitted in Section 7.3 and Subsection 9.7.2, a change in the Guaranteed Maximum Price or Contract Time shall be accomplished only by a Change Order. Accordingly, no course of conduct or dealings between the Parties, nor express or implied acceptance DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 34 of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration of or addition to the Work, whether or not there is, in fact, any unjust enrichment, shall be a basis of any claim to an increase in any amounts due under the Contract Documents or a change in any time period . § 7.1.2 A Change Order shall be based upon agreement between the Owner and Contractor. A Construction Change Directive requires agreement by the Owner and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone, subject to the Owner’s prior written approval. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.1.4 In order to facilitate checking of quotations for extras or credits, all proposals (including as part of CORs, as defined below in Section 7.5) shall be accompanied by a complete itemization of both budgeted costs and actual costs, including labor hours, labor burden and labor rates used, and material, equipment, and subcontract costs, all of which shall be broken down by CSI Division (or by line item in the approved Schedule of Values, if different) and supported by Subcontractor and supplier quotes and other actual cost documentation, and such other supporting documentation and information as reasonably requested by the Owner or the Architect. Where major cost items are subcontracts, they shall be itemized also. § 7.2 Change Orders (Paragraphs deleted) § 7.2.1 A Change Order is a written instrument prepared by the Contractor or the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Guaranteed Maximum Price; and .3 The extent of the adjustment, if any, in the Contract Time. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including all direct and indirect costs associated with such change and any and all adjustments to the GMP and Contract Time, except to the extent clearly specified otherwise in the Change Order. § 7.3 Construction Change Directives (Paragraphs deleted) § 7.3.1 A Construction Change Directive is a written order signed by the Owner and, if required by the Owner, the Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Guaranteed Maximum Price or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Guaranteed Maximum Price and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Guaranteed Maximum Price, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost of the Work for the changed Work to be determined in a manner specified in the Agreement or as otherwise agreed upon by the Parties in writing and a fixed or percentage fee as set forth in the Agreement; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Guaranteed Maximum Price, the Owner shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including an amount for the Contractor’s Fee as set forth in the Agreement. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 35 Owner may prescribe, an itemized accounting together with appropriate supporting data, including that required by Section 7.1.4. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the Cost of the Work for the changed Work as set forth in the Agreement. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15 subject to the Contractor’s compliance with notice requirements and other preconditions to and limitations on claims for adjustment in the Contract Time in the Contract. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and notify the Owner and Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Guaranteed Maximum Price or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Guaranteed Maximum Price and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Guaranteed Maximum Price shall be actual net cost as confirmed by the Owner as set forth in Section 7.3.4 and Contractor’s Fee thereon. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for the Contractor’s Fee shall be figured on the basis of net increase or decrease with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Owner will make an interim determination for purposes of monthly certification for payment for those costs and permit the Architect to certify for payment the amount that the Owner determines, in the Owner’s reasonable judgment, to be reasonably justified. The Owner’s interim determination of cost shall adjust the Guaranteed Maximum Price on the same basis as a Change Order, subject to the right of the Contractor to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Owner concerning the adjustments in the Guaranteed Maximum Price and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Contractor, or at the Owner’s request, the Architect, will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect, with the Owner’s prior written approval, may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Guaranteed Maximum Price or extension of the Contract Time. § 7.5 If the Contractor becomes aware of any circumstance that may be a change in the scope of the Work, or of an act or failure to act by the Owner, the Architect, or the Owner’s other consultants, that in the Contractor’s opinion justifies a change to the Guaranteed Maximum Price or Contract Time, or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, then the Contractor must within five (5) business days submit a written Notice of Potential Change Order (a "PCO") to the Owner and the Architect, in the form attached as an exhibit to the Agreement, advising the Owner of the potential change and specifying the reasons for such proposed change and the anticipated time and cost impacts. The Contractor shall submit a written Rough Order of Magnitude ("ROM"), which shall include a more detailed description of the changed Work, an estimated price for such changed Work and estimated adjustment to the Contract Time related to such changed Work, together with any substantiating data required by Sections 7.1.4 or 15.1.6, or otherwise required by the Owner or the Architect, within ten (10) business days after delivery of the PCO. The Contractor shall promptly submit a written DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 36 Change Order Request ("COR"), which shall include a final detailed description of the changed Work, a final price proposal for such changed Work and any requested adjustment of the Contract Time, together with any additional substantiating data required by Sections 7.1.4 and 15.1.6 not previously delivered to the Owner, or otherwise required by the Owner or the Architect. The Contractor shall clearly label PCOs, ROMs and CORs as such when submitting them to the Owner. In the event that the scope of changed Work, the price of such changed Work and the time impact of such changed Work is known within the time for submitting an ROM, the Contractor may elect not to deliver to the Owner an ROM but rather proceed directly to the delivery to the Owner of a COR within the time for delivery of an ROM. The Contractor may request additional compensation and/or time through a COR but not for instances that the Contractor knew or reasonably should have known occurred more than twenty-one (21) calendar days prior to the date an ROM or COR (if the Contractor elects to deliver a COR within such twenty-one (21) calendar-day period) is submitted. The Contractor’s failure to deliver a ROM or COR within such periods shall be deemed a waiver of the right to adjustment of the Guaranteed Maximum Price or the Contract Time for the alleged change. Any COR that is approved by the Owner will be incorporated in a Change Order or Construction Change Directive. If the Owner determines that the Work in question is not a change in the scope of the Work and the COR is denied but the Contractor believes that it does have merit, the Contractor may submit a Claim in accordance with the procedures set forth herein. The time frames in this Section 7.5 shall control over those specified in Article 15. Further, notwithstanding anything herein to the contrary, the Contractor must comply with the provisions of this Section 7.5 as a condition to entitlement to any Claim for an increase in the Contract Time or Guaranteed Maximum Price. § 7.6 The Owner may issue a request, in writing, to the Contractor, describing a proposed change to the Work and requesting the Contractor submit an itemized proposal in a format acceptable to the Owner within ten (10) business days after the Owner issues the request. The Contractor’s proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs and the Contractor’s proposed methods to minimize costs, delay and disruption to the performance of the Work. If the Contractor fails to submit a written proposal or request additional time for submitting the proposal within the 10-business day time period, then the Owner may send a subsequent written notice to the Contractor requesting the Contractor’s proposal. If the Contractor fails to submit a written proposal or request for additional time for submitting the proposal within ten (10) business days after receipt of such subsequent written notice, it shall be presumed that the change described in the Owner’s request for a proposed change will not result in a modification to the Guaranteed Maximum Price or Contract Time and the change shall be performed by the Contractor without additional compensation. The Owner’s request for a proposed change does not authorize the Contractor to commence performance of the change, unless otherwise specified in writing. If the Owner decides that the proposed change shall be performed, the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth above. § 7.7 The Contractor shall make a good faith determination of the validity of the nature and amount of changes requested by Subcontractors before passing through such requests to the Owner. It is the Contractor’s responsibility to check all Subcontractor and supplier questions for correctness, completeness, detail and fairness before submitting to the Owner. ARTICLE 8 TIME § 8.1 Definitions (Paragraphs deleted) § 8.1.1 Unless otherwise provided, "Contract Time" is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date established in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion (Paragraphs deleted) § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 37 § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time and Final Completion by the Final Completion Date. § 8.2.4 In performing any critical path method (CPM) analysis relating to the Work, float or slack time ("Float") associated with one chain of activities is defined as the amount of time between earliest start date and latest start date or between earliest finish date and latest finish date for such activities, as described in the approved construction schedule for the Work, including any revisions or updates to the schedule. The Project owns the Float, which means Float is not for the exclusive use of any of the Parties and it serves whoever needs it first as long as it is used in good faith. § 8.3 Delays and Extensions of Time (Paragraphs deleted) § 8.3.1 If the Contractor is delayed at any time in the critical path of the Work by (1) an act or neglect of the Owner, a Separate Contractor, or the Architect, of an employee of either, or of a Separate Contractor; (2) changes ordered in the Work; (3) labor disputes, government shut downs for pandemics, epidemics or similar events, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) delay authorized by the Owner pending mediation and binding dispute resolution; or (5) other causes beyond the Contractor’s control that the Contractor asserts, and the Owner determines, justify delay, then the Contract Time shall be extended by Change Order or Construction Change Directive to the extent such delay will prevent the Contractor from achieving Substantial Completion within the Contract Time (or, in the case of Final Completion after having achieved Substantial Completion, delay the Contractor in achieving Final Completion by the Final Completion Date) and by exercise of reasonable diligent effort, the Contractor is unable to prevent or overcome. However, adjustments in the Contract Time (or Final Completion Date) will be permitted for a delay only to the extent such delay (a) is not caused by the acts, omissions, or other fault of the Contractor, any Subcontractors or vendors of any tier, any of their employees, or anyone else for whom any of them is responsible, and was not reasonably anticipatable by any of them at the time of execution of the Guaranteed Maximum Price amendment, (b) could not be limited or avoided by the Contractor’s timely notice to the Owner of the delay or reasonable likelihood that the delay will occur, (c) delays the critical path of the Work, and (d) written notice is provided to the Owner and the Architect in writing within five (5) business days after Contractor knows of the commencement of each such delay. For the avoidance of doubt, the preceding notice requirement only pertains to notice of the delay, not a Change Order or Claim based thereon (which Change Orders and Claims are subject to the notice provisions of Section 7.5 and Article 15). To the extent the Contractor is entitled under the Contract Documents to an extension of time due to a delay, but the performance of the Work is independently suspended, delayed, or interrupted during the same time period by a delay for which the Contractor is not entitled to an extension of time, that period of delay shall be deemed to be a "Concurrent Delay." In the case of a Concurrent Delay, the Contractor shall be entitled to an extension of the Contract Time but the Contractor shall not be entitled to any additional compensation whatsoever during the period of Concurrent Delay. The Contractor shall take all reasonable steps to mitigate the impact of any delays, however caused, regardless of whether the Contractor might otherwise be entitled to adjustment of the Contract Sum or Contract Time for such delays. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 7.5 and Article 15. § 8.3.3 Notwithstanding anything herein to the contrary, an adjustment in the Guaranteed Maximum Price shall only be allowed for delays for which, pursuant to Section 8.3.1, the Contractor is entitled to an extension of the Contract Time but not for Concurrent Delays, and such adjustment under or pursuant to this Section 8.3.3 shall be limited to adjustment of General Conditions Costs as provided in Section 6.1.7 of the Agreement. The Contractor waives and releases any and all other rights to reimbursement or other compensation for time related losses and expenses, whether direct or indirect, and other delay-related rights and claims, including: (1) Contractor’s Fee markup on extended General Conditions Costs, (2) loss of anticipated profit, (3) indirect expenses, (4) impact costs, (5) loss of productivity, (6) inefficiency costs, (7) home-office overhead, (8) consequential damages, including loss of bonding capacity, loss of bidding opportunities and insolvency; and (9) attorneys’ fees, claims preparation expenses, and all other costs of dispute resolution. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 38 § 8.3.4 While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for, and the Contractor shall not be entitled to, an adjustment of the GMP or to any additional costs or damages, including claims for increased or extended General Conditions Costs or any other general requirements costs, home office overhead, jobsite overhead and management or administrative costs, or compensation whatsoever for use of Float or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including delay caused by Owner. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum (Paragraphs deleted) § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values The Contractor shall submit a schedule of values to the Architect and the Owner before the first Application for Payment for the Owner’s review and approval, which shall allocate the entire Guaranteed Maximum Price to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Owner. The most recent schedule of values approved by the Owner (i.e. the "Schedule of Values") shall be used as a basis for reviewing the Contractor’s Applications for Payment. The Schedule of Values shall be updated each month by the Contractor, subject to the Owner’s review and written approval, to reflect all approved Change Orders and Construction Change Directives which may have been issued by the Owner during the period covered by the current Application for Payment. Any changes to the Schedule of Values shall be submitted to the Owner and Architect and supported by such data to substantiate its accuracy as the Owner or Architect may require. Without limiting the foregoing, Schedule of Values line items and line-item amounts shall not be modified by the Contractor unless the Owner executes a Change Order or Construction Change Directing expressly authorizing specified additions, deletions or revisions to specific Schedule of Values line items and/or line-item amounts. § 9.3 Applications for Payment (Paragraphs deleted) § 9.3.1 At the times established in the Agreement therefor, the Contractor shall submit to the Owner and Architect an itemized Application for Payment prepared in accordance with the approved Schedule of Values for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage as provided for in the Contract Documents. Upon request of the Owner, Contractor shall provide a certified statement accounting for the disbursement of funds received from the Owner, which shall itemize all disbursements to Subcontractors and suppliers and shall be accompanied by copies of Subcontractor payment vouchers, suppliers’ invoices, payrolls, and other data substantiating actual expenditures. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Owner, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier because of a dispute or any other reason, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents or approved by the Owner in writing, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 39 Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment (Paragraphs deleted) § 9.4.1 The Architect will, within ten(10) days after receipt of the Contractor’s properly completed Application for Payment and all supporting documentation and information required by the Contract Documents, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification (Paragraphs deleted) § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, and the Owner may withhold a payment, or because of subsequently discovered evidence, offset against any current payment otherwise due amounts previously paid, to such extent as may be necessary in the Architect’s or the Owner’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third-party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Guaranteed Maximum Price (in which event no additional payments will be due the Contractor hereunder unless and until the Contractor, at its sole cost, performs a sufficient portion of the Work so that the portion of the Guaranteed Maximum Price then remaining unpaid is sufficient to complete the Work); .5 damage to the Owner or a Separate Contractor; DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 40 .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either Party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that Party may submit a Claim in accordance with Article 15. No interest shall be payable to the Contractor for amounts properly withheld pursuant to Section 9.5.1. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment, or the Owner withholds payment, under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. Further, the Owner may, in its sole discretion, issue joint checks to the Contractor and to any Subcontractor or supplier as provided in preceding Section 9.5.4, for any reason other than that specified in Section 9.5.1.3, upon five (5) days prior written notice to the Contractor. If the Owner makes payments by joint check, (a) the Owner shall notify the Architect, (b) such amount shall be credited against any payment due to the Contractor hereunder and the Owner shall be relieved and released from the obligation to make such payment to the Contractor, and (c) the Contractor shall reflect such payment on its next Application for Payment. The Owner’s reserved right to issue joint checks shall not be construed as imposing any obligation upon the Owner to do so. The Owner’s exercise of its right to make payment by joint check to particular Subcontractors or suppliers shall not be construed as imposing any obligation upon the Owner to make such payments to other Subcontractors or suppliers. The Owner’s exercise of its right to make payments by joint check to some or all Subcontractors or suppliers during particular pay periods shall not be construed as imposing any obligation upon the Owner to make such payments to such Subcontractors or suppliers for other pay periods. § 9.6 Progress Payments (Paragraphs deleted) § 9.6.1 After the Architect has issued a Certificate for Payment, subject to the satisfaction of all other conditions precedent to payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven (7) days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Guaranteed Maximum Price, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 41 herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend, indemnify and hold harmless the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If any lien or liens are claimed on the Owner’s or any other person’s or entity’s property by any person or entity as a result of the Work, to the extent of payments received by Contractor, Contractor shall cause the lien or liens to be satisfied or transferred to other security in accordance with Section 713.24, Florida Statutes. If the Contractor fails to do so within twenty (20) days after receiving notice of such lien or claim of lien, the Owner may take such action as it deems advisable to protect itself from such lien or claim of lien and the Contractor shall pay to the Owner the reasonable amounts incurred by the Owner, including reasonable attorneys’ fees in taking such protective action. The obligations of the Contractor under this Section 9.6.8 are in addition to and in no way to be construed as a limitation of the obligations of the Contractor’s or any Subcontractors’ surety under any payment bond. § 9.7 Failure of Payment § 9.7.1 If the Owner does not pay the Contractor within the time period established in the Contract Documents the undisputed amount due the Contractor, then the Contractor may, upon seven (7) days’ notice to the Owner and Architect, stop the Work until payment of the undisputed amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the reasonable amount of the Contractor’s out-of-pocket costs necessarily incurred as a direct result of shutdown, delay and start-up, subject to the preconditions and limitations of Sections 7.5, 8.3 and other provisions of the Contract. § 9.7.2 If the Owner is entitled to reimbursement or payment from the Contractor pursuant to the Contract Documents, such payment shall be made within ten (10) days after the Owner’s written demand (unless a different time for such payment is expressly provided for in the Contract Documents). Notwithstanding anything in the Contract Documents to the contrary, if the Contractor fails to timely make any payment due the Owner or if the Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, the Owner shall have the right to offset such amount against the Guaranteed Maximum Price and may elect either to: (a) deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner, or (b) issue a written notice to the Contractor reducing the Guaranteed Maximum Price by an amount equal to that which the Owner is entitled. § 9.8 Substantial Completion (Paragraphs deleted) § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can lawfully occupy or utilize the Work for its intended use without material interference from unfinished or improperly finished items of Work and the Owner has accepted the Work as evidenced by the delivery from the Owner to the Contractor of a Certificate of Acceptance in form acceptable to the Owner; provided, however, (and without limitation) as conditions precedent to Substantial Completion, (a)the Owner must have received all required permits, approvals, licenses and other documents from any authority having jurisdiction thereof necessary to allow the Owner to occupy and operate the Project for its intended use, (b) all Project systems included in the Work are operational, and (c) all necessary instruction and training has been provided to the Owner’s personnel. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to Owner and the Architect a comprehensive a proposed "Deficiency List" setting forth any items that are incomplete or found not to be done in accordance with the Contract Documents. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. In connection with the preparation of the Deficiency List, the Contractor shall communicate with applicable Subcontractors to identify and explain all items that are found to be defective, incomplete or otherwise not in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s proposed Deficiency List (as provided in Section 9.8.2 above), the Architect (and, at the Owner’s option, the Owner) will make an inspection to determine whether the Work, or designated portion DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 42 thereof, is substantially complete and make any revisions to the proposed Deficiency List determined to be necessary and issue a list as the formal punch list (the "Punch List"). If such inspection discloses any item, whether or not included on the Contractor’s Deficiency List, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall complete or correct such item upon notification by the Owner or Architect as a precondition to issuance of a Certificate of Substantial Completion. In such case, the Contractor shall then submit a request for another inspection by the Architect (and, at the Owner’s option, the Owner) to determine Substantial Completion. If more than two (2) inspections by the Architect are required for the same portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents, or more than two (2) inspections by the Architect for any portion of the Work are required to determine whether completion of the same Punch List has been achieved, the Owner may require the Contractor to pay for any extra fees charged by the Architect for such additional inspections unless such additional inspections are required due to no fault of the Contractor or those for whom the Contractor is responsible. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the Punch List accompanying the Certificate to include other items identified by the Owner or the Architect as requiring completion or correction (but minor enough so as not to preclude determination of Substantial Completion), such that the revised list does not constitute an additional punch list as defined in the Florida Prompt Payment Act. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents in accordance with Section 11.1.8.3 of the Agreement. § 9.9 Partial Occupancy or Use (Paragraphs deleted) § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion of the Work, which the Owner has agreed in writing to accept separately, to be substantially complete (which, without limitation, requires a temporary or permanent Certificate of Occupancy for such portion from the governing authorities having jurisdiction over the Work and that all mechanical and electrical work be complete and functional within such portion of the Work), the Contractor shall prepare and submit a list to the Owner and Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Owner. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Further, partial occupancy shall not: (1) constitute final acceptance of any Work or (2) relieve the Contractor for responsibility for loss or damage because of or arising out of defects in, or malfunctioning of, any Work, material, or equipment, nor from any other unfulfilled obligations or responsibilities under the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 43 § 9.10 Final Completion and Final Payment (Paragraphs deleted) § 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect (and, at the Owner’s option, the Owner) will promptly make such inspection. When the Owner and Architect find the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation by the Architect that all conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Final payment shall not become due until all conditions precedent to final payment set forth in the Contract have occurred or been satisfied and the Contractor submits to the Owner and Architect (1) a duly executed and notarized Contractor’s Final Payment Affidavit in statutory form confirming that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, (6) with the Owner’s maintenance personnel, the Contractor shall have directed the checkout and/or commissioning of utilities, operations systems, and equipment for readiness, and assisted in their initial start-up and testing, and performed training as required by the Contract Documents for same (including videotaping of such training for archival purposes) and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted, provided that all other conditions precedent to final payment have occurred or been satisfied. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Owner and Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances and unsettled; .2 failure of the Work to comply; .3 terms of special warranties; .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment; .5 the Contractor’s indemnification obligations under the Contract; or, .6 any of other provisions of the Contract that expressly or by their nature shall survive termination or expiration of the Contract. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 44 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract and for providing a safe workplace for performance of the Work, including devising a Project-specific safety program with a qualified and dedicated safety representative. The review of any safety plan by the Owner or Architect shall not, and shall not be deemed to, release the Contractor or in any way diminish its liability, by way of indemnity or otherwise, as assumed by it under the Contract Documents. The Contractor expressly agrees that it is in charge of and in control of the Work and that it shall have sole exclusive responsibility to comply with the requirements of any and all Applicable Laws pertaining thereto. The Owner and the Architect are not in charge of the Work or in control of the execution of the Work. The Contractor shall, and shall cause its Subcontractors and suppliers to (in connection with any Work), comply with all Applicable Laws bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2 Safety of Persons and Property (Paragraphs deleted) § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by Applicable Laws bearing on safety of persons or property or their protection from damage, injury, or loss. Without limitation of the foregoing, the Contractor shall, and shall cause its employees, agents (including Subcontractors) and other representatives to, comply with the requirements of the Occupational Safety and Health Act of 1970, as amended, and similar Applicable Laws. The Contractor shall be deemed the "employer" within the meaning of such Applicable Laws, and neither the Owner nor its consultants shall be responsible for any OSHA non-compliance in connection with performance of the Work. The Contractor shall notify the Owner immediately in the event of an Occupational Safety and Health Administration inspection when no Owner personnel are on site. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. Further, the Contractor shall employ all necessary measures to protect adjoining adjacent property and shall provide barricades, temporary fences and covered walkways required to protect the safety of passersby, as required by prudent construction practices, the Contract Documents and Applicable Laws. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified and licensed personnel. Without limitation of the foregoing, the Contractor is solely responsible for maintaining and implementing at the Project site a "Hot Works Program" at no additional cost or charge to the Owner to fully protect against a loss resulting from work being performed that includes an open flame or producing heat or sparks, or both, including when welding, cutting, brazing, grinding, soldering, or using a torch to thaw piping or to heat material. The "Hot Works Program" shall at the very least require at a minimum precautionary safeguard checklists and proper instruction on the implementation to monitor and safeguard the area where work is being performed. § 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Sections 10.2.1.2 and 10.2.1.3 (other than damage or loss insured under property insurance required of the Owner under the Contract Documents) caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 45 attributable to the fault or negligence of the Contractor or anyone for whom the Contractor is responsible or liable. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. Without limitation, when required by Applicable Laws or for the safety of the Work, the Contractor shall shore up, brace, underpin, and protect foundations and other portions of existing structures which are in any way affected by the Work. The Contractor, before commencement of any part of the Work, shall give any notices required to be given to adjoining landowners or other parties. § 10.2.8 Injury or Damage to Person or Property If either Party suffers injury or damage to person or property because of an act or omission of the other Party, or of others for whose acts such Party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other Party within a reasonable time not exceeding ten (10) business days after discovery. The notice shall provide sufficient detail to enable the other Party to investigate the matter. Further, the Contractor shall promptly report in writing to the Owner and Architect all accidents which cause death, bodily injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious bodily injuries or serious property damage occur, the Contractor shall immediately report the accident by telephone or messenger to the Owner and Architect. § 10.3 Hazardous Materials and Substances (Paragraphs deleted) § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and otherwise concealed and not disclosed, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up, subject to the provisions and limitations of Articles 7 and 8. As used herein, the term "rendered harmless" shall be interpreted to mean that levels of asbestos, polychlorinated biphenyl (PCB) or any hazardous materials are less than any applicable exposure standards set forth in EPA and OSHA regulations. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, and the employees of any of them from and against claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the hazardous material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to non-compliance with Section 10.3.4 below or otherwise is due to the fault or negligence of the Contractor, Subcontractors, or the employees of any of them. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 46 § 10.3.4 The Contractor shall not knowingly use or permit the use of any hazardous substance at the Project site without the express written consent of the Owner. The Contractor agrees not to use any fill or other materials to be incorporated into the Work which are hazardous, toxic or comprised of any items that are hazardous or toxic. The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor or anyone for whom the Contractor is responsible or liable brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without fault or negligence on the part of the Contractor or anyone for whom the Contractor is responsible, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.3.7 The Contractor shall provide the Owner with Material Safety Data Sheets for all hazardous substances prior to bringing such materials to the Project site. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act promptly, at the Contractor’s reasonable discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Articles 7, 8 and 15. § 10.5 Mold, Mildew, Fungi and Other Airborne Microbial Conditions The Contractor shall perform the Work with all reasonable steps and precautions to minimize as much as reasonably practicable potential danger to person or property exposed to mold, mildew, fungi, or other microbial conditions, including Aspergillosis ("Airborne Fungi") caused by the Contractor’s performance of the Work. Without limitation, the Contractor shall comply with all Applicable Laws relating to: (1) the inspection for, (2) testing of, and (3) control of any mold, fungi, or other microbial contamination that is created by the Contractor or anyone for whom the Contractor is responsible for during the course of the Work, without additional charge or expense to Owner. For the avoidance of doubt, Applicable Laws include: (a) all of the requirements of the current Federal Occupational Safety and Health Act ("Act"), as well as any amendments thereto and all regulations promulgated under the Act, (b) all guidelines developed by the U.S. Environmental Protection Agency, (c) all orders of public authorities having jurisdiction, (d) all statutes regulating the licensure of persons or business entities engaged in the control or remediation of mold, fungi, or other microbial contamination, and (e) the Infection Control Risk Assessment ("ICRA") standards and requirements for the Project. The Contractor shall be responsible for all damages caused by any Airborne Fungi arising from or created by the Contractor’s or its Subcontractors’ negligence or wrongful actions and shall indemnify and hold harmless Indemnitees from and against any and all claims, damages, losses or expenses, including attorneys’ fees, associated with any actual or alleged bodily injuries or property damage sustained by any person, arising out of or in consequence of Airborne Fungi to the extent caused by or created by the Contractor’s or its Subcontractors’ negligence or wrongful actions. Upon the discovery of any such contamination, the Contractor shall immediately provide written notice to Owner and any insurance carrier(s) providing applicable coverage. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds (Paragraphs deleted) § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Indemnitees shall be included as additional insureds under the Contractor’s commercial general liability policy and as DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 47 otherwise described in the Contract Documents. The amount of the insurance liability under this insurance policy shall not be reduced by the existence of other insurance. Information concerning reduction of coverage shall be furnished by the Contractor promptly but in no event later than three (3) business days after the Contractor obtains knowledge that coverage either will be reduced or has been reduced. Insurance coverage required in this Contract shall be additional security for the obligations assumed by the Contractor and in no event shall the types or limits of coverage required be deemed to limit any obligations or liabilities assumed under this Contract. The carrying of insurance shall not be deemed to release the Contractor or in any way diminish its liability or obligations, by way of indemnity or otherwise, under the Contract Documents. If the Contractor fails to purchase and maintain any insurance required under the Contract Documents, the Owner may but shall not be obligated to, upon three (3) business days prior written notice to the Contractor, purchase such insurance on behalf of the Contractor, and shall be entitled to be reimbursed by the Contractor upon demand for the costs incurred by the Owner to procure such insurance. In no event shall any failure of the Owner to receive required evidence of insurance or to demand receipt of evidence prior to the Contractor’s commencing the Work be construed as a waiver by the Owner of the Contractor’s obligations to obtain insurance pursuant to the Contract Documents. The obligation to procure and maintain insurance required by the Contract Documents is a separate responsibility of the Contractor and independent of its duty to furnish the required evidence of such insurance policies. The delivery of the required evidence of insurance is a condition precedent to the Owner’s obligation to make payments. In the event of any conflict or inconsistency in the insurance requirements of the Contractor under the Contract Documents, the Contractor shall deliver prompt written notice to the Owner, but shall provide the insurance that meets the higher standard or better quality unless otherwise agreed in writing by the Owner. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation, expiration or non-renewal of, or material adverse change to, any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.1.5 The Contractor shall cause each Subcontractor to purchase and maintain the insurance as is required of the Subcontractors under the Contract Documents. The coverage afforded under any insurance policy obtained under or pursuant to the Contract Documents shall be primary to and non-contributory with any valid and collectible insurance carried separately by any of the additional insureds. If the additional insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurance liability under this insurance policy shall not be reduced by the existence of other insurance. § 11.2 Owner’s Insurance (Paragraphs deleted) § 11.2.1 The Owner shall purchase and maintain property insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in Exhibit B to the Agreement. The Owner shall purchase and maintain the required property insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of such notice from the Owner, the Contractor may delay commencement of the Work and may, after the expiration of five (5) business days’ prior written notice to the Owner, obtain insurance that will protect DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 48 the interests of the Owner, the Contractor, Subcontractors, and Sub-subcontractors in the Work. The cost of such insurance obtained by the Contractor shall be charged to the Owner by an appropriate Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto that would have been covered and paid by the insurance required of the Owner. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within five (5) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required of the Owner by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; and (2) after five (5) business days prior written notice to the Owner, obtain replacement coverage, the cost of which shall be charged to the Owner by an appropriate Change Order. § 11.3 Waivers of Subrogation (Paragraph deleted) § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent of insurance proceeds received for those losses from property insurance required by the Contract or other property insurance applicable to the Project. Notwithstanding the foregoing, the insurer providing the property insurance (including Builder’s Risk insurance) may be subrogated to all of the Owner’s rights of recovery against: (a) any architect or engineer, whether named as an insured or not, for any loss or damage arising out of the performance of professional services in their capacity as such and caused by an error, omission, deficiency or act of the architect or engineer, by any person employed by them or by any others for whose acts they are legally liable, and (b) any manufacturer or supplier of machinery, equipment or other property, whether named as an insured or not, for the cost of making good any loss or damage which said party has agreed to make good under a guarantee or warranty, whether expressed or implied. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. The foregoing waiver of subrogation is applicable regardless of whether property insurance is obtained from private sector insurer or by self-insurance programs. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. (Paragraphs deleted) § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused, except to the extent of any deductibles or self-insured retentions as provided in Section B.2.3.1.4 of Exhibit B. § 11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner in good faith for the benefit of the insureds, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 49 Subject to the foregoing, the Owner shall have the full power to adjust and settle all losses and claims under the Owner’s property insurance policy or policies. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have five (5) business days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work (Paragraphs deleted) § 12.1.1 If a portion of the Work is covered contrary to the Owner’s or Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Owner or Architect, be uncovered for the Owner’s or Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Owner, Architect, or any governing authority has not specifically requested to examine prior to its being covered, the Owner, the Architect, or any governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall, within twenty-four (24) hours in the event of an emergency threatening imminent harm to person or property or, otherwise, within seven (7) days of receipt of notice from the Owner, remove from the Project site, or commence removal to the extent such removal cannot reasonably be completed within such time, of any Work that the Owner rejects as unsound or improper or in any way fails to meet the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. If the Contractor fails to timely take such corrective action, the Owner shall have the right to do so. Costs of such corrective action, including additional testing and inspections, the cost of uncovering and replacement, and reasonable compensation for the Architect’s and the Owner’s other consultants’ services and expenses made necessary thereby shall be deducted from payments then or thereafter due the Contractor. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner promptly upon demand. § 12.2.2 After Substantial Completion (Paragraphs deleted) § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall, within twenty-four (24) hours in the event of an emergency threatening imminent harm to person or property or, otherwise, within seven (7) days of receipt of notice from the Owner, commence correction and thereafter diligently prosecute such correction to completion. Without limitation, the Contractor shall provide all labor, engineering, supervision, equipment, tools, and materials necessary to effect the remedy and shall bear all of the Contractor’s expenses in DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 50 connection therewith. The cost of all work incidental to such remedy, including the removal, replacement, or installation of conforming Work or materials or equipment, and the cost of transporting required items to and from the site, shall be borne solely by the Contractor. Contractor also shall, at no cost to the Owner, perform such tests as Owner may require verifying the corrected or re-performed Work or the repaired, replaced, or modified item of material or equipment is satisfactory. If the Contractor fails to fully and timely correct nonconforming Work as provided herein, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. The Contractor’s obligations under Section 12.2 shall survive acceptance of the Work under the Contract and termination of the Contract. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. (Paragraphs deleted) § 12.2.3 The Contractor shall, within twenty-four (24) hours in the event of an emergency threatening imminent harm to person or property or, otherwise, within seven (7) days of receipt of notice from the Owner, remove from the site, or commence removal to the extent such removal cannot reasonably be completed within such time, portions of the Work that are defective or otherwise not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner in writing. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 The remedies expressed herein are cumulative and in addition to any other right or remedy available to the Owner under statute or Applicable Laws. Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Guaranteed Maximum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. § 13.2 Successors and Assigns (Paragraphs deleted) § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither Party shall assign the Contract as a whole without written consent of the other. If either Party attempts to make an assignment without such consent such assignment shall be void and the Party attempting to assign the Contract, or portion thereof, shall nevertheless remain legally responsible for all obligations under the Contract. Further, the Contractor may not assign any monies due to it under the Contract without the prior written consent of the Owner. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 51 § 13.2.2 Prior to final payment, the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner’s rights and obligations under the Contract Documents. After final payment, the Owner may assign the Contract and its rights under it, in whole or in part, without the Contractor’s consent. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies (Paragraphs deleted) § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections (Paragraphs deleted) § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by Applicable Laws. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Owner and Architect timely notice of when and where tests and inspections are to be made so that the Owner and/or Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or other Applicable Laws so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect or Owner will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Owner and Architect of when and where tests and inspections are to be made so that the Owner and/or Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work, or materials to be incorporated into the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates and reports of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Owner and Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate established by Applicable Laws. § 13.6 Survival All of the Contractor’s representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 52 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor (Paragraphs deleted) § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work (a) suspension of the entire Work by the Owner as described in Section 14.3 continues for more than one hundred twenty (120) consecutive days, or (b) issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped, in the aggregate, more than 100 percent of the total number of days scheduled for completion. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven (7) days’ additional notice to the Owner and Architect, terminate the Contract and shall, as the Contractor’s sole remedy, receive payment for unpaid amounts for Work executed based on the Cost of the Work plus the Contractor’s Fee thereon at the percentage rate specified in Section 6.1.2 of the Agreement (or if the Contractor’s Fee is a lump sum, a percentage of the Contractor’s Fee equal to the percentage completion of the Work). Further the Contractor shall be entitled to recover reasonable costs of demobilization, re-stocking fees, purchase order cancellation fees and similar direct costs of termination. The Owner shall be credited for (i) payments previously made to the Contractor for the terminated portion of the Work, (ii) claims which the Owner has against the Contractor under the Contract, and (iii) the value of the materials, supplies, equipment and other items that are part of the Contract Sum but are not fully consumed in the performance of the Work (and are not transferred to the Owner in accordance with the Owner’s instructions, if the Owner so elects). Upon termination pursuant to this Section and payment of the amounts owing the Contractor, the Owner shall have no further obligation to the Contractor. The Owner shall in no event be liable to the Contractor for any unabsorbed overhead or unrealized profits with respect to the terminated Work. § 14.1.4 If the Work is stopped for a period of one hundred twenty (120) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause (Paragraphs deleted) § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards Applicable Laws; .4 is adjudged a bankrupt, files for bankruptcy protection, or makes a general assignment for the benefit of its creditors, if a receiver is appointed on account of insolvency, or in the event of other evidence of the Contractor’s insolvency; .5 fails to prosecute the Work to completion in a diligent and timely manner and in accordance with the provisions of the Contract Documents; .6 fails or refuses to provide insurance or proof of insurance as required by the Contract Documents; or .7 otherwise is guilty of a material or substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven (7) days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 53 .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 The Owner may withhold payments to the Contractor until the Work is fully completed, and shall thereafter pay the Contractor for the Work the Contractor satisfactorily completed prior to termination, less cost and damages incurred by the Owner as a result of the Contractor’s default. If the costs and damages incurred by the Owner as a result of the Contractor’s default exceed the unpaid balance otherwise due to the Contractor, the Contractor shall pay the difference to the Owner with interest thereon at the rate at the legal rate prevailing from time to time at the place where the Project is located. This obligation for payment shall survive termination of the Contract. Nothing herein shall be deemed to limit the Owner’s rights at law or in equity. § 14.3 Suspension by the Owner for Convenience (Paragraphs deleted) § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. Upon receipt of a written notice, Contractor shall proceed with the orderly cessation of the Work to accomplish such suspension and take steps as well to protect and preserve the Work completed and permit the resumption of the Work if and when directed by the Owner. In this regard, the Contractor shall cooperate with the Owner in good faith and minimize the Cost of Work that accrues during the period of suspension. § 14.3.2 The Contractor shall promptly recommence the Work upon written notice from Owner directing Contractor to resume the Work. The Guaranteed Maximum Price and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1; provided, however, that adjustment of the Guaranteed Maximum Price shall include only reasonable out-of-pocket costs, including, General Conditions Costs, necessarily incurred by the Contractor for demobilization, remobilization, and protection of the Work during the suspension, and those General Condition Costs that will continue to accrue during the period of the suspension. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience (Paragraphs deleted) § 14.4.1 The Owner may, at any time at the Owner’s sole discretion, terminate the Contract, in whole or in part, for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; .4 transfer title and deliver to Owner Work in progress, specialized equipment procured for the project, the As-Built Drawings and Record Documents; and .5 except for Work directed by the Owner to be performed, incur no further costs or expenses. § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall, as the Contractor’s sole remedy, pay the Contractor for (a) unpaid Costs of the Work properly completed prior to the effective date of termination, together with direct costs incurred by reason of the termination, including costs attributable to termination of Subcontracts (b) Contractor’s Fee thereon at the percentage rate specified in Section 6.1.2 of the Agreement (or if the Contractor’s Fee is a lump sum, a percentage of the Contractor’s Fee equal to the percentage completion of the entire Work), and (c) the Costs of the Work for items properly and timely fabricated off the Project site, delivered and stored DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 54 in accordance with the Owner’s instructions. The Cost of the Work to be paid the Contractor as provided herein shall be the amount determined by audit of the Contractor’s records. The Contractor’s invoice for compensation in the event of termination must be supported by sufficient records and documentation to enable the Owner and its auditors to verify all amounts claimed by the Contractor. The Owner shall be credited for (i) payments previously made to the contractor for the terminated portion of the Work, (ii) claims which the Owner has against the Contractor under the Contract, and (iii) the value of the materials, supplies, equipment and other items that are to be disposed of by the Contractor that are part of the Guaranteed Maximum Price. Upon termination pursuant to this Section and payment of the amounts owing the Contractor, the Owner shall have no further obligation to the Contractor. The Owner shall in no event be liable to the Contractor for any unabsorbed overhead or unrealized profits with respect to the terminated Work. § 14.4.4 If the Owner terminates the Contract for cause (as distinguished from termination for its convenience) and it shall be determined that the Owner’s termination was unjustified, such termination shall be deemed to have been a termination for the Owner’s convenience under Section 14.4 hereof, and the Contractor’s sole rights, remedy and recourse shall be governed and determined by this Section 14.4. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A "Claim" is a demand or assertion by one of the Parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract; provided, however, a request for a Change Order shall not constitute a Claim (and a request for a Change Order shall be governed by the provisions of Article 7 hereof). The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the Party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law. § 15.1.3 Notice of Claims (Paragraphs deleted) § 15.1.3.1 Claims by the Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the Owner and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Unless a shorter period of time is specified elsewhere herein, Claims by the Contractor under this Section 15.1.3.1 shall be initiated within ten (10) business days after occurrence of the event giving rise to such Claim or within ten (10) business days after the Contractor first recognizes or reasonably should have recognized the condition giving rise to the Claim, whichever is later. Denial in whole or part of a COR submitted in accordance with Section 7.5 shall be deemed the occurrence of the event giving rise to a Claim for any adjustment of the Contract Sum or Contract Time sought in the COR but denied in whole or in part. For the avoidance of doubt, the Contractor shall be deemed to waive any Claims for adjustment of the Contract Sum or Contract Time: (a) which the Contractor sought via COR that was denied and as to which the Contractor did not submit a Claim within ten (10) business days thereafter; (b) which the Contractor failed to timely and properly request as provided in Section 7.5; and (c) based on changes in the Work or other events or circumstances for which a Change Order was previously executed. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other Party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance (Paragraphs deleted) § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments of undisputed amounts due in accordance with the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 55 § 15.1.4.2 The Guaranteed Maximum Price and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either Party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Guaranteed Maximum Price, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4, provided that notice shall be given as soon as is reasonably practicable. The costs to the Contractor of preparing and negotiating PCOs, ROMs, CORs, and Claims shall not be reimbursable under this Contract. § 15.1.6 Claims for Additional Time (Paragraphs deleted) § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. Further, with Claims for additional time, the Contractor shall submit all of the following, without limitation of other requirements under the Contract: (a) the Contractor’s PCO, ROM and COR per Section 7.5; (b) the approved, as planned construction schedule in accordance with Section 3.10; (c) identification and explanation of the basis for (i) the duration start and finish dates of each impacted activity, (ii) the successor and predecessor events affected in the construction schedule, and (iii) the duration of any lead/lags inserted into the construction schedule and the duration-related activity duration; and (d) a mark-up construction schedule indicating the causes responsible for changes between the as-planned and as-built schedule and establishing the required cause and effect relationships. In the case of an acceleration Claim in connection with the exercise of the Owner’s rights to require the Contractor to implement Extraordinary Measures for which the Contractor is entitled to an increase in the GMP pursuant to Section 3.10.4, the Contractor also shall submit other documentation for typical acceleration consequences, including comparison of anticipated manpower, equipment and material utilization, increased levels of manpower/overtime, and duplicated sets of equipment or materials, indicating the acceleration that occurred. A detailed explanation of how the planned manpower/equipment levels could have achieved the planned schedule and a comparison of the levels actually consumed in performing the work must be included in the Claim. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. Only unusual or severe weather conditions for the time of year will be considered as a potential justification for a delay in the completion of the Work and the Contractor agrees than an extension of time will only be granted for actual days lost due to adverse weather conditions that are in excess of the normal days lost due to inclement for the given period, and then only if the excessive actual days lost due to adverse weather conditions negatively impact the critical path of the Project. No extension will be requested for days of adverse weather conditions occurring after the building or buildings are enclosed, unless the exterior site work remains on the critical path to construction completion. Lost time resultant from the preparation for, during and after a named storm event shall be a basis for time extension. § 15.1.6.3 Claims for increase in the Contract Time shall set forth in detail the circumstances that form the basis for the Claim, the date upon which each cause of delay began to affect the progress of the Work, the date upon which each cause of delay ceased to affect the progress of the Work and the number of days’ increase in the Contract Time claimed as a consequence of each such cause of delay. The Contractor shall provide such supporting documentation as the Owner may require including, where appropriate, a revised construction schedule indicating all the activities affected by the circumstances forming the basis of the Claim. § 15.1.6.4 The Contractor shall not be entitled to a separate increase in the Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on the progress of the Work. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 56 .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either Party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. Additionally, and notwithstanding anything to the contrary herein, the Parties expressly acknowledge and agree that this waiver of claims for consequential damages does not apply to any damages, liabilities, costs or expenses: (i) proximately caused by either Party’s fraud, gross negligence or willful misconduct, (ii) covered by insurance required to be maintained by the Contractor or Owner, or (iii) for which the Contractor has an indemnification obligation under the Contract. § 15.2 Initial Decision (Paragraphs deleted) § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within thirty (30) days after the Claim has been referred to the Initial Decision Maker, the Party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected Parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten (10) days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other Party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the Parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either Party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a Party to provide a response to a Claim or to furnish additional supporting data, such Party shall respond, within ten (10) days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the Parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Guaranteed Maximum Price or Contract Time or both. The initial decision shall be final and binding on the Parties but subject to mediation and, if the Parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either Party may file for mediation of an initial decision at any time. § 15.2.6.1 Intentionally deleted. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 57 § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the Party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation (Paragraphs deleted) § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.5 and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. (Paragraph deleted) § 15.3.2 The Parties shall endeavor to resolve their Claims by mediation which, unless the Parties mutually agree otherwise, shall be administered by a Florida Circuit Certified Civil Mediator who is a Florida licensed attorney with at least ten (10) years’ experience and who is mutually acceptable to both the Owner and the Contractor. In the event that the Parties fail to agree in writing on a mediator within fifteen (15) days after a request for mediation is made pursuant to this Section, then the mediation shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other Party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the Parties or court order. (Paragraph deleted) § 15.3.3 Intentionally deleted (Paragraph deleted) § 15.3.4 The Parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraph deleted) § 15.4 Intentionally deleted § 15.4.1 Intentionally deleted. § 15.4.1.1 Intentionally deleted. § 15.4.2 Intentionally deleted. § 15.4.3 Intentionally deleted. § 15.4.4 Intentionally deleted § 15.4.4.1 Intentionally deleted. § 15.4.4.2 Intentionally deleted. § 15.4.4.3 Intentionally deleted. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 43 Exhibit D Owner’s Preliminary Program (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD CLEARWATER CITY HALLCONCEPTUAL DESIGN OPTIONS August 11, 2023 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD CONCEPTUAL SITE PLAN Total GSF: 41,679SF OPTION 2A: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OVERALL SITE VIEW OPTION 2A DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OPTION 2A PUBLIC PLAZA VIEW DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OPTION 2A SCREEN CONCEPT DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OPTION 2A PUBLIC PLAZA ENTRANCE DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OPTION 2A MYRTLE AVENUE VIEW DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OPTION 2A Level 1 . BREAK ROOM251 SF CONFERENCE 142 SF PRINT120 SF RECEPTION300 SF CONFERENCE 308 SFPUBLICHR7000 SF SS BOH 2000 SF PUBLIC COMMUNICATIONS3500 SF TRAINING (2)1900 SF LOBBY WC WC RECEPTION RECEPTION300 SF CONFERENCE 152 SF CONFERENCE192 SF BOARD ROOM600 SF BREAK ROOM251 SF CONFERENCE 192 SF PRINT120 SF ENTRANCE GRAND STAIRS MYRTLE ENTRANCE DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OPTION 2A LEVEL 1 - LOBBY DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OPTION 2A Level 2 . CITY ATTORNEY4200 SF COUNCIL 1800 SF CITY MANAGER 3800 SF CITY CLERK2000 SF S CHAMBER2400 SF OPEN TO BELOW WC WC PRE-FUNCTION S CONFERENCE308 SF RECEPTION300 SF WAITING150 SF CONFERENCE612 SF CONFERENCE308 SF CONFERENCE 192 SF CONFERENCE142 SF PRINT120 SF CONFERENCE142 SF BREAK ROOM251 SF RECEPTION200 SF WAITING150 SF PRINT120 SFCIRCULATION CIRCULATION DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD OPTION 2A Level 3 . CHAMBERBELOW ROOF S WC WCROOF-TOPEXTERIOR GATHERING SPACE1000 SF DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATIONCITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD . OPTION 2A OVERALL BUILDING SIZE: Total GSF: 41,679 SF BREAK ROOM251 SF CONFERENCE 142 SF PRINT120 SF RECEPTION300 SF CONFERENCE 308 SFPUBLICHR7000 SF SS BOH 2000 SF PUBLIC COMMUNICATIONS3500 SF TRAINING (2)1900 SF LOBBY WC WC RECEPTION RECEPTION300 SF CONFERENCE 152 SF CONFERENCE192 SF BOARD ROOM600 SF BREAK ROOM251 SF CONFERENCE 192 SF PRINT120 SF ENTRANCE GRAND STAIRS MYRTLE ENTRANCE CITY ATTORNEY4200 SF COUNCIL 1800 SF CITY MANAGER 3800 SF CITY CLERK2000 SF S CHAMBER2400 SF OPEN TO BELOW WC WC PRE-FUNCTION S CONFERENCE308 SF RECEPTION300 SF WAITING150 SF CONFERENCE612 SF CONFERENCE308 SF CONFERENCE 192 SF CONFERENCE142 SF PRINT120 SF CONFERENCE142 SF BREAK ROOM251 SF RECEPTION200 SF WAITING150 SF PRINT120 SFCIRCULATION CIRCULATION CHAMBERBELOW ROOF S WC WCROOF-TOPEXTERIOR GATHERING SPACE1000 SF Level 1 Level 2 Level 3 DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANSDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 44 Exhibit E Schedule of Key Personnel (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Exhibit E - Key Personnel PERSONNEL - At Project Site Principal In Charge Bill Byrne Operations Manager Tim Sewell Sr. Project Manager Chris Brown Project Manager TBD Assistant Project Manager Brady Baldree Project Engineer TBD General Superintendent Rick Guerra Sr. Project Superintendent Donnie Roberts Project Superintendent Mike McKnight MEP Superintendent Tim Hurst Safety Director / Inspector Frank Quarrella Project Secretary TBD Home Office Secretary *Paula Gresham Project Accountant *TBD Precon Manager *Mike Dumas BIM Manager *Sean Akkvan Estimator *Kristi Sharpe Chief Estimator *Jeff Stephenson *Denotes Personnel Assigned at Home/Branch Office DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 45 Exhibit F Schedule of General Conditions Costs On-Site Project Management Staff Safety Coordinator/Assistant(s) Office Engineer Superintendent, Assistant Superintendent, MEP Superintendent Project Manager, Asst. Project Manager, Project Engineer On and Off-Site Project Support and oversight Staff Superintendent/Supervisor Vehicle and Vehicle Allowances Jobsite Related Travel & Per Diem Temporary Project Utilities Dumpsters Project Electricity through substantial completion. Monthly Hardwire Telephone I Internet Service Street Rental and Barricades Fencing Temporary Electrical Distribution and Meters Temporary Water Distribution and Meters Site Erosion Control (BMP) and Project Entrance(s) Project Water Temporary Toilets Temporary Fire Protection Temporary Fencing and Windscreen / Visual Barrier Field Offices & Office Supplies Specific Signage Postage/Special Shipping Project/As-Built Drawings in .pdf format Contractor Move-In/Out and Office S etup Employee Identification System Monthly Office Trailer Rental & Setup Mobilization and Demobilization (General Requirement Equipment Only) Office Supplies Office Equipment (Computers / Cell Phones / Copiers / etc.) Office Furniture Data Processing Materials Software licenses and User Fees Remote Reference Manuals Security System Contractor Drinking Water and Accessories Field Support and Logistics Carpenter / Laborer Construction Clean up and Clean up specific Equipment Temporary Handrails Temporary Dry-in Temporary Doors Security/Watchman Safety Material and Equipment Temporary Roof Access Tower / Rails Material Handling & Distribution Offsite Parking / Material Storage Layout Equipment and Labor DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 46 Finishes Protection Small Tools Equipment Storage Equipment Transport Specific justification and all estimated costs shall be submitted and approved by the Owner prior to any travel, expenditure or event. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 47 Exhibit G Form of Purchase Order for Direct Purchase Materials (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 48 Exhibit H Not Used DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 49 Exhibit I Truth in Negotiation Certificate (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 50 Exhibit J Public Construction Bond 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 SURETY OWNER [name] [principal business address] [phone number] [name] [principal business address] [phone number] City of Clearwater Engineering 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: [project name] PROJECT NO.: [project number] PROJECT DESCRIPTION: [A description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement] BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $[x,xxx,xxx.xx], 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 _________________, between Contractor and Owner for construction of [project name], 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 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 51 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 __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). [TYPE LEGAL NAME OF CONTRACTOR] By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal)_______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 52 Exhibit K Consent of Surety to Final Payment CONSENT OF SURETY TO FINAL PAYMENT TO OWNER:City of Clearwater PROJECT NAME: [__________] (Row deleted) [Dept. owning project]PROJECT NO.: [__________] 100 S. Myrtle Ave.CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: [__________] Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address],SURETY, on bond of [insert name of Contractor] [address] [address],CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater [Dept. owning project] 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 53 Exhibit L Non-Collusion Affidavit (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 54 Exhibit M Scrutinized Companies Forms (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 55 Exhibit N Verification of Employment Eligibility (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 56 Exhibit O Pinellas County Construction Licensing Board Certifications/FDBPR Licenses (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESWELLS, APPLING SPEAKES VDo not alter this document in any form.AJAX BUILDING COMPANY, LLCLICENSE NUMBER: CGC1520391EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.1080 COMMERCE BOULEVARDMIDWAY FL 32343Always verify licenses online at MyFloridaLicense.comDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 57 Exhibit P City of Clearwater Technical Specifications The City of Clearwater Technical Specifications can be found online at: https://www.myclearwater.com/files/sharedassets/public/v/1/engineering/documents/sectioniv.docx and are hereby incorporated herein by reference. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 58 Exhibit Q City of Clearwater Greenprint 2.0 Requirements (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Clearwater Greenprint 2.0 Competitive. Vibrant. Green. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page i ) Clearwater Greenprint 2.0 This Climate Action Plan was developed using a template provided by ICLEI – Local Governments for Sustainability, USA. This template and its appendices were published in April 2018. The icons are licensed under Creative Commons Attribution 3.0 imported from Smashing Magazine. City of Clearwater City Council • Frank Hibbard — Mayor, Seat 1 • Mark Bunker — Councilmember, Seat 2 • Kathleen Beckman — Councilmember, Seat 3 • David Allbritton — Councilmember, Seat 4 • Hoyt Hamilton — Councilmember, Seat 5 City Administration • Bill Horne — City Manager • Micah Maxwell — Assistant City Manager • Michael Delk — Assistant City Manager 2021 Clearwater Greenprint Update Contributors • Lauren Matzke – Assistant Director of Planning and Development • Heather Parsons – Senior Public Information Coordinator • Sheridan Boyle – Sustainability Coordinator 2021 Consultants • WGI, Inc. • PFM Group Consulting LLC 2011 Greenprint Stakeholder Steering Committee • Richard Adelson • Ronald Altic • Lidiya Angelova • Cory Brennan • George D. Davis III • Chris Dulligan • Blain Enderle • Michael Engelmann • Jason Green • Marc Hayes • Michael Henkel • Mike Flanery • Dr. Marcus Milnes • Elvira Morgan • Mary Marrow • JoAnna Siskin • Dr. Joseph Smiley • R. Peter Stasis • Alexander Todrow • John Ungerer • Thomas Wright 2011 Greenprint Technical Advisory Staff • Nan Bennett • Paul Bertels • Tracey Bruch • Rick Carnley • Kristi Cheatham • Glenn Daniel • Allen Del Prete • Leslie Dougall-Sides • Bennett Elbo • Kevin Garriott • Diane Hufford • Sarah Josuns • Brian Langille • Felicia Leonard • Heather Parsons • Himanshu Patni • John Pittman • Clement Vericker 2011 Greenprint Consultants • Renaissance Planning Group • ECO2ASSET SOLUTIONS 2018 Greenhouse Gas inventory assistance from ICLEI, Local Governments for Sustainability. Front cover image provided by the Spring Branch Neighborhood and Park Association. Credits and Acknowledgements DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page ii ) Clearwater Greenprint 2.0 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page iii ) Clearwater Greenprint 2.0 Photo Credit: Paul Sacca DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 1 ) Clearwater Greenprint 2.0 Affordable Housing housing in which the occupant pays no more than 30% of their gross income in housing costs Biomass plant or animal material that is used to produce energy Bioswale ground channels that are typically vegetated and designed to gather and transfer stormwater runoff while removing debris and pollution from the water Brownfield previously developed land, usually with prior industrial uses, that is not currently in use and may be contaminated with potentially hazardous waste Bus Rapid Transit (BRT) a bus-based public transportation system that has been designed to improve the reliability of bus services. Climate Adaptation as defined by the Intergovernmental Panel on Climate Change (IPCC), it is the process of adjusting to an actual or expected climate and its effects with the ultimate goal of moderating or avoiding harm Climate Change a long-term change in average global or regional climate patterns. This term specifically refers to the change noted in the late 20th century and scientific projections of continued change in the future. Climate Change is largely attributed to the increased levels of atmospheric greenhouse gases due to human activity Climate Mitigation the act of limiting the magnitude or rate of climate change, generally done by reducing greenhouse gas emissions from human activity Compostable materials that can break down naturally into organic matter to create nutrient-rich soil Complete Street streets designed and operated to prioritize safety, comfort, and access to destinations for all people who use the street, especially people who have experienced systemic underinvestment or whose needs have not been met through a traditional transportation approach Congestion an excess number of vehicles on a portion of roadway at a particular time that results in slower than normal flow of traffic Critical Infrastructure the physical and digital systems and assets that are so vital to the community that their incapacity or destruction would have a debilitating impact on physical or economic security or public health or safety Energy Efficiency technology that reduces the energy needed to produce a desired effect Environmental Justice (EJ) as defined by the Environmental Protection Agency, it is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies Green Glossary DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 2 ) Clearwater Greenprint 2.0 Equity shared economic, legal, environmental, and developmental rights of access to collective resources amongst all people within a society Food Security the state of having reliable access to affordable, nutritious, and sufficient food Foodshed a geographic area that produces the food for a specific population Fossil fuels fuels created by the anerobic breakdown of dead organisms that release energy when combusted, these include fuels such as gasoline, oil, and coal Gentrification a process in which lower-income areas of a community experience an increase in middle class to wealthy land buyers who renovate homes and businesses, resulting in an increase in property values and the displacement of lower income residents who have historically lived or owned land in the area of interest Greenhouse Gas Emissions (GHGs) any gas that is capable of absorbing heat energy from earth surface and readmitting that heat back to earth’s surface, creating a “greenhouse effect”. The most common greenhouse gases include carbon dioxide, methane, nitrous oxide, and fluorinated gases. Greenspace an area within an urban environment that is mostly vegetation (such as grass, trees, wildflowers, shrubs, etc.) and is set apart for ecological, recreational, or aesthetic purposes Greyfield land that contains a large structure, like a shopping mall or commercial facility, that has been abandoned Invasive Species an organism that is introduced to a new area and causes ecological harm within its new environment Livability all of the factors that comprise a community’s quality of life, which may include both the built and natural environments as well as economic prosperity, social stability and equity, educational opportunity, and cultural, entertainment and recreation possibilities Local Food food that is produced within a short distance of where it is consumed Municipal relating to a local governing body such as city, town, or village Native Plant a plant species that is indigenous to a specific area, meaning it has occurred naturally in that area for a long time Ocean-friendly an item or business that reduces or eliminates the use of single use plastics such as plastic bags, Styrofoam, plastic straws, and so on Organic Waste material that naturally breaks down and comes from a plant or animal Photovoltaic (PV) Systems systems that collect and concentrate sunlight to produce the heat needed to generate electricity Public Transit a system of transportation available to the general public in which groups of people travel on established routes and schedules DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 3 ) Clearwater Greenprint 2.0 Public-private Partnerships a cooperative arrangement between two or more organizations within the public and private sectors, usually between a governing body and a business, that works to complete a project or provide services to a community Recycling the process of collecting and processing materials that would otherwise be thrown away and turning them into new products benefiting the community and the environment Re-commissioning a structured process of testing a facility’s systems and equipment to ensure they are functioning efficiently Redevelopment the process of changing a property or an area of a city by replacing old structures (such as buildings, roads, etc.) with new ones Remediation the removal of contaminants from soil, groundwater, sediment, or another environmental substance Renewable Energy energy from a source that is not depleted when used (such as wind or solar power) Resilience the ability of a piece of infrastructure, system, environment, or community to sustain or recover its essential functions when presented with a disruption Retrofit the process of modifying something after it has been constructed Sea Level Rise a global phenomenon in which global warming causes an increase in volume and quantity of water in the world’s oceans. Thought it occurs globally, symptoms of sea level rise can vary based on geographic location Sequester (carbon) the process by which atmospheric carbon dioxide is taken up by trees, grasses, and other plants through photosynthesis and stored as carbon in biomass (trunks, branches, foliage, and roots) and soils Solid Waste a waste type that consists of everyday items discarded by the public, also called garbage or trash Stormwater surface water that is produced in excess due to heavy rainfall Sustainability meeting current needs without compromising the ability of future generations to meet their own needs Trip a one-way person movement by a mechanized mode of transport Triple Bottom Line a measurement of the financial, social, and environmental performance of an organization Urban Agriculture the process of growing, processing, and distributing food within or near highly populated areas Vehicle Miles Traveled (VMT) a measurement of the amount of travel all vehicles within a specific geographic region performed within a given time period (generally one year) Vulnerability Assessment the process of defining identifying, classifying, and prioritizing different parts of a system that may be adversely affected during a hazardous event Wastewater water that was previously used in a home, business, or industrial facility DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 4 ) Clearwater Greenprint 2.0 In 2011, Clearwater Greenprint was adopted through the help of many residents, businesses, and city staff members. Clearwater Greenprint creates a vision to make the city of Clearwater a vibrant community for current residents and future generations. In 2021, Clearwater Greenprint 2.0 was published to advance that vision. While this Executive Summary provides a quick overview of the contents of the Clearwater Greenprint, it cannot be substituted for the main document. • Defines sustainability, resilience, adaptation, mitigation, and other pertinent terms, and discusses their relevance to the document • Communicates results of the 2010 and 2019 Greenhouse Gas Inventories • Includes projections for business-as-usual emissions and emissions with interventions by Duke Energy • Defines overarching Goals and Objectives for the city of Clearwater to mitigate climate change impacts, actualize adaptation measures, and improve local resilience • Defines Target Timelines for more specific reductions toward accomplishment of overarching Goals and Objectives • Provides reader-friendly Strategies toward compliance with Target Timelines • Expounds on specific actions and identifies assumptions and limitations associated with accomplishment of Strategies in Implementation and Measurement Methodologies • Sources input on relative cost and benefit from staff • Gauges staff’s perception of specific actions’ efficacy Executive Summary DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 5 ) Clearwater Greenprint 2.0 Notes on Document Structure Clearwater Greenprint 2.0 document is comprised of a hierarchy of four components: goals, objectives, targets, and strategies. • Goals and Objectives are defined in section 2 titled, “Welcome to Clearwater Greenprint 2.0,” • Targets are provided in section 3, titled, “Target Timelines,” and • Strategies are outlined in sections 5-12 and elaborated on further in Appendix II. Refer to Figure 1.1 to the right which breaks down the overall document structure. Appendix II specifies actions to be carried out in order to achieve each Strategy. It also suggests methods for measuring progress through identification of technical standards and weighs the costs and benefits associated with the attainment. An excerpt from Appendix II is shown in Figure 1.2 showing the cost/benefit comparison matrix and the Implementation and Measurement Methodologies for each Core Topic Strategy. Figure 1.2.