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02/20/2025Thursday, February 20, 2025 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 February 20, 2025City 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. 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 February Service Awards 4.2 Newspaper in Education Week 2025 Proclamation - Sue Bedry, Newspaper in Education Development Officer - Tampa Bay Times 4.3 Youth Art Month 2025 Proclamation - Betsy Walch, Beth Daniels, Maria Cantonis - The Clearwater Arts Alliance 4.4 North Beach Update 5. Approval of Minutes Page 2 City of Clearwater Printed on 2/14/2025 February 20, 2025City Council Meeting Agenda 5.1 Approve the minutes of the February 6, 2025 City Council Meeting as submitted in written summation by the City Clerk. Public Hearings - Not before 6:00 PM 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 a Development Agreement between AP Beach Properties, LLC and the City of Clearwater for property located at 405 Coronado Drive, adopt Resolution 25-01, and authorize the appropriate officials to execute same. (HDA2024-09001) 6.2 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 2, 2025 through May 3, 2025, with the City contributing an amount not to exceed $108,171.00 and authorize the appropriate officials to execute same. 6.3 Award purchase orders to Harrell's, LLC, Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group, Howard Fertilizer and Chemical LLC, MAR Green Resources LLC and SiteOne Landscape Supply for citywide Herbicide, Pesticide and Assorted Related Products in the cumulative amount of $175,000 for initial term of March 1, 2025 through September 30, 2025, with two, one-year renewal options at $300,000.00 annually pursuant to Invitation to Bid 55-24 and authorize the appropriate officials to execute same. (consent) 6.4 Approve the Joint Participation Agreement (JPA) G3901 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), for the construction of a rotating beacon at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 25-05. Page 3 City of Clearwater Printed on 2/14/2025 February 20, 2025City Council Meeting Agenda 6.5 Authorize a purchase order to Environmental Systems Research Institute, Inc. (ESRI) of Redlands, CA for the renewal of the City’s mapping and land management software licensing and maintenance in the amount of $285,900.00 for the term beginning February 26, 2025 through February 25, 2028, pursuant to City Code 2.563 (1)(d), Non-competitive purchases (Impractical), and authorize the appropriate officials to execute same. 6.6 Authorize an increase to purchase orders to Florida Graphic Services, Inc of Clearwater, FL (Primary) and AMI Graphics, Inc of Strafford, NH and Outdoor America Images LLC dba OAI+Rainer (OAI) of Tampa, FL (Secondary) for Citywide Signs, Banners and Misc Other Items in the cumulative amount of $175,000.00 bringing the contract total to $200,000.00 annually for the initial term with two, one-year renewal options pursuant to RFP 58-24 and authorize the appropriate officials to execute same. 6.7 Approve the renewal of a Sovereignty Submerged Lands lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the police station boat dock on Clearwater’s South Beach and authorize the appropriate officials to execute same. 6.8 Approve Guaranteed Maximum Price (GMP) 2, Amendment 4 to the Agreement with Ajax Building Company, LLC, of Midway, FL, for construction of Municipal Service Building (MSB) Renovations (23-0035-EN), in the amount of $3,193,901.00, increasing the purchase order from $5,822,660.00 to a not to exceed total of $9,016,561.00, pursuant to Request for Qualifications 59-23 and authorize the appropriate officials to execute same. 6.9 Amend Clearwater Code of Ordinances by creating Section 2.429 to permit firefighters to purchase prior firefighter and military service and pass Ordinance 9818-25 on first reading. 6.10 Request authority to appeal an amended final judgment against the City in the case of Giannikos v. City of Clearwater (Case No. 22-424-CI). 6.11 Authorize the filing of a civil lawsuit against Stantec, Inc., Skanska USA, and their affiliated entities 7. City Manager Reports 8. City Attorney Reports 9. Closing comments by Councilmembers (limited to 3 minutes) 10. Closing Comments by Mayor 11. Adjourn Page 4 City of Clearwater Printed on 2/14/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1610 Agenda Date: 2/20/2025 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: February Service Awards SUMMARY: 5 Years of Service: Konrad McCree Police Steve Heppler Public Utilities Tara Deegan Human Resources Hannah Hodges Police Christopher Barber Utility Customer Service Jourdon Rich Parks & Recreation Kenneth Kinnear Parks & Recreation Mitchell Johnson Parks & Recreation Philip Kirkpatrick Economic Development & Housing Peter Smutko Gas 10 Years of Service: Kristen Parete City Attorney’s Office Kyle Harter Public Utilities Linda Rothstein Library Jonathan Hurt Police 15 Years of Service: Charles Graves Marine & Aviation Jeremy Kotter Solid Waste Julie Villarreal Police Annejolina Darsey Schauder Marine & Aviation 20 Years of Service: Daniel Taban Parks & Recreation Karen Vaughan City Clerk’s Office Jariel Candelario Solid Waste 30 Years of Service: Joseph Fazio Solid Waste Page 1 City of Clearwater Printed on 2/14/2025 File Number: ID#24-1610 Jeffrey DiVincent Police Timothy Henson Solid Waste Nichole Loux Police Azzilene Byrd Solid Waste STRATEGIC PRIORITY: The city of Clearwater celebrates its employees and the Superior Public Service they provide to our citizens. The city strives to attract and retain top-quality personnel through the maintenance of a competitive compensation program. The service awards are a testament to the city and our high performing government. Page 2 City of Clearwater Printed on 2/14/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0076 Agenda Date: 2/20/2025 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: 4.2 SUBJECT/RECOMMENDATION: Newspaper in Education Week 2025 Proclamation - Sue Bedry, Newspaper in Education Development Officer - Tampa Bay Times Page 1 City of Clearwater Printed on 2/14/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0096 Agenda Date: 2/20/2025 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: 4.3 SUBJECT/RECOMMENDATION: Youth Art Month 2025 Proclamation - Betsy Walch, Beth Daniels, Maria Cantonis - The Clearwater Arts Alliance Page 1 City of Clearwater Printed on 2/14/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1589 Agenda Date: 2/20/2025 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: 4.4 SUBJECT/RECOMMENDATION: North Beach Update Page 1 City of Clearwater Printed on 2/14/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0075 Agenda Date: 2/20/2025 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the February 6, 2025 City Council Meeting as submitted in written summation by the City Clerk. Page 1 City of Clearwater Printed on 2/14/2025 City Council Meeting Minutes February 6, 2025 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, February 6, 2025 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes February 6, 2025 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Bruce Rector, Vice Mayor David Allbritton, Councilmember Ryan Cotton, Councilmember Michael Mannino and Councilmember Lina Teixeira Also Present: Jennifer Poirrier – 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 Rector The meeting was called to order at 6:00 p.m. 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.) – Given. 4.1 Black History Month Proclamation, February 2025 - Clearwater Diversity Leadership Council 4.2 North Beach Update - Public Works Director Marcus Williamson 5. Approval of Minutes 5.1 Approve the minutes of the January 16, 2025 city council meeting as submitted in written summation by the City Clerk. Councilmember Cotton moved to approve the minutes of the January 16, 2025 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 6.2. 6.1 Authorize a purchase order to Rep Services, Inc., of Longwood, Florida for the purchase Draft City Council Meeting Minutes February 6, 2025 Page 3 City of Clearwater and installation of playground equipment at Forest Run Park located at 3450 Landmark Drive and Soule Road Park located at 2191 Soule Rd in the total amount of $806,393.48, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), piggyback, and 2.563(1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) 6.2 Approve an Interlocal Maintenance Agreement between Pinellas County and the City of Clearwater for the purpose of installing, operating and maintaining Automatic License Plate Readers (ALPRs) within the county right-of-way and authorize the appropriate officials to execute same. (consent) See below. 6.3 Ratify and Confirm the Recipient/Subrecipient Agreement, Sport Fish Restoration, between the City of Clearwater and the Florida Fish and Wildlife Conservation Commission (FWC), Reconstruct Transient and Fuel Dock, including 265 linear feet of side tie, authorize the appropriate officials to execute same. (consent) 6.4 Authorize an increase on purchase order to Odyssey Manufacturing Company of Tampa, FL, for Liquid Sodium Hypochlorite, in the amount of $300,000.00 for year three, increasing the annual not-to-exceed amount from $1,200,000.00 to $1,500,000.00 pursuant to ITB 04-23, and authorize the appropriate officials to execute same. (consent) 6.5 Ratify and confirm a purchase of $73,937.40 and authorize an increase on the future purchase orders to Odyssey Manufacturing Company of Tampa, FL, for Sodium Hydroxide and Sodium Bisulfite, in the amount of $270,000.00, increasing the annual not-to-exceed amount from $440,000.00 to $710,000.00 for the final term of the contract ending on March 20, 2025, and authorize the appropriate officials to execute same. (consent) Councilmember Teixeira moved to approve the Consent Agenda as listed, less Item 6.2, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.2 Approve an Interlocal Maintenance Agreement between Pinellas County and the City of Clearwater for the purpose of installing, operating and maintaining Automatic License Plate Readers (ALPRs) within the county right-of-way and authorize the appropriate officials to execute same. (consent) In January 2022, Pinellas County and the City of Clearwater entered into a cooperative agreement to allow the City to place ALPRs within the right-of-way, including some at locations on County Roads. These ALPRs are strategically Draft City Council Meeting Minutes February 6, 2025 Page 4 City of Clearwater deployed throughout the city and work in concert with the agency’s Real-Time Operations Center (ROC) to provide our personnel with additional investigative avenues for solving crime, keeping our citizens and visitors safe, and preventing victimization. Additionally, these ALPRs are used to locate and recover missing persons, recover stolen vehicles and firearms, and locate wanted subjects. This agreement allows the city to install, operate and maintain future ALPRs within the county right-of-way. The county administrator requests that the City agree to the terms and conditions outlined in this agreement. Additionally, the county administrator requests that the City shall indemnify and cause any third-party contractor to indemnify and hold harmless its employees for the construction, installation, placement or maintenance of Systems by or on behalf of the City pursuant to the Agreement. Nothing in this agreement, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this Interlocal Maintenance Agreement. STRATEGIC PRIORITY: 1.4 Foster safe and healthy communities in Clearwater through first-class public safety and emergency response services. One individual spoke in opposition. It was stated that the license plate readers have already been used to solve serious crimes and are critical to public safety. Vice Mayor Allbritton moved to approve an Interlocal Maintenance Agreement between Pinellas County and the City of Clearwater for the purpose of installing, operating and maintaining Automatic License Plate Readers (ALPRs) within the county right-of-way 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 Approve of the City of Clearwater’s Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER). (APH) Draft City Council Meeting Minutes February 6, 2025 Page 5 City of Clearwater [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 Partnerships (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). In Fiscal Year (FY) 2023-2024, the City had $9,205,465 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. This was the expected amount available referenced in the FY 2023-2024 Action Plan. The actual funding amount included $913,337 in new CDBG entitlement funding and $532,649 in new HOME entitlement funding through the CDBG and HOME programs. The City had $1,138,092 in prior year resources and $1,274,537 in program income for CDBG. The City had $2,477,254 in prior year resources and $2,869,596 in program income for HOME. The City also has three revolving loan funds totaling $1,221,637. Through the CDBG and HOME program activities, total expenditures were $3,999,603 in FY 2023-2024. 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 2023-2024, SHIP fund expenditures totaled $3,383,561 and PCHTF fund expenditures totaled $175,481. 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 2023-2024 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 - Public Housing - Other Actions to Address Barriers to Affordable Housing - Monitoring - CDBG - HOME Draft City Council Meeting Minutes February 6, 2025 Page 6 City of Clearwater A list of notable accomplishments utilizing federal, state, and local funds for FY 2023-2024 include: - Provided 18 down payment and closing cost assistance loans/grants totaling $447,850. - Assisted 3,225 homeless persons with public facility or infrastructure activities, 124 homeless persons with public service activities, and 698 homeless persons with overnight shelter. - The City assisted 6,265 special needs persons with public facility or infrastructure activities, and 114 special needs persons with public service activities. - City provided $1,093,360 for six single-family home projects built by Habitat for Humanity and Clearwater Neighborhood Housing Services: $826,416.80 in SHIP funds for homes at 1160 LaSalle Street, 1414 Monroe Avenue, 1420 Monroe Avenue, 1130 LaSalle Street, 1132 LaSalle Street, and 406 Vine Avenue. In addition, the City provided $505,964 in HOME and HOME CHDO funds for homes at 1537 Palmetto Street and 1541 Palmetto Street. General Funds in the amount of $889,953.95 were allocated for homes located at 1205 Roosevelt Avenue, 922 Eldridge Avenue and 1002 Jones Street. - Provided $616,500 in SHIP funds to help 10 low-income families purchase homes in Clearwater and utilized $103,653.27 in SHIP funds to assist 3 low-income Clearwater homeowners with housing rehabilitation needs. - Using General Funds, converted from American Rescue Plan Act Local Fiscal Recovery Funds allocated to affordable housing, the city rehabilitated 2 owner-occupied homes at a cost of $58,474.45 and rehabilitated a 179 rental unit project at a cost of $500,000 using ARPA and PCHTF; the city also provided funds for 7 downpayment loans totaling $315,000; and 1 grant for down payment assistance totaling $15,000. - Expended special CDBG-CV funds in the amount of $1,199,784.70 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), St. Vincent de Paul CARES (COVID-19 emergency non-congregate shelter), R’Club Child Care, Inc. (COVID-19 air quality improvements), and St. Vincent de Paul UPC (COVID-19 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. Draft City Council Meeting Minutes February 6, 2025 Page 7 City of Clearwater - Provided $161,800 for technical assistance services to Hispanic Business Initiative Fund of Florida, Inc. dba Prospera and WeeCare, Inc. dba Upwards that assisted 42 entrepreneurs and businesses. - Provided $26,875 to two organizations to deliver homeownership education and counseling to assist 152 Clearwater residents: Clearwater Neighborhood Housing Services and Tampa Bay Community Development Corporation. - While the City does not provide legal services, the City provided $22,833 in CDBG funds to Gulfcoast Legal Services, Inc. (GLS) to provide civil legal aid related to housing related matters to 12 residents. On January 28, 2025, the Neighborhood and Affordable Housing Advisory Board recommended City Council approval of the CAPER as written. The CAPER is typically due to HUD by December 31 each year. However, due to the impact of Hurricane Milton and Hurricane Helene and to accommodate the City of Clearwater council meeting scheduled for February 6, 2025, HUD has granted an extension, moving the deadline to February 28, 2025 STRATEGIC PRIORITY: 2.4 Support equitable housing programs that promote household stability and reduce the incidence of homelessness within Clearwater. Councilmember Mannino moved to approve of the City of Clearwater’s Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 7.2 Provide direction on the proposed Development Agreement between AP Beach Properties, LLC (the property owner) and the City of Clearwater for property located at 405 Coronado Drive, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design; and confirm a second public hearing in City Council Chambers before City Council on February 20, 2025 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2024-09001) Site Location and Existing Conditions: The subject property is a 1.759-acre parcel operating as a surface parking lot with frontage along Coronado and Hamden Drives (420 feet and 370 feet, respectively) and Fifth Street (220 feet). It is located within the Tourist (T) District and the Small Motel District of Beach by Design with an underlying future land use designation of Resort Facilities High (RFH). The surrounding area is characterized by a mix of uses including overnight Draft City Council Meeting Minutes February 6, 2025 Page 8 City of Clearwater accommodations (hotels), retail, outdoor recreation and entertainment, restaurant and attached dwellings with heights ranging from one to 15 stories. There are one- to two- story hotels adjacent to the site and a five-story attached dwelling located at the northeast corner of Bayside Drive and Hamden Drive. The City’s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with tropical landscaping with clear views to Clearwater Beach and the water beyond. Coronado Drive has largely been improved according to Beach by Design. Site History: A portion of the property (originally five parcels on the northern end) was previously subject to a Development Agreement approved by the City Council on October 2, 2014. An amended agreement was subsequently approved on February 4, 2022, that incorporated additional land (three parcels to the south) into the site design (HDA2013-08006/HDA2013-08006A). The original Development Agreement recently expired, and the applicant is proposing a new Development Agreement and conceptual design and is requesting 100 units from the Hotel Density Reserve. The development proposal is described in detail later in this memo. The overall size of the proposed development site has not changed; the eight parcels referenced above have been consolidated into the single subject parcel. However, the various properties comprising the site have different histories which are provided below. North portion of the site (previously 401/405/415/419 Coronado Drive and 406 Hamden Drive): • On April 19, 2011, the Community Development Board (CDB) approved a Level Two Flexible Development application (FLD2011-02005) for a surface parking lot which has been constructed. • On September 18, 2014, the City Council approved the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design (HDA2013-08006) and adopted a resolution to the same effect (Resolution No. 14-25). The owners proposed to develop the site with a 166-unit overnight accommodation use with associated accessory/amenity uses including commercial space, restaurant, meeting rooms, and an exercise room. This Development Agreement, as amended on February 4, 2022 (HDA2013-08006A), expired on October 8, 2024. • On July 21, 2015, the CDB approved a Level Two Flexible Development application (FLD2015-05016) for a 166-room overnight accommodation use in the Tourist (T) District. The CDB approved an amendment on May 17, 2022 (FLD2015-05016A), subsequent to the modifications to the Development Agreement referenced above. A series of extension requests have been approved extending the validity of the issued Development Order until March 14, 2027. Draft City Council Meeting Minutes February 6, 2025 Page 9 City of Clearwater South portion of the site (previously 410/420 Hamden Drive): • On December 28, 2018, the Community Development Coordinator approved a Level One Flexible Standard Development application (FLS2018-05024) for a surface parking lot for property including 410/420 Hamden Drive. The approval expired one