- Excerpt from Appendix II Figure 1.1.- Detailed Document Hierarchy Chart DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 6 ) Clearwater Greenprint 2.0 Photo Credit: Paul Sacca DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 7 ) Clearwater Greenprint 2.0 What is Sustainability? Sustainability means different things to different people. Some people might think of recycling, and others might think of solar panels or growing their own organic food. What is sustainability, really? The United Nations defined the word sustainability in 1987 as the ability to, “meet the needs of the present without compromising the ability of future generations to meet their own needs.” In essence, sustainability is about helping the people of today and people of tomorrow meet their needs. Sustainable communities work with and within nature. They use resources that can be renewed, and attempt to reduce waste, reuse materials, and find ways to safely return resources back to the environment. Sustainable communities also make plans and decisions that balance the three parts of a triple bottom line: economic prosperity, environmental quality, and human quality of life. If we think about sustainability in terms of a triple bottom line, we realize that it is not an unfamiliar concept. For most of our history, humans have lived in a way that had minimal impact on the world’s natural resources. However, over the course of the last century, we have caused large-scale declines in the quality of water, air, and soil, and devastated animal and plant species worldwide. Since communities depend on natural resources to maintain a prosperous economy and good quality of life, working hard to preserve the integrity of the environment helps ensure our communities’ continued prosperity. Why Sustainability? Recent human actions such as unchecked pollution and mass deforestation have negatively impacted the climate and degraded natural ecosystems causing high rates of species extinction, global temperature increase, rising seas, and dying coral reefs. Scientists expect Americans to experience more severe heat waves, droughts, flooding, wildfires, and hurricanes in the future if we continue with current trends in fossil fuel usage. Studies show that these impacts will afflict our economy, strain our natural resources, and worsen inequalities for many Americans. These are only a fraction of the negative impacts stemming from climate change, but they speak to the urgency of countering its effects. Welcome to Clearwater Greenprint 2.0 A community plan for sustainability DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 8 ) Clearwater Greenprint 2.0 Despite all this, we have only recently begun to take action. Thankfully, local governments and community residents can contribute to a solution to the climate change problem by building low-carbon communities which are not dependent on carbon intensive resources. Cities use 75% of the world’s energy and produce 80% of the world’s greenhouse gas emissions. Though this fact may not seem like a positive thing at first, it means that the collective actions of cities, including the city of Clearwater, will result in an appreciable reduction in the world’s greenhouse gas emissions. The city of Clearwater has an opportunity to set an example for other cities and have a positive impact on the world. Sustainability isn’t just about the planet, it’s about people. Sustainable communities are stronger communities. In addition to addressing climate change, being a sustainable community has other important benefits such as: 1. Saving Money The city of Clearwater spent over seven million dollars in 2018 on energy to power buildings and streetlights. Many of the measures in Greenprint 2.0 “pay for themselves” quickly by reducing direct costs, such as fuel or energy used, as well as indirect costs such as maintenance. For instance, a “right-sized” vehicle fleet is less expensive to purchase and fuel, while also being less costly to maintain. Encouraging energy efficiency, public transit use, building improvements, and other measures will also result in lower energy and water bills for residents and employers. The economy benefits by reducing the amount of money each person spends on energy and water. This money can instead be used at local businesses, supporting the city of Clearwater’s economy. Acting now will also save on runaway costs on climate change—especially in the long term. These costs range from infrastructure damage in extreme storms and pest control, to industry losses, particularly for industries that depend on environmental conditions, such as tourism. 2. Creating Jobs New green sectors such as sustainable tourism, green construction, and urban agriculture provide additional job opportunities in growing economic sectors. These activities can spur business and job growth through the design, manufacturing, and installation of energy efficient technologies, presenting a special opportunity to reinvest in the local economy and generate green jobs. For example, a 2019 Environmental Entrepreneurs’ report estimated that the solar industry employed nearly 335,000 workers. Solar professions within the United States have increased 167% over the past decade according to the National Solar Jobs Census and Florida leads the nation for the number of jobs added. 3. Improving Public Health Our health improves with cleaner air and water and more time spent outside engaging in physical activities such as walking and biking. Sustainable changes, including using different modes of transportation, helps clean the air and improve public health by reducing DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 9 ) Clearwater Greenprint 2.0 vehicle emissions. Improvements that promote alternative transportation also give Clearwater residents more options for getting around. When combined with other activities like redevelopment of underutilized properties, these improvements create more vibrant, livable community with shorter commute times and more opportunities for active transport. Sustainable changes create equitable access to amenities for residents living in low-income areas across the country. Many of these low-income areas lack the trees and greenery that create shade and improve the appearance of more affluent neighborhoods. Residents of these low-income areas also have a higher likelihood of living in or near areas covered in dark surfaces. The overabundance of blacktop causes residents to suffer more from summer heat, leading to higher health costs. What is Resilience? Community resilience is defined as, “a measure of the sustained ability of a community to utilize available resources to respond to, withstand, and recover from adverse situations.” Therefore, a resilient community is one that can face a challenge and still retain its essential function. “Sustainability” and “resilience” are qualities of a community that complement each other. While sustainability focuses on having a brighter future, resilience is all about adapting to the different stressors we face now. Whether it’s a natural disaster, sea-level rise or a drastic change in economy, a resilient community is one that can anticipate and positively adapt to changing conditions. Why Resilience? 1. Creating Proactive Communities Resilience transforms reactive communities into proactive communities. Rather than solely developing plans to deal with the aftermath or a natural disaster or economic downturn, resilient communities develop measures to prevent massive disruptions from harming its people and systems. While Clearwater Greenprint 2.0 focuses on resilience through the lens of climate adaptation, resilience is a practice that can be implemented in all aspects of an organization. 2. Promoting Energy Stability The farther energy travels from its source, the more energy that is wasted. Most electrical power in Clearwater is currently supplied by Duke Energy. The closest energy source for Clearwater is a fossil fuel power plant approximately 15 miles away near Holiday. This creates an opportunity to improve energy efficiency by generating more energy locally. Renewable energy can be generated in many ways including through the power of the sun, wind, and water. Installing solar panels on homes and businesses reduces energy waste since energy generated does not need to travel far from its source before it is used. Renewable energy is also a sustainable solution to the problem of meeting energy needs in times when energy is in high demand or unavailable from far away powerplants. This means DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 10 ) Clearwater Greenprint 2.0 that on hot summer days, and in the aftermath of major storms, renewable energy can keep lights on and air conditioning running within the homes, businesses, and municipal facilities of Clearwater. 3. Ensuring Food Security Like energy, transportation of food over long distances results in waste and negative environmental impacts. Currently, nearly all of Clearwater’s food is imported from elsewhere. The city’s resiliency can be improved by producing more food locally to reduce inefficiencies caused by transporting food over long distances. Local food production also protects against service disruptions caused by a variety of factors, including the effects of climate change, economic change and political conflict. 4. Establishing Economic Security The Fourth National Climate Assessment estimates the costs of climate change in the United States could total more than $2 trillion a year by the end of this century. Much of this cost results from the damage intense storms and flooding are expected to inflict on infrastructure and private property. Adopting resilient solutions saves cities a significant amount of money on future energy, water, and infrastructure needs. This is due to the increased ability of these systems to adapt or withstand future climate stressors, which are events, trends or conditions that result from climate change that can magnify hazards. Resilient communities face fewer system failures and costly repairs. Innovative cooling technologies and adaptions further cut energy bills while the benefits these innovations bring to health and livability are expected to compound over time. While cities drive the national economy, small businesses drive the local economy. Small businesses make up 99.7% of all US employers. Small businesses are threatened by the effects of climate change and the increasing number of disaster events. Small firms are especially challenged by disaster events, as the U.S. Chamber of Commerce notes that 43% of small businesses do not recover from natural disasters. Let’s Learn from Each Other The complex problems of climate change affect each municipality differently. Therefore, detailed insights about current conditions and prospective solutions from citizens and stakeholders is critical in the process of identifying and implementing effective measures for adaptation and mitigation. Clearwater can provide invaluable guidance on the concrete impacts of proposed remedies—parsing out measures that will provide the greatest benefit from those that can only offer marginal relief. Figure 2.1 The impact of local actions DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 11 ) Clearwater Greenprint 2.0 Where Are We Coming From? Clearwater Greenprint was adopted in 2011 through the collaboration of residents, businesses, and the City. Clearwater Greenprint creates a vision to make Clearwater a vibrant community for everyone who lives here now and for generations to come. Figure 2.2.- Clearwater Greenprint timeline graphic Reducing the city’s greenhouse gas emissions was determined to be the number one goal of Clearwater Greenprint. Why? Because The current over-abundance of greenhouse gases in the atmosphere caused by human activity is a major contributor to climate change and closely related to other environmental concerns within the city of Clearwater. Large amounts of greenhouse gases in the atmosphere are known to worsen sea-level rise, drought, flooding and so on. It is critical that we reduce our greenhouse gas emissions to ensure that Clearwater remains a great place to live, work and visit. Measuring Our Greenhouse Gas Emissions (GHGs) In addition to being caused by human activities, climate change also occurs because of the earth’s natural cycles. For example, the amount of the best-known greenhouse gas, Carbon Dioxide (CO2), in the northern hemisphere changes from one season to the next as plants undergo cycles of growth. Despite this, scientists have observed an enduring upward trend in greenhouse gases that are attributed solely to ongoing human activities such as the burning of fossil fuels, commercial animal agriculture, and land development. In fact, about half of all carbon dioxide emitted between 1750 and 2010 occurred in the last 40 years. Therefore, even though the natural greenhouse effect is needed to keep the earth warm, the consensus among publishing climate scientists (97% in agreement according to the National Aeronautics and Space Administration) is that the accelerated rate at which humans are producing GHGs causes global warming and climate change. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 12 ) Clearwater Greenprint 2.0 The 2014 Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report (AR5), was written by a panel of hundreds of climate experts and scientists and was approved by a team of external reviewers. The report states unambiguously that anthropogenic (human- made) GHG emissions are causing global climate change. For this reason, the city of Clearwater is joining an increasing number of local governments committed to addressing climate change at the local level. The city of Clearwater recognizes the risk climate change poses to its residents and business owners. The city is actively acting to reduce the GHG emissions, or “carbon footprint”, of both its government operations and the community at-large through innovative programs laid out in Clearwater Greenprint. Furthermore, it is recognized that Clearwater needs to address existing climate risks, such as sea level rise and temperature increase, and adapt its systems and infrastructure to new conditions. With more than 80% of Americans living in urban areas, cities play a powerful role in addressing climate change. Adjusting the design of cities—how we use our land, how we design our buildings, how we get around—greatly impacts the amount of energy we use and the volume of GHG emissions we produce. Cities such as Clearwater can demonstrate that it is possible to dramatically reduce GHG emissions while creating vibrant and prosperous places to live by making appropriate and manageable adjustments. The city of Clearwater first began monitoring its GHG emissions in 2007. It conducted a follow-up study in 2018. The following subsections summarize the results of both studies and compare city emissions levels over the span of approximately 10 years. 2007 GHG Emission Levels The city took its first step in improving its carbon footprint in 2011 by calculating its community- wide GHG emissions. The study was based off of the city’s 2007 GHG levels. In 2007, city-wide greenhouse gas emissions totaled 1,295,619 metric tons of carbon dioxide equivalent (MTCO2e). Emissions from energy consumption and transportation fuels were the largest contributors to the city-wide greenhouse gas inventory (65% and 30%, respectively). Solid waste contributed 5% while the city’s water and waste-water operations accounted for 0.1% of emissions. The average GHG emissions per capita was 11.72 MTCO2e based on the city's 2007 population of 110,469. Based on these 2007 levels, GHG emissions were forecasted for 2035. It was projected that if city continued with “business as usual”, city-wide emissions would grow by 4% to 1,347,443 MTCO2e by 2035. Figure 2.3.- 2007 Emissions chart DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 13 ) Clearwater Greenprint 2.0 Initial Clearwater Greenprint Goals The City established two emission reduction goals based on the GHG inventory results: 1. Reduce city-wide greenhouse gas emissions 10% below 2007 levels by the year 2020 2. Reduce city-wide greenhouse gas emissions 25% below 2007 levels by the year 2035 The original Clearwater Greenprint was created to reach these emission reduction goals. The plan included real strategies that the city, businesses and local residents could bring into their daily lives to reduce greenhouse gas emissions. These strategies were selected to help create a sustainable community by making buildings and transportation systems more energy-efficient, maintaining a healthy local economy, creating “green” jobs, reducing waste, and encouraging shoppers and restaurants to buy locally grown foods. Since 2011, the city has made significant progress towards its initial sustainability goals. Many of the original Clearwater Greenprint Plan strategies have been completed or are in progress. A Sustainability Coordinator was hired to facilitate fulfillment of the Greenprint strategies and ensure that the city’s sustainability goals are reached. In 2021, Clearwater Mayor Frank Hibbard signed on as a Climate Mayor. The Climate Mayors group is a network of U.S. mayors who work together to address climate change by creating meaningful actions in their own communities. 2018 GHG Emission Levels A second GHG inventory was conducted in 2019 using 2018 data to track the City's progress toward its 2020 climate goals. According to the inventory, the community-wide GHG emissions for 2018 were 1,128,690 MTCO2e, 12.9% below its 2007 levels. Together, we achieved our first goal! Like 2007, emissions from energy use and transportation fuels continued to be the largest contributors to the city-wide GHG inventory. However, emissions from energy consumption decreased from 65% in 2007 to 59% in 2018, while emissions from transportation fuels increased from 30% to 38%. This is thought to be a result of Duke Energy increasing its reliance upon renewable energy and natural gas which decreased emissions for the city of Figure 2.4. Climate Mayors logo Figure 2.5.- 2018 Emissions chart DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 14 ) Clearwater Greenprint 2.0 Clearwater. Solid waste emissions were reduced from 5% of the 2007 inventory to 3.3% of the 2018 inventory. The city’s waste-water operations continued to have a marginal effect on the city’s total emissions, reducing from 0.13% of the 2007 inventory to 0.12% of the 2018 inventory. Where Are We Going? Based on the city's population of 116,478 in 2018, average GHG emissions per person were 9.69 MTCO2e. Based on the 2018 levels, Clearwater's community-wide emissions were forecasted for the next three decades. Figure 2.3.- Clearwater Business as Usual / Duke Renewable Energy & Carbon Neutral Goals Not Included; Projected CO2e Values Under this "business as usual" scenario, in which Clearwater does not make or experience any major changes to its emissions, the community's total greenhouse gas emissions would stand at nearly 1.1 million MTCO2e by 2035, increasing to over 1.2 million MTCO2e by 2050. This is largely due to the increased number of miles traveled by automobile per person. However, in 2019 Duke Energy announced its goal of becoming carbon neutral by 2050. To achieve carbon neutrality, the utility company will shift its electricity energy sources away from coal and towards lower-carbon energy solutions. If this goal was to be achieved by Duke Energy, Clearwater's greenhouse gas emissions would fall to roughly 972,000 MTCO2e DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 15 ) Clearwater Greenprint 2.0 in 2035 and further to 823,000 MTCO2e in 2050. This decrease would occur even if the city did not pursue further greenhouse gas reduction measures of its own. Figure 2.4.- Clearwater Business as Usual / Duke Renewable Energy & Carbon Neutral Goals Included; Projected CO2e Values with Reductions Applied In December of 2015, 197 countries, including the United States signed onto the historic Paris Climate Agreement. The overarching goal of this international climate accord is to limit global warming to well below 2° Celsius compared to pre-industrial levels. Though the United States temporarily withdrew from the agreement in 2020, the nation rejoined in 2021. In the years since the announcement to withdraw from the accord, local implementation of the Paris Climate Agreement has been a focus for local governments nationwide—including the city of Clearwater. The decision to rejoin the accord bolsters the city’s ongoing GHG reduction efforts and opens the door to opportunities for much-needed federal aid. With new, more ambitious GHG reduction goals, Clearwater Greenprint 2.0 is anticipated to reduce community-wide greenhouse gas emissions to under 260,000 MTCO2e by 2050. Envision Our Future Clearwater Greenprint 2.0 has two overarching Goals: • Reduce the city’s GHG emissions 25% below 2007 levels by 2035 and; • Reduce the city’s GHG emissions 80% below 2007 emission levels by 2050 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 16 ) Clearwater Greenprint 2.0 And also seeks to accomplish the following Objectives: • Transform Clearwater into a community where people walk, bike, take transit, or carpool for most trips in a safe, accessible and affordable transportation network. • Make Clearwater a leader in clean and local renewable energy opportunities. • Transform our buildings into high-performing places to live, work, learn and play. • Inspire community action and ensure environmental justice and equity as we transition to a lower carbon, more sustainable community. • Create a thriving urban agriculture community in order to increase the local knowledge and abundance of healthy, sustainable food. • Become a leader in sustainable, smart transportation through innovative partnerships, policies, programs and technology. • Understand potential climate-related risks and mitigate these risks while preparing our community to chronic and extreme weather events. The following lists the targets Clearwater Greenprint aims for in order to maintain a competitive, vibrant, and green Clearwater for future generations, while improving the quality of life for those who live here today. Often, world problems can seem so daunting. But positive change is possible. And maybe it’s not from one person doing a big thing but from many people doing small things. Chinese philosopher, Lao Tzu, stated “a journey of a thousand miles begins with a single step”. Greenprint invites you to find your “single step” and run with it. We are each essential to creating a sustainable city. Together, we can go far. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 17 ) Clearwater Greenprint 2.0 Learn More About Climate Change and GHG Mitigation Benefits: Climate Change Impacts Cho, R. (2019, June 20). How climate change impacts the economy. EI State of the Planet. https://blogs.ei.columbia.edu/2019/06/20/climate-change- economy-impacts/. Diffenbaugh, N. S., & Burke, M. (2019). Global warming has increased global economic inequality. Proceedings of the National Academy of Sciences, 116(20), 9808–9813. https://doi.org/10.1073/pnas.1816020116 Benefits of Energy Efficiency Florida Public Service Commission. (2004, June 8). 105 Causes of High Utility Bills - Florida Public Service Commission. http://www.psc.state.fl.us/Publications/CausesOfHighBill. Weisbrod, G., & Reno, A. Economic Impact of Public Transportation Investment. American Public Transportation Association. Report available online at http://onlinepubs.trb.org/onlinepubs/tcrp/docs/TCRPJ- 11Task7-FR.pdf Public Health Benefits United States Environmental Protection Agency. (2021, February 5). Progress Cleaning the Air and Improving People's Health. https://www.epa.gov/clean-air-act-overview/progress- cleaning-air-and-improving-peoples-health. Harvard Health Publishing - Harvard Medical School. (2010, July). A prescription for better health: go alfresco. Harvard Health Letter - A prescription for better health: go alfresco. https://www.health.harvard.edu/newsletter_article/a- prescription-for-better-health-go-alfresco. Food Import Environmental Impacts Hannah Ritchie (2020). Environmental impacts of food production. OurWorldInData.org. https://ourworldindata.org/environmental-impacts-of-food. Rosenthal, E. (2008, April 26). Environmental Cost of Shipping Groceries Around the World. The New York Times. https://www.nytimes.com/2008/04/26/business/worldbusine ss/26food.html. Duke Energy Climate Report Duke Energy 2020 Climate Report. (2020). Retrieved February 22, 2021, from Duke Energy website: https://www.duke- energy.com/_/media/pdfs/our-company/climate-report- 2020.pdf DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 18 ) Clearwater Greenprint 2.0 Target Timelines DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 19 ) Clearwater Greenprint 2.0 Clearwater Greenprint 2.0 takes advantage of common-sense approaches and policies that our local government is uniquely positioned to implement – actions that can reduce energy use and waste, create local jobs, improve air quality and benefit Clearwater for years to come. Document Structure The diagram shown below outlines the document structure of Clearwater Greenprint 2.0. Some of the components of the plan, namely goals and targets have already been defined. Core Topics and Strategies are defined in the sections below. Figure 3.5.- Document hierarchy diagram Core Topics Clearwater Greenprint 2.0 contains the same eight topics found in the original Clearwater Greenprint plan. These eight topics were identified as areas in which the city can achieve greenhouse gas reductions and cost savings: • Education and Awareness, • Green Energy & Buildings, • Transportation, • Livability, • Water Conservation, • Waste Reduction, • Local Food, and • Green Economy. How to read Clearwater Greenprint 2.0 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 20 ) Clearwater Greenprint 2.0 Strategies The Clearwater Greenprint 2.0 includes measurable and achievable strategies that the city, businesses, and residents can incorporate into their daily lives to accomplish each target outlined in the previous section. In this document, strategies provide the foundation for addressing sustainability issues over a 30-year planning period and beyond. The strategies focus on actions that can be implemented at the local level over the span of 0-5 years (short-term), 6-10 years (medium-term) and 11-30 years (long-term). The Clearwater Greenprint 2.0 is intended to be a framework for specific action with built-in flexibility for timing and emphasis. Each Strategy corresponds to a Core Topic. For example, the “Community Education” Strategy is presented under the “Education and Awareness” Core Topic. Green Glossary Each of us has a different level of understanding and exposure when it comes to the environment, sustainability, and government functions. In order to make Clearwater Greenprint 2.0 accessible to everyone, a Green Glossary is provided at the beginning of the document. Words in green can be found there with an explanation. Mitigation and Adaptation The city of Clearwater is already experiencing effects of climate change. The 2020 Atlantic hurricane season was the busiest ever recorded with 31 tropical cyclones. The same year, the state of Florida experienced record-breaking temperatures for six months of the same year. Water levels in Tampa Bay have also increased nearly eight inches over the last 60 years. Reducing community GHG emissions is climate mitigation, meaning it will reduce the negative impacts of climate change in the future. Clearwater Greenprint 2.0 also considers climate adaptation, the need to address the climate hazards that Clearwater already experiences in order to make the city resilient. Climate adaptation is a form of risk management. Current hazards, like increased heat, sea levels and precipitation levels, are magnified by climate change and the city needs to plan accordingly. As such, Clearwater Greenprint 2.0 proposes climate change mitigation strategies that support adaptation and avoid those that may contribute to anticipated climate change impacts. Equity and Inclusion Equity and inclusion components are interwoven throughout this document. Low-income populations, communities of color, people with disabilities, elders, refugees, immigrants, and other frontline communities often bear the brunt of climate impacts. Even worse, these communities often go without the necessary infrastructure and support systems to manage climate impacts and frequently do not receive any of the benefits of a clean and sustainable future. Inequity correlates with greater vulnerability to physical challenges, making many in Clearwater disproportionately at risk from the impacts of natural disasters and climate DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 21 ) Clearwater Greenprint 2.0 change. Creating a resilient community entails addressing the social inequities that cause disparities in health outcomes, income, educational attainment, and more. Emissions Reduction Potential Calculating expected GHG emissions reductions for each mitigation strategy requires making assumptions about degree of implementation, technology, and individual behavioral changes several years into the future. Since the desired GHG emissions reductions have yet to occur, other measurable factors are used to predict their outcomes. The strategies discussed in this report are the predictive factors, and the symbols shown below represent their respective impacts on GHG reductions and Target Timeline items. The symbols distinguish between strategies with low potential impact, medium potential impact, and high potential impact on the Clearwater’s GHG reduction goals. Strategies with an unknown impact are assigned their own symbol as well. This “unknown potential impact” symbol is used in cases where is difficult to gauge how certain tactics, like education and the localization of resources, will be embraced and acted upon. Low Potential Impact Medium Potential Impact High Potential Impact Unknown/Undefined Potential Impact Strategy Status Indicators Clearwater Greenprint 2.0 includes a combination of existing policies and programs as well as new ideas based on best practices locally and nationwide. The document notes whether a Strategy is currently ongoing, in-progress or not yet started. There are a few Strategies from the first Clearwater Greenprint plan that are no longer goals. These strategies will be listed in Appendix IV alongside an explanation as to why they are no longer included in the city’s plan. Learn More! Interested in learning more about the topics covered in this document? Try clicking on the green leaves scattered throughout this document. The leaf will take you to an article or website with more background information. Links are indexed by subject matter topic at the end of each report section. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 22 ) Clearwater Greenprint 2.0 Not Started In Progress Strategy has been completed or is ongoing Evaluation of Strategies and Their Benefits In addition to measuring the GHG reduction potential, each Strategy is also marked for other benefits that may be experienced from implementing each Strategy. These benefits include public health, equity and justice, jobs and prosperity, environmental conservation, and resilience. The symbols below indicate the co-benefits each Strategy are likely to generate (if any). Supports jobs and prosperity Advances equity, inclusion, and justice Improves local environmental conservation initiatives Improves public health Increases community resilience DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Welcome to Clearwater Greenprint ( Page 23 ) Clearwater Greenprint 2.0 Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Education and Awareness ( Page 23 ) Clearwater Greenprint 2.0 It’s going to take the entire community to create a sustainable, vibrant Clearwater. Raising community awareness with compelling and useful information about the importance of sustainability is vital. In addition to understanding the benefits of sustainability on Clearwater’s environment, it is important to demonstrate that sustainability will result in improved human health and happiness, economic advancement, and a greater sense of community overall. To achieve this awareness, the city will create and provide information to educate and involve Clearwater citizens in green best practices and programs. The city will incorporate Clearwater Greenprint 2.0 strategies and initiatives into its ongoing communications activities, creating opportunities to encourage responsibility and foster participation in making Clearwater a sustainable community. Opportunities for education and awareness can be realized by creating venues for different groups to work together. These include neighborhood associations, organizations, schools, businesses, utilities, and government agencies. Mission Statement Community Education Community Outreach Youth Programs Municipal Staff Education Continuous Reporting Resilience Planning and Outreach Education and Awareness Photo Credit: Maranda Douglas Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Education and Awareness ( Page 24 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 5.1 Mission Statement A. Write or re-write mission statement for city of Clearwater to include environmental commitment. B. Incorporate the mission statement into the local government’s comprehensive plan. 5.2 Community Education A. Promote education through publications and public events. B. Provide pertinent local GIS and other data online. 5.3 Community Outreach A. Develop new events that engage the community in sustainability through fun and innovative activities. B. Continue to host an annual sustainability conference. 5.4 Youth Programs A. Continue youth education programs to educate students about resource conservation. B. Further current efforts by coordinating with the Pinellas County School Board. 5.5 Municipal Staff Education A. Organize ongoing educational workshops and presentations to keep staff and elected officials up to date on sustainability initiatives and opportunities. B. Integrate sustainable practices into daily operations and serve as ambassadors and educators about city sustainability programs and projects in daily interactions with the public. Education and Awareness – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Education and Awareness ( Page 25 ) Clearwater Greenprint 2.0 5.6 Continuous Reporting A. Continuously measure, evaluate, and address both mitigation and adaptation progress in accordance with ICLEI Local Governments for Sustainability, USA Five Milestones for Climate Mitigation and Adaptation. 5.7 Resilience Planning and Outreach A. Form a Resilience Committee comprised of city staff and community partners. B. Initiate a vulnerability assessment throughout the Clearwater area to identify the factors most at risk to climate change stressors. C. Formulate a Climate Action Plan to address each of the vulnerabilities identified and further direct the city’s resilience work. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Education and Awareness ( Page 26 ) Clearwater Greenprint 2.0 5.1.- Mission Statement A. Write or re-write mission statement for city of Clearwater to include environmental commitment. B. Incorporate the mission statement into the local government’s comprehensive plan. The city of Clearwater is committed to accomplishing the strategies outlined in this document. In recognition of the fact that that other municipalities throughout the State of Florida have done the same, the city’s mission statement and comprehensive plan will be revised to formalize this commitment. 5.2.- Community Education A. Promote education through publications and public events. B. Provide pertinent local GIS and other data online. In early 2020, a Sustainability & Resilience webpage was created to inform the public about the city’s sustainability goals and progress. This website also functions as a resource center, where Clearwater residents, businesses, and tourists can learn how to become more sustainable in their own lives. The city will promote education through its publications and public events. A quarterly report about the city’s sustainability progress will be available online and will be promoted through the city’s email and social media accounts. The city will also create an annual workshop series that covers each of the Greenprint topic areas and will involve various staff and community members who are experts in each focus. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Education and Awareness ( Page 27 ) Clearwater Greenprint 2.0 5.3.- Community Outreach A. Develop new events that engage the community in sustainability through fun and innovative activities. B. Continue to host an annual sustainability conference. Engagement is at the core of education. The city is committed to developing new events that engage the community in sustainability in fun and innovative ways. Examples include art contests, speaker and film series, and neighborhood campaigns. In 2019, the city held its first sustainability conference. Created in partnership with the Clearwater Neighborhoods Coalition and Suncoast Sierra Club, the conference was titled “Building Better Neighborhoods Through Sustainability: A Toolkit for Positive Change”. Topics included energy efficiency for the home, Florida-friendly landscaping, waste reduction, composting, and ocean-friendly lifestyle practices. The conference was well received, and the city intends to make this an annual event. 5.4.- Youth Programs A. Continue youth education programs to educate students about resource conservation. B. Further current efforts by coordinating with the Pinellas County School Board. Figure 1.- Recycling education center at 2020 SeaBlues Festival Figure 2.- 2019 Sustainability Conference DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Education and Awareness ( Page 28 ) Clearwater Greenprint 2.0 A successful education initiative must also engage Clearwater youth. Various departments, like the Public Utilities and Solid Waste/Recycling departments, have programs to educate students about resource conservation. The city will further this effort by coordinating with the Pinellas County School Board to create a School Sustainability Committee. 5.5.- Municipal Staff Education A. Organize ongoing educational workshops and presentations to keep staff and elected officials up to date on sustainability initiatives and opportunities. B. Integrate sustainable practices into daily operations and serve as ambassadors and educators about city sustainability programs and projects in daily interactions with the public. The city will organize educational workshops and presentations to keep decisionmakers up to date on sustainability initiatives and opportunities as well as to keep City Council members connected to the Greenprint 2.0 goals, strategies, and initiatives. Designated city staff will pursue ongoing education and will maintain certifications pertaining to green project design. In addition, staff will integrate sustainable practices into daily operations while serving as ambassadors and educators for city sustainability programs and projects through their interaction with the public. Clearwater staff will also be encouraged to engage personally with the city’s sustainability efforts. Specifically, they will be encouraged to use fewer single-use plastics through distribution of reusable water bottles to all employees, and review Clearwater’s commitment to the environment during new employee orientation. 5.6.- Continuous Reporting A. Continuously measure, evaluate, and address both mitigation and adaptation progress in accordance with ICLEI Local Governments for Sustainability, USA Five Milestones for Climate Mitigation and Adaptation Sustainability is an ongoing process. Communities must celebrate their successes while continuing to pursue further emission reductions and resilience improvements. While Clearwater has already begun to reduce GHG emissions and climate risk through a variety of actions, it must continuously measure, evaluate, and address both mitigation and adaptation progress. Thankfully, two approaches to achieve this ongoing work have been DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Education and Awareness ( Page 29 ) Clearwater Greenprint 2.0 developed by the International Council for Local Environmental Initiatives (ICLEI). These are known as the Five Milestones for Climate Mitigation and Adaptation. Figure 1 Five Milestones for Climate Mitigation Figure 2 Five Milestones for Climate Adaptation Furthermore, tracking the success of existing and future green initiatives is a vitally important component of Clearwater Greenprint. To lead by example, the city will continue to highlight its green initiatives and report the associated benefits. Environmental, economic, and social metrics will be collected and reported. The benefits, costs, and lessons learned of the various efforts will be shared with the Clearwater community as well as other local governments through the Sustainability & Resilience website. Furthermore, the city will commit to conducting a GHG inventory every two years to assess progress. 5.7.- Resilience Planning and Outreach A. Form a Resilience Committee comprised of city staff and community partners. B. Initiate a vulnerability assessment throughout the Clearwater area to identify the factors most at risk to climate change stressors. C. Formulate a Climate Action Plan to address each of the vulnerabilities identified and further direct the city’s resilience work. COBENEFITS: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Education and Awareness ( Page 30 ) Clearwater Greenprint 2.0 Becoming a resilient community requires climate adaptation measures. According to the Fourth National Climate Assessment, climate adaptation has five general stages: 1. Awareness, 2. Assessment, 3. Planning, 4. Implementation, and 5. Monitoring and Evaluation. The city will begin with Stage 1 and form a Resilience Committee to increase resilience planning and awareness throughout Clearwater. The committee will be comprised of city staff and community partners, such as teachers, neighborhood leaders, artists, and financial and insurance industry representatives who can explain financial risks. The committee will be responsible for creating an educational outreach and communications program to raise awareness of climate change risks and emergency preparedness in our residents and business owners. The Resilience Committee will also be responsible for initiating vulnerability assessments throughout the Clearwater area to identify the factors most at risk to climate change stressors. From these assessments, a Climate Action Plan will be pursued to address these vulnerabilities and further direct the city’s resilience work. This plan could be included as a section in the next Clearwater Greenprint edition. Learn More About Topics in Education and Awareness: Employee Education and Emissions Reduction U.S. Energy Information Administration - About 13% of U.S. electricity generating capacity can switch between natural gas and oil (2020, February 2). Retrieved January 28, 2021, from https://www.eia.gov/todayinenergy/detail.php?id=4 2776 Clean Energy Solutions Center: Natural Gas Fuel Switching. (n.d.). Retrieved January 28, 2021, from https://cleanenergysolutions.org/resources/technology/na tural-gas-fuel-switching Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 31 ) Clearwater Greenprint 2.0 Photo Credit: Dondi Guiterrez Most buildings in Clearwater were built during a time when electricity was cheap and abundant and less was known about the potential environmental impacts. Today, the effects of conventional energy sources on our global and local environments is better understood. Reducing the amount of energy used through efficiency improvements to existing buildings and the development of new buildings to high-performance standards, coupled with shifting to renewable energy sources, is now recognized as one of the most important actions needed to create a more sustainable community and future. Electricity continues to be the biggest contributor to our community-wide GHG emissions, with most of that electricity being used for the lighting, heating and cooling of buildings. Clearwater purchases all electricity from Duke Energy, a private utility company. As of 2017, Duke Energy relied on fossil fuels (i.e., coal and natural gas) to generate 61.7% of the electricity it produced. Nuclear energy accounted for 33.7% of the remaining electricity, while wind and solar accounted for 3.9%. Making a positive impact on the city’s energy use is a community effort and will require the participation of residents, businesses, and institutions alike. Each can reduce energy use by implementing such measures as attic insulation, duct leak repair, replacing incandescent light bulbs with LED light bulbs and upgrading air conditioning units, windows, and appliances to more efficient ones. In addition to reducing the amount of energy used, it is also important to find opportunities for renewable energy. Without action, the community will continue to rely on fossil fuels, leading to significant increases in energy costs and GHG emissions over the next 25 years. With Clearwater being a mostly developed city, the potential for renewable energy expansion will rely on the installation of smaller systems distributed across the city as opposed to large-scale centralized plants. Green Energy and Buildings DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 32 ) Clearwater Greenprint 2.0 PACE - Energy Finance Program Resource Conservation Program Incentives for Upgrades Performance Standards Natural Gas Expansion Local Power Generation Renewable Energy Challenge Renewable Energy Finance Energy-Efficient Streetlights Municipal Energy Management Program and Policy Municipal Re-Commissioning Plan Municipal Performance Standard Phase-Out of Environmentally Harmful Refrigerants Resilient Infrastructure Photo Credit: Bryan Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 33 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 6.1 PACE - Energy Finance Program A. Partner with public and private organizations to establish an energy finance program. 6.2 Resource Conservation Program A. Develop and implement a program that performs comprehensive energy evaluations, recommends conservation practices and upgrades, provides basic information on financing options, and measures the environmental and economic benefits after implementation. 6.3 Incentives for Upgrades A. Implement a “feebate” program. 6.4 Performance Standards A. Encourage and assist developers in incorporating green building practices and standards into their design, construction, maintenance, and operations plans. B. Encourage the use of national building performance standards. 6.5 Natural Gas Conservation A. Continue offering programs by Clearwater Gas System to increase the number of residents and businesses using natural gas to power appliances in place of alternatives that produce more emissions upon combustion. 6.6 Local Power Generation A. Request proposals from private companies to design, build, install and operate small-scale energy generation facilities that can utilize available resources to generate electricity and/or heat. Green Energy and Buildings – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 34 ) Clearwater Greenprint 2.0 6.7 Renewable Energy Challenge A. Preparation of a marketing and outreach campaign challenging property owners to install renewable energy technologies. B. Support code changes that remove obstacles to installing renewable energy systems. C. Provide information to assist residents with purchasing renewable energy equipment. D. Include information about local, state, and federal incentives, economic and environmental benefits, contact information for local contractors, financing options. E. Create a website that allows the Clearwater community to submit property information and view addresses where renewable energy systems have been installed. 6.8 Renewable Energy Finance A. Investigate financing mechanisms for expanding renewable energy generation. B. Launch a solar co-op program in which residents can coordinate bulk purchase of PV systems for reduced price. 6.9 Energy-Efficient Streetlights A. Request conversion of all Duke Energy-owned electric streetlights to LED. 6.10 Municipal Energy Management Program and Policy A. Partner with a third-party company to create an energy savings program including staff training and web-based energy consumption tracking, and benchmarking for municipal buildings. 6.11 Municipal Re- Commissioning Plan A. Establish a re-commissioning plan to inspect, test, and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment. B. Create an LED lightbulb conversion program for city buildings. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 35 ) Clearwater Greenprint 2.0 C. Train key staff that do not have the appropriate skills to test the equipment. D. Identify any environmentally harmful refrigerants in its operations and phase them out as part of its re- commissioning process (see Green Energy and Buildings Strategy #11). 6.12 Municipal Performance Standard A. Build all new municipal facilities to a nationally recognized high-level performance standard (e.g., Leadership in Energy and Environmental Design, Florida Green Building Coalition, and Energy Star). 6.13 Resilient Infrastructure A. Existing and new infrastructure complies with comprehensive resilience guidelines and the recommendations provided by the Tampa Bay Regional Resiliency Coalition. B. Prioritize resilience upgrades in capital and operational budgets. C. Create educational materials and events for the public to improve the adaptive capacity of their own buildings, structures, and properties. D. Explore grant opportunities for municipal photovoltaic and energy storage for critical building infrastructure (e.g., emergency shelters, schools, cooling centers, and nursing or assisted-living homes) to protect vulnerable populations and reduce GHG emissions. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 36 ) Clearwater Greenprint 2.0 6.1.- PACE – Energy Finance Program A. Partner with public and private organizations to establish an energy finance program. Many properties in Clearwater can reduce energy use significantly through minor improvements, such as adding insulation, high-efficiency appliances (e.g., water heater) and high-efficiency lighting. Properties can also generate a percentage of their electricity use through installation of renewable energy systems. This includes solar and geothermal systems which run on thermal energy found below the earth’s surface. While basic energy efficiency improvements are the most economical way to reduce energy use, property owners may be discouraged by up-front investment costs. The city will partner with public and private organizations to establish an energy finance program that provides commercial property owners with long-term, low-interest loans for energy improvements. The program would target older, inefficient commercial and industrial buildings and prioritize retrofits that result in cost savings that exceed, or at least offset, the original investment. Loan payments will be assessed to the property tax bill (e.g., Property Assessed Clean Energy) so that the loan is assigned to the property instead of the property owner. 6.2.- Resource Conservation Program A. Develop and implement a program the performs comprehensive energy evaluations, recommends conservation practices and upgrades, provides basic information on financing options, and measures the environmental and economic benefits after implementation. Commercial and industrial properties are responsible for more than half of the electricity use in the city. With the help of private companies and educational organizations, the city will develop and implement a program that performs comprehensive energy evaluations, recommends conservation practices and upgrades, provides basic information on financing options, and tracks the environmental and economic benefits after implementation. Program DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 37 ) Clearwater Greenprint 2.0 partners, such as local vendors and utilities, could offer discounted products to incentivize improvements that increase resource conservation. 6.3.- Incentives for Upgrades A. Implement a “feebate” program. Major renovations on commercial buildings in Clearwater provide a great opportunity to improve existing buildings with energy efficiency improvements. To encourage both improvements on existing buildings and building preservation, the city will implement a “feebate” program, a self-financing system of fees and rebates that would reward developers that renovate buildings to a nationally recognized high-performance standard using fees charged to developers that do not. 6.4.- Performance Standards A. Encourage and assist developers in incorporating green building practices and standards into their design, construction, maintenance and operations plans. B. Encourage the use of national building performance standards. During redevelopment projects, the city will work with and encourage developers to incorporate green building practices and standards into their design, construction, and maintenance and operation plans. For example, a builder could construct solar-ready homes to facilitate installation of solar panels by the property owner. The city will encourage the use of national building performance standards, such as Leadership in Energy and Environmental Design (LEED), Florida Green Building Coalition and Energy Star. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 38 ) Clearwater Greenprint 2.0 6.5.- Natural Gas Conservation A. Continue offering programs by Clearwater Gas System to increase the number of residents and businesses using natural gas to power appliances in place of alternatives that produce more emissions upon combustion. Natural gas generally emits less CO2 during combustion than coal, gasoline, and propane. Lower CO2 emissions and widespread availability makes natural gas comparatively less environmentally harmful, and therefore, a preferable substitute where there isn’t sufficient infrastructure to support emission-free energy generation and distribution. Clearwater Gas System launched several programs to increase the number of residents and businesses that use natural gas to power appliances (e.g., water heaters and ranges). Clearwater Gas System will continue to offer these programs to provide natural gas as an alternative to standard electricity. It is worth noting that natural gas is itself a GHG and still produces CO2 upon combustion. Consequently, campaigns promoting use of natural gas will be paired with educational materials promoting energy efficiency and conservation. 6.6.- Local Power Generation A. Request proposals from private companies to design, build, install and operate small-scale energy generation facilities that can utilize available resources to generate electricity and/or heat. B. Set municipal renewable energy targets COBENEFITS On average, Clearwater receives 361 days of sunshine each year. That sunshine can be captured and used to generate energy through installation of photovoltaic (solar) systems. The city also has the potential to generate energy from a variety of local sources, including biogas from wastewater treatment facilities and biomass (i.e., yard and food waste). The city will request proposals from private companies to design, build, install and operate small- scale energy technologies that can utilize available resources to generate electricity and/or heat energy. The most viable technologies will generate energy at a competitive rate for the city while also reducing other sources of GHG such as those from solid waste and biogas. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 39 ) Clearwater Greenprint 2.0 6.7.- Renewable Energy Challenge A. Preparation of a marketing and outreach campaign challenging property owners to install renewable energy technologies. B. Support code changes that remove obstacles to installing renewable energy systems. C. Provide information to assist residents with purchasing renewable energy equipment. D. Include information about local, state, and federal incentives, economic and environmental benefits, contact information for local contractors, financing options. E. Create a website that allows the Clearwater community to submit property information and view addresses where renewable energy systems have been installed. COBENEFITS There is ample space for installing renewable energy systems (e.g., photovoltaic systems and geothermal) on already existing residential, commercial, industrial and city properties. The city will prepare a marketing and outreach campaign to challenge property owners to install renewable energy technologies. As part of the challenge, the city will strive to meet the goal by purchasing and installing renewable energy systems that are economically viable and that have the quickest return on investment. To assist residential, commercial, and industrial property owners in meeting the challenge, the city will support code changes that remove obstacles to installing renewable energy systems and provide information to assist the consumer in purchasing renewable energy equipment. Information may include local, state, and federal incentives, local contractors, economic and environmental benefits of the technology, potential ways to finance the systems and a website that allows the Clearwater community to view and post where installations have been made. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 40 ) Clearwater Greenprint 2.0 6.8.- Renewable Energy Finance A. Investigate financing mechanisms for expanding renewable energy generation. B. Launch a solar co-op program in which residents can coordinate bulk purchase of PV systems for reduced price. Aside from energy finance programs (Green Energy & Buildings Strategy #1), there are other public and private financing tools that can be used to lower up-front costs of renewable energy systems for property owners. The city will investigate various financing mechanisms for expanding renewable energy generation and share its findings with the community at large. Some financing mechanisms include clean renewable energy bonds, power purchase agreements, net metering, and bulk purchasing of renewable energy. The United States Internal Revenue Service administers the Clean Renewable Energy Bond program which provides funding to public organizations for renewable energy projects. Power Purchase Agreements are agreements between power producers and customers in this case, for the purchase of renewable energy. Net metering is a system in which solar panels or other renewable energy generators are connected to a public utility power grid and surplus power is transferred onto the grid allowing customers to offset the cost of power drawn from the utility. In 2020, the city enrolled in Duke Energy’s Clean Energy Connection program. The program will enable the city to receive 40% (11,284 kW) of its annual municipal electricity consumption from Duke’s solar systems starting in 2022. The city also partnered with Solar United Neighbors (SUN), a non-profit that enables residential groups to purchase photovoltaic systems at lower prices. By participating in the SUN Greater St. Pete Solar Co-op program, interested Clearwater residents joined with other Pinellas County residents to organize and purchase photovoltaic systems in bulk. This enables each household to receive the system at a significant reduction in price. The city will continue partnering with SUN to enable future solar co-ops across Clearwater. Another option that is available to residents is the Solar and Energy Loan Fund (SELF). SELF is a nonprofit organization that provides loans, project management and contractor vetting for home improvement options that improve energy efficiency, water conservation and storm preparedness. The organization prioritizes low- and moderate-income neighborhoods to achieve positive environmental impacts while reducing the costs of home ownership. The city will work to publicize the availability of SELF programs at events and in its publications. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 41 ) Clearwater Greenprint 2.0 6.9.- Energy-Efficient Streetlights A. Request conversion of all Duke Energy-owned electric streetlights to LED. Compared to conventional lighting, light emitting diode (LED) lighting can reduce energy use by 50% and requires less maintenance. Since 2015, the city has converted over 11 thousand streetlights to LED bulbs. All traffic signals, including pedestrian signals, now use LED lighting as well. With support from local governments such as Pinellas County and St. Petersburg, Clearwater will approach Duke to request conversion of the electric utility’s streetlights to LED lighting for lights that have yet to be converted. 6.10.- Municipal Energy Management Program & Policy A. Partner with a third-party company to create an energy savings program including staff training and web-based energy consumption tracking, and benchmarking for municipal buildings. B. Develop a formal energy management policy for city buildings and operations. Behavior change can go a long way when it comes to saving energy. The city will work with a third-party company to create an energy savings program for its facilities. This program will include staff training, web-based energy tracking of individual buildings and energy benchmarking. From this program, the city will develop a formal energy management policy for city buildings and operations with the intent to reduce electricity intensity (kilowatt-hours per square foot) an additional 10% below our 2019 levels by 2025. The policy will set reduction targets and dates, standardize operation practices (e.g., thermostat set points), establish energy benchmarking protocol and specify acceptable and prohibited equipment use and purchases. Best practices and results will be shared with the business community to expand the energy efficiency practices city-wide. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 42 ) Clearwater Greenprint 2.0 6.11.- Municipal Re-commissioning Plan A. Establish a re-commissioning plan to inspect, test, and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment. B. Create an LED lightbulb conversion program for city buildings. C. Train key staff that do not have the appropriate skills to test the equipment. D. Identify any environmentally harmful refrigerants in its operations and phase them out as part of its re-commissioning process (see Green Energy and Buildings Strategy #11) COBENEFITS The city has made investments in energy efficiency upgrades of its buildings and has been able to save hundreds of thousands of dollars in energy and operational costs. Through these upgrades, the city is expected to continue saving money, with an expectation that these upgrades could create millions of dollars in savings over the next six years. However, the full energy savings will not be achieved without ongoing maintenance of the equipment. The city will establish a re-commissioning plan to inspect, test and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment. An LED light bulb conversion program will be created for city buildings in order to strategically change out energy-wasting light bulbs and quantify the resulting energy savings on a building-by-building basis. Where necessary, the city will provide training to key staff that currently do not have the appropriate skills to test the equipment. In addition, certain chilling appliances have a high impact on the climate due to the refrigerants they use. These refrigerants are powerful GHGs called hydrofluorocarbons (HFCs). HFCs are short-lived pollutants, but they have a heat-trapping impact on global warming that’s thousands of times more powerful than that of carbon dioxide. Appliances such as chillers, refrigerators, freezers, ice makers, dehumidifiers and air conditioners likely contain HFCs. Unfortunately, as the world gets hotter, demand for air conditioning increases. In fact, by 2050, Florida is projected to experience some of the highest frequencies of extreme heat in the nation. Thankfully, HFC substitutes, like propane and ammonia, are available. The city will identify any environmentally harmful refrigerants in its operations and phase them out as part of its re-commissioning process (Green Energy and Buildings Strategy #11). DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 43 ) Clearwater Greenprint 2.0 6.12.- Municipal Performance Standard A. Build all new municipal facilities to a nationally recognized high- level performance standard (e.g., Leadership in Energy and Environmental Design, Florida Green Building Coalition, and Energy Star). The city will lead by example by building all new municipal facilities to a nationally recognized, high-level performance standard such as LEED, Florida Green Building Coalition or Energy Star. Within a chosen standard, the city will prioritize energy and water efficiency as well as waste reduction features. 6.13.- Resilient Infrastructure A. Existing and new infrastructure complies with comprehensive resilience guidelines and the recommendations provided by the Tampa Bay Regional Resiliency Coalition. B. Prioritize resilience upgrades in capital and operational. C. Create educational materials and events for the public to improve the adaptive capacity of their own buildings, structures, and properties. D. Explore grant opportunities for municipal solar photovoltaic and energy storage for critical building infrastructure (e.g., emergency shelters, schools, cooling centers, and nursing or assisted-living homes) to protect vulnerable populations and reduce GHG emissions. COBENEFITS: Existing city facilities and infrastructure may need to be retrofitted extensively in order to withstand local climate change impacts. The vulnerability assessment, outlined in item 5.7(c) of the Resilience Planning and Outreach Strategy, will provide a greater understanding of the projected climate change impacts and risks, as well as the city infrastructure that is most vulnerable. The city will aim to have both existing and new buildings and infrastructure comply with comprehensive resilience guidelines and the recommendations provided by the Tampa Bay Regional Resiliency Coalition. The city will also routinely update its design criteria and community development code to further advance this shift towards resilience. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Energy and Building ( Page 44 ) Clearwater Greenprint 2.0 The city will also prioritize resilience upgrades in its capital and operational budgets in order to reduce the long-term risk and negative economic impact of climate change. Finally, the city will create educational materials and events for the public to improve the adaptive capacity their own buildings, structures, and properties. Information such as FEMA flood zone identification, hurricane preparedness, living shoreline or sea wall installation, sea level rise projections and more will be provided in an understandable and reoccurring manner. To protect vulnerable populations while reducing GHG emissions, the city will also explore grant opportunities to add photovoltaic and energy storage for critical building infrastructure, including emergency shelters, schools, cooling centers and nursing or assisted-living homes. Learn More About Green Energy and Building: Renewable Energy Financing Guide to Purchasing Green Power (Rep.). (2018, September). Retrieved February 21, 2021, from United Stated Environmental Protection Agency website: https://www.epa.gov/sites/production/files/2016- 01/documents/purchasing_guide_for_web.pdf Fuel Switching U.S. Energy Information Administration - About 13% of U.S. electricity generating capacity can switch between natural gas and oil (2020, February 2). Retrieved January 28, 2021, from https://www.eia.gov/todayinenergy/detail.php?id=4 2776 Clean Energy Solutions Center: Natural Gas Fuel Switching. (n.d.). Retrieved January 28, 2021, from https://cleanenergysolutions.org/resources/techn ology/natural-gas-fuel-switching Building Energy Benchmarking Benchmarking. (n.d.). Retrieved January 28, 2021, from https://www.energystar.gov/partner_resources/residential_ new/program_reqs/mfhr/benchmarking Extreme Heat in Florida Killer Heat in the United States Climate Choices and the Future of Dangerously Hot Days (Rep.). (2019, July). Retrieved February 22, 2021, from Union of Concerned Scientists website: https://www.ucsusa.org/sites/default/files/attach/2019/07/ killer-heat-analysis-full-report.pdf DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 45 ) Clearwater Greenprint 2.0 Transportation is a key sustainability issue for the city of Clearwater, as the combustion of fuels for transportation is the second-largest contributor to the city’s greenhouse gas emissions. The ability to travel easily and affordably using multiple types of transportation is also essential to a healthy local economy. Therefore, providing safe, convenient, and affordable transportation options for residents, workers, and visitors is an important component of the city’s sustainability plan. Having true transportation choices requires continued investment in “complete streets,” which accommodate pedestrians, bicyclists, transit, and cars; and in designing communities that make these transportation options possible. Clearwater is a largely developed community and most of the major streets in the city have been widened to the maximum extent. This means that new street widening projects to accommodate greater traffic flow are not possible in most areas. With this constraint in mind, we will need alternatives to automobile travel to meet the travel demands that come with increasing population. The pattern and design of our urban places should better support walking, transit, and bicycling. At the same time, the design and function of our street network needs to be rearranged to achieve a balance that meets the needs of all. In addition to promoting alternatives such as public transit, bicycling and walking, the city will prepare for the next major shift in the automobile industry: the electrification of vehicles. Electric vehicles have no direct emissions and are three to six times more energy efficient than a car that runs on gasoline. In addition to their lack of GHGs, switching to electric vehicles decreases the pressure for offshore drilling in the search of oil and results in healthier environments for people by decreasing air pollution. Improvements in the production of electric vehicles over the years have made them increasingly efficient and affordable. Vehicle Mile Reduction Complete Streets Policy Local Transit Improvement Low Emission Vehicles Municipal Fleet Conversion Congestion Management Municipal Telecommuting Policy Healthy Street Design k Transportation Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 46 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 7.1 Vehicle Mile Reduction A. Launch a VMT reduction campaign. B. Reduce city-wide VMT by 10%. C. Launch an internal VMT reduction program for employees. 7.2 Complete Streets Policy A. Complete actions outlined in the Complete Streets Plan B. Healthy street design is local government policy.. 7.3 Local Transit Improvement A. Continue to advocate for more funding to increase bus and trolley stops on existing routes. B. Collaborate with the Pinellas Suncoast Transit Authority (PSTA) to improve bus scheduling. C. Explore and encourage alternative forms of public transportation (e.g., Bus Rapid Transit, carpool, car share, bike share, scooter share, and ferry services). 7.4 Low Emission Vehicles A. Support construction of infrastructure for low-to-zero emission vehicles. B. Continue to install public EV charging stations. C. Change the Community Development Code to require charging stations for electric vehicles for new development and adopt “EV ready” policies. D. Host a minimum of one event per year at which the public is encouraged to try an electric vehicle. E. Partner with an organization such as the Sierra Club or Southern Alliance for Clean Energy to create an event that encourages residents and businesses to shift to hybrid electric vehicles. Transportation – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 47 ) Clearwater Greenprint 2.0 7.5 Municipal Fleet Conversion A. Adopt a Green Fleet Policy to govern use and procurement of fleet vehicles. B. Investigate financing mechanisms to offset cost of fleet conversion (e.g., vehicle leasing and federal tax credit). C. Increase the share of municipal light-duty vehicles running on alternative fuels. 7.6 Congestion Management A. Manage traffic congestion by considering alternative intersection designs. B. Continue to include roundabouts in new road construction projects. C. Consider use of other congestion management practices. 7.7 Municipal Telecommuting Policy A. Increase the alternative work schedule and telecommuting opportunities available to city workforce. B. Encourage virtual meetings in lieu of in-person meetings requiring travel by automobile whenever possible. Photo Credit: Bryan Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 48 ) Clearwater Greenprint 2.0 7.1.- Vehicle Mile Reduction A. Launch a VMT reduction campaign. B. Reduce city-wide VMT by 10%. C. Launch an internal VMT reduction program for employees. COBENEFITS Success in meeting the city’s GHG reduction goals will require each of us to commit to reducing the amount of driving we do. The city will promote this change by initiating a vehicle miles traveled (VMT) reduction campaign. This campaign will educate residents with the aim of reducing city-wide VMT by 10%. By setting a challenge to reduce VMT by 10%, businesses and residents who participate will consciously consider the amount of driving they do and take specific steps to reduce it. The city will promote a web based VMT reduction challenge tool that will track goals and results and encourage individuals and businesses to develop their own VMT reduction plans. The city will also lead by example through an internal VMT reduction program for their employees, which will require a shift in how employees get to work and conduct city business. 7.2.- Complete Streets Policy A. Complete actions outlined in the Complete Streets Plan. B. Healthy street design is local government policy COBENEFITS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 49 ) Clearwater Greenprint 2.0 Streets are a vital part of livable, attractive communities. Everyone, regardless of age, ability, income, race or ethnicity, should have safe, comfortable and convenient access to community destinations and public places—whether walking, driving, bicycling or taking public transportation. The city has a long-standing commitment to pedestrian and bicycle- friendly infrastructure, which reduces transportation-related GHG emissions, reduces traffic congestion, promotes a healthier lifestyle for Clearwater residents, and creates community cohesion. Providing sidewalks, trails, and bike lanes along city streets is a matter of policy for the city. According to Smart Growth America, Complete Streets are, “designed and operated to prioritize safety, comfort, and access to destinations for all people who use the street, especially people who have experienced systemic underinvestment or whose needs have not been met through a traditional transportation approach”. The city has made significant progress on its complete streets efforts since City Council approved the original Greenprint in 2011. Multiple trails were constructed to connect larger trails, and trail users can now travel all the way from Tampa to Clearwater Beach. A transportation planner position was created in 2016 to focus on the future of the city’s transportation and a Complete Streets Advisory Committee was also established to review future plans. Many residents from the Skycrest Neighborhood worked with city staff to secure a state grant for the Skycrest Complete Streets project in 2018. The intent of the project is to balance accessibility for all modes of transportation, enhance safety, and to encourage economic revitalization and reinvestment along Drew Street and surrounding neighborhoods. Most recently, Clearwater’s city council approved the Complete Streets Implementation Plan to achieve appropriate, active, and safe streets. Such streets can occur by analyzing the types of land uses (residential, commercial, industrial, public, and so on) within an area and understanding how the surrounding streets can be re-designed to meet the mobility needs of people who use them. According to the article, “Street Design Guidelines for Healthy Neighborhoods”, by Dan Burden of Walkable Communities, Inc., healthy streets are, “networks of roadways and connector trails in communities designed primarily for use by people, not just motorized vehicles.” Such streets are designed for motorists to feel comfortable operating at low speeds. Low traffic volume and low noise, easy access, and multiple routes to destinations are also features. Pedestrian and bicycle movements are favored.” The city of Clearwater will implement healthy street design principles as part of local government policy. The city will also consider the 12 Steps of Walkable Communities according to the Florida Department of Transportation Pedestrian and Bicycle Program and the Street Design Guidelines for Healthy Neighborhoods from Walkable Communities, Inc. in formulating new strategies and policy, and in daily operations. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 50 ) Clearwater Greenprint 2.0 7.3.- Local Transit Improvement A. Continue to advocate for more funding to increase bus and trolley stops on existing routes. B. Collaborate with the Pinellas Suncoast Transit Authority (PSTA) to improve bus scheduling. C. Explore and encourage alternative forms of public transportation (e.g., Bus Rapid Transit, carpool, car share, bike share, scooter share, and ferry services). COBENEFITS Improving the transit system will give residents, employees, and visitors access to jobs, services and tourist destinations. In 2017, the city partnered with the Pinellas Suncoast Transit Authority (PSTA) to construct the Clearwater Beach Transit Center. The center added a bus bay, multiple covered pedestrian waiting areas, and new stops for riders making connections along the beach. Most notably, the Clearwater Beach Transit Center included Pinellas county’s first queue-jump, signal prioritization which allows buses to pull ahead of traffic to shorten travel times. The city also funds additional trolley services during the time period in which most schools have spring break in order to reduce the amount of congestion to and from the beach. Most recently, the city is working with the Florida Department of Transportation and the PSTA to form a Memorial Causeway Busway Plan to improve traffic flow to Clearwater Beach. The PSTA has also made significant advancements in its ability to keep passengers informed about real-time bus schedules and wait times. Both a website and a downloadable phone application are available to improve user experience and increase ridership. The city has and will continue advocating for more funding to increase bus and trolley stops on existing routes, which will improve ridership by increasing convenience. The city can also work with the PSTA to prevent poor scheduling of buses and require a minimum amount of wait time between buses. Public transit has also evolved beyond what was envisioned at the time Clearwater Greenprint was first created. Public transit now includes Bus Rapid Transit, carpooling, car share systems (i.e. Uber, Lyft, etc.), zip cars, bike share, and scooters. Water transportation with ferry services, like the Clearwater Ferry, have also become a possibility. The city will explore and further encourage these initiatives. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 51 ) Clearwater Greenprint 2.0 7.4- Low Emission Vehicles A. Support construction of infrastructure for low-to-zero emission vehicles. B. Continue to install public EV charging stations. C. Change the Community Development Code to require charging stations for electric vehicles for new development and adopt “EV ready” policies. D. Host a minimum of one event per year at which the public is encouraged to try an electric vehicle. E. Partner with an organization such as the Sierra Club or Southern Alliance for Clean Energy to create an event that encourages residents and businesses to shift to hybrid electric vehicles. COBENEFITS The city will create an environment where low-to-zero emission vehicles have infrastructure that supports them. This includes opportunities for different fueling, parking, and operational needs. High fuel efficiency combustion engine vehicles of all kinds have a place in the future community vehicle fleet mix. This includes high fuel efficiency cars, hybrid vehicles, electric vehicles, motorcycles, mopeds, scooters, and golf carts. Electric driving requires a shift in how we fuel our vehicles as fueling can take place at home, in the community, or along our highways. Perceived lack of charging stations is cited as one of the top barriers to electric vehicle ownership. Therefore, increasing awareness and access to charging infrastructure is one of the best things the community can do to encourage electric vehicle use. The city will continue installing public EV charging equipment and will adopt policies to encourage private investment in charging infrastructure. The city will also adopt “EV ready” policies and changes to the Community Development Code that include charging stations for electric vehicles in new developments. The city will also aim to hold at least one event each year that encourages the public to try an electric vehicle. Multiple organizations, including the Sierra Club and Southern Alliance for Clean Energy can assist in creating an educational and engaging event. Through readiness, the city will provide residents and local businesses encouragement to shift to hybrid and electric vehicles and lower their transportation related GHGs. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 52 ) Clearwater Greenprint 2.0 7.5- Municipal Fleet Conversion A. Adopt a Green Fleet Policy to govern use and procurement of fleet vehicles B. Investigate financing mechanisms to offset cost of fleet conversion (e.g., vehicle leasing and federal tax credit) C. Increase the share of municipal light-duty vehicles running on alternative fuels. Over the last ten years, a number of vehicles within the city’s fleet, including 70 garbage and recycling trucks, have been converted to run on compressed natural gas instead of conventional gasoline. While natural gas does produce GHG emissions, current energy-use models find it to produce 6-11% less emissions than gasoline. The city will continue to improve the sustainability of its municipal fleet by adopting a Green Fleet Policy to govern its vehicle purchases and driving practices. As part of this policy, the city will create a vehicle replacement procedure to replace all light duty vehicles with alternative fuels as replacement is needed. This will also require that the city install EV charging stations at key places in order to allow its electric vehicles to charge. The city will investigate the use of certain financing mechanisms, such as vehicle leasing, to participate in the federal tax credit available on electric vehicles. 7.6.- Congestion Management A. Manage traffic congestion by considering alternative intersection designs. B. Continue to include roundabouts in new road construction projects. C. Consider use of other congestion management practices. COBENEFITS Projects that reduce congestion and idling have a significant effect on GHG emissions from vehicles. Since the first version of Greenprint, multiple intelligent transportation systems (ITS) and advanced traffic management systems (ATMS) have been installed around the city to improve congestion, and pedestrian signals have been installed at key intersections. Furthermore, all ATMS facilities have dynamic message signs (DMS) that relay real-time DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 53 ) Clearwater Greenprint 2.0 information to travelers, allowing drivers to prepare for road closures, accidents, or emergency news. The city can further manage traffic congestion by considering alternative intersection designs. Continuing to include roundabouts in new road construction projects can have multiple benefits including the reduced frequency and severity of crashes, reduced traffic delays, increased traffic capacity, reduced long-term operational costs, and reduced emissions and noise. To date, there are 34 roundabouts throughout the city. Additional congestion management practices include: ITS technology that includes real-time congestion and auto travel information; transit trip planning; mobile ticketing; bike/car sharing; and vanpooling technology. 7.7.- Municipal Telecommuting Policy A. Increase the alternative work schedule and telecommuting opportunities available to city workforce B. Encourage virtual meetings in lieu of in-person meetings requiring travel by automobile whenever possible With transportation being a large and increasing contributor to our city-wide GHG emissions, the city will lead by example in reducing vehicle miles traveled within city boundaries by using alternative work schedules and increasing telecommuting opportunities within its workforce. It will also encourage virtual meetings, rather than in-person meetings that require driving, wherever possible. The city will develop a Telecommuting Policy to establish alternative work schedule options and define eligible positions and candidates. Photo Credit: Dondi Gutierrez DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Transportation ( Page 54 ) Clearwater Greenprint 2.0 Learn More About Transportation: Complete Streets What are Complete Streets? Smart Growth America. (2020, December 2). https://smartgrowthamerica.org/program/national- complete-streets-coalition/publications/what-are- complete-streets/. Complete Streets. U.S. Department of Transportation. (2015, August 24). https://www.transportation.gov/mission/health/complete- streets. Electric Vehicles Hofstatter, T., Krawina, M., Muhlreiter, B., Pohler, S., &amp; Tschiesner, A. (2020, November 6). Reimagining the auto industry's future: It's now or never. McKinsey &amp; Company. https://www.mckinsey.com/industries/automotive-and- assembly/our-insights/reimagining-the-auto-industrys- future-its-now-or-never. Fleet Replacement and Energy Efficiency US Department of Energy. Strategies for Fleet Managers to Conserve Fuel. Alternative Fuels Data Center: Strategies for Fleet Managers to Conserve Fuel. https://afdc.energy.gov/conserve/behavior_strategies.html. Electric Vehicle Adoption Linke, R. (2017, August 3). The real barriers to electric vehicle adoption. https://mitsloan.mit.edu/ideas-made-to- matter/real-barriers-to-electric-vehicle-adoption. Egbue, O., & Long, S. (2012). Barriers to widespread adoption of electric vehicles: An analysis of consumer attitudes and perceptions. Energy Policy, 48, 717–729. https://doi.org/10.1016/j.enpol.2012.06.009 Healthy Street Design Burden, D., Wallwork, M., Sides, K., Trias, R., & Rue, H. (1999). Street design guidelines for healthy neighborhoods (pp. 1-15). Sacramento, Calif: Center for Livable Communities. Report available online at http://onlinepubs.trb.org/onlinepubs/circulars/ec019/ec019_b1.pdf DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 55 ) Clearwater Greenprint 2.0 The city of Clearwater was shaped during a time when fuel was cheap and abundant and driving was the primary mode of transportation. These conditions resulted in important destinations such as workplaces, homes, schools, and commercial centers being built far apart from one another. Clearwater’s sprawling development pattern contributes to residents’ heavy dependence on personal automobiles for travel. Because most of Clearwater is already developed, the city must look towards improving vacant or underutilized properties to make it easier to access resources and promote growth. Creating conditions that enable sustainable growth requires thoughtful consideration of the relationships between how a property is used and the transportation options available to the surrounding community. Many areas in the city are either stable in redevelopment or are attracting new building development at a very slow rate. Where redevelopment is not occurring, buildings will need to be maintained, repurposed, or retrofitted. This will ensure that quality housing, jobs, goods and services are available throughout the community. Improving existing buildings was identified as one of the biggest long-term challenges facing the city in the original Clearwater Greenprint plan. That challenge continues to exist. There has been an increasing rate of building obsolescence due to rapid residential and commercial growth using infrastructure that regularly needs to be replaced. These buildings require a large amount of ongoing maintenance and energy to operate. The present and future owners of Clearwater’s existing buildings will be challenged to invest enough money to successfully maintain the building frame while upgrading the infrastructure inside to be more energy efficient. In addition to challenges in the existing building stock, there are demographic trends that need to be considered when designing a sustainable approach to land use. According to United States Census Bureau estimates, Pinellas County was one of only two counties in Florida that did not increase in permanent population from 2000 to 2010. Permanent population consists of those residents who live in the county year-round. However, other local projects from the Pinellas County planning agency and Forward Pinellas anticipate some population growth in the decades to come. This growth is not expected to be as large as what is expected in other neighboring counties with more vacant land. There is also the potential for change in the retired population that moves to the area. Clearwater will continue to attract new retirees over time, but it will most likely be a population of retirees with less spending money than past generations. If the retiree migration rate declines over time, that population will need to be replaced to keep the local Livability Photo Credit: Paul Sacca DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 56 ) Clearwater Greenprint 2.0 economy growing and strong. As a result, there is a need to attract different demographics to the city including young and working-aged people to the city. In light of this information, the city will need to find a balance between encouraging high quality, energy-efficient development and maintaining an economic environment that is attractive to developers to create new homes and jobs. At the same time, the city will need to incentivize reuse and revitalization of the existing structures so they can remain usable over the long term. Finally, the city has the opportunity to improve quality of life and mitigate greenhouse gas emissions by improving or transforming land area that is currently underutilized. The city will continue to increase the tree canopy through its own plantings and by encouraging plantings on private property. It will also continue to seek opportunities to create and maintain areas for recreational purposes and protect environmental resources. Ultimately, the city wishes to create a livable neighborhood, or one that is pleasant, safe, affordable, and supportive of its members. Such a neighborhood may include attractive pedestrian-oriented streets with low traffic speed and congestion as well as affordable, sustainable housing that is within reasonable distance to employment opportunities that offer living wages. Development Incentives Property Revitalization Diverse Housing Options Greenspace Expansion Urban Tree Program and Canopy Target Environmental Conservation Integrated Pest Management Energy Efficient Streets and Parking Environmental Justice Photo Credit: Kathleen Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 57 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 8.1 Development Incentives A. Continue to provide for mixed-use development in livable, transit-oriented neighborhoods. B. Improve regulation, investment, and incentives that will fulfill residents’ household and transportation needs. 8.2 Property Revitalization A. Encourage restoration and reuse of buildings as an alternative to demolition. B. Maintain the historic designation process to ensure that historically significant properties and neighborhoods remain stable, well-maintained, and available for long-term use. C. Continue to implement a brownfield program and identify incentives such as tax credits for brownfield and greyfield development. D. Consider partnership with an educational institution or non- profit organization to demonstrate the benefits of compost in a pilot program or through a publication. 8.3 Diverse Housing Options A. Continue to cultivate a self-sustaining community and local economy to reduce VMT and increase accessibility. 8.4 Greenspace Expansion A. Support and expand the community’s capacity to manage, develop, and enhance greenspace for natural habitat, recreation, gardening, and outdoor education activities. Livability – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 58 ) Clearwater Greenprint 2.0 8.5 Urban Tree Program and Canopy Target A. Continue to host an annual tree giveaway. B. Develop a program to educate community members on the benefits of planting trees and recognize residents and businesses that participate. C. Assess current tree canopy and set an increased canopy goal based on assessment results. D. Create an implementation plan to increase tree canopy coverage. E. Require mitigation for consumption of natural habitat or resources. F. Enact and enforce a tree preservation or land-clearing ordinance. G. Pilot a forest carbon sequestration project on municipal land which will sequester carbon to offset a portion of the community’s annual GHG emissions. H. Develop the planting program under an existing urban forestry project protocol to allow for recording and reporting the results of the program. 8.6 Environmental Conservation A. Become a certified community under National Wildlife Federation Wildlife Habitat Program. B. Enact a sea turtle ordinance. C. Create an endangered lands conservation/purchasing program. D. Promote eco-literacy. 8.7 Integrated Pest Management A. Create an IPM plan address invasive species and problematic insects at city-owned properties. B. Provide the public with educational materials concerning invasive species identification and IPM best practices. C. Consider partnership with an educational institution (e.g., Saint Petersburg College of the University of South Florida) to develop an IPM plan and subsequent educational outreach. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 59 ) Clearwater Greenprint 2.0 8.8 Energy Efficient Streets and Parking A. Develop street design standards that maximize energy efficiency and minimize heat. 8.9 Environmental Justice A. Explore options for preventing excessive levels of pollution and mitigate environmental and other impacts such as noise, odor, and traffic in low-income communities and communities of color. B. Include potential environmental and public health impacts of land use decisions into planning and zoning activities. C. Prioritize affordable housing for historically displaced groups to prevent green gentrification. D. Consider measures to ensure that rent in improved neighborhoods remains affordable and savings from energy efficiency improvements are passed on to tenants. E. Assess current city zoning and land use policies to determine where environmental justice criteria can be incorporated. Photo Credit: Dondi Gutierrez DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 60 ) Clearwater Greenprint 2.0 8.1.- Development Incentives A. Continue to provide for mixed-use development in livable, transit- oriented neighborhoods B. Improve regulation, investment, and incentives that will fulfill residents’ household and transportation needs COBENEFITS The city has continued to provide for mixed-use development in livable, transit-oriented neighborhoods. Mixed-use development is development that consolidates commercial, residential, or industrial spaces on a single property. In 2012, the city’s Planning and Development department worked with a consultant to create US 19 Corridor Redevelopment plan. This plan focused on increasing the density of available commercial and residential buildings in order to allow for greater transportation options. In essence, the plan intends to bring a “live, work, and play” element to an area that previously experienced only heavy commuting traffic. Following this plan, amendments to the city’s Comprehensive Plan occurred in 2016 to support the new zoning district and development standards. The areas identified in the original Clearwater Greenprint document have not been formally established as Energy Conservation Areas; however, each of the identified areas have been included in the Citywide Design Structure as Activity Centers and Redevelopment Corridors. The city will work to improve regulation, investment, and incentives that will fulfill residents’ household and transportation needs. Photo Credit: Maranda Douglas DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 61 ) Clearwater Greenprint 2.0 8.2.- Property Revitalization A. Encourage restoration and reuse of buildings as an alternative to demolition B. Maintain the historic designation process to ensure that historically significant properties and neighborhoods remain stable, well-maintained, and available for long-term use C. Continue to implement a brownfield program and identify incentives such as tax credits for brownfield and greyfield development D. Consider partnership with an educational institution or non-profit organization to demonstrate the benefits of compost in a pilot program or through a publication COBENEFITS A sustainable urban environment has a variety of building types, sizes, and ages. This variability allows buildings to be reused for different purposes over the course of their life. New buildings should be designed with flexible space to maximize the potential for reuse in the future. Designing buildings that can be used for many potential purposes reduces vacancy. It also reduces the need for costly demolition. In addition to economic benefits, reducing construction and demolition waste greatly reduces the amount of garbage generated by the city, as both practices make up a large percentage of the waste stream. Restoration and reuse of building materials prevent this waste. The city will encourage restoration and reuse of buildings rather than demolition. If demolition is needed, the city will look to deconstruct buildings, reusing or recycling the building’s materials wherever possible. The city will also maintain the historic designation process, which helps ensure certain properties and neighborhoods are stable, maintained, and available for long term use. The city will continue to implement its brownfields program and identify incentives, such as tax credits, for brownfield and greyfield development. These are properties that have a degree of hazardous waste or abandoned buildings on them and are difficult to sell as a result. Financial incentives will offset some of the cost of remediation and promote reuse of these usable but sometimes abandoned lands. When remediation is needed, the city will look towards adding compost as an amendment to disturbed land. In addition to preventing food waste from being discarded as trash, compost has a remediating quality for soil. It increases the needed beneficial micro-biotic life within soil, retains water, and allows the ground to sequester carbon. This reduces GHG emissions in the atmosphere. The city will consider working with an educational institution or non-profit organization to demonstrate the benefits of compost in a pilot program site or publication. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 62 ) Clearwater Greenprint 2.0 8.3.- Diverse Housing Options A. Continue to cultivate a self-sustaining community and local economy to reduce VMT and increase accessibility COBENEFITS Available housing choices must have a range of prices to attract residents in all life stages and income levels. Affordable, energy-efficient, and location-ideal housing will increase the chances that Clearwater will continue to maintain and attract a diverse population. Monitoring and working toward creating the right mix of housing type and cost will create a balance of housing supply to jobs. This balance will reduce the need for Clearwater residents to commute outside the city to work. Reducing the distance residents drive to work not only reduces the city’s GHG emissions from fuel, it also creates a more affordable and enjoyable living experience for Clearwater residents. The city has created plans, known as the Consolidated Plan and Local Housing Assistance Plan, with policies that support a variety of housing types and prices. Furthermore, two new districts have been created to encourage further diversity of housing type and redevelopment within Clearwater’s downtown and U.S. Highway 19 areas. The city will continue to create a more self-sustaining community and local economy that will reduce the need for driving while increasing convenience and accessibility to employment. Photo Credit: Maranda Douglas DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 63 ) Clearwater Greenprint 2.0 8.4.- Greenspace Expansion A. Support and expand the community’s capacity to manage, develop, and enhance greenspace for natural habitat, recreation, gardening, and outdoor education activities COBENEFITS Maintaining passive parks with minimal recreation opportunities (i.e.. walking, biking only) and maximize natural greenspace and ecosystem function is a win-win. Our community benefits by having access to much needed natural landscape while providing ecosystem relief in a highly urbanized region. The city is continuing with its goals of preserving and expanding greenspace. In February 2019, Moccasin Lake Nature Park reopened after renovations and is now home to a butterfly garden and multiple native plant installations. By offering hiking trails and nature classes, the center is a beautiful resource for those interested in learning more about Florida’s natural ecosystems and wildlife. Clearwater’s Coachman Ridge Park also underwent renovations that were needed to allow greater stormwater flow from the city’s new Solid Waste Transfer Station. The Parks & Recreation department and Engineering department updated the park by increasing the number of trees from 300 to 1,911. Clearwater Greenies, a component of the city’s Parks and Recreation Department, hosts a number of beach, park, and neighborhood cleanup projects throughout the year. The department also offers Adopt-A-Trail, Adopt-A-Park, Adopt-A-Street, and Adopt-A- Waterway programs for citizens and businesses. In 2018, over a thousand hours were spent beautifying spaces and removing litter from areas within Clearwater. The city will continue to support and expand the community’s capacity to manage, develop, and enhance greenspaces for natural habitat, recreation, gardening, and outdoor education opportunities. This includes improving and maintaining public property, creating public- private partnerships to transition underutilized land to these uses and enabling and encouraging these uses on private property through public policies and programs. Enhancing and expanding greenspace will result in better stormwater management, higher carbon sequestration, and a better quality of life for residents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 64 ) Clearwater Greenprint 2.0 8.5.- Urban Tree Program and Canopy Target A. Continue to host an annual tree giveaway B. Develop a program to educate community members on the benefits of planting trees and recognize residents and businesses that participate C. Assess current tree canopy and set an increased canopy goal based on assessment results D. Create an implementation plan to increase tree canopy coverage E. Require mitigation for consumption of natural habitat or resources F. Enact and enforce a tree preservation or land-clearing ordinance G. Pilot a forest carbon sequestration project on municipal land which will sequester carbon to offset a portion of the community’s annual GHG emissions H. Develop the planting program under an existing urban forestry project protocol to allow for recording and reporting the results of the program COBENEFITS For Arbor Day 2019, the city celebrated its 37th year as a Tree City USA by giving away thousands of young trees to residents. This tree giveaway is an annual tradition. The city will continue its legacy as a Tree City by developing a program to educate community members on the benefits of planting trees and recognize residents and businesses that participate. The city will consider piloting a forest carbon sequestration project on municipal land, which along with other existing landscape installations will sequester carbon to offset a portion of the community’s annual GHG emissions. Carbon sequestration is the process by which atmospheric carbon dioxide is taken up by trees, grasses, and other plants through photosynthesis and stored as carbon in biomass (trunks, branches, foliage, and roots) and soils. The sequestration of carbon in forests and wood products helps to offset sources of carbon dioxide to the atmosphere, such as fossil fuel emissions. The planting program should be developed under an existing urban forestry project protocol to allow for recording and reporting the results of the program. The city will also assess its current tree canopy and set an increased canopy goal based on that assessment. The project will look at the three Ps of natural resource management (Possible, Potential, and Preferable), GIS methodology, and the Forest Opportunity Spectrum (FOS) for goal setting. From this goal, an implementation plan to increase the city’s tree canopy will be established. Local ordinances, regulations, and the city’s Comprehensive Plan will be updated as needed to accommodate the tree canopy goal. The city will maintain its current tree canopy through a tree preservation and protection ordinance requiring property DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 65 ) Clearwater Greenprint 2.0 owners to apply for permit and compensate the city when removing trees from the public right of way and apply for a permit for certain clearing activities on private property to the extent permitted by law. It’s important to note, however, that canopy size is just one of many criteria to consider when evaluating urban trees. For instance, a robust tree canopy comprised of largely invasive species is not desirable. Age and species diversity, condition of trees and equitable distribution across income levels, to name a few, should also be considered in any future targets. 8.6.- Environmental Conservation A. Become a certified community under the National Wildlife Federation Wildlife Habitat Program B. Adopt a sea turtle ordinance C. Create an endangered lands conservation/purchasing program D. Promote eco-literacy COBENEFITS The city will create programs to increase awareness of our region’s plants and animals and the importance of preserving our natural resources. These initiatives could build on existing partnerships with local organizations such as the Clearwater Marine Aquarium, the Florida Native Plant Society, the Audubon Society, the Tampa Bay Estuary Program, and others. These programs will further assist already existing efforts to raise public awareness of Clearwater’s green spaces and trees, including existing nature preserves such as Moccasin Lake Nature Park. The city of Clearwater will become a certified community under the National Wildlife Habitat Program. As part of this undertaking, the city will take the National Wildlife Foundation Mayor’s Monarch Pledge which involves committing to create habitat for the monarch butterfly and pollinators and educating residents. The city will also create and participate in programs that increase awareness of our region’s plants and animals and the importance of preserving our natural resources. These initiatives include creation of an endangered lands conservation and purchasing program and could build on existing partnerships with local organizations. These programs will further assist already existing efforts to raise public awareness of Clearwater’s green spaces and trees, including existing nature preserves such as Moccasin Lake Nature Park. To support program participation and creation, the city of Clearwater will draft and adopt regulations as necessary. For instance, DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 66 ) Clearwater Greenprint 2.0 the city has adopted language in Section 3-1302(D) of the City of Clearwater Community Development Code which protects sea turtle nesting areas through lighting regulations. 8.7.- Integrated Pest Management A. Create an IPM plan address invasive species and problematic insects at city-owned properties B. Provide the public with educational materials concerning invasive species identification and IPM best practices C. Consider partnership with an educational institution (e.g., Saint Petersburg College of the University of South Florida) to develop an IPM plan and subsequent educational outreach COBENEFITS Integrated Pest Management (IPM), is a practice used to remove organisms that are causing harm to a desirable plant, ecosystem, or structure. IPM is designed to solve these problems while minimizing risks to people and the environment. IPM provides long-term pest prevention, using natural control methods and only uses pesticides if no other option is effective. IPM pest control materials are selected to affect a specific target organism without harming surrounding organisms. Furthermore, the pest control materials are applied in a manner that minimizes risks to human health. The city will create an IPM plan to alleviate city-owned properties of invasive species and problematic insects. The plan will provide guidance on non-native, invasive plants and species, as well as a detailed plan for removal and/or management of such species. The plan will emphasize non-toxic options and consider potential expansion of invasive species due to climate change. Educational materials about invasive species identification and best IPM removal practices will be provided to the public. Working with an educational institution, like Saint Petersburg College or the University of South Florida, should be considered for both the development of an IPM plan and the work of providing public education. Photo Credit: Spring Branch Neighborhood and Park Association DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 67 ) Clearwater Greenprint 2.0 8.8.- Energy-efficient Streets and Parking A. Develop street design standards that maximize energy efficiency and minimize heat COBENEFITS Energy-efficient street design reduces the amount of heat absorbed by streets, which translates into cooler neighborhoods and less air conditioning use in buildings and cars. Energy-efficient streets are often oriented to protect and enable solar access, and are narrower, better shaded, and constructed with cool paving materials. Tactics include utilizing shade from tree canopies and using cool pavements that enhance water percolation or reflect the sun’s energy rather than absorb it. Shading streets and other paved surfaces will minimize the pavement’s exposure to the sun thereby reducing ambient neighborhood temperatures by as much as 10°F. This, in turn, reduces the cooling loads in buildings. The city will develop street design standards that maximize energy-efficiency and minimize heat. 8.9.- Environmental Justice A. Explore options for preventing excessive levels of pollution and mitigate environmental and other impacts such as noise, odor, and traffic in low-income communities and communities of color B. Include potential environmental and public health impacts of land use decisions into planning and zoning activities C. Prioritize affordable housing for historically displaced groups to prevent green gentrification D. Consider measures to ensure that rent in improved neighborhoods remains affordable and savings from energy efficiency improvements are passed on to tenants E. Assess current city zoning and land use policies to determine where environmental justice criteria can be incorporated COBENEFITS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 68 ) Clearwater Greenprint 2.0 The U.S. Environmental Protection Agency defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” In promoting environmental justice, the city will actively explore how it can prevent excessive levels of pollution and mitigate environmental and other impacts like noise, odor, and traffic in low-income and communities of color. This can be achieved by assessing current city zoning and land use policies to determine where environmental justice criteria can be incorporated. The city will also include the potential environmental and public health impacts of land use decisions into planning and zoning activities. In an effort to prevent green gentrification, a phenomenon in which the addition of parks, better transit options, and health measures push people out of newly improved neighborhoods, the city will prioritize affordable housing for historically displaced groups. Measures will be considered as to how the city can ensure rent in improved neighborhoods remains affordable and savings from energy-efficiencies can be passed along to tenants. Learn More About Livability: Building Resilience and Efficiency U.S. Climate Resilience Toolkit. U.S. Climate Resilience Toolkit | U.S. Climate Resilience Toolkit. https://toolkit.climate.gov/. Office of Energy Efficiency & Renewable Energy. Why Energy Efficiency Upgrades. https://www.energy.gov/eere/why- energy-efficiency-upgrades. Population Pinellas County. Demographics. Pinellas County, Florida - Planning - Demographic Reports and Data. http://www.pinellascounty.org/plan/demographics.htm . Adaptive Reuse Florida Housing Coalition. (2020). Eyesore to Asset: Building Housing Affordability + Sustainable Communities. Retrieved from https://www.flhousing.org/wp- content/uploads/2020/05/Fannie-Mae-SCIC-Guidebook- 04.2020-1.pdf DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 69 ) Clearwater Greenprint 2.0 Environmental Cost of Demolition Clark, D. (2008, April 1). Adapting an Older Building for a New Use. Buildings. https://www.buildings.com/articles/34689/adapting-older- building-new-use. Grimmer, A. E., Hensley, J. E., Petrella, L., & Tepper, A. T. (2011). The Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines on Sustainability for Rehabilitating Historic Building. National Parks Service. https://www.nps.gov/tps/standards/rehabilitation/sustaina bility-guidelines.pdf. Reuse of Building Materials Environmental Protection Agency. (2020, November 12). Sustainable Management of Construction and Demolition Materials. Environmental Protection Agency. https://www.epa.gov/smm/sustainable-management- construction-and-demolition- materials#:~:text=Demolition%20represents%20more%20tha n%2090,materials%20in%20the%20C%26D%20debris. Housing Diversity Chakraborty, A., & McMillan, A. (2018). Is Housing Diversity Good for Community Stability?: Evidence from the Housing Crisis. Journal of Planning Education and Research. https://doi.org/10.1177/0739456x18810787 Demographics and Growth Mackres, E. (2020, February 13). 4 Surprising Ways Energy- Efficient Buildings Benefit Cities. World Resources Institute. https://www.wri.org/blog/2016/05/4-surprising-ways- energy-efficient-buildings-benefit- cities#:~:text=Energy%2Defficient%20buildings%20reduce%20 indoor,better%20ventilation%20than%20traditional%20buildin gs.&text=Efficient%20buildings%E2%80%94those%20that%20 make,vital%20to%20achieving%20sustainable%20developmen t. Why is affordable housing important? Habitat for Humanity. https://www.habitat.org/stories/reinforcing-importance-of- our-work. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Livability ( Page 70 ) Clearwater Greenprint 2.0 Parks Ellis, D., & Schwartz, R. The Roles of an Urban Parks System. World Urban Parks. Report available online at https://www.worldurbanparks.org/images/Documents/The- Roles-of-an-Urban-Parks-System.pdf Levitz, D. (2014). The role of Parks in Shaping Successful Cities. National Recreation and Parks Association and American Planning Association. Report available online at https://planning-org-uploaded- media.s3.amazonaws.com/publication/download_pdf/Role- of-Parks-Shaping-Successful-Cities.pdf Carbon Sequestration Carbon Sequestration. UC Davis Science and Climate. (2020, May 13). https://climatechange.ucdavis.edu/science/carbon- sequestration/. Integrated Pest Management Eileen Buss and Adam G. Dale. (2020, November 23). Landscape Integrated Pest Management. EDIS New Publications RSS. https://edis.ifas.ufl.edu/in109. Energy Efficient Street Design New York State Energy Research and Development Authority. (2002). (rep.). NYSERDA How-to Guide to Effective Energy- Efficient Street Lighting for Planners and Engineers. Retrieved from https://www.rpi.edu/dept/lrc/nystreet/how- to-planners.pdf Sustainable Streetscape Design Environmental Protection Agency. (2019, September 6). Heat Island Cooling Strategies. Heat Islands - Heat Island Cooling Strategies. https://www.epa.gov/heatislands/heat-island- cooling-strategies. Rehan, R. M. (2013). Sustainable streetscape as an effective tool in sustainable urban design. HBRC Journal, 9(2), 173–186. https://doi.org/10.1016/j.hbrcj.2013.03.001 Public Health, Planning and Zoning Zoning, equity, and public health. (2001). American Journal of Public Health, 91(7), 1033–1041. https://doi.org/10.2105/ajph.91.7.1033 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Water Conservation ( Page 71 ) Clearwater Greenprint 2.0 Water has economic, social, and political implications that make it a unique and challenging natural resource to manage. Our habits, practices, and expectations about the availability of freshwater threaten long term enjoyment of this vital resource. Clearwater residents use approximately 11.2 million gallons of drinking water every day. Around 80% of this water is pumped from city-owned and operated groundwater wells. The remaining water is supplied by water purchased from Pinellas County Utilities. While vital to the community, the water treatment process requires a large amount of energy. Transporting and treating water is the highest energy user and greenhouse gas emissions source of all the municipal operations. Water use and the energy demand associated with it can be reduced through behavioral change. There are many behavior-related conservation strategies that can be implemented as first steps toward achieving a more sustainable water resource management system. These types of strategies simply require awareness of the issue and the corrective action, along with personal or organizational desire to be part of the solution. Although Clearwater residents use significantly less water per capita per day (81 gallons) than the national average (88 gallons), water conservation measures can still result in savings. Beyond behavioral changes, there is the installation of water-saving devices in homes and businesses. These low-cost investments produce long-term savings, especially when coupled with reduced need for hot water, which requires a significant amount of energy to produce. Limiting water used for irrigation is essential to reducing water use. Though it requires some knowledge, planning, and investment, landscaping can be designed to use small amounts of water and irrigation systems can be configured to operate only where and when needed. By watering lawns and gardens more efficiently, the U.S. Environmental Protection Agency estimates that Florida residents could save 46 million gallons of water each day, or the daily amount needed to supply every household in Tampa. As a coastal community, it is also important to consider potential impacts from the forecasted sea level rise in Clearwater; among them, flooding and reduced access to drinking water. Water Conservation Waterwise Landscapes Low Impact Development Water Conservation DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Water Conservation ( Page 72 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 9.1 Water Conservation A. Continue to encourage water conservation in homes, businesses and industries. B. Continue to consider changes to water use regulations and fees on an annual basis. C. Encourage residents and businesses to adopt water conservation standards such as Florida Water Star for existing and new construction. D. Consider developing year-round water restrictions that are more stringent than Southwest Florida Water Management District restrictions. 9.2 Waterwise Landscapes A. Use code-based incentives (e.g., accelerated site plan review time) to encourage community members to create landscapes at the same time as new development or redevelopment that integrate water saving measures. B. Promote and facilitate neighborhood-based projects that train residents on Florida-Friendly landscaping practices. C. Partner with neighborhoods and local organizations to recognize existing Florida-Friendly yards and highlight effective and affordable xeriscaping techniques. 9.3 Low Impact Development A. Identify and prioritize potential retrofits to city buildings for rainwater capture. B. Create guidance for private property owners to develop and implement rainwater collection plans. C. Increase awareness of co-benefits of low-impact development. D. Consider installations that capture, retain and treat stormwater runoff from parking lots, driveways and roads. Water Conservation – Strategies Photo Credit: Paul Sacca DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Water Conservation ( Page 73 ) Clearwater Greenprint 2.0 9.1.- Water Conservation A. Continue to encourage water conservation in homes, businesses and industries. B. Continue to consider changes to water use regulations and fees on an annual basis. C. Encourage residents and businesses to adopt water conservation standards such as Florida Water Star for existing and new construction. D. Consider developing year-round water restrictions that are more stringent than Southwest Florida Water Management District restrictions. COBENEFITS The city has and will continue to encourage water conservation in Clearwater homes, businesses, and industries. The city’s Public Utilities department actively educates community members about the availability of water-saving devices such as low-flow toilets and high-efficiency irrigation systems. These devices have been popular in the region and have resulted in significant water savings over the last decade. As a result, the city has a very low usage of water per person. Since the first Clearwater Greenprint plan, the city has continued to progress completing each of the reclaimed water services identified in its Water Supply & Treatment Master Plan. On an annual basis, the city will continue to consider changes to water use regulation and fees. The assessment will include continued evaluation of options to revise rates for promotion of water conservation. The city will encourage residents and businesses to adopt water conservation standards such as Florida Water Star for existing and new construction and will consider developing Figure 1.- Painted rain barrels (XXXX) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Water Conservation ( Page 74 ) Clearwater Greenprint 2.0 year-round water restrictions that are more stringent than Southwest Florida Water Management District restrictions. 9.2.- Waterwise Landscapes A. Use code-based incentives (e.g., accelerated site plan review time) to encourage community members to create landscapes at the same time as new development or redevelopment that integrate water saving measures. B. Promote and facilitate neighborhood-based projects that train residents on Florida-Friendly landscaping practices. C. Partner with neighborhoods and local organizations to recognize existing Florida-Friendly yards and highlight effective and affordable xeriscaping techniques. COBENEFITS The city will use code-based incentives (e.g. accelerated site plan review time) to encourage community members to create landscapes at the same time as new development or redevelopment that integrate water saving measures such as Florida-Friendly Landscaping principles. Along with incentives, the city will promote and facilitate neighborhood-based projects that train residents on Florida-Friendly landscaping practices. The city will partner with neighborhoods and local organizations to recognize existing Florida-friendly yards and highlight effective and affordable xeriscaping techniques. Community members also have access to rainwater collection and water conservation workshops through Pinellas County. 9.3.- Low Impact Development A. Identify and prioritize potential retrofits to city buildings for rainwater capture. B. Create guidance for private property owners to develop and implement rainwater collection. C. Increase awareness of co-benefits of low-impact development. D. Consider installations that capture, retain and treat stormwater runoff from parking lots, driveways and roads. COBENEFITS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Water Conservation ( Page 75 ) Clearwater Greenprint 2.0 Low Impact Development (LID) is a design approach that emphasizes conservation and use of on-site natural features to protect water quality. Collecting rainwater is a great example of LID. By collecting and using rainwater, we can greatly reduce the use of treated water for landscape irrigation. Rainwater collecting systems, especially from roof areas, are easy to install and there are a variety of sizes and styles of rain barrels and cisterns for rainwater storage. Other examples of LID include bioswales, rain gardens, green roofs, and more. The National Resource Defense Council analyzed 17 LID case studies comparing the cost of LID and conventional stormwater management practices. In most cases, LID methods were both economically and environmentally beneficial, with capital cost savings ranging from 15 to 80%. Since Clearwater Greenprint was first created, the city has incorporated LID elements into its Stormwater Drainage Criteria Manual and the development standards it uses for the US 19 and Downtown zoning districts. The Cleveland Streetscape Phase III design will also incorporate LID practices such as integrating stormwater detention into vegetated street areas so that it can be stored temporarily until it can drain naturally instead of diverting it directly into the city’s stormwater system. Looking forward, the city will identify and prioritize potential retrofits to city buildings for rainwater capture. Additionally, the city will create guidance for private property owners to develop and implement rainwater collecting plans with a goal of capturing runoff from at least 10% of impervious surfaces, or surfaces that prevent the entry of water (e.g., asphalt, concrete, brick, and stone). The focus of the efforts should be on roof area, but might include installations that capture, retain and treat stormwater runoff from parking lots, driveways and roads. Rainwater collecting systems, in combination with reuse of greywater, which is relatively clean wastewater from baths, sinks or washing machines, will reduce demand for and expense of piped water for landscape irrigation. As part of the overall sustainable water resources program, integrating LID principles into building and site designs, such as bioswales, rain gardens, and other vegetated areas, will go a long way toward raising awareness of water resource issues. LID also has many non- water saving benefits, including conserving greenspace and stormwater retention. The city will work to increase awareness of these co-benefits. Learn More About Water Conservation: Importance of Water Conservation Conservation. United States Department of Agriculture. https://www.usda.gov/topics/conservation. Manage Every Drop. American Water Works Association Resources and Tools. https://www.awwa.org/Resources- Tools/water-knowledge/water-conservation. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Water Conservation ( Page 76 ) Clearwater Greenprint 2.0 Water Conservation. Pinellas County Florida - Utilities - Water Conservation. https://www.pinellascounty.org/utilities/water- conservation.htm. Florida Friendly Landscapes Florida Friendly Landscaping Program, UFIFASFFL Florida- Friendly Landscaping™ Program. Florida Friendly Landscaping. https://ffl.ifas.ufl.edu/. Environmentally Friendly Street Design Benefits of Low Impact Development: How LID Can Protect Your Community's Resources. United Stated Environmental Protection Agency. (2012, March). https://www.epa.gov/sites/production/files/2015- 09/documents/bbfs1benefits.pdf. Photo Credit: Kathleen Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Waste Reduction ( Page 77 ) Clearwater Greenprint 2.0 Clearwater’s garbage is collected, transported, then processed at the Pinellas County Waste-to-Energy Facility in St. Petersburg, Florida. While the waste-to-energy process reduces the amount of solid waste deposited in landfills and generates electricity, it also produces greenhouse gas emissions from the burning of plastics, tires, and other carbon- based waste materials. 90% of the garbage created in the county is burned through waste- to-energy while 10% is landfilled. The landfilling of material also creates methane, a harmful GHG when produced in excess. In 2018, Clearwater residents and businesses generated 6.6 million tons of garbage and recycled 9.6 thousand tons of plastic containers, glass bottles, metal cans, mixed paper, and newspaper. Additionally, 3.7 thousand tons of yard waste was collected and repurposed. Both businesses and consumers can have a large impact on waste reduction. Business can make products using less toxins and packaging while increasing their use of packaging that is recyclable or compostable. Consumers can better manage their waste by reusing items, recycling properly, composting, and correctly disposing of electronics and other hazardous waste. We should all do our best to avoid products that generate large amounts of waste and choose to reuse items rather than placing them in the trash. Further sustainable practices include composting at home, recycling properly, and buying products that are made of material that was previously recycled. Yard Waste Collection Recycling Program Expansion Backyard Composting Program Commercial Composting Trash to Trends Event Municipal Waste Reduction Policy Waste Reduction DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Waste Reduction ( Page 78 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 10.1 Yard Waste Collection A. Continue to offer yard waste collection to residents, encourage more households to participate, and investigate opportunities for collection of other organic waste such as food waste for composting. 10.2 Recycling Program Expansion A. Continue to offer recycling services to residents and businesses. 10.3 Backyard Composting Program A. Continue the virtual Clearwater Creates Compost course and complete an annual compost bin giveaway day 10.4 Commercial Composting A. Develop a pilot composting program to divert food scraps from landfills and demonstrate the viability of a city-wide program. 10.5 Trash to Trends Event A. Organize an annual community event for swapping reusable goods to divert reusable goods from the solid waste stream. 10.6 Municipal Waste Reduction Policy A. Adopt formal waste reduction policy and goals that address ocean-friendly recycling and printing practices. B. Consider development of standards for events held on municipal sites to reduce waste generation, consumption of single-use plastics, and increase recycling by thousands of eventgoers per year. Waste Reduction Photo Credit: City of Clearwater Waste Reduction – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Waste Reduction ( Page 79 ) Clearwater Greenprint 2.0 10.1.- Yard Waste Collection A. Continue to offer yard waste collection to residents, encourage more households to participate, and investigate opportunities for collection of other organic waste such as food waste for composting. In 2010, the city started a residential yard waste program to divert yard waste (i.e. leaves, grass clippings, branches) away from the county waste-to-energy facility and landfill. Instead, the yard debris material was collected and sent to a company that repurposes it into mulch or fuel. The program has reduced operating hours and solid waste disposal fees paid by the city’s Solid Waste and Recycling department. The city will continue to offer yard waste collection to residents, encourage more households to participate, and investigate opportunities for collection of other organic waste such as food waste for composting. 10.2.- Recycling Program Continuation A. Continue to offer recycling services to residents and businesses. The city expanded previous recycling options to include more types of plastic as well as glass. It also launched a single-stream recycling program in 2013 to make recycling more convenient and provided 90-gallon barrels to every single-family home. In the fiscal year that extended from 2016 to 2017, almost 14 thousand tons of material was recycled as opposed to the 6,000 tons in 2009. In January of 2018, China, which traditionally was the largest importer of the world's recycling - receiving over 30% of all global material, announced that it would not accept any recycling that contained more than 0.05% contamination. In regard to recycling, contamination is anything that is not recyclable – this includes plastic bags, food waste, containers with liquid, Styrofoam, fabric, hoses, wood, paint, scrap metal, etc. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Waste Reduction ( Page 80 ) Clearwater Greenprint 2.0 An audit of Clearwater's recycling stream was also conducted in 2018 and found that the city’s recycling ranged from 25-30% contamination. This is a trend that can be seen across the United States, with many cities having a similar contamination rate in their recycling. Contamination can create very hazardous working conditions, as plastic bags and electronics can cause fires in our facilities. Contamination can also cause an entire load of true recyclables to be rejected by the city’s processors and then it all must be disposed of as trash. Furthermore, contamination also makes recycling programs costly. China's essential closure as a market, in addition to improper recycling practices across the U.S., has made recycling very expensive for cities - even more so than taking the material to a landfill or waste-to-energy facility. As a result, cities around the country have decided to end their recycling programs. Fortunately, the city of Clearwater remains committed to offering a recycling program to its residents and businesses. The city is actively focusing on improving the quality of its recycling and is educating the public about what is accepted in the city’s program. Focusing on waste reduction, first and foremost, is the best course of action – with proper composting and recycling being used as secondary practices to repurpose valuable material. 10.3.- Backyard Composting Program A. Continue the virtual Clearwater Creates Compost course and complete an annual compost bin giveaway day Organic waste, like food scraps and yard trimmings, release methane when placed within the oxygen-free conditions of a landfill. Methane is an incredibly potent GHG. In 2018, methane produced roughly 9.5% of all human made U.S. GHG emissions. While that percentage is small, methane has a global warming factor that is 25 times greater than carbon dioxide over a 100-year period. In an effort to reduce food waste as well as methane generation, the city launched an online “Create Compost” course in late 2020 that encourages people to learn to compost in their backyard. Program participation was incentivized by providing a starter composting bin to residents who enroll in the program and live within City of Clearwater limits. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Waste Reduction ( Page 81 ) Clearwater Greenprint 2.0 10.4.-Commercial Composting A. Develop a pilot composting program to divert food scraps from landfills and demonstrate the viability of a city-wide program. With the help of local organizations, the city will develop a pilot composting program to divert food scraps from the landfill and demonstrate the viability of a city-wide program. The pilot program will initially target the commercial sector, with preference for high volume generators of food waste including hospitals, schools, hotels, and restaurants for on-site or collection composting programs. Information on participation rates, challenges, benefits, and costs will be tracked and monitored. If demonstrated that the program’s economic, environmental and social benefits outweigh the costs, the study may be expanded to collecting and processing food waste from select neighborhoods in the residential sector. 10.5.-Trash to Trends Event A. Organize an annual community event for swapping reusable goods to divert reusable goods from the solid waste stream. Similar to websites like FreeCycle and Craigslist that provide a platform for giving away or exchanging used goods, the city will organize an annual community event for swapping reusable goods. The event, like the Clearwater Community Swap held in downtown in 2010, would serve to divert reusable goods from the solid waste stream and could be combined with an educational and awareness campaign on waste reduction practices. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Waste Reduction ( Page 82 ) Clearwater Greenprint 2.0 10.6.-Municipal Waste Reduction Policy A. Adopt formal waste reduction policy and goals that address ocean-friendly recycling and printing practices. B. Consider development of standards for events held on municipal sites to reduce waste generation, consumption of single-use plastics, and increase recycling by thousands of eventgoers per year. COBENEFITS At present, the city promotes payment of bills online. Moving forward, where possible, the city will also transmit important billing documents on recycled paper. Furthermore, the city offers recycling at many of its facilities and has transitioned to paperless (i.e., electronic) systems in most of its departments. In 2018, the Clearwater City Council also unanimously passed Resolution 18-08 to encourage Clearwater businesses to adopt ocean-friendly practices. Ocean-friendly businesses choose reusable, paper-based biodegradable, compostable or recyclable materials instead and maintain a clean recycling program. Ocean-friendly practices include not using plastic bags, plastic straws, plastic utensils, Styrofoam, and balloons. The city’s next step will be to adopt a formal waste reduction policy and goals that address ocean-friendly, recycling, and printing practices. Also, standards for events held on municipal sites will be developed to reduce waste generation and use of single use plastics as well as increase recycling by thousands of event goers in Clearwater each year. Guidelines for this municipal waste reduction policy will be outlined under the city’s Green Procurement Policy (Green Economy strategy #8). Learn More About Livability: Waste Generation Environmental Protection Agency. Municipal Solid Waste. EPA. https://archive.epa.gov/epawaste/nonhaz/municipal/web/h tml. Waste Reduction. Florida Department of Environmental Protection. https://floridadep.gov/waste/waste-reduction. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Waste Reduction ( Page 83 ) Clearwater Greenprint 2.0 Recyclable Material Residential Recycling: City of Clearwater, FL. Residential Recycling | City of Clearwater, FL. https://www.myclearwater.com/government/city- departments/solid-waste-general-services- department/recycling-services/single-stream-recycling. Cost of Recycling Corkery, M. (2019, March 16). As Costs Skyrocket, More U.S. Cities Stop Recycling. The New York Times. https://www.nytimes.com/2019/03/16/business/local- recycling-costs.html Global Warming Potential Environmental Protection Agency. (2020, September 9). Understanding Global Warming Potentials. EPA. https://www.epa.gov/ghgemissions/understanding-global- warming-potentials. Photo Credit: Beth Davis Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Local Food ( Page 84 ) Clearwater Greenprint 2.0 Photo Credit: Beth Davis Pinellas County is largely developed with only a few small farms within its boundaries. As a result, most food consumed by Clearwater residents comes from other counties, states, and even countries. Transporting this food from far-away locations requires fuel and accounts 14% of the total energy used to get food from farm to market. A sustainable community provides healthy food for its people. The quality of food, health, and the natural environment are interconnected. The availability of healthy foods directly influences what people eat and therefore their physical well-being. Local foods are transported shorter distances from farm to consumer tables, ensuring fresher foods while reducing greenhouse gas emissions. Local foods also tend to be less processed and require less refrigeration, which also reduces GHG emissions. Local foods are generally fresher than foods transported long distances. Most locally-produced food also uses fewer toxic chemicals, which can impact community health and the natural environment. Eating a diet that is also rich in plants has a lower carbon footprint and conserves more water than diets with higher amounts of meat. While younger generations have grown up without great awareness of where their food comes from, there are many people in Clearwater that have substantial knowledge about small-scale food production that could provide guidance for community gardening. This presents a significant opportunity for learning, experimenting, and knowledge sharing within the community and even bridging cultural and generational divides. Growing food also brings about a greater knowledge of Clearwater’s seasons, soil, and wildlife. This knowledge adds to a greater sense of place and care for our land. Urban Agriculture Task Force Local Food Production Urban Agriculture Community Garden Grant Program Climate-Friendly Food Policy Local Food DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Local Food ( Page 85 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 11.1 Urban Agriculture Task Force A. Organize and facilitate a task force to assist in developing and implementing recommendations for expanding local food production. B. Develop partnerships among non-profits, ministries, neighborhood associations, and private interests to increase local food production and commerce, funding opportunities, and pooling of resources. C. Leverage partnerships to obtain grant funding for planning and project start-up activities. 11.2 Local Food Production A. Define “local” in the context of food production and the community’s needs. B. Develop a “foodshed program”, “Buy Fresh Buy Local”, in collaboration with regional partners to increase availability of local foods. 11.3 Urban Agriculture A. Conduct an inventory of public and semi-public lands that would be suitable for food production for pilot projects. B. Amend the Community Development code to allow and support community gardens and other forms of urban agriculture. 11.4 Community Garden Grant Program A. Create a Community Garden Grant Program. 11.5 Climate-Friendly Food Policy A. Encourage staff and residents to a eat plant-rich meal at least once a week. B. Integrate climate-friendly food procurement guidelines into the Green Procurement Policy. C. Consider a resolution in support of “Meatless Mondays”. Local Food – Strategies Photo credit: Kathleen Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Local Food ( Page 86 ) Clearwater Greenprint 2.0 11.1.- Urban Agriculture Task Force A. Organize and facilitate a task force to assist in developing and implementing recommendations for expanding local food production. B. Develop partnerships among non-profits, ministries, neighborhood associations, and private interests to increase local food production and commerce, funding opportunities, and pooling of resources. C. Leverage partnerships to obtain grant funding for planning and project start-up activities. COBENEFITS A new task force organized and facilitated by the city will assist in developing and implementing recommendations for expanding local food production. The task force will develop partnerships among non-profits, ministries, neighborhood associations and private interests to increase local food production and commerce, funding opportunities, and pooling of resources. Partnerships will increase opportunities for grant funding for planning and project start-up activities. The task force could create an educational campaign to bolster awareness and use of existing initiatives that promote local food consumption. 11.2.- Local Food Production A. Define “local” in the context of food production and the community’s needs. B. Develop a “foodshed program”, “Buy Fresh Buy Local”, in collaboration with regional partners to increase availability of local foods. COBENEFITS The Urban Agriculture Task Force should define what is “local” in the context of food production and the community’s needs and develop a “foodshed” program in collaboration with regional partners to increase the availability of local foods. A “Buy Fresh Buy Local” DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Local Food ( Page 87 ) Clearwater Greenprint 2.0 program will serve as a model program for strengthening local and regional markets. It will identify and highlight local growers, exposing them to the local Clearwater market. It will also provide general information on the benefits of locally sourced food. The program would create multiple food growing, processing, storing, and selling opportunities, increase awareness, and provide linkages between farmers, consumers and organizations. Developing more local food systems will also serve to create greater resilience throughout our community by increasing food security. 11.3.- Urban Agriculture A. Conduct an inventory of public and semi-public lands that would be suitable for food production for pilot projects. B. Amend the Community Development code to allow and support community gardens and other forms of urban agriculture. COBENEFITS The city will conduct an inventory of public and semi-public lands that would be suitable for food production for the purpose of identifying sites for food production pilot projects. The city will amend the Community Development Code to allow and support community gardens and other forms of urban agriculture. Amendments will address hydroponics or other food production facilities in existing and new buildings. 11.4.- Community Garden Grant Program A. Create a Community Garden Grant Program. COBENEFITS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Local Food ( Page 88 ) Clearwater Greenprint 2.0 Getting outside and gardening has known physical, mental, and emotional health benefits. Participating in a community gardens can multiply these benefits. From a sustainability perspective, community gardens are great because they increase our community’s access to fresh and local produce, improving Clearwater’s carbon footprint by decreasing the travel distance food takes from farm to table. This close proximity also helps to encourage a more resilient food system. Community gardens go even further to enable additional social benefits, as they encourage neighbors to get to know one another and support a sense of place and pride within our community. To support Clearwater’s existing community gardens and encourage new community gardens to develop, the city of Clearwater will create a Community Garden Grant Program. The mission of the Program will be to advance the city’s sustainability goals by supporting the creation or development of community gardens within city limits. 11.5.- Climate-Friendly Food Policy A. Encourage staff and residents to a eat plant-rich meal at least once a week. B. Integrate climate-friendly food procurement guidelines into the Green Procurement Policy. C. Consider a resolution in support of “Meatless Mondays.” COBENEFITS U.S. citizens consume roughly 2.6 times more meat than the global per person average. Greenhouse gas emissions from agriculture have increased by 10.1% since 1990 and animal agriculture is now responsible for more than half of all food related greenhouse gas emissions. Alternatively, diets that are plant-rich, meaning they include more vegetables, fruits, and grains, have lower emissions than diets that mostly derived from animal products. There are also additional health benefit for plant-rich diets, including reducing the risk of heart disease and diabetes. As large population centers, cities and counties have a critical role to play. By reducing the amount of animal products purchased with municipal funds and serving more plant-rich options on city property and events, we can reduce our indirect greenhouse gas emissions and water footprints, all while offering healthier food. The city of Clearwater will consider a resolution in support of “Meatless Mondays” and will encourage staff and residents to eating more plant-rich meals at least once a week. The city will also integrate climate-friendly food procurement guidelines in its Green Procurement Policy (Green Economy strategy #8). DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Local Food ( Page 89 ) Clearwater Greenprint 2.0 Learn More About Local Food: Meatless Mondays Editorial Board. (2019, September 22). Give Up Meat (for a Day, at Least). Bloomberg.com. https://www.bloomberg.com/opinion/articles/2019-09- 22/meatless-mondays-small-diet-changes-have-big- climate-effects. Schiermeier, Q. (2019, August 8). Eat less meat: UN climate- change report calls for change to human diet. Nature News. https://www.nature.com/articles/d41586-019- 02409-7. Benefits of Gardening Soga, M., Gaston, K. J., & Yamaura, Y. (2017). Gardening is beneficial for health: A meta-analysis. Preventive Medicine Reports, 5, 92–99. https://doi.org/10.1016/j.pmedr.2016.11.007 Wang, D., & MacMillan, T. (2013). The Benefits of Gardening for Older Adults: A Systematic Review of the Literature. Activities, Adaptation & Aging, 37(2), 153–181. https://doi.org/10.1080/01924788.2013.784942 Low Meat Diet Health Benefits Mayo Foundation for Medical Education and Research. (2020, August 20). It's time to try meatless meals. Mayo Clinic. https://www.mayoclinic.org/healthy-lifestyle/nutrition- and-healthy-eating/in-depth/meatless-meals/art- 20048193. Photo Credit: Dondi Gutierrez DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Economy ( Page 90 ) Clearwater Greenprint 2.0 “Greenwashing” is a new phenomenon in which a product or business is advertised as being better for the environment than it really is. As a result, it can be confusing when trying to choose the best item to purchase or business to support. Many people want to support a business that is doing something good for the world, but these businesses can be difficult to identify. Many businesses would consider more sustainable products and practices if they were provided with direction and shown that “going green” is a good financial decision. A green economy fosters businesses that help protect, restore, and enhance our natural environment. By supporting green businesses, Clearwater’s economy can thrive and prosper while achieving community goals of generating less waste and pollution, saving energy, restoring green spaces, growing food locally, and conserving water. Green businesses could include companies that develop renewable energy or alternative fuels, grow organic produce locally, make products from recycled materials, implement resource conservation practices, or choose to avoid single-use plastics. Traditional companies that modify their practices to be more resource efficient, such as builders who learn to use energy-efficient, environmentally sustainable materials and construction practices, could also meet the definition of green business. Green Business Database Best Practices Sharing Green Job Development Green Guide Regional Partnerships Municipal Green Revolving Fund Green Purchasing Policy \ Green Economy Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Economy ( Page 91 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 12.1 Green Business Database A. Develop a database of green businesses and the number and types of green jobs within the city. B. Establish criteria for classifying green businesses and jobs, allowing for flexibility as new developments in green industry and business practices arise. 12.2 Best Practices Sharing A. Recognize businesses that have received LEED, FGBC, Florida Green Lodging Program, and Ocean Friendly certifications on the city website. 12.3 Green Job Development A. Become a member of Florida Local Environmental Resource Agencies (FLERA). B. Connect unemployed and underemployed people to local green job opportunities. C. Partner with existing institutions and organizations like St. Petersburg College and CareerSource Pinellas to offer workforce training programs in green job skills. 12.4 Green Guide A. Partner with tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that commit to green practices. B. Increase participation in green business designation programs by the hospitality industry (e.g., the Florida Green Lodging Program). 12.5 Regional Partnerships A. Continue to partner with local and regional organizations and focus on devising new strategies to attract green businesses to the area. B. Leverage economic development centers to spur local economic development in the green business sector. 12.6 Municipal Green Revolving Fund A. Develop a municipal GRF to fund sustainable projects and uphold cost-effective services. Green Economy – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Economy ( Page 92 ) Clearwater Greenprint 2.0 12.7 Green Purchasing Policy A. Develop a “Green Purchasing Policy” to encourage the purchase of environmentally preferable products that mitigate the city’s environmental impact. B. Create procedures to help departments make the most sustainable purchases possible. Photo Credit: Matt Overdeer DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Economy ( Page 93 ) Clearwater Greenprint 2.0 12.1.- Green Business Database A. Develop a database of green businesses and the number and types of green jobs within the city. B. Establish criteria for classifying green businesses and jobs, allowing for flexibility as new developments in green industry and business practices arise. COBENEFITS The city will develop a database of all green businesses including the number and types of green jobs in Clearwater. The city will need to establish criteria for classifying green businesses and jobs, allowing for flexibility as new developments in green industry and business practices arise. This data can be collected through surveys, online business searches, and phone interviews with the development community and industry organizations. Clearwater can use the business tax receipt application and renewal process to facilitate data collection. 12.2.- Best Practices Sharing A. Recognize businesses that have received LEED, FGBC, Florida Green Lodging Program, and Ocean Friendly certifications on the city website. COBENEFITS The city Sustainability & Resilience website will recognize businesses that have received green certifications from Leadership in Energy and Environmental Design (LEED), the Florida Green Building Coalition (FGBC), the Florida Green Lodging Program, and Ocean Allies certified Ocean Friendly. The city will also develop a system to recognize and profile other businesses that are taking steps to become more sustainable and resource efficient DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Economy ( Page 94 ) Clearwater Greenprint 2.0 without pursuing certifications. The profiles will highlight best practices and the environmental, economic, and social benefits of different companies’ efforts. 12.3.- Green Job Development A. Become a member of Florida Local Environmental Resource Agencies (FLERA). B. Connect unemployed and underemployed people to local green job opportunities. C. Partner with existing institutions and organizations like St. Petersburg College and CareerSource Pinellas to offer workforce training programs in green job skills. COBENEFITS In conjunction with generating green jobs locally, the city will also work to connect people who may be unemployed or underemployed to these new opportunities. The city will partner with existing institutions and organizations, like St. Petersburg College and CareerSource Pinellas, to offer workforce training programs in green job skills, such as renewable energy, energy efficiency, waste reduction, food production, and green building. The program will be implemented in tandem with programs and initiatives that are available in Clearwater to ensure that training results in job placement. 12.4.- Green Guide A. Partner with tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that commit to green practices. B. Increase participation in green business designation programs by the hospitality industry (e.g., the Florida Green Lodging Program). COBENEFITS Many businesses in Clearwater rely on tourism, including local hotels, restaurants, real estate rentals, tour operators, and visitor travel outlets. People now want to spend money DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Economy ( Page 95 ) Clearwater Greenprint 2.0 at businesses that align with their personal values. As a result, the city will partner with these tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that have made a commitment to green practices. This partnership can also create participation in green business designation programs for the hospitality industry, such as the Florida Green Lodging Program, and for other types of businesses that qualify under programs such as Pinellas County’s Green Business Partnership. The city may choose to create its own designation criteria or registration program in implementing this strategy. 12.5.