year later. • On November 17, 2020, the CDB approved a Level Two Transfer of Development Rights (TDR2020-07002) which transferred four hotel units from 410 Hamden Drive (Parcel ID 08-29-15-17622-000-0100) and seven hotel units from one of the two parcels comprising 420 Hamden Drive (Parcel ID 08-29-15-17622-000-0080), all to property located at 400/405/408/409/411 East Shore Drive. • On October 19, 2021, the CDB approved a Level Two Transfer of Development Rights (TDR2021-08004) which transferred the remaining two dwelling units from 410/420 Hamden Drive (Parcel IDs 08-29-15- 17622-000-0100, 08-29-15-17622-000-0090 and 08-29-15-17622-000- 0080) to property located at 619/629/631/635 Mandalay Avenue. • The two approved TDR applications removed all development potential from these three additional parcels. Development Proposal: The proposal is to remove all the existing site improvements on the 1.759-acre site and to construct a hotel with 135 overnight accommodation units as well as retail and restaurant spaces. The northern portion of the property that has remaining development potential is 1.32 acres, and as previously discussed, the 0.439-acre southern portion does not have remaining development potential. The underlying Resort Facilities High (RFH) future land use designation allows for 50 overnight accommodations units per acre or 1.2 FAR for nonresidential uses. The proposal of 20,000 square feet of retail area and 6,825 square feet of restaurant area requires 0.613 acres of land, leaving 0.707 acres of land with development potential that can be used for overnight accommodations units. To achieve the proposed number of units, the project utilizes the 35 units possible from this remaining acreage, in addition to the requested 100-unit allocation from the Hotel Density Reserve (Reserve) through Beach by Design. With the incorporation of the retail and restaurant area, and the reduction of the number of hotel units from 166 as approved in 2014 (HDA2013-08006) to 135 rooms, the subject site’s density (hotel units per acre) will decrease from 94.32 hotel units per acre to 77 units per acre. The reduction of the number of hotel units will enable the provision additional services to the hotel guests. The building will continue to be 100 feet in height as measured from the established design flood elevation to flat roof. The proposal continues to include a tropical modern architecture, which is consistent with and complements the tropical Draft City Council Meeting Minutes February 6, 2025 Page 10 City of Clearwater vernacular envisioned in Beach by Design. The request includes a conceptual site plan and accompanying building elevations (Exhibit B). The site will be accessed via a two-way driveway from Hamden Drive at the southeast corner of the property which will provide access to the parking garage component of the development. A one-way ingress is provided centrally along the north side of the site along Fifth Street which also provides access to the parking garage as well as an underbuilding drop off area. The egress for the drop off area is also located along Fifth Street. A one-way egress from the parking garage is provided at the northeast side along Hamden Drive. The primary pedestrian entrance is located at the northwest corner of the site. The northwest corner of the building on the ground floor contains a lobby, retail area and restaurant. The first five floors of the building will contain a parking garage as well as miscellaneous back-of-house components such as maintenance rooms and laundry facilities. The sixth floor will include a pool and pool deck and other amenities such as private balconies, exercise areas and related activities such as yoga. The seventh and eighth floors will be dedicated almost entirely to hotel rooms and the nineth floor with include rooms, outdoor amenities as well as an indoor/ outdoor bar and lounge. Proposal’s Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an overnight accommodations use is 20,000 square feet and between 100 and 150 feet in lot width, respectively. The subject property is 76,622 square feet in area and approximately 420 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet along the Fifth Street and Hamden Drive (north and east) frontages, and 10 feet along all remaining property lines of the site including the frontage along Coronado Drive. The proposed setbacks may be approved as part of a Level One (FLS) application, subject to meeting the applicable flexibility criteria of the Community Development Code; however, other elements such as height may require the project to be a Level Two (FLD) application. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 100 feet in height as measured from the design flood elevation where a height of up to 100 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria of the CDC and approved as part of a Level Two Flexible Development application) and as limited by any applicable Beach by Design requirements. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: Draft City Council Meeting Minutes February 6, 2025 Page 11 City of Clearwater The 135-room overnight accommodations use requires a minimum of 162 off-street parking spaces. A parking garage located on the first five levels of the building will provide 400 spaces, including 50 which are available for public use. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Proposal’s Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. However, a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. It is important to note that the south portion of the site has had all development potential transferred to other properties within the Beach by Design planning area. Beach by Design Section V.B.2 provides that “Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31, 2007, are not eligible to have rooms allocated from the Reserve.” Staff believes that the intent of this provision is to prevent a property owner from selling off development potential and then requesting units from the Reserve thereby profiting from the Reserve. This portion of the site was not in common ownership at the time the 100 units were allocated to the original proposal, and the inclusion of the parcels will result in the overall site density (units per acre) decreasing; therefore, the project does not utilize these lots for development potential at all. The primary purpose of adding these parcels is to provide the opportunity to provide a more efficient parking garage layout which will allow for the provision of all required parking spaces as well as a minimum of 50 spaces for use by the public. In short, the proposal provides for a scenario that Staff believes was not considered at the Draft City Council Meeting Minutes February 6, 2025 Page 12 City of Clearwater time that Beach by Design was written. Staff believes that the proposal meets the intent of Beach by Design and approval of the request. Standards for Development Agreements: CDC Section 4-606 sets forth the procedures and criteria for reviewing development agreements. Specifically, development agreements shall be consistent with Clearwater 2045, the city’s Comprehensive Plan. The proposal furthers the goals, objectives and policies of the Comprehensive Plan as provided below. Goal QP 3: Support the on-going transformation of the Downtown and Clearwater Beach Activity Centers as high intensity, walkable, and attractive regional centers for living, working, shopping, and entertainment. Objective QP 3.3: Continue to use Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (Beach by Design) to guide development, redevelopment, and placemaking on Clearwater Beach. Policy QP 3.3.4: Continue to utilize the Hotel Density Reserve allocation as established in Beach by Design to facilitate hotel development on Clearwater Beach. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2013- 08006/Resolution No. 14-25 and HDA2013-08006A/ Resolution No. 22- 01); • Includes conceptual site plans, architectural drawings, elevations and perspectives in Exhibit B that appear to be generally consistent with the applicable Design Guidelines established in Beach by Design; • Requires the developer to obtain site plan approval within one year of approval, commence vertical construction within four years from the date of site plan approval, and obtain a certificate of occupancy within six years from the date of site plan approval; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • Prohibits the conversion of any hotel unit allocated from the Hotel Draft City Council Meeting Minutes February 6, 2025 Page 13 City of Clearwater Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodations usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of the CDC, Section 4-406. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Summary and Recommendation: The proposal appears to be generally consistent with applicable components of the Community Development Code and Beach by Design and the city’s Comprehensive Plan. Staff is supportive of the request. In response to a question, Interim Planning and Development Director Lauren Matzke said per city code, tonight's meeting is the first scheduled public hearing. Several years ago, the Council amended the code to require development agreements with an allocation from the density be heard by the city council at two public hearings. The City Clerk said the agenda item is seeking Council provide staff direction regarding the agreement and to confirm the hearing on the February 20, 2025 via a vote. Planning Division Manager Ted Kozak said Beach by Design and the reserve envision up to a 1.0 floor area ratio; the Applicant is slightly under that threshold. Applicant representative Brian Aungst provided a PowerPoint presentation and reviewed the request. One individual spoke in opposition. One individual submitted an email in opposition (see page 15). The City Attorney said staff fully supports the new agreement. When it was first created, the hotel density reserve was a large pool. He said the Draft City Council Meeting Minutes February 6, 2025 Page 14 City of Clearwater City has reached a point in the development cycle where the units have been allocated to certain properties or have been constructed. The available density reserve units in the pool have become a valuable commodity. He said the revised agreement includes timelines, which were not clearly outlined in the original agreement. Discussion ensued with support expressed for including the construction milestones and consequences if milestones are not achieved. Councilmember Cotton moved to confirm a second public hearing in City Council Chambers before City Council on February 20, 2025 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. 8. City Manager Reports – None. 9. City Attorney Reports – None. 10. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Cotton reviewed upcoming events. Councilmember Teixeira wished all a good evening. Vice Mayor Allbritton reviewed recent events and said he was excited to hear that PSTA is looking into temporary floating docks for Dunedin to get the Clearwater Ferry stops going again. 11. Closing Comments by Mayor The Mayor reviewed recent and upcoming events. 12. Adjourn The meeting adjourned at 6:55 p.m. Mayor City of Clearwater Attest City Clerk Draft Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 25-01c Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a Development Agreement between AP Beach Properties, LLC and the City of Clearwater for property located at 405 Coronado Drive, adopt Resolution 25-01, and authorize the appropriate officials to execute same. (HDA2024-09001) SUMMARY: Site Location and Existing Conditions: The subject property is a 1.759-acre parcel operating as a surface parking lot with frontage along Coronado and Hamden Drives (420 feet and 370 feet, respectively) and Fifth Street (220 feet). It is located within the Tourist (T) District and the Small Motel District of Beach by Design with an underlying future land use designation of Resort Facilities High (RFH). The surrounding area is characterized by a mix of uses including overnight accommodations (hotels), retail, outdoor recreation and entertainment, restaurant and attached dwellings with heights ranging from one to 15 stories. There are one- to two- story hotels adjacent to the site and a five-story attached dwelling located at the northeast corner of Bayside Drive and Hamden Drive. The City’s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with tropical landscaping with clear views to Clearwater Beach and the water beyond. Coronado Drive has largely been improved according to Beach by Design. Site History: A portion of the property (originally five parcels on the northern end) was previously subject to a Development Agreement approved by the City Council on October 2, 2014. An amended agreement was subsequently approved on February 4, 2022, that incorporated additional land (three parcels to the south) into the site design (HDA2013-08006/HDA2013-08006A). The original Development Agreement recently expired, and the applicant is proposing a new Development Agreement and conceptual design and is requesting 100 units from the Hotel Density Reserve. The development proposal is described in detail later in this memo. The overall size of the proposed development site has not changed; the eight parcels referenced above have been consolidated into the single subject parcel. However, the various properties comprising the site have different histories which are provided below. North portion of the site (previously 401/405/415/419 Coronado Drive and 406 Hamden Drive): ·On April 19, 2011, the Community Development Board (CDB) approved a Level Two Flexible Development application (FLD2011-02005) for a surface parking lot which has been constructed. ·On September 18, 2014, the City Council approved the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design (HDA2013-08006) and adopted Page 1 City of Clearwater Printed on 2/14/2025 File Number: 25-01c a resolution to the same effect (Resolution No. 14-25). The owners proposed to develop the site with a 166-unit overnight accommodation use with associated accessory/amenity uses including commercial space, restaurant, meeting rooms, and an exercise room. This Development Agreement, as amended on February 4, 2022 (HDA2013-08006A), expired on October 8, 2024. ·On July 21, 2015, the CDB approved a Level Two Flexible Development application (FLD2015-05016) for a 166-room overnight accommodation use in the Tourist (T) District. The CDB approved an amendment on May 17, 2022 (FLD2015-05016A), subsequent to the modifications to the Development Agreement referenced above. A series of extension requests have been approved extending the validity of the issued Development Order until March 14, 2027. South portion of the site (previously 410/420 Hamden Drive): ·On December 28, 2018, the Community Development Coordinator approved a Level One Flexible Standard Development application (FLS2018-05024) for a surface parking lot for property including 410/420 Hamden Drive. The approval expired one year later. ·On November 17, 2020, the CDB approved a Level Two Transfer of Development Rights (TDR2020-07002) which transferred four hotel units from 410 Hamden Drive (Parcel ID 08-29-15-17622-000-0100) and seven hotel units from one of the two parcels comprising 420 Hamden Drive (Parcel ID 08-29-15-17622-000-0080), all to property located at 400/405/408/409/411 East Shore Drive. ·On October 19, 2021, the CDB approved a Level Two Transfer of Development Rights (TDR2021-08004) which transferred the remaining two dwelling units from 410/420 Hamden Drive (Parcel IDs 08-29-15-17622-000-0100, 08-29-15-17622-000-0090 and 08-29-15-17622-000-0080) to property located at 619/629/631/635 Mandalay Avenue. ·The two approved TDR applications removed all development potential from these three additional parcels. Development Proposal: No changes have been made to the Development Proposal presented at the February 6, 2025 council meeting. The proposal is to remove all the existing site improvements on the 1.759-acre site and to construct a hotel with 135 overnight accommodation units as well as retail and restaurant spaces. The northern portion of the property that has remaining development potential is 1.32 acres, and as previously discussed, the 0.439-acre southern portion does not have remaining development potential. The underlying Resort Facilities High (RFH) future land use designation allows for 50 overnight accommodations units per acre or 1.2 FAR for nonresidential uses. The proposal of 20,000 square feet of retail area and 6,825 square feet of restaurant area requires 0.613 acres of land, leaving 0.707 acres of land with development potential that can be used for overnight accommodations units. To achieve the proposed number of units, the project utilizes the 35 units possible from this remaining acreage, in addition to the requested 100-unit allocation from the Hotel Density Reserve (Reserve) through Beach by Design. With the incorporation of the retail and restaurant area, and the reduction of the number of hotel units from 166 as approved in 2014 (HDA2013-08006) to 135 rooms, the subject site’s density (hotel units per acre) will decrease from 94.32 hotel units per acre to 77 units per acre. The reduction of the number of hotel units will enable the provision additional services to the hotel guests. The building will continue to be 100 feet in height as measured from the established Page 2 City of Clearwater Printed on 2/14/2025 File Number: 25-01c design flood elevation to flat roof. The proposal continues to include a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The request includes a conceptual site plan and accompanying building elevations (Exhibit B). The site will be accessed via a two-way driveway from Hamden Drive at the southeast corner of the property which will provide access to the parking garage component of the development. A one-way ingress is provided centrally along the north side of the site along Fifth Street which also provides access to the parking garage as well as an underbuilding drop off area. The egress for the drop off area is also located along Fifth Street. A one-way egress from the parking garage is provided at the northeast side along Hamden Drive. The primary pedestrian entrance is located at the northwest corner of the site. The northwest corner of the building on the ground floor contains a lobby, retail area and restaurant. The first five floors of the building will contain a parking garage as well as miscellaneous back-of-house components such as maintenance rooms and laundry facilities. The sixth floor will include a pool and pool deck and other amenities such as private balconies, exercise areas and related activities such as yoga. The seventh and eighth floors will be dedicated almost entirely to hotel rooms and the nineth floor with include rooms, outdoor amenities as well as an indoor/ outdoor bar and lounge. Proposal’s Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an overnight accommodations use is 20,000 square feet and between 100 and 150 feet in lot width, respectively. The subject property is 76,622 square feet in area and approximately 420 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet along the Fifth Street and Hamden Drive (north and east) frontages, and 10 feet along all remaining property lines of the site including the frontage along Coronado Drive. The proposed setbacks may be approved as part of a Level One (FLS) application, subject to meeting the applicable flexibility criteria of the Community Development Code; however, other elements such as height may require the project to be a Level Two (FLD) application. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 100 feet in height as measured from the design flood elevation where a height of up to 100 feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria of the CDC and approved as part of a Level Two Flexible Development application) and as limited by any applicable Beach by Design requirements. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 135-room overnight accommodations use requires a minimum of 162 off-street parking spaces. A parking garage located on the first five levels of the building will provide 400 spaces, including 50 which are available for public use. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for Page 3 City of Clearwater Printed on 2/14/2025 File Number: 25-01c foundation landscaping will be provided along all street frontages. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Proposal’s Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. However, a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. It is important to note that the south portion of the site has had all development potential transferred to other properties within the Beach by Design planning area. Beach by Design Section V.B.2 provides that “Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31, 2007, are not eligible to have rooms allocated from the Reserve.” Staff believes that the intent of this provision is to prevent a property owner from selling off development potential and then requesting units from the Reserve thereby profiting from the Reserve. This portion of the site was not in common ownership at the time the 100 units were allocated to the original proposal, and the inclusion of the parcels will result in the overall site density (units per acre) decreasing; therefore, the project does not utilize these lots for development potential at all. The primary purpose of adding these parcels is to provide the opportunity to provide a more efficient parking garage layout which will allow for the provision of all required parking spaces as well as a minimum of 50 spaces for use by the public. In short, the proposal provides for a scenario that Staff believes was not considered at the time that Beach by Design was written. Staff believes that the proposal meets the intent of Beach by Design and approval of the request. Standards for Development Agreements: CDC Section 4-606 sets forth the procedures and criteria for reviewing development agreements. Specifically, development agreements shall be consistent with Clearwater 2045, the city’s Comprehensive Plan. The proposal furthers the goals, objectives and policies of the Comprehensive Plan as provided below. Goal QP 3: Support the on-going transformation of the Downtown and Clearwater Beach Activity Centers as high intensity, walkable, and attractive regional centers for living, working, shopping, and entertainment. Objective QP 3.3: Continue to use Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (Beach by Design) to guide development, Page 4 City of Clearwater Printed on 2/14/2025 File Number: 25-01c redevelopment, and placemaking on Clearwater Beach. Policy QP 3.3.4: Continue to utilize the Hotel Density Reserve allocation as established in Beach by Design to facilitate hotel development on Clearwater Beach. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ·Provides for no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2013-08006/Resolution No. 14-25 and HDA2013-08006A/ Resolution No. 22-01); ·Includes conceptual site plans, architectural drawings, elevations and perspectives in Exhibit B that appear to be generally consistent with the applicable Design Guidelines established in Beach by Design; ·Requires the developer to obtain site plan approval within one year of approval, commence vertical construction within four years from the date of site plan approval, and obtain a certificate of occupancy within six years from the date of site plan approval; ·Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ·Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodations usage; and ·Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of the CDC, Section 4-406. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Summary and Recommendation: The proposal appears to be generally consistent with applicable components of the Community Development Code and Beach by Design and the city’s Comprehensive Plan. Staff is supportive of the request. Page 5 City of Clearwater Printed on 2/14/2025 1 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this ____ day of ___________________, 2025, by and between AP BEACH PROPERTIES LLC, a Florida limited liability company (the “Developer”), its successors and assigns, and THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the “City” and together with the Developer the “Parties”). R E C I T A L S : WHEREAS, one of the major elements of the City’s revitalization effort is a special area plan for the revitalization of Clearwater Beach (the “Beach”) adopted under the provisions of the Florida Growth Management Act, Chapter 163, Part II, Florida Statutes, and titled Beach by Design; and WHEREAS, Sections 163.3220 – 163.3243, Florida Statutes, the Florida Local Government Development Agreement Act (the “Act”), authorizes the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, pursuant to the Act the City has adopted Section 4-606 of the City of Clearwater Community Development Code (the “CDC”), establishing procedures and requirements for the City to consider when entering into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the Beach and to ensure the Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel density reserve units (“Reserve Units”) to be made available for hotel projects with said pool being referred to as the Hotel Density Reserve (the “Reserve”); and WHEREAS, the Developer owns 1.759 acres of real property (the “Property”) in the corporate limits of the City, more particularly described in Exhibit “A” attached hereto and incorporated herein; and WHEREAS, the City and Mainstream Partners VIII, LLC previously entered into that certain development agreement dated October 2, 2014, as amended by that certain First Amendment to the Hotel Density Reserve Development Agreement between the Parties dated February 9, 2022, for the development of a one hundred sixty-six (166) overnight accommodation units hotel project on the Property which expired on October 8, 2024; and WHEREAS, the Parties now wish to enter into this Agreement to develop a hotel project on the Property consisting of 135 overnight accommodation units, approximately 20,000 square feet of retail space, an approximately 6,825 square foot restaurant, meeting space for guest use, a pool, a lobby, and an approximately 160,795 square foot parking garage containing a minimum of 2 162 parking spaces or 1.2 spaces/unit for the overnight accommodations use, a minimum of 50 spaces available to the general public, and 186 spaces to be allocated to permitted uses at the Developer’s discretion, generally conforming to the conceptual site plan and architectural elevations shown in Exhibit “B” (collectively the “Project”); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the Project will contain 135 overnight accommodations units, which includes 100 Reserve Units; and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Section 163.3225, Florida Statutes, CDC Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the Project is consistent with the City’s Comprehensive Plan and the CDC; and WHEREAS, at a duly noticed and convened public meeting on ________________, 2025, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the best interests of the City in furtherance of the City’s goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, the Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on the Developer’s behalf. W I T N E S S E T H : NOW, THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto intending to be legally bound and in accordance with the Act and CDC, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the CDC and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. 3 SECTION 3. Property Subject to this Agreement. The Property described in Exhibit “A” is subject to this Agreement. A. The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). The permitted uses on the property shall include overnight accommodations, retail sales and services, restaurants, and any accessory uses commonly associated with a hotel as determined by the City’s community development coordinator. Such uses shall be developed in accordance with the Project’s conceptual site plan and architectural elevations attached hereto as Exhibit “B” (collectively the “Conceptual Site Plan”). B. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. C. The Property is generally located at 405 Coronado Drive, Clearwater, Florida 33767, as further described in Exhibit “A”. SECTION 4. Scope of Project. A. The Project shall consist of one hundred thirty-five (135) overnight accommodation units in total which includes one hundred (100) Reserve Units. Upon adoption of this Agreement, the Project shall receive the 100 Reserve Units. All Reserve Units not constructed in accordance with this Agreement shall be returned to the Reserve. The Project shall include a minimum of one hundred sixty-two (162) parking spaces (1.2 spaces per unit) dedicated to the overnight accommodation use, as defined in the Code. The Project shall also include a minimum of fifty (50) parking spaces which shall be made available to the general public for the life of the Project and an additional One Hundred Eighty-Six (186) parking spaces which shall be allocable to the permitted uses on the site at the Developer’s discretion. B. The City has determined that the Conceptual Site Plan is consistent with Beach by Design. C. The Project shall not exceed one hundred (100) feet in height. The building intensity shall include One Hundred Thirty-Five (135) overnight accommodation units, meeting space for guest use, a pool, a lobby, approximately Twenty Thousand (20,000) square feet of retail space, an approximately Six Thousand Eight Hundred Twenty-Five (6,825) square foot restaurant, and an approximately a One Hundred Sixty Thousand Seven Hundred Ninety- Five (160,795) square foot parking garage which shall contain the parking spaces referenced in Subsection A. above. 4 SECTION 5. Effective Date/Duration of this Agreement. D. This Agreement shall not be effective until this Agreement is properly recorded in the Public Records of Pinellas County, Florida, pursuant to Section 163.3239, Florida Statutes and CDC Section 4-606 (the “Effective Date”). E. Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. F. This Agreement shall continue in effect for ten (10) years commencing on the Effective Date (the “Term”) unless earlier terminated as set forth herein. SECTION 6. Obligations of the Developer. The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. To comply with this Agreement, the Developer must comply with the following: A. At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the CDC provisions applicable at the time of building permit review. B. The Project shall be developed in substantial conformance with the Conceptual Site Plan and the provisions of this Agreement. Any modifications determined by the Community Development Coordinator as either inconsistent with the Conceptual Site Plan or constituting a substantial deviation from said eplan shall require an amendment to this Agreement in accordance with the procedures of the Act and the CDC, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the Public Records of Pinellas County, Florida. C. The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the Effective Date of this Agreement in accordance with the provisions of the CDC, commence vertical construction within four (4) years from the date of site plan approval, and obtain a certificate of occupancy within six (6) years from the date of site plan approval. For sake of clarity, “commence vertical construction” shall mean that the physical building encompassing the Project has begun being erected on the Property. D. Evacuation/Closure Covenant. Prior to the commencement of construction, the Developer shall execute and record a mandatory evacuation/closure covenant, substantially in the form of Exhibit “C”, providing certain use restrictions and stating that the overnight 5 accommodation component of the Project will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. E. Covenant of Unified Use and Development. Prior to the issuance of the first building permit for the Project, the Developer shall execute and record a mandatory covenant of unified use and development, substantially in the form of Exhibit “D”. Such covenant shall provide that the Project shall be developed and used as a single project, provided, however, that nothing shall preclude the Developer from selling all or a portion of the Developer’s Property in the event that the Developer decides not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the covenant of unified use and development and 1.) elects not to construct the Project and notifies the City of this election in writing, or 2.) as of the date of expiration, termination, or revocation of this Agreement, no rights of the Developer remain or will be exercised to incorporate the Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. F. Transient Use. A reservation system shall be required as an integral part of the overnight accommodations use for the Project. There shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to all units must be provided through a lobby and internal corridor. All units shall be available to the public for overnight transient hotel occupancy at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. No unit in the hotel shall be used as a primary or permanent residence. G. No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Mini kitchens as defined in Beach by Design are permitted. H. Inspection of Records. The Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Reserve Unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. I. Compliance with Design Guidelines. The Developer agrees to comply with the applicable Design Guidelines as set forth in Beach by Design. J. Limitation on Amplified Music. The Developer agrees that there shall be no outdoor amplified music at the Project between the hours 11:00 p.m. to 7:00 a.m. on Sunday through Thursday, or between the hours of 12:00 a.m. to 7:00 a.m. on Friday and Saturday. 6 SECTION 7. Obligations of the City. A. The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan, the Conceptual Site Plan, and the Code. B. The final effectiveness of the applications referenced in Section 7.(A.) are subject to: i. The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such applications; and ii. The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. SECTION 8. Public Facilities to Service Development. Subject to the City’s determination of sufficient capacity, the following public facilities are presently available to service the Property from the sources indicated below. A. Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. B. Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. C. Fire protection is available from the City. D. Drainage facilities for the Property will be provided by the Developer at the Developer’s sole expense. E. The Project shall comply with the Metropolitan Planning Organization’s (the “MPO”) or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: i. Recognition of standard data sources as established by the MPO; ii. Identification of level of service (“LOS”) standards for state and county roads as established by the MPO; iii. Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; iv. Utilization of the MPO Traffic Impact Study Methodology; and 7 v. Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. Any and all improvements associated with the public facilities identified in this section shall be completed prior to the issuance of any certificate of occupancy. Concurrency requirements that were included in Article 4, Division 9 of the CDC have been repealed. The Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of one hundred fifteen percent (115%) of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a certificate of occupancy for the Project. SECTION 9. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: A. Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; B. Building permit(s); and C. Certificate(s) of occupancy. SECTION 10. Finding of Consistency. The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City’s Comprehensive Plan and the CDC. SECTION 11. Remedies Upon Default by Developer. If the Developer’s obligations are not fulfilled in accordance with Section 6 of this Agreement, as reasonably determined by the City Manager, then after thirty (30) days written notice and opportunity to cure such a default, the City of Clearwater City Council may, at a meeting noticed to Developer and provided in accordance with the CDC, elect to take any or all of the following actions: 1. Administratively suspend any and all existing permits or development approvals and deny issuance of any new permits or approvals until the Developer has fulfilled its obligations; 2. In the event of a failure to meet or fulfill the requirements of Section 6.(A.), (B.), (C.), or (I), terminate this Agreement in part or its entirety and revoke the Reserve Units granted hereunder. Reserve Units revoked hereunder shall be returned to the Reserve for use by future development projects; 3. Terminate this Agreement in part or its entirety; 8 4. Seek specific performance of the Developer’s obligation in a court of competent jurisdiction; or 5. Amend the Agreement to adjust the obligations of the Developer if such amendment does not violate Florida law, the City’s comprehensive plan, or the CDC. SECTION 12. Other Terms and Conditions. During the Term of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing this Agreement and do not prevent development of the land uses, intensities, or densities in this Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided by the Developer. SECTION 13. Compliance with the Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 14. Notices. All notices and communications required or desired to be given under this Agreement shall be given to the Parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to Developer: AP BEACH PROPERTIES LLC 648 Poinsettia Avenue Clearwater, Florida 33767 With a copy to: MACFARLANE FERGUSON & MCMULLEN P.A. Attn: Brian J. Aungst, Jr., Esq. 625 Court Street, Suite 200 Clearwater, Florida 33756 9 If to 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 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The Parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 15. Assignment by Developer. A. During the Term of this Agreement, the Developer may only sell, convey, assign, or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, with the prior written notice to the City, provided that such party (hereinafter referred to as the “assignee”), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. B. If the assignee of the Developer’s right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer’s obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. SECTION 16. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 17. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City of Clearwater City Manager or their designee is of a minor or inconsequential nature. 10 SECTION 18. Covenant of Cooperation. The Parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 19. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 20. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation, or termination shall be signed by the Parties and recorded in the official records of the City. SECTION 21. Entire Agreement. This Agreement (including any and all exhibits attached hereto all of which are a part of this Agreement to the same extent as if such exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof. SECTION 22. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer’s successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 23. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other party. SECTION 24. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. 11 SECTION 25. Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or relating to this Agreement will be in Pinellas County, Florida. SECTION 26. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 27. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, the CDC, the City’s comprehensive plan, any other applicable City ordinances, and Florida law. [ Signature Page(s) to Follow ] [ Rest of Page Intentionally Left Blank ] 12 IN WITNESS WHEREOF, the Parties have hereto executed this Agreement the date and year first above written. (DEVELOPER SIGNATURE PAGE) In the Presence of: AP BEACH PROPERTIES, LLC, a Florida limited liability company. _________________________________ Print Name: _______________________ By: __________________________ Address: __________________________ TOMASZ CIESIELSKI __________________________________ Title: Manager__________________ Date: _________________________ _________________________________ Print Name: _______________________ Address: __________________________ __________________________________ “WITNESSSES AS TO THE DEVELOPER” STATE OF FLORIDA ) COUNTY OF PINELLAS ) This Agreement was acknowledged before by means of _____ physical presence or _____ online notarization me this ____ day of _______________, 2025, by TOMASZ CIESIELSKI, as Manager of AP BEACH PROPERTIES, LLC, a Florida limited liability company, on behalf of the entity. He is ____ personally known to me or has ____ produced ____________________ as identification. _________________________________ NOTARY PUBLIC Print Name: _______________________ My Commission Expires: ____________ 13 (CITY SIGNATURE PAGE) Countersigned: CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. ___________________________ By: __________________________ Bruce Rector 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: ____________________________ 14 EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY LOTS 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 AND 12, COLUMBIA SUBDIVISION NO. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 50 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. AND BEGINNING AT THE INTERSECTION OF THE HIGH WATER MARK OF THE GULF OF MEXICO AND THE EAST AND WEST CENTER LINE OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST; AND RUN THENCE EAST ALONG THE EAST AND WEST CENTER LINE OF SAID SECTION 8, 164.38 FEET; THENCE SOUTH 1573.94 FEET; THENCE SOUTH 77°25’30” EAST, 280 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 77°25’30” EAST, 10 FEET; THENCE SOUTH 12°34’30” WEST, 50.87 FEET; THENCE NORTH 77°25’30” WEST, 10 FEET; THENCE NORTH 12°34’30” EAST, 50.87 FEET TO A POINT OF BEGINNING, OTHERWISE DESCRIBED AS LOT 1-A OF COLUMBIA SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 1.759 ACRES, MORE OR LESS. 15 COLLECTIVELY TAX PARCEL IDENTIFICATION NO. 08-29-15-17622-000-0100 EXHIBIT “B” Conceptual Site Plan See attached. 16 EXHIBIT “C” MANDATORY EVACUATION/CLOSURE COVENANT PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ __________________________________________ DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this “Declaration”) is made and entered into as of this ____ day of _________________, 202__, by AP BEACH PROPERTIES, LLC, a Florida limited liability company (the “Developer”). WHEREAS, the Developer is the fee simple owner of certain real property located at 405 Coronado Drive, Clearwater, Florida 33767 more particularly described in Schedule “1” attached hereto and made a part hereof (the “Property”); and WHEREAS, the City of Clearwater, Florida (the “City”), has amended its comprehensive plan to designate Clearwater Beach as a community redevelopment district pursuant to the Pinellas County Planning Council rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach; and WHEREAS, the designation of Clearwater Beach as a community redevelopment district (the “Designation”) provides for the allocation of hotel density reserve units (“Reserve Units”) as an incentive for the development of quality hotels. Pursuant to the Designation, the allocation of Reserve Units is subject to compliance with a series of performance standards, including a requirement that hotels developed with Reserve Units shall be closed and all guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds; and WHEREAS, the City has granted, by City Council Resolution ____________, passed and approved on ___________, 2025, the Developer’s hotel density reserve development agreement (the “Development Agreement”) providing for the allocation of Reserve Units for the development of a hotel project as provided for in the Development Agreement (the “Project”) and pursuant to the Designation, subject to the Developer’s compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Property in accordance with the terms and conditions of the allocation of the Reserve Units by the City, the Development Agreement, and the Designation, which rights, duties, obligations and 17 responsibilities shall be binding on any and all successors and assigns and will run with the title to the Property. NOW THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of the Reserve Units to the Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of the Developer, its successors and assigns, and the residents of the City and shall be enforceable by Developer, its successors and assigns, and by the City for the benefit of its residents. 2. Definitions. As used herein, the terms “transient occupancy”, “public lodging establishment”, “hotel”, and “operator” shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes. 3. Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the Project and Developer’s commencement of construction of the Project as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4. Covenant of Development, Use, and Operation. The Developer hereby covenants and agrees to the development, use and operation of the Property in accordance with the provisions of this Declaration. The use of the Project on the Property is restricted as follows: A. 135 units, 100 of which are Reserve Units, shall be used solely for transient occupancy of one (1) month or thirty-one (31) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator. No unit shall be used as a primary or permanent residence. Access to the units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel component of the Project and there shall be a lobby/front desk area that must be operated as a standard lobby/front desk area for a hotel would be operated. All units shall be required to be submitted to a rental program requiring the units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the City of Clearwater Community Development Code (the “CDC”). Mini kitchens as defined in Beach by Design are permitted. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each unit upon reasonable notice to confirm compliance with these 18 regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII of Beach by Design. B. Public Parking. The Project shall include and maintain fifty (50) public parking spaces on site for the life of the Project. C. Closure of Improvements and Evacuation. The hotel component of the Project developed on the Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach. All Hotel guests, visitors, and employees other than emergency and security personnel required to protect the hotel component of the Project, shall be evacuated from the hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors, and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 5. Governing Law and Venue. This Declaration shall be governed by and construed in accordance with the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or relating to this Agreement will be in Pinellas County, Florida. 6. Recording. This Declaration shall be recorded in Public Records of Pinellas County, Florida. 7. Attorneys’ Fees. The Developer shall reimburse the City for any expenses, including reasonable attorneys’ fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 8. Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [ Signature Page(s) to Follow ] [ Rest of Page Intentionally Left Blank] 19 IN WITNESS WHEREOF, the parties have hereto executed this Declaration on the date and year first above written. (DECLARATION—DEVELOPER SIGNATURE PAGE) In the Presence of: AP BEACH PROPERTIES, LLC, a Florida limited liability company _________________________________ Print Name: _______________________ By: __________________________ Address: __________________________ Tomasz Ciesielski, Manager _________________________________ Date: _________________________ _________________________________ Print Name: _______________________ Address: __________________________ __________________________________ “AS TO DEVELOPER” STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing declaration was acknowledged before by means of _____ physical presence or _____ online notarization me this ____ day of _______________, 2025, by TOMASZ CIESIELSKI, as Manager of AP BEACH PROPERTIES, LLC, a Florida limited liability company, on behalf of the entity. He is ____ personally known to me or has ____ produced ____________________ as identification. _________________________________ NOTARY PUBLIC Print Name: _______________________ My Commission Expires: ____________ 20 (DECLARATION—CITY SIGNATURE PAGE) Countersigned: CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. ___________________________ By: __________________________ Bruce Rector 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: ____________________________ 21 SCHEDULE “1” TO DECLARATION Legal Description LOTS 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 AND 12, COLUMBIA SUBDIVISION NO. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 50 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. AND BEGINNING AT THE INTERSECTION OF THE HIGH WATER MARK OF THE GULF OF MEXICO AND THE EAST AND WEST CENTER LINE OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST; AND RUN THENCE EAST ALONG THE EAST AND WEST CENTER LINE OF SAID SECTION 8, 164.38 FEET; THENCE SOUTH 1573.94 FEET; THENCE SOUTH 77°25’30” EAST, 280 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 77°25’30” EAST, 10 FEET; THENCE SOUTH 12°34’30” WEST, 50.87 FEET; THENCE NORTH 77°25’30” WEST, 10 FEET; THENCE NORTH 12°34’30” EAST, 50.87 FEET TO A POINT OF BEGINNING, OTHERWISE DESCRIBED AS LOT 1-A OF COLUMBIA SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 1.759 ACRES, MORE OR LESS. COLLECTIVELY TAX PARCEL IDENTIFICATION NO. 08-29-15-17622-000-0100 22 EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ __________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (this “Covenant”) is executed this ____ day of _____________, 20__, by (the “Developer”). W I T N E S S E T H : WHEREAS, the Developer is the owner of the real property located at 405 Coronado Drive, Clearwater, Florida 33767 more particularly described on Schedule “1” attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, the Developer and the City of Clearwater, Florida (the “City”) are parties to that certain Hotel Density Reserve Development Agreement dated the ____ day of ____________, 20__ (the “Agreement”), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the “Project”); and WHEREAS, Developer intends to develop and operate the Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if the Developer’s allocation of additional hotel density reserve units (as defined in the Agreement) expires or is terminated. Nothing in this Covenant shall require Developer to develop the Project or restrict Developer’s ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Covenant. IN WITNESS WHEREOF, the parties have hereto executed this Covenant the date and year first above written. 23 (COVENANT—DEVELOPER SIGNATURE PAGE) In the Presence of: AP BEACH PROPERTIES, LLC, a Florida limited liability company _________________________________ Print Name: _______________________ By: __________________________ Address:__________________________ Tomasz Ciesielski, Manager _________________________________ Date: _________________________ _________________________________ Print Name: _______________________ Address:__________________________ _________________________________ STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing declaration was acknowledged before by means of _____ physical presence or _____ online notarization me this ____ day of _______________, 2025, by TOMASZ CIESIELSKI, as Manager of AP BEACH PROPERTIES, LLC, a Florida limited liability company, on behalf of the entity. He is ____ personally known to me or has ____ produced ____________________ as identification. _________________________________ NOTARY PUBLIC Print Name: _______________________ My Commission Expires: ____________ 24 (COVENANT—CITY SIGNATURE PAGE) Countersigned: CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation. ___________________________ By: __________________________ Bruce Rector 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: ____________________________ 25 SCHEDULE “1” TO COVENANT Legal Description LOTS 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 AND 12, COLUMBIA SUBDIVISION NO. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 50 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. AND BEGINNING AT THE INTERSECTION OF THE HIGH WATER MARK OF THE GULF OF MEXICO AND THE EAST AND WEST CENTER LINE OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST; AND RUN THENCE EAST ALONG THE EAST AND WEST CENTER LINE OF SAID SECTION 8, 164.38 FEET; THENCE SOUTH 1573.94 FEET; THENCE SOUTH 77°25’30” EAST, 280 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 77°25’30” EAST, 10 FEET; THENCE SOUTH 12°34’30” WEST, 50.87 FEET; THENCE NORTH 77°25’30” WEST, 10 FEET; THENCE NORTH 12°34’30” EAST, 50.87 FEET TO A POINT OF BEGINNING, OTHERWISE DESCRIBED AS LOT 1-A OF COLUMBIA SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 1.759 ACRES, MORE OR LESS. COLLECTIVELY TAX PARCEL IDENTIFICATION NO. 08-29-15-17622-000-0100 AP BEACH PROPERTIES LLC 405 CORONADO DRIVE CLEARWATER, FL 33767 DEVELOPMENT AGREEMENT APPLICATION—HDA2024-09001 405 CORONADO DRIVE, CLEARWATER, FL 33767 TIMELINE-HDA2013-08006 -Approved – 10/2/2014 -Expiration Date – 10/1/2024 -HDA2013-08006A (Amendment to HDA2013- 08006) -Approved – 02/02/2022 -Expiration Date of HDA2013-08006unchanged -HDA2024-09001 -Filed – 09/04/2024 -Hearing – 02/06/2025 -FLD2015-0516 (DO entitling units to site) -Effective until 01/16/2025 -This item was to be heard on 01/16/2025butwasmovedto 02/06/2025 due to a noticing error by theCity. -Extended pursuant to Executive Orders PREVIOUS REQUEST VS. CURRENT PROPOSAL •PREVIOUS REQUEST •166 OVERNIGHT ACCOMM. UNITS •PARKING SPACES: •199 FOR UNITS •50 FOR PUBLIC USE •CURRENT PROPOSAL •135 OVERNIGHT ACCOMM. UNITS •20,000SF RETAIL •6,825SF RESTAURANT •PARKING SPACES: •162 FOR UNITS •50 FOR PUBLIC USE •186 ALLOCABLE TO SITE USES PREVIOUS REQUEST •Site plan approval within 1 year CURRENT PROPOSAL•Site plan approval within 1 year •Commence vertical construction within 4 years of site plan approval •Obtain certificate of occupancy within 6 years of site plan approval PERFORMANCE MILESTONES BEACH BY DESIGN •The current proposal includes 100 overnight accommodation units from the Hotel Density Reserve as provided for in Beach by Design and conforms to all standards provided for in Beach by Design, including concurrency management requirements. •In creating Beach by Design, the City hired experts to perform the necessary traffic impact studies and other analyses to determine that the units which comprise the Hotel Density Reserve would be allocated in concurrence with the available facilities and character of Clearwater Beach. •This proposal aligns with the character and goals of Beach by Design. BEACH BY DESIGN CONCURRENCY MANAGEMENT Resolution No. 25-01 RESOLUTION NO. 25-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND AP BEACH PROPERTIES LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with AP Beach Properties LLC.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and AP Beach Properties LLC., a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is hereby directed to record the Development Agreement with the Clerk of the Circuit Court for Pinellas County, Florida no later than fourteen (14) days after execution of the Development Agreement. PASSED AND ADOPTED this _______ day of _____________, 2025 ____________________________ Bruce Rector Mayor Approved as to form: Attest: __________________________ _____________________________ Matthew J. Mytych, Esq. Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0098 Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break period of March 2, 2025 through May 3, 2025, with the City contributing an amount not to exceed $108,171.00 and authorize the appropriate officials to execute same. SUMMARY: Alternatives for traveling to Clearwater Beach during the Spring Break season are critical to the economic vitality of Clearwater and our tourism industry. The City and PSTA propose utilizing the parking lots at 112 S. Osceola Avenue and 200 S. Osceola Avenue as park and ride lots for the period commencing March 2, 2025 through May 3, 2025. Instead of driving, users will have the option of taking the free Trolley services to and from the Beach or paying to ride the Clearwater Ferry Taxi Service. The Trolley service will be free only for people who board the trolley at the 112 S. Osceola Avenue and 200 S. Osceola Avenue Park and ride site lots, at the Clearwater Beach Transit Station on the north side of Memorial Causeway, or at the Clearwater Beach Municipal Marina designated pick up location. PSTA currently provides regular service on several routes between Downtown and Clearwater Beach, as well as north and south along the Beach. PSTA operates the Suncoast Beach Trolley which runs from Downtown Clearwater south to St. Pete Beach and has an agreement with the Jolley Trolley to operate a Beach circulator (North and South Beach routes), as well as the Coastal route connecting to Tarpon Springs. As part of this additional agreement, PSTA developed a service plan that will increase the number of vehicles serving the Beach during the Spring Break season, especially on the weekend periods from Friday through Sunday during spring break periods for local school districts and during the Sugar Sands Festival. The proposed agreement sets forth the City’s commitment to contribute an amount not to exceed $108,171.00 towards PSTA’s additional financial obligations, including PSTA’s agreement with the Jolley Trolley to provide enhanced service on its Beach circulator routes during the Spring Break season. This amount is 50% of the total cost; PSTA will provide the other 50%. Riders will have significantly shorter wait times this season with additional vehicles to maintain the service at 30-minute intervals Monday through Thursday and 15-minute intervals Friday through Sunday. The free park and ride service is planned to start at 10:00 AM and end at the regular close of service (approximately 10:00 PM Sunday-Thursday and 12:00 AM Friday/Saturday). APPROPRIATION CODE AND AMOUNT: Funds are available in Public Works - Parking Division operating cost code 4351333-581000 (payment to agencies) to fund this agreement. Parking operations are funded by Parking Enterprise Fund revenues. These monies were contemplated within the FY24-25 budget. STRATEGIC PRIORITY: 4.4 Develop accessible and active transportation networks that enhance pedestrian safety and reduce citywide greenhouse gas emissions. Page 1 City of Clearwater Printed on 2/14/2025 Page 1 of 5 CLEARWATER BEACH SPRING BREAK 2025 SERVICE FUNDING AGREEMENT THIS FUNDING AGREEMENT (Agreement) is entered into on this day of , 2025, by and between the PINELLAS SUNCOAST TRANSIT AUTHORITY, an independent special district (“PSTA”), with its principal place of business located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal place of business located at 100 S. Myrtle Avenue, Clearwater, Florida 33756 (the “City of Clearwater”) (collectively referred to as the “Parties”). WHEREAS, the Spring Break seasonal enhanced service promotion began as a partnership between PSTA and the City of Clearwater in 2017; and WHEREAS, both parties agree that the Spring Break seasonal pilot in 2017 was a valuable method that encouraged residents, visitors and employees to use alternative transportation options to access all that Clearwater Beach has to offer and the Parties executed other increasingly successful service partnerships in 2018, 2019, 2022, 2023, and 2024; and WHEREAS, PSTA and the City of Clearwater chose to cancel the planned 2020 and 2021 Spring Break service promotion due to COVID-19 precautions, and successfully continued the service in 2022 and thereafter; and WHEREAS, PSTA provides fixed route services on Clearwater Beach as part of the Beach Routes (the “Clearwater Beach Route”) and other routes serving Clearwater Beach by and through its current agreement with Jolley Trolley Transportation of Clearwater, Inc., (“Jolley Trolley”) effective October 1, 2022 through September 30, 2032, as may be amended from time to time (the “Jolley Trolley Agreement”); and WHEREAS, the Jolley Trolley Agreement provides that PSTA will make certain funding contributions to Jolley Trolley in exchange for the Clearwater Beach Route services; and WHEREAS, PSTA and the City of Clearwater have entered into a Clearwater Beach Route Funding Agreement wherein the City will provide funding to PSTA for FY2025 for the services provided pursuant to the Jolley Trolley Agreement; and WHEREAS, PSTA regularly operates bus service from downtown Clearwater and beach communities along Gulf Boulevard on the Suncoast Beach Trolley; and WHEREAS, both the City of Clearwater and PSTA understand the significant auto congestion on Clearwater Beach and need for expanded alternative ways for residents, visitors, and employees to access the beach; and WHEREAS, the Parties desire to provide enhanced downtown to beach service on the Suncoast Beach Trolley and Jolley Trolley South Beach Route during the period of March 02, 2025 through May 03, 2025 (the “2025 Spring Break”) from the Old City Hall Parking Lot at 112 S. Osceola Ave., the parking lot located at 200 S. Osceola Ave., and the Pinellas County parking garage at 310 Court St. (Pinellas County garage restricted to evenings and weekends only) to Pier Page 2 of 5 60, the Clearwater Beach Transit Center and Marina Stops on Clearwater Beach; and WHEREAS, PSTA would not extend existing bus services to these parking locations without the shared contribution of the City of Clearwater, as contemplated by this Agreement. NOW, THEREFORE, the Parties for and in receipt of the mutual promises and consideration described herein, hereby mutually agree that: 1. RECITALS. The above recitals are true and correct and, together with all exhibits, are incorporated herein by reference. 