- Regional Partnerships A. Continue to partner with local and regional organizations and focus on devising new strategies to attract green businesses to the area. B. Leverage economic development centers to spur local economic development in the green business sector. COBENEFITS Economic development centers can be leveraged to spur local economic development in the green business sector. Collaborations are being developed at many levels in the Tampa Bay region, from local municipalities, including the city, up to regional levels like the Tampa Bay Partnership which encompasses eight counties. In 2015, Clearwater Business SPARK was formed to provide a variety of services to developing businesses, including educational resources, mentoring programs, and networking opportunities. The city’s Economic Development department also directs businesses and entrepreneurs to additional facilities and programs, such as the Tampa Bay Innovation Center (TBIN). TBIN is committed to cultivating entrepreneurs and developing technology startups. Other regional organizations include the Tampa Bay Entrepreneur Center, Tampa Bay Wave, USF Connect, and Pasco SmartStart. The city will also become a member of Florida Local Environmental Resource Agencies (FLERA), an organization formed in the 1960s that aims to enhance communication, education, and advocacy for Florida local environmental protection efforts. The city will continue to partner with local and regional organizations and will focus on devising new strategies to specifically attract green businesses to the area. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Economy ( Page 96 ) Clearwater Greenprint 2.0 12.6.- Municipal Green Revolving Fund A. Develop a municipal GRF to fund sustainable projects and uphold cost-effective services. COBENEFITS A Green Revolving Fund (GRF) is an internal funding pool that is reserved for financing energy efficiency improvements, renewable energy projects, and other sustainability projects that produce a cost savings. A portion of those savings are then used to replenish the fund and enable an organization to reinvest in future sustainable projects that produce similar savings. Thus, a revolving source of capital is generated to facilitate more green projects and financial savings. The city will develop a municipal GRF to fund sustainable projects and uphold cost-effective services. The Better Buildings Solution Center, a program of the U.S. Department of Energy, offers a number of tools and example programs that the city can use to form its own GRF. 12.7.- Green Purchasing Policy A. Develop a “Green Purchasing Policy” to encourage the purchase of environmentally preferable products that mitigate the city’s environmental impact. B. Create procedures to help departments make the most sustainable purchases possible. In order to ensure that the city is purchasing goods and services that best align with the city’s environmental values and sustainability goals, the city will develop a Green Purchasing Policy to encourage the purchasing of environmentally preferable products that improves the city’s overall impact on the environment. Preferred products or services are those that have the most positive effect on human health and the environment when compared with competing products or services that serve the same purpose. When considering a product, the entire life cycle of that product should be assessed. In addition to this policy, the city will create procedures to help departments make the most sustainable purchases. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Green Economy ( Page 97 ) Clearwater Greenprint 2.0 Learn More About Green Economy: Business Case for Sustainability Whelan, T., & Fink, C. (2017, June 1). The Comprehensive Business Case for Sustainability. https://hbr.org/2016/10/the-comprehensive-business- case-for-sustainability. Impact of Personal Values on Purchasing Patterns Vinson, D. E., Scott, J. E., & Lamont, L. M. (1977). The Role of Personal Values in Marketing and Consumer Behavior. Journal of Marketing, 41(2), 44–50. https://doi.org/10.1177/002224297704100215 Chaudhry, D. A., & Follow. (2014, September 8). Does Culture Influence Our Consumer Behavior? If so, How? LinkedIn. https://www.linkedin.com/pulse/20140908174823- 354556068-does-culture-influence-our-consumer- behavior-if-so-how/. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix I.- Strategies Not Included ( Page 98 ) Clearwater Greenprint 2.0 Residents, visitors, business owners, and city staff - each have a role to play in making Clearwater a thriving sustainable community for all. On our journey towards sustainability, we will each learn about and experience new technologies, world events, and perspectives. Changes will happen and our community must remain adaptable and innovative. The Clearwater Greenprint 2.0 is a living document, intended to grow and change to meet the needs of the city as a whole. The city is committed to monitoring Strategy progress and updating the plan to reflect advancements and additions, but it will need your help to succeed. How to make an impact: 1. VISIT OUR WEBSITE, myclearwater.com/sustainability, to find additional resources to live a more sustainable lifestyle. 2. STAY INFORMED and sign up to be notified of news and events by joining the city’s email list. 3. SHOW UP to city meetings and events. Participating in City Council meeting or learning more at a city-sponsored educational event can greatly support the city’s sustainability efforts. 4. SIGN UP to volunteer with a local non-profit organization or to join a city clean-up event. 5. START A CONVERSATION about sustainability with your family and friends. Increasing the awareness in our community is one of the greatest things we can do to make a difference. Concluding Remarks Clearwater’s most important assets are its people. Photo Credit: City of Clearwater Photo Credit: Jorge Rivas DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix I.- Strategies Not Included ( Page I.1 ) Clearwater Greenprint 2.0 Waste Reduction – Pay-As-You-Throw A Pay-As-You-Throw program was considered by the Solid Waste/Recycling department to reduce the amount of material sent to the Pinellas County Waste-to-Energy facility and landfill. It was decided that a more effective method of reducing waste would be to implement a single-stream recycling program. This decreased the need to collect garbage from twice a week to once a week. The city has seen 20% reduction in trash production since the program was introduced. Commercial Recycling Since the first edition of Clearwater Greenprint in 2011, the city of Clearwater’s Solid Waste and Recycling Department has provided education to commercial businesses in the forms of waste audits, educational posters, and presentations. This Clearwater Greenprint also suggested that the city should propose an ordinance to mandate recycling by commercial establishments. However, the global recycling market is vastly different than it was 10 years ago and mandating commercial recycling is not feasible for the city at this time. To re- establish robust and secure recycling programs, the city is focusing on improving the quality of its residential and commercial recycling programs rather than solely the quantity of materials at this time. Appendix I.- Strategies No Longer Included DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.1 ) Clearwater Greenprint 2.0 Purpose This appendix presents Implementation and Measurement Methodologies for tracking progress on Strategies. It also details other technical information gathered and used throughout the report alongside assumptions made in the measurement of Clearwater Greenprint 2.0 Strategies. Each Strategy’s Implementation and Measurement Methodologies is assigned a timeframe for completion based on the section 3, Target Timelines. Assumptions During the creation of Clearwater Greenprint 2.0, Clearwater staff serving on the Sustainability and Resilience Committee were asked to fill out a short survey to better understand the city’s priorities and capacities for improving Clearwater’s response to climate change in the next 30 years. The survey consisted of the following questions: 1. Which of these activities do you think will have the greatest positive impact on the city of Clearwater? (Choose your Top 3) 2. Using the scale below, rate the cost and benefit of public outreach and education activities related to sustainability. 3. Using the scale below, rate the cost and benefit of training certain staff on sustainable practices. 4. Using the scale below, rate the cost and benefit of updating codes and other regulating documents (not including implementation). 5. Using the scale below, rate the cost and benefit of upgrading, rehabilitating, or replacing any municipal infrastructure or equipment to a more energy efficient or environmentally friendly standard. 6. Using the scale below, rate the cost and benefit of coordinating programs and outreach in collaboration with local and regional agencies/organizations. 7. Using the scale below, rate the cost and benefit of applying for and managing grants. 8. Please select the primary activity you are involved in. Appendix II.- Implementation & Measurement Methodologies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.2 ) Clearwater Greenprint 2.0 Staff’s responses to these questions are summarized in Table II.1 and Figure II.1 below. Staff’s input and budget documentation were used to estimate the costs and benefits of strategies based on their Core Topics. The Implementation and Implementation and Measurement Methodologies contained in this report are based on the following overarching assumptions: • Annual budget allocations to various departments will remain the same, • The relative cost and benefit rating assigned by staff to each action reflects the typical scope for their department or division, and • Staff will review the recommendations contained in this Appendix and draft a final budget for the accomplishment of the monitoring methodologies contained within this report. In addition to the foregoing assumptions and limitations, Implementation and Measurement Methodologies outlined in all Core Topics may necessitate legal review which should occur prior to any budgetary appropriations, applications for grant funding, or any similar expenditure associated with the recommendations set forth in this document. To ensure the health and safety of city staff and attendees, all activities involving gatherings of people described in this document will abide by pertinent health advisories in effect in addition to applicable state, local, territorial, or tribal health and safety laws, rules, and regulations. Table II.1.- Top Priority Areas Ranked by Vote Count Priority Area Rank Count Public Outreach and Education 1 7 Green Energy and Buildings 2 6 Transportation and Accessibility 3 6 Planning and Building 4 3 Water Conservation 5 3 Waste Reduction 6 1 "Green" Economic Development 7 1 Easy Access to Food Locally 8 0 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.3 ) Clearwater Greenprint 2.0 A Public outreach and education activities related to sustainability. B Training certain staff on sustainable practices. C Updating codes and other regulating documents (not including implementation). D Upgrading, rehabilitating, or replacing any municipal infrastructure or equipment to a more energy efficient or environmentally friendly standard. E Coordinating programs and outreach in collaboration with local and regional agencies/organizations F Applying for and managing grants. AB C D E F 5 5.5 6 6.5 7 7.5 8 8.5 9 9.5 10 5 6 7 8 9 10COST BENEFIT Figure II.1.-Average Cost/Benefit for Each Activity Type DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.4 ) Clearwater Greenprint 2.0 Education and Awareness The following section provides the Implementation and Measurement Methodologies for Education and Awareness Core Topic Strategies. Categorization of the relative cost and benefit of the Education and Awareness Core Topic Strategies is provided in Figure II.2.- Administrative and Social Strategies. Strategies in this graphic represent a grouping of Strategies considered to be within similar range of cost to implement. In addition to Education and Awareness, the graphic includes strategies from Green Energy and Buildings, Livability, Local Food, and Green Economy. Strategies within the Education and Awareness Core Topic are largely limited by budgetary allocation and staff hours and consist of programming and data management. The proposed strategies assume the city of Clearwater’s willingness to establish programs, create and maintain databases, launch information collection campaigns, and take other necessary measures to implement the actions described in this section. Feasibility of implementation would be established after budget and hour allocation is determined by staff. Once this occurs, metrics such as number of attendees, number of registrants, attendee demographics, number of downloads, clicks, or website traffic may be used to gauge the success of activities. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.5 ) Clearwater Greenprint 2.0 • Write or re-write mission statement for city of Clearwater to include environmental commitment. • Incorporate the mission statement into the local government’s comprehensive plan. A. Promote education through publications and public events • Set timeline goals and publication schedules for commencement of reports and conduct workshops. • Layout publication schedule and publication format. • Workshops should be held online, quarterly, covering a two-year schedule. Upon completion, the workshop cycle should repeat. B. Provide pertinent local GIS and other data online • Develop and maintain a geographically referenced databases of buildings (including building age), gas transmission lines, wastewater lines, and septic tank locations. • Use these data to inform and direct implementation programs. A. Develop new events that engage the community in sustainability through fun and innovative activities • New events shall occur no less than two times per year. B. Continue to host an annual sustainability conference • The conference shall be held annually. A. Continue youth education programs to educate students about resource conservation • Earmark funding for course/program design and implementation for youth education programming. B. Further current efforts by coordinating with the Pinellas County School Board • Work with Pinellas County or draft and present an ordinance to be ratified by the School Board directing creation of a School Sustainability Committee. • Include purpose and direction on how the Committee will make changes in curriculum or after school programming. A. Organize ongoing educational workshops and presentations to keep staff and elected officials up to date on sustainability initiatives and opportunities • Integrate programming with Strategy 5.1 and use the same materials and metrics with some modification to limit duplication of efforts. 5.1 Mission Statement (Short-Term) 5.2 Community Education (Short-Term) 5.3 Community Outreach (Short-Term) 5.4 Youth Programs (Short-Term) 5.5 Municipal Staff Education (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.6 ) Clearwater Greenprint 2.0 B. Integrate sustainable practices into daily operations and serve as ambassadors and educators about city sustainability programs and projects in daily interactions with the public • Designate staff to spend at least one hour per month participating in these activities. • Appropriate staff will complete one continuing education unit (CEU)-approved course in green buildings on a bi-annual basis. • Provide re-usable mugs or water bottles to all employees. • Include the city’s commitment to the environment in new employee orientation. A. Continuously measure, evaluate, and address both mitigation and adaptation progress in accordance with ICLEI Local Governments for Sustainability, USA Five Milestones for Climate Mitigation and Adaptation • Prepare a reporting calendar schedule and incorporate it into the Strategy 5.1 reporting schedule. A. Form a Resilience Committee comprised of city staff and community partners • The Resilience Committee shall be comprised of representatives from departments involved in planning and zoning, utilities, and transportation. B. Initiate a vulnerability assessment throughout the Clearwater area to identify the factors most at risk to climate change stressors • Coordinate this strategy with Strategy 5.1. and report on committee structure as well as the communications program within one year following establishment. C. Formulate a Climate Action Plan to address each of the vulnerabilities identified and further direct the city’s resilience work • The Sustainability and Resilience Committee will assess risks using climate change data sources such as IPCC sea level rise scenarios and advanced hurricane planning incidence and intensity under climate change/global warming scenarios. • The city of Clearwater will develop digital mapping and modeling capability either in-house or through an outside consultant to assess risk in 1-2 years. • In the 1-2 years adoption of Clearwater Greenprint 2.0, the city of Clearwater will develop a Climate Action Plan. Green Energy & Buildings The following section provides the Implementation and Measurement Methodologies Green Energy and Building Core Topic Strategies. Refer to Figure II.2.- Administrative and Social Strategies for the categorization of the relative cost and benefit of each Green Energy and Buildings Core Topic Strategy. The Green Energy and Buildings Implementation and Measurement Methodologies pivots on several assumptions, mainly that the approval process for each project is informed by its financial feasibility (“project pro-forma”) as well 5.6 Continuous Reporting (Short-Term) 5.7 Resilience Planning and Outreach (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.7 ) Clearwater Greenprint 2.0 as fiscal impact analyses under two conditions: one with the proposed climate change mitigation measure and one without. Furthermore, it is assumed that prior to undertaking other actions, the city of Clearwater will first conduct an inventory of municipal buildings and assess their conditions, and that the city has agency to make improvements to the municipal buildings they seek to retrofit. Additionally, following completion of the building inventory, the city will set targets for retrofits or new construction and assign specific costs. Costs and subsequent budgetary appropriations may be based on a wide variety of metrics including the following publicly available data sources: • Pinellas County Property Appraiser Records, • U.S. Census Data, and • American Community Survey Estimates. A. Partner with public and private organizations to establish an energy finance program • Form a special district or financing district to enable Property Assessed Clean Energy program (PACE) partnerships on non-residential properties. • Staff will use the U.S. Census-based residential characteristics inventory to assess costs and average level of energy efficiency upgrades needed per residential unit. • Staff will set the financial amount the city will provide to seed and support building rehabilitation finance. A. Develop and implement a program that performs comprehensive energy evaluations, recommends conservation practices and upgrades, provides basic information on financing options, and measures the environmental and economic benefits after implementation • Coordinate with electric and water utilities to enhance, supplement existing programs. • Measure monthly kilowatt hours (KwH) or gallons per day (GPD) usage before and after conservation implementation at the user level. • Track historic usage and set future consumption targets. A. Implement a “feebate” program • Coordinate this Strategy with Strategies 6.1 and 6.2. • Track, measure, and record annual funding occurring in the feebate program. A. Encourage and assist developers in incorporating green building practices and standards into their design, construction, maintenance, and operations plans 6.1 PACE – Energy Finance Program (Short-Term) 6.2 Resource Conservation Program (Short-Term) 6.3 Incentives for Upgrades (Short-Term) 6.4 Performance Standards (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.8 ) Clearwater Greenprint 2.0 • Strengthen, enhance, update, and upgrade Comprehensive Plan and land development regulations applicable to new construction. B. Encourage the use of national building performance standards • Provide funding and PACE options for retrofits in redevelopment. A. Continued offering of programs by Clearwater Gas System to increase the number of residents and businesses using natural gas to power appliances • Provide funding incentives for new hookups. • Update digital system maps for gas availability. • Determine program for system expansion if warranted. • Determine if there are efficiency ratings and retrofit standards and potential for existing gas appliances similar to home heating A/C units. • Provide natural gas conservation tips to customers. A. Request proposals from private companies to design, build, install and operate small-scale energy generation facilities that can utilize available resources to generate electricity and/or heat • Enable zoning laws to allow small scale solar facilities on site, or integrated with new construction. • Identify suitable sites of 400 acres to accommodate small scale solar plants. A. Preparation of a marketing and outreach campaign challenging property owners to install renewable energy technologies • Coordinate implementation with Strategy 5.1 and 6.1. B. Support code changes that remove obstacles to installing renewable energy systems • Identify code-based obstacles. • Validate obstacles with energy providers. • Develop a plan to revise municipal codes. C. Provide information to assist residents with purchasing renewable energy equipment • Identify renewable energy equipment suppliers. • Verify and certify suppliers through Chamber of Commerce • Help fund an information program and include verified suppliers in workshop and outreach presentations. D. Include information about local, state, and federal incentives, economic and environmental benefits, contact information for local contractors, financing options • See Strategy 6.7.C. 6.5 Natural Gas Conservation (Short-Term) 6.6 Local Power Generation (Medium-Term) 6.7 Renewable Energy Challenge (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.9 ) Clearwater Greenprint 2.0 E. Create a website that allows the Clearwater community to submit property information and view addresses where renewable energy systems have been installed • Obtain client lists from local renewable energy suppliers. A. Investigate financing mechanisms for expanding renewable energy generation • Coordinate with Strategy 6.1 and include information in Strategy 5.1. B. Launch a solar co-op program in which residents can coordinate bulk purchase of PV systems for reduced price • Identify sites for a solar plant with grid access for existing or new development. A. Request conversion of all Duke Energy-owned electric streetlights to LED • Negotiate a municipal rate reduction or rebate to finance LED streetlight conversion. • Coordinate with Clearwater-owned public lighting. A. Partner with a third-party company to create an energy savings program including staff training and web-based energy consumption tracking, and benchmarking for municipal buildings • Develop public database of municipal buildings to provide comprehensive energy consumption data. B. Develop a formal energy management policy for city buildings and operations • Within 1-3 years of commencement, conduct engineering assessment of all municipal buildings to evaluate energy savings potential from windows, insulation, lighting, ventilation, temperature, plant/AC efficiency ratings/harmful refrigerant use, and water usage. • Design comprehensive custom energy management program. • Create an Energy Manager position to administer the formal energy management policy and related municipal programs such as that described in Strategy 6.12. A. Establish a re-commissioning plan to inspect, test, and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment • Coordinate with Strategy 6.10. B. Create an LED lightbulb conversion program for city buildings • Inventory all light fixtures in all city buildings by indicating the type of bulb or fixture. C. Train key staff that do not have the appropriate skills to test the equipment 6.8 Renewable Energy Finance (Short-Term) 6.9 Energy Efficient Streetlights (Short-Term) 6.10 Municipal Energy Management Program and Policy (Short-Term) 6.11 Municipal Re-Commissioning Plan (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.10 ) Clearwater Greenprint 2.0 • Design a preventative maintenance program to replace existing non-LED bulbs (and fixtures if necessary) with LEDs. • Estimate the total cost of replacement and track total cost saving from reduced operational costs following LED installation for 10 years. D. Identify any environmentally harmful refrigerants in its operations and phase them out as part of its re-commissioning process (see Green Energy and Buildings Strategy #11) • Coordinate implementation with Strategy 6.10. A. Build all new municipal facilities to a nationally recognized high-level performance standard (e.g., Leadership in Energy and Environmental Design, Florida Green Building Coalition, and Energy Star) • Update and modernize building code standards. Include resiliency and performance standards which may exceed national standards due to specific local conditions such as humidity, sun, or salt. A. Existing and new infrastructure complies with comprehensive resilience guidelines and the recommendations provided by the Tampa Bay Regional Resiliency Coalition • Coordinate implementation with Strategy 6.10. B. Prioritize resilience upgrades in capital and operational budgets • Estimate capital cost of resilience upgrades. • Estimate damage avoidance over 20 years and operational efficiency cost savings from resilience upgrades. C. Create educational materials and events for the public to improve the adaptive capacity of their own buildings, structures, and properties. • Coordinate with Strategies 5.1 and 5.2. D. Explore grant opportunities for municipal photovoltaic and energy storage for critical building infrastructure (e.g., emergency shelters, schools, cooling centers, and nursing or assisted-living homes) to protect vulnerable populations and reduce GHG emissions • As part of any update to the city’s Comprehensive Plan, identify two medium to large scale inundation, drainage, and flood water storage projects which will protect surrounding structures from floods; storage projects may be passive recreational areas when dry. 6.12 Municipal Performance Standard (Short-Term) 6.13 Resilient Infrastructure (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.11 ) Clearwater Greenprint 2.0 Transportation The following section provides the Implementation and Measurement Methodologies for Transportation Core Topic Strategies. Categorization of the relative cost and benefit of the Transportation Core Topic Strategies is provided in Figure II.3.- Transportation Strategies. For Implementation and Measurement Methodologies in this Core Topic it is assumed that sufficient permissions to alter county, state, and federal roads will be attained from the appropriate governing agencies and that work carried out will be consistent with other governing documents, including the city’s existing Complete Streets Plan. Major limitations to implementation of Strategies within this Core Topic are eliciting widespread behavioral change for use of alternative modes of transportation to achieve Vehicle Miles Travelled (VMT) reduction targets, and anticipated major structural changes, including adoption of electric vehicles, remote work, or autonomous vehicles. These changes affect the goals identified by Clearwater Greenprint 2.0 in many ways, including by reducing gas tax revenue used for roadway infrastructure improvements, and changing the metrics (e.g., VMT) by which greenhouse gas emissions are typically measured. A. Launch a VMT reduction campaign 7.1 Vehicle Mile Reduction (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.12 ) Clearwater Greenprint 2.0 • Build a representative database of total VMT over time on municipal streets based on summation of selected municipal traffic counts. • Illustrate average annual VMT growth rates. • Undertake program of study to reduce annual VMT growth. • Adopt strategies; implement plan. • Measure and track annual change in VMT. B. Reduce city-wide VMT by 10% • Specify how VMT is calculated from mass transit or carpool modes as well as reductions due to trends in remote work. C. Launch an internal VMT reduction program for employees • Specify employee rules and standards for work from home. Reference San Mateo County’s Office of Sustainability “Telework & Flex-Schedules Toolkit” as a resource for support and guidance. • Build out IT capacity to support remote work. A. Complete actions outlined in the Complete Streets Plan. B. Healthy street design is local government policy • Implement the 12 Steps of Walkable Communities per Florida Department of Transportation Pedestrian and Bicycle Program. • Implement Strategies identified in the Street Design Guidelines for Healthy Neighborhoods from Walkable Communities, Inc. A. Continue to advocate for more funding to increase bus and trolley stops on existing routes • Develop a plan for bus/trolley improvement needs and opportunities. Assign funding requirements. Develop a cost share funding plan to build out improvements over a 10-year time frame. B. Collaborate with the Pinellas Suncoast Transit Authority (PSTA) to improve bus scheduling C. Explore and encourage alternative forms of public transportation (e.g., Bus Rapid Transit, carpool, car share, bike share, scooter share, and ferry services) • Enhance mobility-related zoning and municipal codes to accommodate alternative modes of transportation regarding parking and land use. • Implement a mobility impact fee to replace transportation impact fees through year five of implementation. A. Support construction of infrastructure for low-to-zero emission vehicles • Develop charging station installation fees to assess total program costs to provide for EV fleet. B. Continue to install public EV charging stations 7.2 Complete Streets Policy (Short-Term) (Short-Term) 7.3 Local Transit Improvement (Short-Term) 7.4 Low Emission Vehicles (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.13 ) Clearwater Greenprint 2.0 C. Change the Community Development Code to require charging stations for electric vehicles for new development and adopt “EV ready” policies • Determine the percentage of residents driving electric/hybrid or low emissions vehicles. D. Host a minimum of one event per year at which the public is encouraged to try an electric vehicle • Partner with nearby auto sales dealerships or the Southern Alliance for Clean Energy for an electric vehicle test drive event. E. Partner with an organization such as the Sierra Club or Southern Alliance for Clean Energy to create an event that encourages residents and businesses to shift to hybrid electric vehicles • Coordinate implementation with Strategies 5.1 and 5.2. A. Adopt a Green Fleet Policy to govern use and procurement of fleet vehicles • Assign Green Fleet program development to the Fleet Manager. • Develop the Green Fleet Policy within two years of the Greenprint 2.0 plan adoption. • The Green Fleet Policy or Program will include the following: Inventory of fleet, identification of repair/replace cycle, development of fleet replacement costs, and identification of time frames for replacement. • Coordinate with the current policy study being undertaken by the city. • Fleet transition should be completed by 2035 or 2050 per the current assessment. B. Investigate financing mechanisms to offset cost of fleet conversion (e.g., vehicle leasing and federal tax credit) • Within three years following adoption of Clearwater Greenprint 2.0, identify replacement cost and review finance options with Financial Advisor. C. Increase the share of municipal light-duty vehicles running on alternative fuels • All municipal light-duty vehicles will run on alternative fuels by 2040. A. Manage traffic congestion by considering alternative intersection designs • Coordinate implementation with Strategies 7.1, 7.2, and 7.3. B. Continue to include roundabouts in new road construction projects • Coordinate implementation with Strategies 7.1, 7.2, and 7.3. C. Consider use of other congestion management practices • Coordinate implementation with Strategies 7.1, 7.2, and 7.3. A. Increase the alternative work schedule and telecommuting opportunities available to city workforce 7.5 Municipal Fleet Conversion (Medium-Term) 7.6 Congestion Management (Medium-Term) 7.7 Municipal Telecommuting Policy (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.14 ) Clearwater Greenprint 2.0 • Coordinate implementation with Strategy 7.1. • Support alternative work schedule and telecommuting opportunities by expanding IT capability to include secure remote access for employees to internal city networks. B. Encourage virtual meetings in lieu of in-person meetings requiring travel by automobile whenever possible • State policy requires some public meetings to be in-person only; lobby to update the state mandate for in-person meetings. Livability The following section provides the Implementation and Measurement Methodologies for Livability Core Topic Strategies. Categorization of the relative cost and benefit of the Livability Core Topic Strategies is provided in Figure II.2.- Administrative and Social Strategies. Similar to the Green Energy and Buildings Core Topic area, Strategies within the Livability Core Topic area pivot on the assumption that the approval process for each project is informed by its financial feasibility (“project pro-forma”) as well as fiscal impact analyses under two conditions: one with the proposed climate change mitigation measure and one without. In addition to this, it is also assumed that the city will measure equity and inclusion. Though this consideration applies to all Strategies within the Clearwater Greenprint 2.0, issues of equity and inclusion are particularly relevant for those of the Livability Core Topic area. This is because most of the area’s Strategies involve improvements that typically occur in small geographic areas (e.g., new construction and building retrofits) and are likely to affect historically under-resourced populations. To measure equity, the city will define measures that quantify the qualitative aspects of livability. To this end, factors such as aesthetics, and emotion may be monitored by way of routine survey of the city’s stakeholders (e.g., residents, workers, and business-owners). Surveys may ask stakeholders to rate their levels of satisfaction with city services, or the physical condition of the built environment. A. Continue to provide for mixed-use development in livable, transit-oriented neighborhoods • Coordinate implementation with Strategies 5.6, 6.4, 6.6, 6.8, and 6.12. B. Improve regulation, investment, and incentives that will fulfill residents’ household and transportation needs • Coordinate with Strategy 6.1 and evaluate and specify finance mechanism such as revolving loan or letter of credit support amounts city will provide. A. Encourage restoration and reuse of buildings as an alternative to demolition 8.1 Development Incentives (Short-Term) 8.2 Property Revitalization (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.15 ) Clearwater Greenprint 2.0 • Strengthen and update local codes to shift redevelopment toward these goals. • Where demolition is unavoidable, encourage deconstruction of buildings and subsequent reuse and recycling of building materials. B. Maintain the historic designation process to ensure that historically significant properties and neighborhoods remain stable, well-maintained, and available for long-term use • Measure potential savings from historic designation. • Consider conducting a cost benefit analysis through literature search or direct analysis to determine if there are property value increases due to historic designation and carbon footprint savings from rehabilitation vs demolition and reconstruction. • Conduct pro-forma analysis and fiscal impact analysis to determine profitability and fiscal revenue conditions of proposed project. • Employ Public Private Partnership (P3) mechanisms to help assure minimum profitability standards to help assure project financial viability. • Employ tax increment financing (TIF) capture, synthetic sales tax, or other mechanisms to help offset costly capital requirements; thereby helping assure project financial viability. C. Continue to implement a brownfield program and identify incentives such as tax credits for brownfield and greyfield development • Coordinate implementation with Strategy 6.1. D. Consider partnership with an educational institution or non-profit organization to demonstrate the benefits of compost in a pilot program or through a publication • Identify 10 pilot compost sites and provide bins, scales and operational instruction to weigh and measure compost material by volume to illustrate weight and volume metrics of landfill savings per home. • Track data and report in educational outreach events. • Pursue financial incentives to offset some of the cost of brownfield remediation and promote reuse of land. • Where remediation is needed, consider the addition of compost as an amendment to disturbed land. A. Continue to create a self-sustaining community and local economy to reduce VMT and increase accessibility • Inventory vacant land and target areas for mixed use options as part of any future updates to the city’s Comprehensive Plan. A. Support and expand the community’s capacity to manage, develop, and enhance greenspace for natural habitat, recreation, gardening, and outdoor education activities • Incentivize or supplement beach renourishment. • Improve and maintain public property. • Create P3s to transition underutilized land to greenspace. • Encourage provision of greenspace on private property through public policy and programs. 8.3 Diverse Housing Options (Short-Term) 8.4 Greenspace Expansion (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.16 ) Clearwater Greenprint 2.0 A. Continue to host an annual tree giveaway • Create partnership with the Audubon Society, Arbor Day Foundation, or other similar organizations to create a tree inventory for a tree giveaway program. B. Develop a program to educate community members on the benefits of planting trees and recognize residents and businesses that participate • Coordinate implementation with Strategy 5.1. C. Assess current tree canopy and set an increased canopy goal based on assessment results • Coordinate and review tree policy with Pinellas County. D. Create an implementation plan to increase tree canopy coverage • See Strategy 8.5.F below. E. Require mitigation for consumption of natural habitat or resources • Identify active land bank mitigation sales in Florida. • Engage in transfer and sale program with existing mitigation land banks; obtain cost of land bank mitigation credits. • Review city land development code and based on review, amend code to require mitigation as part of the development code. F. Enact and enforce a tree preservation or land-clearing ordinance • Hire a municipal arborist to manage the tree inventory and the preservation, recommendation of mitigation and maintain GHG mitigation and carbon sequestration data. G. Pilot a forest carbon sequestration project on municipal land which will sequester carbon to offset a portion of the community’s annual GHG emissions • Calculate GHG savings per 1,000, 5,000, and 10,000 trees. • Consider differences in tree species and growing zones. • Develop a planting program under an existing urban forestry project protocol to allow for recording and reporting the results. A. Become a certified community under National Wildlife Federation Wildlife Habitat Program • Take the National Wildlife Federation Mayor’s Monarch Pledge B. Enact a sea turtle ordinance C. Create an endangered lands conservation/purchasing program • Coordinate with Strategies 8.3 and 11.3 to identify and evaluate lands with high environmental or conservation value. D. Promote eco-literacy 8.5 Urban Tree Program and Canopy Target (Short-Term) 8.6 Environmental Conservation (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.17 ) Clearwater Greenprint 2.0 • Create programs to increase awareness of regional flora and fauna as well as the importance of natural resource preservation. • Build on existing partnerships with local organizations (e.g., the Clearwater Marine Aquarium, Florida Native Plant Society, Audubon Society, and Tampa Bay Estuary Program). • Coordinate implementation with Strategies 5.1, and 8.5. A. Create an IPM plan address invasive species and problematic insects at city-owned properties • Provide guidance on non-native, invasive plants and species as well as a detailed plan for removal and/or management of such species. • Emphasize non-toxic options and consider potential expansion of invasive species due to climate change. • Coordinate implementation with the University of Florida IFAS Extension Office. B. Provide the public with educational materials concerning invasive species identification and IPM best practices C. Consider partnership with an educational institution (e.g., Saint Petersburg College of the University of South Florida) to develop of an IPM plan and subsequent educational outreach A. Develop street design standards that maximize energy efficiency and minimize heat • Coordinate with any future amendments to the city’s Comprehensive Plan’s Transportation Element. • Document cost differentials for capital and maintenance, changes in materials use, cost offsets with embedded solar panels, or integrated traffic flow technology. A. Explore options for preventing excessive levels of pollution and mitigate environmental and other impacts such as noise, odor, and traffic in low-income communities and communities of color B. Include potential environmental and public health impacts of land use decisions into planning and zoning activities • Conduct literature review and analysis of issues and costs surrounding environmental justice. • Identify applicable concerns in Clearwater within 1 year of authorization. C. Prioritize affordable housing for historically displaced groups to prevent green gentrification • Develop Environmental Justice plan 2-3 years following authorization. D. Consider measures to ensure that rent in improved neighborhoods remains affordable and savings from energy efficiency improvements are passed on to tenants • Allocate up to $250,000-$400,000 over the span of two years to undertake zoning and land use code updates in transportation, energy, development, reuse, and environmental justice. • Coordinate updates to land use and zoning regulations with Strategies 6.4, 6.14, 7.3, and 8.3. 