2. BASE SERVICE COSTS. City of Clearwater will contribute one half of PSTA’s costs of enhanced service on the Suncoast Beach Trolley and Jolley Trolley South Beach Route during the 2025 Spring Break at a cost to City of Clearwater not to exceed one hundred eight thousand, one hundred and seventy-one dollars ($108,171). 3. PAYMENT. PSTA will send an invoice to City of Clearwater no later than the fifteenth (15th) day of the month immediately following each month during the 2025 Spring Break. Each invoice shall be based on actual revenue hours provided and shall include a copy of Jolley Trolley’s invoice to PSTA plus documentation of service hours provided by PSTA. City of Clearwater shall remit payment on the fifteenth (15th) day of the month following receipt of such invoice. The City shall reimburse PSTA for 50-percent of the cost of the services added to the base beach fixed route service during the 2025 Spring Break. 4. FAILURE TO MAKE PAYMENT. In the event City of Clearwater fails to make the payment provided in Section 3 above, PSTA may cancel this Agreement, which may result in the termination of the enhanced services. 5. JOINT MARKETING. The Parties agree to coordinate a joint marketing effort to advertise this enhanced service and other transportation services to and from the beach that encourage the use of non-automotive mass transportation. Additionally, PSTA will provide and the City will assist with the installation, maintenance and removal of temporary directional signage, including sidewalk decals, for the promotional service as produced by PSTA. 6. TERM; EFFECTIVE DATE. This Agreement shall take effect on the first date above written and shall terminate at the end of the service day on May 03, 2025. 7. REPRESENTATIONS AND WARRANTIES. The Parties represent and warrant that they are authorized to enter into this Agreement without the consent or joinder of any other person or entity and that the individuals executing this Agreement have full power and authority to bind their respective parties hereto. Nothing contained herein shall be construed to limit or waive any of PSTA’s rights under the Jolley Trolley Agreement. Page 3 of 5 8. INDEMNIFICATION. Each party agrees to be fully responsible for its own acts of negligence or its respective employees’ acts of negligence when such employees are acting within the scope of their employment, and each party agrees to be liable for any damages proximately caused thereby consistent with and pursuant to section 768.29(19), Florida Statutes; provided, however, that each party’s liability is subject to the monetary limitations and defenses set forth in Florida Statutes 768.28. Nothing herein is intended to serve or be construed as a waiver of sovereign immunity or any other immunity from or limitation of liability to which either party is entitled, nor shall anything herein be construed as consent by either party to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by Florida Statute 768.28. 9. ELECTRONIC SIGNATURES; COUNTERPARTS. This Agreement may be executed by electronic signature technology and such electronic signature shall act as the Parties’ legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature. This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. Page 4 of 5 IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed as of the date first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY By: _ __________________________________ Brad Miller, Chief Executive Officer Attest: _____________________________________ Executive Assistant Approved as to Form: ____________________________________ Alan S. Zimmet, Esq. General Counsel CITY OF CLEARWATER, FLORIDA Countersigned: By: _ Bruce Rector, Mayor Jennifer Poirrier, City Manager Attest: Approved as to Form: Rosemarie Call, MPA, CMC David Margolis, Esq. City Clerk City Attorney Page 5 of 5 EXHIBIT A Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0052 Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Award purchase orders to Harrell's, LLC, Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group, Howard Fertilizer and Chemical LLC, MAR Green Resources LLC and SiteOne Landscape Supply for citywide Herbicide, Pesticide and Assorted Related Products in the cumulative amount of $175,000 for initial term of March 1, 2025 through September 30, 2025, with two, one-year renewal options at $300,000.00 annually pursuant to Invitation to Bid 55-24 and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid # 55-24 Herbicide, Pesticide and Assorted Related Products was released on August 5, 2024, and five submissions were received on September 5, 2024. The Parks & Recreation Department evaluated each submission and determined that the five noted companies, Harrell's, LLC, Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group, Howard Fertilizer & Chemical LLC, MAR Green Resources LLC and SiteOne Landscape Supply, meet the requirements of the city. This award is proposed to be made to the noted five vendors to ensure a continuity of supply and flexibility in the ordering of product and/or services, as may be needed. Therefore, the Parks & Recreation Department is recommending the award of the contract to the five vendors as follows: Category 1 - Fungicides 1.Harrell's, LLC; 1.2. 2.Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group; 1.1-1.3, 1.6-1.7, 1.11 and 1.13. 3.Howard Fertilizer & Chemical LLC; 1.2 and 1.12. 4.SiteOne Landscape Supply; 1.2, 1.4-1.5, and 1.8-1.9. Category 2 - Herbicides 1.Harrell's, LLC; 2.1-2.2, 2.5 (secondary), 2.17, 2.20, 2.22, 2.23 (secondary) 2.24-2.25, 2.32-2.36, 2.39, and 2.44 (secondary). 2.Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group; 2.1-2.2, 2.3 (secondary), 2.4, 2.6, 2.8-2.12, 2.14 (secondary), 2.17, 2.19 (secondary), 2.20-2.21, 2.24-2.25, 2.32-2.34, 2.36-2.40, 2.41 (secondary), 2.42- 2.43, 2.44 (secondary), 2.45, and 2.49-2.50. 3.Howard Fertilizer & Chemical LLC; 2.1-2.2, 2.7, 2.14 (secondary), 2.16-2.17, 2.22, 2.24-2.25, 2.32- 2.36, 2.44 (secondary), and 2.47-2.48. 4.MAR Green Resources LLC; 2.3, 2.5, 2.14-2.15, 2.19, 2.23, 2.30, 2.41 and 2.44. 5.SiteOne Landscape Supply; 2.1-2.2, 2.5 (secondary), 2.13, 2.14-2.15 (secondary) 2.17-2.18, 2.20, 2.22, 2.24-2.29, 2.30 (secondary), 2.31-2.36, 2.39, 2.44 (secondary), 2.46, and 2.47-2.48 (secondary). Category 3 - Pesticides and Insecticides 1.Harrell's, LLC; 3.4. 2.Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group; 3.2-3.4, and 3.8- 3.13. 3.Howard Fertilizer & Chemical LLC; 3.4-3.5 and 3.7. 4.SiteOne Landscape Supply; 3.1, 3.4, 3.6 and 3.14. Category 4 - Fertilizer 1.Howard Fertilizer & Chemical LLC; 4.2, 4.4, 4.12, 4.14-4.17, 4.19-4.20, 4.22 and 4.26. Page 1 City of Clearwater Printed on 2/14/2025 File Number: ID#25-0052 2.SiteOne Landscape Supply; 4.1, 4.2 (secondary), 4.3, 4.4 (secondary), 4.5-4.11, 4.13-4.14, 4.18, 4.19 -4.20 (secondary), 4.21, 4.23-4.25, and 4.27. Category 5 - Related Products (Misc.) 1.Harrell's, LLC; 5.4 (secondary). 2.Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group; 5.1, and 5.7-5.8. 3.Howard Fertilizer & Chemical LLC; 5.4. 4.SiteOne Landscape Supply; 5.2-5.3, 5.5-5.6 and 5.9. Category 6 -Catalogue and Pick up Discount 1.No award. Category 7 - Insecticide with application 1.Howard Fertilizer & Chemical LLC; 7.1. This contract will be used for parks and recreational facilities. The Parks & Recreation Department estimates the annual expense of this contract at $175,000 for the initial term of March 1, 2025 through September 30, 2025 and $300,000 per year for the two one-year renewal options from Parks & Recreation funding with. The Parks & Recreation Department will ensure that all requirements, including any applicable provision of insurance, will be met. APPROPRIATION CODE AND AMOUNT: Funding will come from a variety of general fund cost centers; primarily from, parks & beautification (0101860) and athletic maintenance (0101880) codes, as well as various Capital Improvement Project codes (M2204, M2206, M2207). The Parks and Recreation department and these capital projects are funded by General Fund revenues. USE OF RESERVE FUNDS: N/A STRATEGIC PRIORITY: Approval of the purchase order supports several Strategic Plan Objectives, including: ·1.2: Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts; ·2.3: Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events; and ·3.2: Preserve community livability through responsible development standards, proactive code compliance, and targeted revitalization. Page 2 City of Clearwater Printed on 2/14/2025 1) Harrell's LLC 2) Heritage Landscape Supply Group, Inc. 5105 New Tampa Hwy dba Heritage Professional Products Group Lakeland, FL 33815 7440 State Highway 121 800-282-8007 McKinney, TX 75070 207-606-9119 3) Howard Fertilizer & Chemical LLC 4) MAR Green Resources LLC 8306 S. Orange Ave.9314 Forest Hill Blvd. Ste. 638 Orlando, FL 32809 Wellington, FL 33411 407-855-1841 561-714-6250 5) Siteone Landscape Supply 1385 East 36th St. Cleveland, OH 44114 ADVERTISED: TAMPA BAY TIMES August 7, 2024 POSTED:myclearwater.com August 5, 2024 - September 5, 2024 FOR THE CITY OF CLEARWATER Due/Opening: September 5, 2024; 10:00 a.m. INVITATION TO BID No. 55-24 Herbicides, Pesticides and Related Products Solicitation Response Listing v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4630 INVITATION TO BID #55-24 Herbicides, Pesticides and Related Products August 5, 2024 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, September 5, 2024, to provide Herbicides, Pesticides and Related Products. Brief Description: The City of Clearwater Parks and Recreation Department is soliciting bids to secure a vendor(s) to supply and deliver herbicides, pesticides and related products for Parks Beautification Infrastructure (PBI) and Athletic Field Maintenance Divisions. The purpose of this bid to establish an as- needed term contract for herbicides, pesticides and related products to be ordered on as needed basis. Bids 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. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Krissie Cook Procurement Analyst Kristina.Cook@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Herbicides, Pesticides and Related Products 2 ITB #55-24 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 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 bid. 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 bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: September 5, 2024 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids 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 bid 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, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); INSTRUCTIONS Herbicides, Pesticides and Related Products 3 ITB #55-24 certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Bidders may mail or hand-deliver bids 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 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder 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. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. 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 bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 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. 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.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 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 INSTRUCTIONS Herbicides, Pesticides and Related Products 4 ITB #55-24 preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, 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 bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid 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 bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid 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 the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter 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 bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder 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 INSTRUCTIONS Herbicides, Pesticides and Related Products 5 ITB #55-24 acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy 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.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 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 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Herbicides, Pesticides and Related Products 6 ITB #55-24 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder 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: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times 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 bidder’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) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder 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 bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: August 5, 2024 Advertise Tampa Bay Times: August 7, 2024 Bids due: September 5, 2024 Review bids: September 5, 2024 – September 13, 2024 Award recommendation: September 13, 2024 Council authorization: September 2024 Contract begins: October 2024 STANDARD TERMS AND CONDITIONS Herbicides, Pesticides and Related Products 7 ITB #55-24 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”, “City, Clearwater”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, executive orders, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Herbicides, Pesticides and Related Products 8 ITB #55-24 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor 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”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor 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. Contractor and Contractor’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. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’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 Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Herbicides, Pesticides and Related Products 9 ITB #55-24 S.13 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, the Contractor executing this Agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, Phone: 727-444-7151 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Contractor agrees to comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency” in this section) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and STANDARD TERMS AND CONDITIONS Herbicides, Pesticides and Related Products 10 ITB #55-24 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 contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’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 law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written STANDARD TERMS AND CONDITIONS Herbicides, Pesticides and Related Products 11 ITB #55-24 assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST. The City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. STANDARD TERMS AND CONDITIONS Herbicides, Pesticides and Related Products 12 ITB #55-24 a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. d. Nothing contained herein in 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 by the City to be sued by third parties. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. S.27 CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. STANDARD TERMS AND CONDITIONS Herbicides, Pesticides and Related Products 13 ITB #55-24 S.32 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.33 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.34 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties. S.35 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Nothing contained herein in 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 by the City to be sued by third parties. S.36 CONTRACT ADMINISTRATION. This Agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding this Agreement will be referred to the administrator for resolution. Supplements may be written to this Agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.37 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.38 COOPERATIVE USE OF CONTRACT. This Agreement may be extended for use by other municipalities, counties, school districts, and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. STANDARD TERMS AND CONDITIONS Herbicides, Pesticides and Related Products 14 ITB #55-24 S.39 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.40 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via electronic mail; (iv) sent via overnight courier; or (v) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.41 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.42 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.43 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.44 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.45 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Herbicides, Pesticides and Related Products 15 ITB #55-24 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on Florida's West Coast and the third-largest city in the Tampa Bay area with a population of approximately 118,904 residents. Clearwater Beach, a renowned international destination in Pinellas County, attracts millions of tourists annually and most recently received the prestigious TripAdvisor Traveler’s Choice Award for 2024. It consistently ranks among the top vacation spots in both national and international publications, offering year-round attractions such as pristine "sugar sand" beaches, diverse dining options, and venues like the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. The acclaimed Clearwater Marine Aquarium, nationally recognized for its innovative work in marine rescue, rehabilitation, and release, remains a major draw for visitors. The City of Clearwater is committed to advancing sustainability through eco-friendly initiatives that enhance our economy, safeguard our environment, and fortify our community. 2. SCOPE OF WORK. The City of Clearwater Parks and Recreation Department is seeking qualified vendor(s) to supply and deliver herbicides, pesticides and related products for Parks Beautification Infrastructure (PBI) and Athletic Field Maintenance Divisions on an as-needed basis. Selected Vendor(s) shall provide all materials and vehicles necessary to deliver herbicides, pesticides and related products. Estimated annual usage by unit is indicated on Exhibit A - Bid Pricing Sheet. When estimated quantities or usages are provided by the City in this solicitation there is no guarantee made by the City that these quantities shall be purchased. The quantities are for the vendor(s) information only and the City shall be bound only for the actual quantities ordered on an as needed basis. • Exhibit A - Bid Pricing Sheet shall be submitted in excel form with bid submittal 3. VENDOR RESPONSIBILITY. • Vendor(s) shall furnish all supervision, labor, equipment/vehicles, materials, tools, PPE, travel, fuel, machinery, transportation necessary to accomplish the tasks completely as specified herein at the Vendor’s expense. • Vendor(s) shall provide a single point of contact (Account Manager) to administer the requirements set forth in the solicitation. • Vendor shall ensure safety precautions are in existence for employees and all other persons in or around the work area at the Vendor’s site and when delivering materials to any City worksite. • Vendor(s) shall immediately clean up displaced materials, or any dust associated with the transporting or delivery from any other surface area. • Vendor(s) shall bear the responsibility for visiting each location to assess site conditions and the ability to access locations to deliver materials. • Damage to existing facilities, equipment, etc. by the Vendor(s), in the performance of their work, Vendor shall notify the City immediately and shall repair or restore to original condition within two (2) business days. • Vendor’s employees shall be required to wear approved company uniform (shirt/uniform with company name) abide by all company and Occupational Safety and Health Act (OSHA) safety standards and behave in a professional manner while on City properties. • Vendor(s) shall submit product labels and Safety Data Sheets for each product bid, submitted as a PDF file with bid submittal. • Vendor(s) is responsible for delivery and application of Chipco Choice Insecticide (Fipronil). DETAILED SPECIFICATIONS Herbicides, Pesticides and Related Products 16 ITB #55-24 Under Exhibit A – Bid Pricing Sheet, Category 7- Insecticide with application, Item No. 7.1, provide a per acre rate for this application. 4. CITY’S REPONSIBILITY. • A City designee shall meet the Vendor(s) at each site to provide direction for the delivery of goods and open any gates into the site. • The City will provide a designee(s) to work with Account manager to administer the requirements of this solicitation. 5. DELIVERY SPECIFICATIONS/ORDER INFORMATION. • Herbicides, Pesticides and Related Products shall be delivered on an as-needed basis to the following City of Clearwater Parks and Recreation locations: Parks and Beautification Infrastructure (PBI) 510 Pennsylvania Ave. Clearwater, FL 33755 Athletic Field Maintenance 901 N. Saturn Ave Clearwater, FL 33755 Days of Operation Hours of Operation Monday through Friday 7:00 am to 2:00 pm Saturdays, Sundays and Holidays Closed • On Occasion, the City may require deliveries be made to a designated project site within the Clearwater City limits. Prior arrangements will be made between the City and the Vendor(s) for such occasions. • Vendor(s) shall make deliveries within three (3) to five (5) business days of request, unless alternate arrangements have been mutually agreed upon with the City and Vendor(s). Consistent delays shall be treated as non-performance of contract and may be deemed a breach of contract that leads to termination. • All other materials shall be removed from delivery vehicle by Vendor(s) and properly placed at the designated location and/or job site. If necessary, on occasion the City may off load material with prior notice from the Vendor(s). • If for any reason, the Vendor(s) cannot meet the designated delivery (i.e., equipment breakdown, weather, lack of personnel, unforeseen emergency; etc.), the Vendor(s) shall notify the City immediately, via phone call, or e-mail. • Vendor(s) shall respond to the City representative(s) order request within twenty-four (24) hours, acknowledging receipt of an order and shall indicate estimated delivery dates and any issues or delays with the order. 6. COMMUNICATIONS. • Vendor(s) shall respond via phone call or e-mail within one (1) hour of notification, Monday through Friday, 7:00 a.m. to 2:00 p.m. 7. VEHICLES/EQUIPMENT. DETAILED SPECIFICATIONS Herbicides, Pesticides and Related Products 17 ITB #55-24 • All Vendor(s) vehicles on City properties must have their company name and telephone number visible. Vendor(s) shall keep all vehicles clean, in good repair and free from leaking fluids. 8. MATERIAL PICK-UP SPECIFICATIONS. • On occasion, City staff may request to pick-up products from the Vendor’s site.  Under Exhibit A – Bid Pricing Sheet, Category 6 – Catalog and Pick-up Discount, Item No. 6.7, specify the percentage discount offered if the city picks up the material from the Vendor(s) facility. • Vendor shall provide equipment and an operator to load material into City’s trucks or trailers. 9. SUBSTITUTIONS AND PROVEN EQUIVALENTS. Should the Vendor(s) wish to use any brand of material other than as specified in Exhibit A - Bid Pricing Sheet, Vendor(s) shall submit any SUBSTITUTIONS AND PROVEN EQUIVALENTS with bid submittal under the EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA on page 23 of this solicitation. At time of bid submittal and at any time during the contract term, a complete descriptive literature naming the proposed substitution and manufacturer for the City to review is required. The City reserves the sole right to determine if a product is equal for its use. 10. INVOICING. The Vendor(s) shall furnish the City representative with complete itemized invoices items delivered. The invoices shall contain, but not limited to the following information: • Company Name, Address and Contact • City Bill to Name and Contact Information • City Contract # • Invoice Number and Date • Description of Purchase and Pricing Per Unit • Total Amount Due 11. QUALITY ASSURANCE. Prior to award, and at any time during the contract period upon request by the City, the Vendor(s) shall provide samples of materials as outlined in this Bid to the City to ensure that products meet or exceed City standards. 12. ALL INCLUSIVE PRICING. All-inclusive pricing shall include but not limited to labor, equipment, material, tools, incidentals, and any other related service(s) and/or charge(s) that are necessary to complete the work outlined in this solicitation. There shall be no additional charges for mobilization, demobilization, equipment transport, fuel, fuel surcharges, disposal fees/increases, travel time, wait time, labor or insurance charges/increases, or any other charge not listed. 13. CHANGES IN SCOPE OF WORK. • The City reserves the right to make changes as deemed necessary in the scope of work at any time during the term of the contract. Changes include, but are not limited to the following:  Increase or decrease in quantities of work.  Deletion or alteration of any portion of the work.  Changes in design or specification; and addition of new work. • Any changes to the scope of work shall be mutually agreed upon by both City designee and Vendor(s). Work not approved by the City will be the responsibility of the Vendor(s). 14. REFERENCES. Vendor shall provide with bid a minimum of three (3) customer references for which the Vendor has performed similar services in the last five (5) years with bid submittal. DETAILED SPECIFICATIONS Herbicides, Pesticides and Related Products 18 ITB #55-24 15. INSURANCE REQUIREMENTS. The Vendor 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 Vendor 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, 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. d. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. 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 Vendor 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” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor 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: DETAILED SPECIFICATIONS Herbicides, Pesticides and Related Products 19 ITB #55-24 City of Clearwater Attn: Procurement Division, ITB #55-24 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor 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 City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Herbicides, Pesticides and Related Products 20 ITB #55-24 1. BEGINNING AND END DATE OF INITIAL TERM. October 2024 – September 2025 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. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rest solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewal is possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year, except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve months change in the Producer Price Index for 06530107, Lawn and garden pesticides and chemicals, All items Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Herbicides, Pesticides and Related Products 21 ITB #55-24 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Completed Exhibit A – Bid Pricing Sheet Exceptions/Additional Materials/Addenda form • If applicable, Vendor(s) shall include any substitutions to the category type as listed under Exhibit A – Bid Pricing Sheet to be reviewed by the City (Reference Detailed Specifications, 9. Substitutions and Proven Equivalents, page 17 of the solicitation) Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three customer (3) references PDF of Product labels and Safety Data Sheets W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Herbicides, Pesticides and Related Products 22 ITB #55-24 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Herbicides, Pesticides and Related Products to the City of Clearwater at the price(s) stated on Exhibit A - Bid Pricing Sheet. Exhibit A - Bid Pricing Sheet shall be submitted in excel format with bid submittal and should not be altered. Pricing shall be all inclusive, to include but not limited to material pricing, delivery and labor necessary to complete the contracted work. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: • City of Clearwater’s standard payment terms are NET30 • Electronic Funds Transfer (EFT) / Automated Clearing House (ACH Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Herbicides, Pesticides and Related Products 23 ITB #55-24 Bidders shall indicate any and all exceptions taken to the provisions or specifications 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): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid 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 bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name: Date: ____ VENDOR INFORMATION Herbicides, Pesticides and Related Products 24 ITB #55-24 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 bid: 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. SCRUTINIZED COMPANIES FORM Herbicides, Pesticides and Related Products 25 ITB #55-24 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; and 2. 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; and 3. “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; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ 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 SCRUTINIZED COMPANIES FORM Herbicides, Pesticides and Related Products 26 ITB #55-24 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; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized 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 E-VERIFY ELIGIBILITY FORM Herbicides, Pesticides and Related Products 27 ITB #55-24 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 Subcontractors knowingly 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 OFFER CERTIFICATION Herbicides, Pesticides and Related Products 28 ITB #55-24 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: REFERENCES Herbicides, Pesticides and Related Products 29 ITB #55-24 Instructions: Vendor shall provide with bid a minimum of three (3) customer references for which the Vendor has performed similar services in the last five (5) years. Complete and return with bid submittal. Reference letters are highly encouraged and should accompany this form. Reference # 1 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 2 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Reference # 3 Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Email: Phone: Fax: Notes: Vendor Name: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Herbicides, Pesticides and Related Products 30 ITB #55-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #55-24, Herbicides, Pesticides and Related Products Due Date: September 5, 2024, at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #55-24, Herbicides, Pesticides and Related Products Due Date: September 5, 2024, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 01/27/25 REVISED NOTICE OF INTENT TO AWARD Parks and Recreation Department and the Procurement Division recommend award of ITB No. 55- 24, Herbicides, Pesticides and Related Products, to the lowest most responsible bidder, in accordance with the bid specifications, in the estimated annual amount of $300,000, for the initial term March 1, 2025 – September 30, 2025 with two (2), one (1) year renewal options. Category 1- Fungicides: • Harrell’s LLC 1.2 • Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group 1.1-1.3, 1.6-1.7, 1.11 and 1.13 • Howard Fertilizer & Chemical LLC 1.2 and 1.12 • SiteOne Landscape Supply 1.2, 1.4-1.5, and 1.8-1.9 Category 2- Herbicides: • Harrell’s LLC 2.1-2.2, 2.5 (secondary), 2.17, 2.20, 2.22, 2.23 (secondary) 2.24-2.25, 2.32-2.36, 2.39, and 2.44 (secondary) • Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group 2.1-2.2, 2.3 (secondary), 2.4, 2.6, 2.8-2.12, 2.14 (secondary), 2.17, 2.19 (secondary), 2.20- 2.21, 2.24-2.25, 2.32-2.34, 2.36-2.40, 2.41 (secondary), 2.42- 2.43, 2.44 (secondary), 2.45, and 2.49-2.50 • Howard Fertilizer & Chemical LLC 2.1-2.2, 2.7, 2.14 (secondary), 2.16-2.17, 2.22, 2.24-2.25, 2.32-2.36, 2.44 (secondary), and 2.47-2.48 • MAR Green Resources LLC 2.3, 2.5, 2.14-2.15, 2.19, 2.23, 2.30, 2.41 and 2.44 • SiteOne Landscape Supply 2.1-2.2, 2.5 (secondary), 2.13, 2.14-2.15 (secondary) 2.17-2.18, 2.20, 2.22, 2.24-2.29, 2.30 (secondary), 2.31-2.36, 2.39, 2.44 (secondary), 2.46, and 2.47-2.48 (secondary) Category 3- Pesticides and Insecticides: • Harrell’s LLC 3.4 • Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group 3.2-3.4, and 3.8-3.13 • Howard Fertilizer & Chemical LLC 3.4-3.5 and 3.7 • SiteOne Landscape Supply 3.1, 3.4, 3.6 and 3.14 Category 4- Fertilizers: • Howard Fertilizer & Chemical LLC 4.2, 4.4, 4.12, 4.14-4.17, 4.19-4.20, 4.22 and 4.26 • SiteOne Landscape Supply 4.1, 4.2 (secondary), 4.3, 4.4 (secondary), 4.5-4.11, 4.13-4.14, 4.18, 4.19-4.20 (secondary), 4.21, 4.23-4.25, and 4.27 Category 5- Related Products (Misc): • Harrell’s LLC 5.4 (secondary) • Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group 5.1, and 5.7-5.8 • Howard Fertilizer & Chemical LLC 5.4 • SiteOne Landscape Supply 5.2-5.3, 5.5-5.6 and 5.9 Category 6- Catalog and Pick up Discount: • No Award Category 7- Insecticide with application: • Howard Fertilizer & Chemical LLC 7.1 This Award recommendation will be considered by the City Council at the February 20, 2025, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst at (727) 444-8510, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Krissie Cook Krissie Cook Procurement Analyst CITY OF CLEARWATER Substituted Item - unable to use ITB 55-24, Herbicides, Pesticides and Related Products Low Bid Substiuted Item - able to use Back up award for substitutions DUE DATE: September 5, 2024; 10:00 AM Low bid for item BID TABULATION Low bid for item (updated bid price) Item No Description Estimated Annual Quantities UOM Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1.1 Cleary's 3336F, 2.5 Gallon Container Each 4 EA no bid no bid 276.21$ 1,104.84$ 324.13$ 1,296.52$ 160.00$ 640.00$ 299.89$ 1,199.56$ 1.2 Exterris, 2.5 Gallon 24 EA 366.00$ 8,784.00$ 366.00$ 8,784.00$ 366.00$ 8,784.00$ no bid no bid 366.00$ 8,784.00$ 1.3 Caravan G 30 lb Bag Each 80 EA 71.50$ 5,720.00$ 52.11$ 4,168.80$ 58.12$ 4,649.60$ 68.00$ 5,440.00$ 58.46$ 4,676.80$ 1.4 Eagle 20EW 64oz Container Each 4 EA no bid no bid no bid no bid 176.79$ 707.16$ no bid no bid 127.56$ 510.24$ 1.5 Propiconazole 14.3 Generic Banner Maxx 1 Gallon Each 4 EA no bid no bid 119.54$ 478.16$ 255.00$ 1,020.00$ no bid no bid 67.46$ 269.84$ 1.6 Headway G 30 lb Bag Each 30 EA 65.00$ 1,950.00$ 47.51$ 1,425.30$ 52.99$ 1,589.70$ 65.00$ 1,950.00$ 52.45$ 1,573.50$ 1.7 Pillar G Intrinsic Fungicide 30 lb Each 30 EA 117.00$ 3,510.00$ 81.77$ 2,453.10$ 101.14$ 3,034.20$ 115.00$ 3,450.00$ 98.75$ 2,962.50$ 1.8 T-Methyl ProtectMax 2.5 Gallon Each 2 EA 240.00$ 480.00$ no bid no bid 127.35$ 254.70$ 160.00$ 320.00$ 106.49$ 212.98$ 1.9 T Methyl 2.08% Granlar 30 lb Bag Each 30 EA no bid no bid no bid no bid no bid no bid no bid no bid 39.49$ 1,184.70$ 1.11 Strobe, 30 lb Bag 2 EA 65.00$ 130.00$ 42.40$ 84.80$ 52.99$ 105.98$ no bid no bid 51.46$ 102.92$ 1.12 Myclobutanil, 2.5 Gallon 2 EA no bid no bid no bid no bid 176.79$ 353.58$ no bid no bid no bid no bid 1.13 Zerotol, 2.5 Gallon 2 EA no bid no bid 74.50$ 149.00$ 93.95$ 187.90$ no bid no bid 99.86$ 199.72$ 2.1 Barricade 4FL, 1 Gallon Container Each 6 EA 166.50$ 999.00$ 166.50$ 999.00$ 166.50$ 999.00$ no bid no bid 166.50$ 999.00$ 2.2 Celsius WG, 10 oz Bottle 130 EA 128.40$ 16,692.00$ 128.40$ 16,692.00$ 128.40$ 16,692.00$ no bid no bid 128.40$ 16,692.00$ 2.3 Certainty, 1.3 oz Bottle 190 EA 95.00$ 18,050.00$ 71.22$ 13,531.80$ 97.85$ 18,591.50$ 68.00$ 12,920.00$ 86.46$ 16,427.40$ 2.4 Daconil Weatherstik, 2.5 Gallon Container Each 1 EA 210.00$ 210.00$ 157.50$ 157.50$ 210.00$ 210.00$ no bid no bid 210.00$ 210.00$ 2.5 Dismiss Turf Herb, 64 oz Bottle 6 EA 200.00$ 1,200.00$ 277.17$ 1,663.02$ 356.25$ 2,137.50$ 165.00$ 990.00$ 200.00$ 1,200.00$ 2.6 Dismiss Southern Herb, 1 Pint Bottle 24 EA no bid no bid 142.90$ 3,429.60$ 165.03$ 3,960.72$ 145.00$ 3,480.00$ 196.86$ 4,724.64$ 2.7 Droplet Landing Zone (DLZ), 2.5 Gallon bottle 20 EA no bid no bid no bid no bid 124.88$ 2,797.60$ no bid no bid no bid no bid 2.8 Drive xlr8, .5 Gallon Container Each 5 EA no bid no bid 46.62$ 233.10$ 53.05$ 265.25$ 48.00$ 240.00$ 53.46$ 267.30$ 2.9 Element 3A, 2.5 Gallon Container Each 4 EA no bid no bid 119.58$ 478.32$ no bid no bid no bid no bid -$ -$ 2.10 Element 4, 2.5 Gallon Container Each 4 EA no bid no bid 148.25$ 593.00$ 253.59$ 1,014.36$ no bid no bid -$ -$ 2.11 Fusilade II T&O, 1 qt Bottle 18 EA 98.00$ 1,764.00$ 76.63$ 1,379.34$ 85.47$ 1,538.46$ no bid no bid 92.46$ 1,664.28$ 2.12 Garlon 3A, 2.5 Gallon Container Each 4 EA no bid no bid 147.48$ 589.92$ no bid no bid no bid no bid 229.46$ 917.84$ 2.13 Image 70 DG, 11.43 oz Bottle 8 EA no bid no bid no bid no bid 169.93$ 1,359.44$ no bid no bid 159.46$ 1,275.68$ 2.14 Kerb SC, 2.5 Gallon Container Each 6 EA no bid no bid 780.00$ 4,680.00$ 780.00$ 4,680.00$ 700.00$ 4,200.00$ 780.00$ 4,680.00$ 2.15 MetSulfuron, 2 oz Bottle 10 EA no bid no bid 24.59$ 245.90$ 25.50$ 255.00$ 7.00$ 70.00$ 18.89$ 188.90$ 2.16 Panoramic, 1 Gallon Container Each 20 EA no bid no bid 117.39$ 2,347.80$ 101.12$ 2,022.40$ no bid no bid 129.86$ 2,597.20$ 2.17 Revolver, 87 oz. Bottle 10 EA 758.00$ 7,580.00$ 758.00$ 7,580.00$ 758.00$ 7,580.00$ no bid no bid 758.00$ 7,580.00$ 2.18 Rodeo (Dow Agrosience), 2.5 Gallon Container Each 6 EA no bid no bid no bid no bid no bid no bid no bid no bid 72.86$ 437.16$ 2.19 Sedgehammer, 1.3 oz Bottle 16 EA 70.00$ 1,120.00$ 45.65$ 730.40$ 54.18$ 866.88$ 38.02$ 608.32$ 46.45$ 743.20$ 2.20 Speedzone Southern (PBI Gordon), 2.5 Gallon container 8 EA 180.00$ 1,440.00$ 180.00$ 1,440.00$ 182.50$ 1,460.00$ no bid no bid 180.00$ 1,440.00$ 2.21 Trimec Classic, 2.5 Gallon Container Each 6 EA no bid no bid 131.80$ 790.80$ 142.86$ 857.16$ no bid no bid 138.46$ 830.76$ 2.22 Tribute, 6 oz Bottle 6 EA 413.60$ 2,481.60$ no bid no bid 413.60$ 2,481.60$ no bid no bid 413.60$ 2,481.60$ 2.23 Tenactiy, 1 Gallon Container Each 7 EA 831.50$ 5,820.50$ 915.50$ 6,408.50$ 915.50$ 6,408.50$ 170.00$ 1,190.00$ 915.50$ 6,408.50$ 2.24 Specticale FLO, 1 Gallon 4 EA 1,968.40$ 7,873.60$ 1,968.40$ 7,873.60$ 1,968.40$ 7,873.60$ no bid no bid 1,968.40$ 7,873.60$ 2.25 Manuscript With Adigor Adjuvant Pack (I Gallon.)6 EA 970.00$ 5,820.00$ 970.00$ 5,820.00$ 970.00$ 5,820.00$ no bid no bid 970.00$ 5,820.00$ 2.26 Lesco Methylated Seed Oil (MSO) 1 Gallon 4 EA no bid no bid no bid no bid 60.00$ 240.00$ no bid no bid 37.60$ 150.40$ 2.27 Lesco Three-Way Selective Post Emergent Liquid Herbicide 2.5 Gallon 43 EA no bid no bid no bid no bid 66.05$ 2,840.15$ 85.00$ 3,655.00$ 63.46$ 2,728.78$ 2.28 Lesco Tracker Max Spray Indicator Dye Blue 32 oz 26 EA no bid no bid no bid no bid 19.56$ 508.56$ no bid no bid 18.76$ 487.76$ 2.29 Lesco Triclopyr 4 Ester Post Emergent Liquid Herbicide 2.5 Gallon 2 EA no bid no bid no bid no bid 253.59$ 507.18$ no bid no bid 158.94$ 317.88$ 2.30 Lesco Quin-Way 1.5L Post Emergent Liquid Herbicide 64 oz 6 EA no bid no bid no bid no bid 53.05$ 318.30$ 48.00$ 288.00$ 199.56$ 1,197.36$ 2.31 Atrazine 4L Post Emergent Liquid Herbicide (RUP) 2.5 Gallon 2 EA 75.00$ 150.00$ no bid no bid 64.10$ 128.20$ no bid no bid 44.76$ 89.52$ 2.32 Celsius Post Emergent Water Dispersible Granule Herbicide 10 oz. (Agency) 10 oz 30 EA 128.40$ 3,852.00$ 128.40$ 3,852.00$ 128.40$ 3,852.00$ no bid no bid 128.40$ 3,852.00$ 2.33 Specticle Flo Pre Emergent Liquid Herbicide Agency) 18 oz 4 EA 315.60$ 1,262.40$ 315.60$ 1,262.40$ 315.60$ 1,262.40$ no bid no bid 315.60$ 1,262.40$ 2.34 Tribute Total Non Selective Water Dispersible Granule Herbicide (Agency) 6 oz 6 EA 413.60$ 2,481.60$ 413.60$ 2,481.60$ 413.60$ 2,481.60$ no bid no bid 413.60$ 2,481.60$ 2.35 Tribute Total WDG Post Emergent Herbicide (Agency) 6 oz 9 EA 413.60$ 3,722.40$ no bid no bid 413.60$ 3,722.40$ no bid no bid 413.60$ 3,722.40$ 2.36 Primo Max 1 Gallon Container Each 1 EA 317.00$ 317.00$ 317.00$ 317.00$ 317.00$ 317.00$ 3,900.00$ 3,900.00$ 317.00$ 317.00$ 2.37 Round up pro max 30 Gallon Drum Each 8 EA no bid no bid 658.74$ 5,269.92$ 1,081.61$ 8,652.88$ no bid no bid 1,009.98$ 8,079.84$ 2.38 Cutless Growth regulator .33G 40 lb Bag Each 50 EA no bid no bid 250.40$ 12,520.00$ 309.68$ 15,484.00$ no bid no bid 276.86$ 13,843.00$ Harrell's, LLC Category 1 - Fungicides Category 2 - Herbicides Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group Howard Fertilizer & Chemical LLC MAR Green Resources LLC SiteOne Landscape Supply Item No Description Estimated Annual Quantities UOM Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Harrell's, LLC Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group Howard Fertilizer & Chemical LLC MAR Green Resources LLC SiteOne Landscape Supply 2.39 Atrimmec PGR 1 Gallon Container 12 EA 387.00$ 4,644.00$ 387.00$ 4,644.00$ 403.00$ 4,836.00$ no bid no bid 387.00$ 4,644.00$ 2.40 Plateau 1 Gallon Container Each 20 EA 185.00$ 3,700.00$ 135.92$ 2,718.40$ 148.87$ 2,977.40$ no bid no bid 139.86$ 2,797.20$ 2.41 Dismiss Herbicide NXT 6oz Bottle 12 EA 105.20$ 1,262.40$ 64.57$ 774.84$ 490.00$ 5,880.00$ 40.00$ 480.00$ 92.00$ 1,104.00$ 2.42 Prodiamine 4L Herbicide 2.5 Gallon container Each 8 EA no bid no bid 166.80$ 1,334.40$ 211.76$ 1,694.08$ no bid no bid 198.76$ 1,590.08$ 2.43 Bassagran T&O 1 Gallon Each 12 EA 90.00$ 1,080.00$ 52.11$ 625.32$ 63.75$ 765.00$ no bid no bid 58.86$ 706.32$ 2.44 Dimension 2 EW 2.5 Gallon Each 6 EA 613.00$ 3,678.00$ 613.00$ 3,678.00$ 613.00$ 3,678.00$ 525.00$ 3,150.00$ 613.00$ 3,678.00$ 2.45 Quincloric, 1 lb. Bag 2 EA no bid no bid 39.08$ 78.16$ no bid no bid 55.00$ 110.00$ 49.89$ 99.78$ 2.46 Lesco Tracker MAX Spray Indicator Dye Blue 2.5 Gallons 4 EA no bid no bid no bid no bid 129.59$ 518.24$ no bid no bid 18.76$ 75.04$ 2.47 Surepyc 1 Gallon.4 EA no bid no bid no bid no bid 93.00$ 372.00$ no bid no bid 387.00$ 1,548.00$ 2.48 Princep 2.5 Gallon.5 EA 93.00$ 465.00$ no bid no bid 74.06$ 370.30$ no bid no bid 74.86$ 374.30$ 2.49 Diquat 1 Gallon.4 EA no bid no bid 53.26$ 213.04$ 113.95$ 455.80$ no bid no bid 68.85$ 275.40$ 2.50 Pennant Magnum 1 Gallon.11 EA 300.00$ 3,300.00$ 230.91$ 2,540.01$ 251.68$ 2,768.48$ 265.00$ 2,915.00$ 258.86$ 2,847.46$ 3.1 Top Choice, 50 lb Bag 40 EA 90.00$ 3,600.00$ -$ -$ 78.32$ 3,132.80$ 77.00$ 3,080.00$ 69.86$ 2,794.40$ 3.2 Advion, Granular, 25 lb Bag 4 EA 105.00$ 420.00$ 70.11$ 280.44$ 76.79$ 307.16$ no bid no bid 84.47$ 337.88$ 3.3 Bifen XTS Insecticide 1 Gallon 10 EA 175.00$ 1,750.00$ 122.88$ 1,228.80$ 141.48$ 1,414.80$ 160.00$ 1,600.00$ 123.27$ 1,232.70$ 3.4 Triple Crown Turf and Ornamental Insecticide (Agency) 1 Gallon 9 EA 338.00$ 3,042.00$ 338.00$ 3,042.00$ 338.00$ 3,042.00$ no bid no bid 338.00$ 3,042.00$ 3.5 Acephate 97UP, 10 lb Bag 6 EA 100.00$ 600.00$ -$ -$ 92.11$ 552.66$ 95.00$ 570.00$ 109.30$ 655.80$ 3.6 Insecticide, Fire Ant, Amdro, 25lb Bag (65736)60 EA 666.27$ 39,976.20$ 475.00$ 28,500.00$ 530.23$ 31,813.80$ no bid no bid 323.86$ 19,431.60$ 3.7 Bait Station, Rats, 6/CS Package 6 EA no bid no bid 13.34$ 80.04$ 12.96$ 77.76$ no bid no bid no bid no bid 3.8 Aloft LC G Insecticide 30lb Bag Each 240 EA no bid no bid 58.54$ 14,049.60$ 69.00$ 16,560.00$ no bid no bid 69.00$ 16,560.00$ 3.9 Aloft LC SC 64oz Container Each 6 EA no bid no bid 515.75$ 3,094.50$ 655.60$ 3,933.60$ no bid no bid 655.60$ 3,933.60$ 3.10 Taurus Trio G Granular 30 lb Bag Each 60 EA 72.00$ 4,320.00$ 46.96$ 2,817.60$ 72.00$ 4,320.00$ no bid no bid 72.00$ 4,320.00$ 3.11 Safari 20SG 3lb container Each 4 EA no bid no bid 293.46$ 1,173.84$ 397.20$ 1,588.80$ no bid no bid 397.20$ 1,588.80$ 3.12 Dylox 6.2 Granular 30 lb Bag 62 EA 64.50$ 3,999.00$ 47.09$ 2,919.58$ 51.95$ 3,220.90$ 66.00$ 4,092.00$ 54.86$ 3,401.32$ 3.13 Dylox 420 SL T&O 2.5 Gallon Container Each 4 EA no bid no bid 214.61$ 858.44$ 236.76$ 947.04$ 305.00$ 1,220.00$ 246.46$ 985.84$ 3.14 Crosscheck 1 Gallon 2 EA no bid no bid no bid no bid 42.25$ 84.50$ no bid no bid 35.68$ 71.36$ 4.1 Lesco 21-0-0 water soluable 50 lb bag Each 120 EA no bid no bid no bid no bid 25.41$ 3,049.20$ no bid no bid 18.00$ 2,160.00$ 4.2 Lesco Palm & Tropical Ornamental Fertilizer 8-2-12 CRNPK Kieserite Micros L&O 50 lb.120 EA no bid no bid no bid no bid 29.26$ 3,511.20$ no bid no bid 32.55$ 3,906.00$ 4.3 Lesco 18-0-10 Dimension .21% Plus Fertilizer 120 EA no bid no bid no bid no bid 27.00$ 3,240.00$ no bid no bid 26.55$ 3,186.00$ 4.4 Lesco 20-0-10 Atrazine 0.92% Plus Fertilizer 160 EA no bid no bid no bid no bid 16.94$ 2,710.40$ no bid no bid 20.50$ 3,280.00$ 4.5 Lesco 26-0-11 60% NosPlus 25% PolyPlus OPTI45 2Fe 1Mn 1Mn MOP 50 lb.80 EA no bid no bid no bid no bid no bid no bid no bid no bid 29.42$ 2,353.60$ 4.6 Lesco Fertilizer 26-0-11 60% NOS 25% PolyPlus OPTI45 SOP 2Fe 1Mg 1Mn 50 lb.80 EA no bid no bid no bid no bid no bid no bid no bid no bid 29.42$ 2,353.60$ 4.7 Lesco 18-0-10 ALLECTUS® 0.225 Insecticide Plus Fertilizer 80 EA no bid no bid no bid no bid 28.16$ 2,252.80$ no bid no bid 26.40$ 2,112.00$ 4.8 Lesco Fertilizer 13-0-0 Spar-TECH 6Fe 1Mn 2.5 Gallon 12 EA no bid no bid no bid no bid no bid no bid no bid no bid 68.95$ 827.40$ 4.9 Lesco Fertilizer Spar-TECH Micro Mix 2.5 Gallon 12 EA no bid no bid no bid no bid no bid no bid no bid no bid 80.83$ 969.96$ 4.10 Lesco Fertilizer Spar-Tech Bio Iron Plus 3Fe 0.75Mg 0.5Mn Humic / Kelp 2.5 Gallon. 12 EA no bid no bid no bid no bid no bid no bid no bid no bid 79.74$ 956.88$ 4.11 Sulfur Coated 0-0-38 2% Iron, 1% Manganese Fertilizer, Derived from Sulfur Coated Sulfate of Potash, Iron Sucrate, Manganese Oxide 50 lb Bag 200 EA no bid no bid no bid no bid 43.04$ 8,608.00$ no bid no bid 41.50$ 8,300.00$ 4.12 10-20-20 Fertilizer 25% SRN, 1% Magnesium, 1% Iron, Derived from Polymer Coated Urea, Ammonium Phosphate, Muriate of Potash, Iron Sucrate, Sulfate of Potash Magnesium 50 lb Bag 360 EA no bid no bid no bid no bid 19.32$ 6,955.20$ no bid no bid 19.95$ 7,182.00$ 4.13 Dimension .25% Coated 18-0-10 50% SRN Fertilizer, Derived from Urea, Polymer Coated Urea, Muriate of Potash, 50 lb Bag 600 EA no bid no bid no bid no bid no bid no bid no bid no bid 27.25$ 16,350.00$ 4.14 Yara Turf Royale 21-7-14 - 50 lb. Bag 680 EA no bid no bid no bid no bid 28.00$ 19,040.00$ no bid no bid 28.00$ 19,040.00$ 4.15 YaraTropicote Fertilizer 15.5-0-0 Calc Nit - 50 lb. Bag 40 EA no bid no bid no bid no bid 15.75$ 630.00$ no bid no bid 16.50$ 660.00$ 4.16 20-0-10 Fertilizer 50% SRN w/ 1% Ronstar Derived from Urea, Polymer Coated Urea, Sulfate of Potash, 50 lb. Bag 520 EA no bid no bid no bid no bid 38.54$ 20,040.80$ no bid no bid 45.00$ 23,400.00$ 4.17 15-2-8 Granular Fertilizer 75% SRN .55% CA, 2.25% MG, 10.74% Free S., 9.792% Combined, 05% FE., .04% MN., .04% ZN. Derived From Monoammonium Phosphate, Muriate of Potash, Polymer Coated Urea, Sulfate of Ammonium, Calcium Sulfate, Elemental Sulfur, Ferrous Sulfate, Manganese Sulfate, Sulfate of Potash- Magnesia, Zinc Sulfate, 50 lb. Bag 520 EA no bid no bid no bid no bid 18.24$ 9,484.80$ no bid no bid 21.85$ 11,362.00$ 4.18 19-1-10 60% Polyon 44 REG. 50 lb. Bag 120 EA 21.75$ 2,610.00$ no bid no bid no bid no bid no bid no bid 16.75$ 2,010.00$ 4.19 Lesco Fertilizer elite 40% PolyPlus 14-2-14 2.4 FeSucrate 0.9% MgSucrate 2.2% MnSucrate. 50 lb. Bag 50 EA no bid no bid no bid no bid 18.59$ 929.50$ no bid no bid 42.89$ 2,144.50$ 4.20 Lesco Granular Fertilizer 10-15-15 40% PolyPlus OPTI45 2% Fe 2% Mg 2% Mn - 50lb. Bag 6 EA no bid no bid no bid no bid 21.70$ 130.20$ no bid no bid 25.00$ 150.00$ 4.21 ProPlus Chelated Iron Fertilizer 12-0-0 2.5 Gallon.90 EA no bid no bid no bid no bid no bid no bid no bid no bid 22.00$ 1,980.00$ 4.22 Allectus .225% Insecticide Plus Fertilizer 18-0-10 50% SRN. Derived From Polymer Coated Urea, Sulfate of Potash, Ammonium Sulfate 50 lb Bag 320 EA no bid no bid no bid no bid 26.16$ 8,371.20$ no bid no bid 26.40$ 8,448.00$ Category 3 - Pesticides and Insecticides Category 4 - Fertilizer Item No Description Estimated Annual Quantities UOM Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Harrell's, LLC Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group Howard Fertilizer & Chemical LLC MAR Green Resources LLC SiteOne Landscape Supply 4.23 Lesco Fertilizer 18-24-12 25% PolyPlus OPTI45 - 50 lb.Bag 20 EA no bid no bid no bid no bid no bid no bid no bid no bid 21.50$ 430.00$ 4.24 Lesco 0-0-4 Spar-Tech 2.1Mg Fertilizer 2.5 Gallon. (QGCY)4 EA no bid no bid no bid no bid no bid no bid no bid no bid 57.79$ 231.16$ 4.25 AMP XC Granular Enriched Gypsum - 50 lb. Bag 200 EA no bid no bid no bid no bid no bid no bid no bid no bid 19.75$ 3,950.00$ 4.26 Pelletized Gypsum - 50 lb. Bag 400 EA no bid no bid no bid no bid 12.21$ 4,884.00$ no bid no bid 19.25$ 7,700.00$ 4.27 Lesco Fertilizer 13-0-0 Spar Tech 6Fe 1Mn 2.5 Gallon. (QGCY)20 EA no bid no bid no bid no bid no bid no bid no bid no bid 68.95$ 1,379.00$ 5.1 DeFoamer, 1 qt Bottle 36 EA 18.68$ 672.48$ 6.47$ 232.92$ 25.00$ 900.00$ no bid no bid 15.46$ 556.56$ 5.2 Blue Dye Indicator, 2.5 Gallon Container 16 EA 100.00$ 1,600.00$ no bid no bid 129.56$ 2,072.96$ no bid no bid 43.86$ 701.76$ 5.3 Nonionic Spreader Sticker, 1 Gallon Container 10 EA 38.00$ 380.00$ no bid no bid 47.62$ 476.20$ no bid no bid 13.86$ 138.60$ 5.4 RRSI NIS Active Spreader/Sticker, 2.5 Gallon Container 32 EA 80.00$ 2,560.00$ no bid no bid 52.88$ 1,692.16$ no bid no bid no bid no bid 5.5 Methylated Seed Oil, 2.5 Gallon Container 6 EA 90.00$ 540.00$ no bid no bid 60.00$ 360.00$ no bid no bid 48.95$ 293.70$ 5.6 Moisture Manager 2.5 Gallon 12 EA no bid no bid no bid no bid 132.25$ 1,587.00$ no bid no bid 98.76$ 1,185.12$ 5.7 Hydretain ES Plus Granular OC 40lbS Bag 40 EA no bid no bid 50.49$ 2,019.60$ 72.95$ 2,918.00$ 68.00$ 2,720.00$ 58.26$ 2,330.40$ 5.8 Hydretain ES Plus II 2.5 Gallon 16 EA no bid no bid 95.38$ 1,526.08$ 132.25$ 2,116.00$ no bid no bid 98.76$ 1,580.16$ 5.9 Nutra Sol Tank Cleaner 2 lb container 24 EA no bid no bid no bid no bid 15.16$ 363.84$ no bid no bid 9.18$ 220.32$ Item No. Description Percentage Amt 6.1 % off catalog for Category 1: Fungicides 6.2 % off catalog for Category 2: Herbicides 6.3 % off catalog for Category 3: Pesticides and Insecticides 6.4 % off catalog for Category 4: Fertilizers 6.5 % off catalog for Category 5: Related Products (Misc) 6.6 % off catalog for items not listed above 6.7 % off all inclusive pricing shall the City Pick up material from Vendor(s) facility (reference Detailed Specifications, 8. Material Pick-Up Specifications, page 17 of the solicitation) Item No. Description Per acre rate 7.1 Application Chipco Choice Insecticide (Fipronil)- 80 acres estimated annual quanity no bid no bid No Bid No Bid $185.50 per acre Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group Howard Fertilizer & Chemical LLC No Bid $519 per acre Category 7 - Insecticide with applicationDelivery and application services will be needed on an as-needed basis, at various City locations Harrell's, LLC no bid Harrell's, LLC Heritage Landscape Supply Group, Inc. dba Heritage Professional Products Group Howard Fertilizer & Chemical LLC Category 5 - Related Products (Misc.) Category 6 - Catalog and Pick-up Discount MAR Green Resources LLC SiteOne Landscape Supply MAR Green Resources LLC SiteOne Landscape Supply 0%0% Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0058 Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Approve the Joint Participation Agreement (JPA) G3901 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), for the construction of a rotating beacon at the Clearwater Airpark, authorize the appropriate officials to execute same, and adopt Resolution 25-05. SUMMARY: On January 12, 2023, City Council approved the Lease and Property Operating Agreement (Operating Agreement) with FlyUSA to manage the Clearwater Airpark, and subsequently approved the First Amendment to the Lease and Property Operating Agreement on March 7, 2024. As part of the public-private partnership, the City and FlyUSA seek to redevelop Airpark facilities, including the terminal building and additional corporate hangars. In accordance with the Operating Agreement, specifically article 12, the City and FlyUSA agreed in good faith to pursue FDOT funding for certain capital improvement projects that repair, redevelop, and revitalize the Airpark. FlyUSA requested to seek FDOT funding availability for this project. FDOT JPA Agreement G3901 provides for a $110,000.00 grant for the construction of a rotating beacon, with FDOT reimbursing $88,000.00 and the City providing a cash match of $22,000.00. FlyUSA will reimburse the City for the $22,000.00 cash match portion. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will establish capital project G2508, Airpark Beacon, and record a budget of $110,000.00 which represents $88,000.00 in grant revenue and $22,000.00 in reimbursement revenue. All expenditures will be reimbursed by a combination of FDOT and FlyUSA funds. STRATEGIC PRIORITY: High Performing Government 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Economic & Housing Opportunity 2.2 Cultivate a business climate that welcomes entrepreneurship, inspires local investment, supports eco-friendly enterprises, and encourages high-quality job growth. 2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. Page 1 City of Clearwater Printed on 2/14/2025 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 Financial Project Number(s): (item-segment-phase-sequence) Fund(s): DDR FLAIR Category: 088719 454606-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Award Identification Number (FAIN) – Transit only: N/A Org. Code: 55072020728 Vendor Number: VF596000800011 Contract Number: G3901 Federal Award Date: N/A CFDA Number: N/A Agency UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and City of Clearwater, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in Install Rotating Beacon, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit E1: Prohibition Based on Health Care Choices Exhibit E2: Exterior Vehicle Wrap, Tinting, Paint, Marketing and Advertising (Transit) X Exhibit F: Contract Payment Requirements Page 1 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through June 30, 2028. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. Page 2 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: a. The estimated total cost of the Project is $110,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $88,000 and, the Department’s participation in the Project shall not exceed 80.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Page 3 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers. f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. Page 4 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Page 5 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits. b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms Page 6 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors Page 7 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Page 8 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. Page 9 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department’s contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: Page 10 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit@dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as Page 11 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. 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 on a contract to provide any goods or services 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 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 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. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services 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 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. Page 12 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Projects with Non-profit Organizations. Pursuant to Section 216.1366. Florida Statutes, if the Agency is a nonprofit organization as defined in Section 215.97(2)(m), Florida Statutes, the Agency shall provide documentation to indicate the amount of state funds: i. Allocated to be used during the full term of this Agreement for remuneration to any member of the board of directors or an officer of the Agency ii. Allocated under each payment by the Department to be used for remuneration of any member of the board of directors or an officer of the Agency. The documentation must indicate the amounts and recipients of the remuneration. Such information will be posted by the Department to the Florida Accountability Contract Tracking System maintained pursuant to Section 215.985, F.S., and must additionally be posted to the Agency’s website, if the Agency is a non-profit organization and maintains a website. The Agency shall utilize the Department’s Form 350-090-19, Compensation to Non- Profits Using State Funds, for purposes of documenting the compensation. The subject Form is required for every contract for services executed, amended, or extended on or after July 1, 2023, with non-profit organizations. Pursuant to Section 216.1366, F.S., the term: iii. “Officer” means a chief executive officer, chief financial officer, chief operating officer, or any other position performing and equivalent function. iv. “Remuneration” means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, Page 13 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 severance payments, incentive payments, contributions to a retirement plan or in-kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing and meals. v. “State Funds” means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the Federal Government and distributed by the state, or funds appropriated by the state fo distribution through any grant program. The term does not include funds used for the Medicaid program. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department’s or the Agency’s sovereign immunity. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department’s or the Agency’s sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: “To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.” b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include Page 14 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. Page 15 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. Page 16 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10/24 AGENCY City of Clearwater By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Justin Hall Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Martin Hernandez Page 17 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA 01/23/2025 | 11:46 AM EST STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Install Rotating Beacon B. Project Location (limits, city, county, map): Clearwater Air Park/Clearwater, FL/Pinellas C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees; survey and geotechnical costs; construction inspection and material testing costs; mobilization and demobilization; and the purchase, relocation, refurbishment, or upgrade of NAVAIDs. Procurement and installation of new NAVAIDs include purchase, delivery, site work, electrical work, coordination with necessary agencies, permitting, testing, and commissioning of the new NAVAID. The relocation project includes the costs associated with the removal and relocation of said NAVAID; earthwork and electrical work of the new site; restoration of the previous site; coordination with all necessary agencies; permitting; testing, and the commissioning of the relocated NAVAID. Refurbishment, enhancement, and upgrades include the cost of new parts, repairs, modification to the existing NAVAID, permitting, coordination with necessary agencies, testing, and the commissioning of the modified NAVAID. All NAVAID projects include the materials, equipment, labor, and incidentals required to complete a NAVAID project. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 18 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA Page 19 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Management Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 454606-1-94-01 454606-1-94-01 DDR LF 088719 088719 2025 2025 751000 751000 55.004 55.004 Aviation Grant Program Aviation Grant Program $88,000.00 $22,000.00 Total Financial Assistance $110,000.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State % Local % Federal % Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $88,000.00 $22,000.00 $0.00 $110,000.00 80.00 20.00 0.00 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management (Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Totals $88,000.00 $22,000.00 $0.00 $110,000.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Clark Department Grant Manager Name Signature Date Page 20 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design-build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department’s Project Manager, Raymond Clark (email: raymond.clark@dot.state.fl.us) or from an appointed designee. Any construction phase work performed prior to the execution of this required Notice to Proceed is not subject to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department’s Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency’s contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department’s Right of Way. If the Project involves construction on the Department’s right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department’s right-of-way: a. The Agency shall hire a qualified contractor using the Agency’s normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. Page 21 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department’s Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is . e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department’s right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or Page 22 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s property, including but not limited to, the Department’s right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. l. If the Department determines a condition exists which threatens the public’s safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final “walk-through” by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency’s property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the “Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, Page 23 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department’s District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department’s Public Information Office is: Insert District PIO contact info: Legal Review Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer’s Certification of Compliance. The Agency shall complete and submit and if applicable Engineer’s Certification of Compliance to the Department upon completion of the construction phase of the Project. Page 24 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 ENGINEER’S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans for construction on the Department’s Right of Way certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date: Page 25 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 26 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities, and Exhibit “B”, Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department’s continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency’s eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning Page 27 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”) • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions Page 28 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor’s governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor’s property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. Page 29 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. Page 30 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency’s Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA’s priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public-Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. Page 31 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency Page 32 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non-airport, without prior written approval by the Department. These assurances shall not limit the Agency’s right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency’s employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA’s priority system. 