8.7 Integrated Pest Management (Short-Term) 8.8 Energy Efficient Streets and Parking (Short-Term) 8.9 Environmental Justice (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.18 ) Clearwater Greenprint 2.0 E. Assess current city zoning and land use policies to determine where environmental justice criteria can be incorporated Water Conservation The following section provides the Implementation and Measurement Methodologies for the Water Conservation Core Topic Strategies. Categorization of the relative cost and benefit of the Water Conservation Core Topic Strategies is provided in Figure II.4.- Water Conservation and Waste Reduction Strategies. For Implementation and Measurement Methodologies in this Core Topic it is assumed that sufficient permissions to alter water utility infrastructure have been obtained from the Southwest Florida Water Management District (SWFWMD) or other regulating entity. Any improvements are presumed to be based on gathered data as well as the project pro-forma and fiscal impact analysis. A. Continue to encourage water conservation in homes, businesses and industries • Coordinate with Florida Department of Environmental Protection (FDEP), and the SWFWMD to establish new rules, determine consumption rates, water use per capita, and water sources for the city. 9.1 Water Conservation (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.19 ) Clearwater Greenprint 2.0 • Coordinate regulatory costs and compliance thresholds with water utility. • Prepare finance plan for consumption compliance. B. Continue to consider changes to water use regulations and fees on an annual basis • Inventory residential plumbing conditions based on US Census data. • Coordinate with Strategy 6.1 to measure average plumbing requirements for existing inventory of structures. • Continue to evaluate rate restructuring options to promote water conservation. C. Encourage residents and businesses to adopt water conservation standards such as Florida Water Star for existing and new construction • Coordinate implementation with Strategy 5.1. D. Consider developing year-round water restrictions that are more stringent than Southwest Florida Water Management District restrictions A. Use code-based incentives (e.g., accelerated site plan review time) to encourage community members to create landscapes at the same time as new development or redevelopment that integrate water saving measures • Promote widespread adoption of Florida Friendly Landscape Principles. B. Promote and facilitate neighborhood-based projects that train residents on Florida-Friendly landscaping practices • Coordinate and incorporate information on best practices with Strategy 5.1. C. Partner with neighborhoods and local organizations to recognize existing Florida-Friendly yards and highlight effective and affordable xeriscaping techniques • Coordinate and incorporate information on best practices with Strategy 5.1. A. Identify and prioritize potential retrofits to city buildings for rainwater capture • Conduct engineering conditions inventory of municipal buildings – coordinate with Strategies 6.10 and 9.1. B. Create guidance for private property owners to develop and implement rainwater collection plans • Rely on existing rainwater harvesting programs such as that implemented in Santa Fe, New Mexico. C. Increase awareness of co-benefits of low-impact development • Incorporate concepts into Strategy 5.1. D. Consider installations that capture, retain and treat stormwater runoff from parking lots, driveways and roads 9.2 Waterwise Landscapes (Short-Term) 9.3 Low-Impact Development (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.20 ) Clearwater Greenprint 2.0 Waste Reduction The following section provides the Implementation and Measurement Methodologies for the Waste Reduction Core Topic Strategies. Categorization of the relative cost and benefit of the Waste Reduction Core Topic Strategies is provided in Figure II.4.- Water Conservation and Waste Reduction Strategies. For Implementation and Measurement Methodologies in this Core Topic, it is assumed that sufficient permissions to establish or alter recycling and waste disposal service agreements have been obtained from pertinent regulating entities. Any improvements are presumed to be based on gathered data as well as the project pro- forma and fiscal impact analysis. A. Continue to offer yard waste collection to residents, encourage more households to participate, and investigate opportunities for collection of other organic waste such as food waste for composting • Institute a survey of the number of pickups per month, per season. • Gather dump statistics for the monthly weight of yard waste collected to determine household participation rates. A. Continue to offer recycling services to residents and businesses • Continue the City’s existing recycling program. • Focus on waste reduction and promote composting. • Determine efficiencies and service expansion opportunities. • Enable customers to make online bill payments or utilize recycled paper. • Continue providing access to the virtual Clearwater Creates Compost course • Hold an annual compost bin pick up event for residents A. Develop a pilot composting program to divert food scraps from landfills and demonstrate the viability of a city-wide program • Target the city’s commercial sector initially with preference for high-volume generators of food waste (e.g., hospitals, schools, hotels, and restaurants) for on-site or collection composting programs. • Monitor participation rates, challenges, benefits, and costs. • Consider expanding the study to collecting and processing food waste from select neighborhoods in the residential sector. • Determine food scrap versus vegetable/non-meat composting requirements. • Identify compost dump sites for site development or contract with an existing facility. • Maintain a monthly data base with material tonnage. 10.1 Yard Waste Collection (Short-Term) 10.2 Continuation of Recycling Program (Short-Term) 10.3 Backyard Composting Program (Short-Term) 10.4 Commercial Composting (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.21 ) Clearwater Greenprint 2.0 A. Organize an annual community event for swapping reusable goods to divert reusable goods from the solid waste stream • Coordinate implementation with Strategy 5.1. A. Adopt formal waste reduction policy and goals that address ocean-friendly recycling and printing practices • Build a database tracking all waste by type, volume and weight based on waste removal services estimates under current contract. • Determine average monthly levels. • Set waste reduction targets and strategies by type and measurement. B. Consider development of standards for events held on municipal sites to reduce waste generation, consumption of single-use plastics, and increase recycling by thousands of eventgoers per year • Estimate the cost of waste removal, recycle value of waste material, and value of waste savings. Local Food The following section provides the Implementation and Measurement Methodologies for the Local Food Topic area Strategies. Refer to Figure II.2.- Administrative and Social Strategies for the categorization of the relative cost and benefit of each Green Energy and Buildings Core Topic Strategy. The Local Food Implementation and Measurement Methodologies assume that the approval process for each project is informed by the project pro-forma as well as fiscal impact analysis. Similar to the Livability Core Topic area, measurement of equity is a primary consideration of this topic area. To this end, measurement of access to quality local food is assumed. Access may be measured through a variety of means, and data on the subject may be obtained from the following public and open-source data sources: • United States Department of Agriculture Economic Research Service (refer to the Food Access Research Atlas) • Property Appraiser Records • U.S. Census Data • American Community Survey Estimates • Open Street Map A. Organize and facilitate a task force to assist in developing and implementing recommendations for expanding local food production 10.5 Trash to Trends Event (Short-Term) 10.6 Municipal Waste Reduction Policy (Short-Term) 11.1 Urban Agriculture Task Force (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.22 ) Clearwater Greenprint 2.0 • Create an educational campaign organized by the task force to bolster awareness and use of existing initiatives that promote local food consumption. • Within the first year of Strategy implementation, create an Urban Agriculture Task Force. • Within the second year of Strategy implementation, develop a local farm to table plan. B. Develop partnerships among non-profits, ministries, neighborhood associations, and private interests to increase local food production and commerce, funding opportunities, and pooling of resources C. Leverage partnerships to obtain grant funding for planning and project start-up activities A. Define “local” in the context of food production and the community’s needs • See Strategy 11.1. B. Develop a “foodshed program”, “Buy Fresh Buy Local”, in collaboration with regional partners to increase availability of local foods • Identify sites for a municipal farm and local farmers market. • Inventory and prepare a database of local growers and food producers. • Coordinate implementation with Strategy 5.1 and the local University of Florida IFAS Extension Office. A. Conduct an inventory of public and semi-public lands that would be suitable for food production for the purpose of identifying sites for food production pilot projects • Coordinate with Strategies 6.4, 8.3 and 8.9 as part of any future updates to the city’s Comprehensive Plan. B. Amend the Community Development Code to allow and support community gardens and other forms of urban agriculture • Incorporate hydroponics or other types of food production facilities into new and existing buildings. • Undertake the amendment as part of municipal code evaluation and update. • Coordinate with considerable code review and updates in Strategies 6.4, 6.7, 6.12, 7.3, 7.4, 8.1, 8.5, 8.9, 9.2, and 9.3. A. Create a Community Garden Grant Program • Coordinate implementation with Strategies 5.1 and 5.2. • Consider co-locating community gardens with farmer’s market locations. • Following the launch of the program in 2020, track stakeholders and provide staff assistance/guidance help with grant applications. A. Encourage staff and residents to eat a plant-rich meal at least once a week 11.2 Local Food Production (Short-Term) 11.3 Urban Agriculture (Short-Term) 11.4 Community Garden Grant Program (Short-Term) 11.5 Climate Friendly Food Policy (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.23 ) Clearwater Greenprint 2.0 B. Integrate climate-friendly food procurement guidelines into the Green Procurement Policy C. Consider a resolution in support of “Meatless Mondays” Green Economy The following section provides the Implementation and Measurement Methodologies for the Green Economy Core Topic area Strategies. Refer to Figure II.2.- Administrative and Social Strategies for the categorization of the relative cost and benefit of each Green Economy Core Topic Strategy. The Green Economy Implementation and Measurement Methodologies assume that the approval process for each project is informed by the project pro-forma as well as fiscal impact analysis. It should be noted that prior to commencement of work, a formal definition of “green jobs” should be established by staff; in the process, a distinction should be made between “green jobs” and “green industry.” Actions to promote green jobs should be based on a database generated based on staff’s definition. A. Develop a database of green businesses and the number and types of green jobs within the city • Collect data through surveys, online business searches, and phone interviews with the development community and industry organizations. • Consider using the Business Tax Receipt application and renewal process to facilitate data collection. • Use municipal business license records to expand data fields to classify business by green criteria. • Update business license application to institutionalize collection of data. B. Establish criteria for classifying green businesses and jobs, allowing for flexibility as new developments in green industry and business practices arise • Research a paradigm for classification green jobs. • Develop a detailed database of green jobs from NAICS data and municipal occupational/business licenses data. • Add classification fields to business license forms. A. Recognize businesses that have received LEED, FGBC, Florida Green Lodging Program, and Ocean Friendly certifications on the city website • Develop a system for recognizing and profiling other businesses that take steps to become more sustainable and resource efficient without pursuing costly certifications. • Highlight best practices and the environmental, economic, and social benefits of different companies’ efforts. • Coordinate implementation with Strategy 5.1. A. Become a member of Florida Local Environmental Resource Agencies (FLERA) 12.1 Green Business Database (Short-Term) 12.2 Best Practices Sharing (Short-Term) 12.3 Green Job Development (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.24 ) Clearwater Greenprint 2.0 B. Connect unemployed and underemployed people to local green job opportunities • Using the green business database, classify job opportunities within companies by degree of green character. C. Partner with existing institutions and organizations like St. Petersburg College and CareerSource Pinellas to offer workforce training programs in green job skills • Consider a green jobs tax credit to incentivize employers to create green jobs. • Implement this program in tandem with programs and initiatives already available in Clearwater to ensure that training results in job placement. • Promote green job opportunities in existing workforce training. A. Partner with tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that commit to green practices • Highlight high-scoring companies with green jobs from municipal license database. B. Increase participation in green business designation programs by the hospitality industry (e.g., the Florida Green Lodging Program) • Create designation criteria or registration program for green businesses. • Coordinate implementation with Strategy 12.1. A. Continue to partner with local and regional organizations and focus on devising new strategies to attract green businesses to the area • Define green business characteristics. • Identify resources needed to accommodate green business (i.e., land, workforce, infrastructure, and utilities). • Coordinate implementation with Strategy 12.1. B. Leverage economic development centers to spur local economic development in the green business sector • Target development of necessary resources to support business attraction. A. Develop a municipal GRF to fund sustainable projects and uphold cost-effective services • Determine the purpose and use of revolving loan funds, namely development, redevelopment, retrofit, business methods and process, materials usage, transportation, and utilities. • Leverage the U.S. Department of Energy’s Better Buildings Solution Center program to offer tools and example programs for creation of a GRF. 12.4 Green Guide (Short-Term) 12.5 Regional Partnerships (Short-Term) 12.6 Municipal Green Revolving Loan Fund (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix II.- Implementation and Monitoring Methodology ( Page II.25 ) Clearwater Greenprint 2.0 • Determine any capital needs or funding volume. • Identify a revenue source. • Earmark revenue source and budget funds. A. Develop a “Green Purchasing Policy” to encourage the purchase of environmentally preferable products that mitigate the city’s environmental impact • Consider the entire lifecycle of products in purchasing decisions. • Evaluate and rank all municipal purchases for green alternatives. • Calculate the cost differential in buying green. • Calculate the social/environmental cost savings of green products to offset direct cost of buying green, if any. B. Create procedures to help departments make the most sustainable purchases possible 12.7 Green Purchasing Policy (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix III.- Climate Change Science ( Page III.1 ) Clearwater Greenprint 2.0 The Intergovernmental Panel on Climate Change (IPCC)’s Fifth Assessment Report affirms that “warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice and rising global average sea level.”i Researchers have made progress in their understanding of how the Earth’s climate is changing in space and time through improvements and extensions of numerous datasets and data analyses, broader geographical coverage, better understanding of uncertainties and a wider variety of measurements.ii These refinements expand upon the findings of previous IPCC Assessments – today, observational evidence from all continents and most oceans shows that “regional changes in temperature have had discernible impacts on physical and biological systems.” The Fifth Assessment asserts that “it is extremely likely that more than half of the observed increase in global average surface temperature from 1951 to 2010 was caused by the anthropogenic increase in GHG concentrations and other anthropogenic forcings together. Globally, economic and population growth continued to be the most important drivers of increases in CO2 emissions from fossil fuel combustion. Changes in many extreme weather and climate events have been observed since about 1950. Some of these changes have been linked to human influences, including a decrease in cold temperature extremes, an increase in warm temperature extremes, an increase in extreme high sea levels and an increase in the number of heavy precipitation events in a number of regions”. In short, the Earth is already responding to climate change drivers introduced by mankind. Temperatures and Extreme Events are Increasing Globally Surface temperature is projected to rise over the 21st century under all assessed emission scenarios. It is very likely that heat waves will occur more often and last longer, and that extreme precipitation events will become more intense and frequent in many regions. The ocean will continue to warm and acidify, and global mean sea level to rise. Changes in many extreme weather and climate events have been observed since about 1950. Some of these changes have been linked to human influences, including a decrease in cold temperature extremes, an increase in warm temperature extremes, an increase in extreme high sea levels and an increase in the number of heavy precipitation events in a number of regions.iii Appendix III.- Climate Change Science DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix III.- Climate Change Science ( Page III.2 ) Clearwater Greenprint 2.0 Figure 1 Observations and other indicators of a changing global climate systemiv DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix III.- Climate Change Science ( Page III.3 ) Clearwater Greenprint 2.0 Figure 2 Change in average surface temperature (a) and change in average precipitation (b) based on multi-model mean projections for 2081–2100 relative to 1986–2005 under the RCP2.6 (left) and RCP8.5 (right) scenarios. Climate Risks Climate change is projected to undermine food security. Due to projected climate change by the mid-21st century and beyond, global marine species redistribution and marine biodiversity reduction in sensitive regions will challenge the sustained provision of fisheries productivity and other ecosystem services. For wheat, rice and maize in tropical and temperate regions, climate change without adaptation is projected to negatively impact production for local temperature increases of 2°C or more above late 20th century levels, although individual locations may benefit. Global temperature increases of ~4°C or more above late 20th century levels, combined with increasing food demand, would pose large risks to food security globally. Climate change is projected to reduce renewable surface water and groundwater resources in most dry subtropical region, intensifying competition for water among sectors. Until mid-century, projected climate change will impact human health mainly by exacerbating health problems that already exist. Throughout the 21st century, climate change is expected to lead to increases in ill-health in many regions and especially in DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix III.- Climate Change Science ( Page III.4 ) Clearwater Greenprint 2.0 developing countries with low income, as compared to a baseline without climate change. Health impacts include greater likelihood of injury and death due to more intense heat waves and fires, increased risks from foodborne and waterborne diseases and loss of work capacity and reduced labor productivity in vulnerable populations. Risks of undernutrition in poor regions will increase. Risks from vector-borne diseases are projected to generally increase with warming, due to the extension of the infection area and season, despite reductions in some areas that become too hot for disease vectors. In urban areas climate change is projected to increase risks for people, assets, economies and ecosystems, including risks from heat stress, storms and extreme precipitation, inland and coastal flooding, landslides, air pollution, drought, water scarcity, sea level rise and storm surges. These risks are amplified for those lacking essential infrastructure and services or living in exposed areas. Rural areas are expected to experience major impacts on water availability and supply, food security, infrastructure and agricultural incomes, including shifts in the production areas of food and non-food crops around the world. Climate change is projected to increase displacement of people. Populations that lack the resources for planned migration experience higher exposure to extreme weather events, particularly in developing countries with low income. Climate change can indirectly increase risks of violent conflicts by amplifying well-documented drivers of these conflicts such as poverty and economic shocks.v Regional and Local Impacts Because the impacts of climate change vary geographically. The Tampa Bay region is frequently ranked as an area with the most vulnerability to climate change risks. These risks include increased intensity of extreme weather events, heat, precipitation, sea level, and vector-borne diseases. Numbers in ovals (Figure 3) indicate regional totals of climate change publications from 2001 to 2010, based on the Scopus bibliographic database for publications in English with individual countries mentioned in title, abstract or key words (as of July 2011). These numbers provide an overall measure of the available scientific literature on climate change across regions; they do not indicate the number of publications supporting attribution of climate change impacts in each region. Studies for polar regions and small islands are grouped with neighboring continental regions.vi DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix III.- Climate Change Science ( Page III.5 ) Clearwater Greenprint 2.0 Figure 3 Climate impacts around the world. Symbols indicate categories of attributed impacts, the relative contribution of climate change (major or minor) to the observed impact and confidence in attribution. Greenhouse Gas Emissions Must be Reduced Limiting risks across Reasons For Concern (a) would imply a limit for cumulative emissions of CO2 (b) which would constrain annual GHG emissions over the next few decades (c). Panel A reproduces the five Reasons For Concern. Panel b (Figure 4) links temperature changes to cumulative CO2 emissions (in GtCO2) from 1870. They are based on Coupled Model Intercomparison Project Phase 5 simulations (pink plume) and on a simple climate model (median climate response in 2100), for the baselines and five mitigation scenario categories (six ellipses). Panel c shows the relationship between the cumulative CO2 emissions (in GtCO2) of the scenario categories and their associated change in annual GHG emissions by 2050, expressed in percentage change (in percent GtCO2-eq per year) relative to 2010. The ellipses correspond to the same scenario categories as in Panel b, and are built with a similar method.vii DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix III.- Climate Change Science ( Page III.6 ) Clearwater Greenprint 2.0 The recent and massive buildup of greenhouse gases in our atmosphere is conceivably even more extraordinary than changes observed thus far regarding temperature, sea level, and snow cover in the Northern hemisphere in that current levels greatly exceed recorded precedent going back much further than the modern temperature record. Anthropogenic greenhouse gas emissions have increased since the pre-industrial era driven largely by economic and population growth. From 2000 to 2010 emissions were the highest in history. Historical emissions have driven atmospheric concentrations of carbon dioxide, methane and nitrous oxide to levels that are unprecedented in at least the last 800,000 years, leading to an uptake of energy by the climate system.viii Figure 4: The relationship between risks from climate change, temperature change, cumulative carbon dioxide (CO2) emissions and changes in annual greenhouse gas (GHG) emissions by 2050. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix III.- Climate Change Science ( Page III.7 ) Clearwater Greenprint 2.0 In response to the problem of climate change, many communities in the United States are taking responsibility for addressing emissions at the local level. Since many of the major sources of greenhouse gas emissions are directly or indirectly controlled through local policies, local governments have a strong role to play in reducing greenhouse gas emissions within their boundaries. Through proactive measures around land use patterns, transportation demand management, energy efficiency, green building, and waste diversion, local governments can dramatically reduce emissions in their communities. In addition, local governments are primarily responsible for the provision of emergency services and the mitigation of natural disaster impacts. While this Plan is designed to reduce overall emissions levels, as the effects of climate change become more common and severe, local government adaptation policies will be fundamental in preserving the welfare of residents and businesses. i. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp ii. IPCC, 2014: Summary for Policymakers. In: Climate Change 2014: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. iii. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp iv. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp v. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp vi. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp vii. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Appendix III.- Climate Change Science ( Page III.8 ) Clearwater Greenprint 2.0 viii. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 59 Exhibit R City Hall Preconstruction Fee Breakdown (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Preconstruction Services City of Clearwater - New City Hall 12/11/2023 I. SCHEMATICS (30%)9 weeks TITLE HOURS RATE COST Design Review Meetings, Interim Cost Exercises, Scheduling, Existing Conditions Reviews, Updated Economic Model Design Milestone Estimate and Reports, Constructability Reviews, policy and procedures, Market Analysis, Subcontractor Outreach. Develop and Gain Approval of Partial GMP No.1. Project Executive 17 $156.25 $2,679Operations Manager 103 $113.37 $11,660 Preconstruction Manager 34 $79.33 $2,720Sr. Project Manager 69 $77.31 $5,301 General Superintendent 9 $113.37 $972Home Office Secretary 26 $33.69 $866 Chief Estimator 24 $81.73 $1,962 Estimator 80 $61.06 $4,885LABOR BURDEN (see breakdown) @ 48.07% $14,923 SUBTOTAL $45,967 UNIT UNIT COST SCHEDULING 1 $125.00 $125- 1 master MILEAGE (12 trips, 30 mi., .557/mi.)360 $0.557 $201REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 1 $75.00 $75 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $500.00 $500POSTAGE & EXPRESS MAIL 1 $100.00 $100 SCHEMATICS TOTAL $47,268 Page 1 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Preconstruction Services City of Clearwater - New City Hall 12/11/2023 II. DESIGN DEVELOPMENT (60%)8 weeks 60% Documents TITLE HOURS RATE COST Design Review Meetings, Interim Cost Exercises, Scheduling, Existing Conditions Reviews, DD Design Milestone Estimate and Reports, Constructability Reviews, Value Engineering, Market Analysis, Subcontractor Outreach. Bidder Solicitation, Pre-Bid Conferences, Pre-Bid RFI's, Identify Bid Alternates in Bid Packages, Bidding and Addenda, Pre-Award Scope Review Meetings, Project Executive 16 $156.25 $2,500Operations Manager 80 $113.37 $9,069 Preconstruction Manager 32 $79.33 $2,538Sr. Project Manager 64 $77.31 $4,948 Assistant Project Manager 0 $47.40 $0 General Superintendent 16 $113.37 $1,814 BIM Manager 40 $57.69 $2,308 Home Office Secretary 24 $33.69 $809Chief Estimator 48 $81.73 $3,923 Estimator 240 $61.06 $14,654LABOR BURDEN (see breakdown) @ 48.07% $20,460 SUBTOTAL $63,022 UNIT UNIT COST POLICY & PROCEDURE MANUAL 0 $250.00 $0 SCHEDULING 1 $125.00 $125 - 1 master MILEAGE (20 trips, 30 mi., .557/mi.)600 $0.557 $334REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150PHONE CHARGES 0 $75.00 $0 OFFICE SUPPLIES 1 $150.00 $150DRAWING REPRODUCTIONS 1 $1,250.00 $1,250 Utility Locates / GPR / Exploratory (Allowance)1 $10,000.00 $10,000 DESIGN DEVELOPMENT TOTAL $75,031 Page 2 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Preconstruction Services City of Clearwater - New City Hall 12/11/2023 III. WORKING DRAWINGS (90%)5 weeks 90% Documents TITLE HOURS RATE COST Design Review Meetings, Scheduling, Existing Conditions Reviews, 90% CD Milestone Estimate Report, Constructability Reviews, Subcontractor Prequalification, Preliminary Bid Packages, Redi-Check, BIM Clash Review, Value Engineering, Market Analysis & Leadtime Confirmation. Project Executive 19 $130.00 $2,451 Operations Manager 47 $113.37 $5,344Preconstruction Manager 19 $79.33 $1,496 Sr. Project Manager 38 $77.31 $2,916 Assistant Project Manager 0 $47.40 $0 General Superintendent 9 $113.37 $1,069 Project Superintendent 24 $71.68 $1,720Home Office Secretary 14 $33.69 $477 BIM Manager 60 $57.69 $3,462Chief Estimator 16 $81.73 $1,308 Estimator 160 $61.06 $9,769LABOR BURDEN (see breakdown) @ 48.07% $14,427 SUBTOTAL $44,438 UNIT UNIT COST SCHEDULING 0 $125.00 $0 - 1 revision, 1 updatesMILEAGE (30 trips, 30 mi., .557/mi.)900 $0.557 $502 REVIEW REPORTS 0 $50.00 $0DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 2 $125.00 $250OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $4,500.00 $4,500 POSTAGE & EXPRESS MAIL 1 $200.00 $200 90% WORKING DRAWING TOTAL $50,190 Page 3 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Preconstruction Services City of Clearwater - New City Hall 12/11/2023 IV. 100% Documents / Final GMP 11 weeks Guaranteed Maximum Price TITLE HOURS RATE COST Bid Management, Design Review Meetings, Final Scopes and Bid Packages, Scheduling, BIM Model Review, Bidder Solicitation, Pre-Bid Conferences, Pre- Bid RFI's, Identify Bid Alternates in Bid Packages, Bidding and Addenda, Pre-Award Scope Review Meetings, Develop and Gain Approval of GMP No. 2 - Final Project Executive 23 $130.00 $2,971Operations Manager 114 $113.37 $12,956 Preconstruction Manager 60 $79.33 $4,760 Sr. Project Manager 160 $77.31 $12,369 Assistant Project Manager 160 $47.40 $7,585 General Superintendent 23 $113.37 $2,591Home Office Secretary 34 $33.69 $1,155 Project Superintendent 80 $71.68 $5,735BIM Manager 40 $57.69 $2,308 Chief Estimator 16 $81.73 $1,308Estimator 0 $61.06 $0 LABOR BURDEN (see breakdown) @ 48.07% $25,832 SUBTOTAL $79,569 UNIT UNIT COST SCHEDULING 0 $125.00 $0- 1 revision, 1 updates MILEAGE (48 trips, 30 mi., .557/mi.)1440 $0.557 $802REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 2 $150.00 $300PHONE CHARGES 2 $125.00 $250 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $5,000.00 $5,000 POSTAGE & EXPRESS MAIL 1 $800.00 $800 100% WORKING DRAWING TOTAL $86,871 SUMMARY SCHEMATICS $47,268 DESIGN DEVELOPMENT $75,031 90% WORKING DRAWINGS $50,190100% WORKING DRAWINGS $86,871 GRAND TOTAL $259,360 Allowances Utility Locates / GPR / Exploratory $10,000 Total of Allowance Items in Grand Total $10,000 Page 4 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 60 Exhibit S MSB Renovation Preconstruction Fee Breakdown (See attached.) ORLDOCS 20767792 20 57165.0001 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Preconstruction Services City of Clearwater - MSB Renovation 12/11/2023 I. SCHEMATICS (30%)4 weeks TITLE HOURS RATE COST Design Review Meetings, Interim Cost Exercises, Scheduling, Existing Conditions Reviews, Updated Economic Model Design Milestone Estimate and Reports, Constructability Reviews, policy and procedures, Market Analysis, Subcontractor Outreach. Develop and Gain Approval of Partial GMP No.1. Project Executive 4 $156.25 $692Operations Manager 18 $113.37 $2,008 Preconstruction Manager 18 $79.33 $1,405Sr. Project Manager (Covered in Base Job)$71.68 $0 General Superintendent 4 $113.37 $502Home Office Secretary 9 $33.69 $298 Chief Estimator 24 $81.73 $1,962 Estimator 80 $61.06 $4,885LABOR BURDEN (see breakdown) @ 48.07% $5,649 SUBTOTAL $17,401 UNIT UNIT COST SCHEDULING 1 $125.00 $125- 1 master MILEAGE (8 trips, 30 mi., .557/mi.)240 $0.557 $134REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 1 $75.00 $75 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $500.00 $500POSTAGE / EXPRESS MAIL 1 $100.00 $100 SCHEMATICS TOTAL $18,635 Page 1 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Preconstruction Services City of Clearwater - MSB Renovation 12/11/2023 II. DESIGN DEVELOPMENT (60%)5 weeks 60% Documents TITLE HOURS RATE COST Design Review Meetings, Interim Cost Exercises, Scheduling, Existing Conditions Reviews, DD Design Milestone Estimate and Reports, Constructability Reviews, Value Engineering, Market Analysis, Subcontractor Outreach. Bidder Solicitation, Pre-Bid Conferences, Pre-Bid RFI's, Identify Bid Alternates in Bid Packages, Bidding and Addenda, Pre-Award Scope Review Meetings, Project Executive 5 $156.25 $781Operations Manager 20 $113.37 $2,267 Preconstruction Manager 20 $79.33 $1,587Sr. Project Manager (Covered in Base Job)$71.68 $0 Assistant Project Manager 0 $47.40 $0 General Superintendent 5 $113.37 $567 BIM Manager 24 $57.69 $1,385 Home Office Secretary 10 $33.69 $337Chief Estimator 48 $81.73 $3,923 Estimator 160 $61.06 $9,769LABOR BURDEN (see breakdown) @ 48.07% $9,910 SUBTOTAL $30,526 UNIT UNIT COST POLICY & PROCEDURE MANUAL 0 $250.00 $0 SCHEDULING 1 $125.00 $125 - 1 master MILEAGE (10 trips, 30 mi., .557/mi.)300 $0.557 $167REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150PHONE CHARGES 0 $75.00 $0 OFFICE SUPPLIES 1 $150.00 $150DRAWING REPRODUCTION 1 $1,250.00 $1,250 DESIGN DEVELOPMENT TOTAL $32,368 Page 2 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Preconstruction Services City of Clearwater - MSB Renovation 12/11/2023 III. WORKING DRAWINGS (90%)6 weeks 90% Documents TITLE HOURS RATE COST Design Review Meetings, Scheduling, Existing Conditions Reviews, 90% CD Milestone Estimate Report, Constructability Reviews, Subcontractor Prequalification, Preliminary Bid Packages, Redi-Check, BIM Clash Review, Value Engineering, Market Analysis & Leadtime Confirmation. Project Executive 6 $130.00 $836 Operations Manager 26 $113.37 $2,915Preconstruction Manager 26 $79.33 $2,040 Sr. Project Manager (Covered in Base Job)$71.68 $0 Assistant Project Manager 0 $47.40 $0 General Superintendent 6 $113.37 $729 Project Superintendent ( Coverd in Base Job)$74.33 $0Home Office Secretary 19 $33.69 $650 BIM Manager 40 $57.69 $2,308Chief Estimator 16 $81.73 $1,308 Estimator 160 $61.06 $9,769LABOR BURDEN (see breakdown) @ 48.07% $9,880 SUBTOTAL $30,434 UNIT UNIT COST SCHEDULING 0 $125.00 $0 - 1 revision, 1 updatesMILEAGE (12 trips, 30 mi., .557/mi.)360 $0.557 $202 REVIEW REPORTS 0 $50.00 $0DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 2 $125.00 $250OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $2,500.00 $2,500 POSTAGE / EXPRESS MAIL 1 $200.00 $200 90% WORKING DRAWING TOTAL $33,886 Page 3 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Preconstruction Services City of Clearwater - MSB Renovation 12/11/2023 IV. 100% Documents / Final GMP 10 weeks Guaranteed Maximum Price TITLE HOURS RATE COST Bid Management, Design Review Meetings, Final Scopes and Bid Packages, Scheduling, BIM Model Review, Bidder Solicitation, Pre-Bid Conferences, Pre- Bid RFI's, Identify Bid Alternates in Bid Packages, Bidding and Addenda, Pre-Award Scope Review Meetings, Develop and Gain Approval of GMP No. 2 - Final Project Executive 10 $130.00 $1,337Operations Manager 41 $113.37 $4,664 Preconstruction Manager 41 $79.33 $3,264 Sr. Project Manager (Covered in Base Job)$71.68 $0 Assistant Project Manager (Covered in Base Job)$47.40 $0 General Superintendent 10 $113.37 $1,166Home Office Secretary 21 $33.69 $693 Project Superintendent ( Coverd in Base Job)$74.33 $0BIM Manager 40 $57.69 $2,308 Chief Estimator 16 $81.73 $1,308Estimator 0 $61.06 $0 LABOR BURDEN (see breakdown) @ 48.07% $7,085 SUBTOTAL $21,825 UNIT UNIT COST SCHEDULING 0 $125.00 $0- 1 revision, 1 updates MILEAGE (10 trips, 30 mi., .557/mi.)300 $0.557 $167REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150PHONE CHARGES 1 $125.00 $125 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $2,500.00 $2,500 POSTAGE & EXPRESS MAIL 1 $800.00 $800 100% WORKING DRAWING TOTAL $25,717 SUMMARY SCHEMATICS $18,635 DESIGN DEVELOPMENT $32,368 90% WORKING DRAWINGS $33,886100% WORKING DRAWINGS $25,717 GRAND TOTAL $110,605 Page 4 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Certificate Of Completion Envelope Id: 3F83C99F5800443A80BA65801049E6BD Status: Sent Subject: Complete with DocuSign: A133-2019 - City of Clearwater (City Hall) Source Envelope: Document Pages: 315 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 Sabrina Lomastro AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 200 S. Biscayne Blvd., Suite 4100 Miami, FL 33131 SLomastro@shutts.com IP Address: 96.65.143.185 Record Tracking Status: Original 12/12/2023 1:48:01 PM Holder: Sabrina Lomastro SLomastro@shutts.com Location: DocuSign Signer Events Signature Timestamp William P. Byrne bill.byrne@ajaxbuilding.com Chief Executive Officer Ajax Building Company, LLC Security Level: Email, Account Authentication (None) Sent: 12/13/2023 8:18:40 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp David Margolis david.margolis@myclearwater.com Security Level: Email, Account Authentication (None) Sent: 12/13/2023 8:18:40 AM Viewed: 12/13/2023 8:34:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Erik Hanson ehanson@shutts.com Security Level: Email, Account Authentication (None) Sent: 12/13/2023 8:18:40 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/13/2023 8:18:40 AM Payment Events Status Timestamps Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#23-1562 Agenda Date: 12/19/2023 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: City Council Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Discuss public use of The Landings - Councilmember Beckman SUMMARY: Page 1 City of Clearwater Printed on 12/14/2023