3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). Page 33 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State-certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its market value. Page 34 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. Page 35 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement. - End of Exhibit E - Page 36 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 Exhibit E1 PROGRAM SPECIFIC TERMS AND CONDITIONS (Prohibition on Discrimination Based on Health Care Choices) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 339.08, F.S. and Section 381.00316, F.S. 2. Statutory Compliance. Pursuant to Section 339.08, F.S., the Department may not expend state funds to support a project or program of certain entities if the entity is found to be in violation of Section 381.00316, F.S. The Department shall withhold state funds until the entity is found to be in compliance with Section 381.00316, F.S. This shall apply to any of the following entities: a. A public transit provider as defined in s. 341.031(1), F.S.; b. An authority created pursuant to chapter 343, F.S., chapter 348, F.S., or chapter 349, F.S.; c. A public-use airport as defined in s. 332.004, F.S.; or d. A port listed in s. 311.09(1), F.S. – End of Exhibit E1 – Page 37 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Page 38 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 10/24 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~ Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $88,000 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 39 of 39 Docusign Envelope ID: 5908CBBF-BD32-42A2-B0EF-D2973B3DD9FA RESOLUTION NO 25-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR A GRANT TO CONSTRUCT A ROTATING BEACON AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to a grant to provide funding for Construction of a Rotating Beacon at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 454606-1-94-01, Contract No.: G3901 (the Agreement), a copy of which is attached hereto as Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, at the Clearwater Airpark, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this _______ day of _____________, 2025. ____________________________ Bruce Rector. Mayor Approved as to form: Attest: __________________________ _____________________________ Melissa Isabel Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0091 Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Authorize a purchase order to Environmental Systems Research Institute, Inc. (ESRI) of Redlands, CA for the renewal of the City’s mapping and land management software licensing and maintenance in the amount of $285,900.00 for the term beginning February 26, 2025 through February 25, 2028, pursuant to City Code 2.563 (1)(d), Non-competitive purchases (Impractical), and authorize the appropriate officials to execute same. SUMMARY: ESRI is the City’s Geographic Information System (GIS) and supports all spatial data sets, including property management, utility assets, and all city maintained public infrastructure. This product is used by all city departments and county and state agencies in our service region. The renewal agreement spans a three-year term with the following costs: ·Year 1 (02/26/2025 - 02/25/2026): $95,300.00 ·Year 2 (02/26/2026 - 02/25/2027): $95,300.00 ·Year 3 (02/26/2027 - 02/25/2028): $95,300.00 The software subscription includes access to all web services and development tools, enabling customization and the creation of application workflows, as well as data visualization across all ESRI products. Payments will be made annually per the maintenance schedule. GIS is almost a monolithic market and is dominated by ESRI. Some smaller companies have attempted to compete over the years, but to no avail. The time and expense related to replacing these functions would be significant (1-2 years), while costs ($1-$2 million) and disruptions to operations would be significant. Because of these factors, this procurement is impractical and ESRI is a standardized product that integrates with several other systems in the City's environment (Accela, CityWorks, various web application, Police Dispatch system, etc.). APPROPRIATION CODE AND AMOUNT: Funding for the current year’s portion of this purchase order is budgeted and available in the Information Technology operating budget, cost code 5559864-530300, contractual services. Future year funding will be requested as part of the annual budget process. The operations of the Information Technology department are funded by the Administrative Services Fund, an internal service fund of the city established to provide city-wide technology administration. STRATEGIC PRIORITY: This purchase will support all the objectives of a High-Performance Government, as well as Superior Public Service. Page 1 City of Clearwater Printed on 2/14/2025 380 New York Street 909.793.2853 esri.com Redlands, California 92373-8100 USA info@esri.com December 20, 2024 Tony Lenning City of Clearwater 100 S Myrtle Ave Ste 360 Clearwater, FL 33756-5520 Dear Tony, The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three‐year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three‐year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including: ▪ A lower cost per unit for licensed software ▪ Substantially reduced administrative and procurement expenses ▪ Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: ▪ All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA. ▪ If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. ▪ The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. ▪ The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. ▪ The organization will provide an annual report of installed Esri software to Esri. ▪ Esri software and updates that the organization is licensed to use will be automatically available for downloading. ▪ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions. Small Government Enterprise Agreement ▪ Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY." Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG-EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Robyn Garrett Esri Account Manager 704-541-9810 *8640 rgarrett@esri.com Quotation # Q-536803 Date: January 28, 2025 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 142475 Contract # City of Clearwater Information Systems Dept 100 S Myrtle Ave Ste 360 Clearwater, FL 33756-5520 To expedite your order, please attach a copy of ATTENTION:Tony Lenning this quotation to your purchase order.PHONE:(727) 562-4662 Quote is valid from: 12/20/2024 To: 3/20/2025 EMAIL:tony.lenning@myclearwater.com Material Qty Term Unit Price Total 168180 1 Year 1 $90,300.00 $90,300.00 Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription (Legacy) 2025 168180 1 Year 2 $90,300.00 $90,300.00 Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription (Legacy) 2026 168180 1 Year 3 $90,300.00 $90,300.00 Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription (Legacy) 2027 168435 1 $5,000.00 $5,000.00 ArcGIS Data Interoperability for ArcGIS Pro and Enterprise Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 2025 168435 1 $5,000.00 $5,000.00 ArcGIS Data Interoperability for ArcGIS Pro and Enterprise Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 2026 168435 1 $5,000.00 $5,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Robyn Garrett Email: rgarrett@esri.com Phone: (704) 541-9810 x8640 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use documentfound at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreementwith Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to yourpurchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is requiredto make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be providedand invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provideany such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US governmentprime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms andconditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All termsof this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation islimited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer,or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or releasedother than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for anyother purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. GARRETTR This offer is limited to the terms and conditions incorporated and attached herein. Quotation # Q-536803 Date: January 28, 2025 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 142475 Contract # City of Clearwater Information Systems Dept 100 S Myrtle Ave Ste 360 Clearwater, FL 33756-5520 To expedite your order, please attach a copy of ATTENTION:Tony Lenning this quotation to your purchase order. PHONE:(727) 562-4662 Quote is valid from: 12/20/2024 To: 3/20/2025 EMAIL:tony.lenning@myclearwater.com Material Qty Term Unit Price Total ArcGIS Data Interoperability for ArcGIS Pro and Enterprise Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 2027 Subtotal:$285,900.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$285,900.00 The current Small Government Enterprise Licensing Agreement between Esri and City of Clearwater is set to expire on 2/25/2025. This quote is to renew the contract for another three years starting on 2/26/2025. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Robyn Garrett Email: rgarrett@esri.com Phone: (704) 541-9810 x8640 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use documentfound at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreementwith Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to yourpurchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is requiredto make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be providedand invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provideany such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US governmentprime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms andconditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All termsof this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation islimited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer,or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or releasedother than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for anyother purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. GARRETTR This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 November 1, 2024 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-4) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities Two (2) ArcGIS CityEngine Single Use Licenses 500 ArcGIS Online Viewers 500 ArcGIS Online Creators 62,500 ArcGIS Online Service Credits 500 ArcGIS Enterprise Creators 7 ArcGIS Insights in ArcGIS Enterprise 7 ArcGIS Insights in ArcGIS Online 100 ArcGIS Location Sharing User Type Extension (Enterprise) 100 ArcGIS Location Sharing User Type Extension (Online) 15 ArcGIS Advanced Editing User Type Extension (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 2 of 6 November 1, 2024 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Page 3 of 6 November 1, 2024 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- Page 4 of 6 November 1, 2024 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a.Tier 1 Support 1.Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2.The Tier 1 Help Desk will be fully trained in the Products. 3.At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4.The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5.If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6.Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b.Tier 2 Support 1.Tier 2 Support will log the calls received from Tier 1 Help Desk. 2.Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3.Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 5 of 6 November 1, 2024 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4.Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5.When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a.Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b.Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c.Esri's federal ID number is 95-2775-732. d.If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a.All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b.The following information will be included in each Ordering Document: (1)Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2)Order number (3)Applicable annual payment due Page 6 of 6 November 1, 2024 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii)Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0123 Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Public Communications Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Authorize an increase to purchase orders to Florida Graphic Services, Inc of Clearwater, FL (Primary) and AMI Graphics, Inc of Strafford, NH and Outdoor America Images LLC dba OAI+Rainer (OAI) of Tampa, FL (Secondary) for Citywide Signs, Banners and Misc Other Items in the cumulative amount of $175,000.00 bringing the contract total to $200,000.00 annually for the initial term with two, one-year renewal options pursuant to RFP 58-24 and authorize the appropriate officials to execute same. SUMMARY: The Public Communications Department oversees the procurement of citywide signs, banners, vehicle wraps, decals, magnets, posters, and similar items. On August 6, 2024, Procurement issued Request for Proposal (RFP) 58-24 for Citywide Signs, Banners, and Miscellaneous Items. Six qualified vendors submitted responses by the September 6, 2024 deadline. A selection committee representing Clearwater Gas Systems, General Services, Parks & Recreation, and Public Communications, thoroughly evaluated each submission based on the RFP criteria and overall responsiveness. Following the review, the committee recommended Florida Graphic Services, Inc. as the primary award and recommended both AMI Graphics and OAI as a secondary award should the primary be unable to fulfill the order or if the secondary vendors offer more cost-effective solutions. APPROPRIATION CODE AND AMOUNT: Funds for these purchase are budgeted and available in the user department’s operating budget. STRATEGIC PRIORITY: 2.3 Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. 3.3 Promote marketing and outreach strategies that encourage stakeholder engagement, enhance community education, and build public trust. Page 1 City of Clearwater Printed on 2/14/2025 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4630 Tel v 07.2021 REQUEST FOR PROPOSALS #58-24 Citywide Signs, Banners and other Miscellaneous Items August 6, 2024 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, September 6, 2024, to provide the City with signs, banners and other miscellaneous items. Brief Description: The City of Clearwater is looking for qualified Vendor(s) to produce, install, and remove custom signs, banners, decals, non-vehicle wraps, magnets, and other related products on an as-needed basis. Proposals 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. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: Kelly Rogers Procurement Analyst II Kelly.Rogers@myclearwater.com This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Citywide Signs, Banners and Misc Items 2 RFP #58-24 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 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 proposal. 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 proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: September 6, 2024 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals 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 bid 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, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 90 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if INSTRUCTIONS Citywide Signs, Banners and Misc Items 3 RFP #58-24 any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp Proposers may mail or hand-deliver proposals 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 Proposals will be received at this address. Proposers 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 proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer 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 proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 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. 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.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 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 proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. INSTRUCTIONS Citywide Signs, Banners and Misc Items 4 RFP #58-24 i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, 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 proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal 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 proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal 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 proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer 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 proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer 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 the official solicitation document. INSTRUCTIONS Citywide Signs, Banners and Misc Items 5 RFP #58-24 i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR 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 this purpose, 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.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 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 Citywide Signs, Banners and Misc Items 6 RFP #58-24 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer 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: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times 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 proposer’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 Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications 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. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (pages 24-25) Points Demonstrated Experience and Qualifications (Tab 2) 25 Project Approach, Materials, and Location of Facility (Tab 3) 25 Cost Proposal (Tab 4) 20 Warranty (Tab 5) 20 References (Tab 6) 10 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. INSTRUCTIONS – EVALUATION Citywide Signs, Banners and Misc Items 7 RFP #58-24 i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer 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 proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: August 6, 2024 Advertise Tampa Bay Times: August 14, 2024 Responses due: September 6, 2024 Review proposals: September 6 – 16, 2024 Presentations (if requested): The week of September 30, 2024 Award recommendation: September 2024 Council authorization: October 2024 Contract begins: October 2024 STANDARD TERMS AND CONDITIONS Citywide Signs, Banners and Misc Items 8 RFP #58-24 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”, “City, Clearwater”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, executive orders, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Citywide Signs, Banners and Misc Items 9 RFP #58-24 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor 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”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor 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. Contractor and Contractor’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. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’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 Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Citywide Signs, Banners and Misc Items 10 RFP #58-24 S.13 PUBLIC RECORDS. In addition to all other contract requirements as provided by law, the Contractor executing this Agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, Phone: 727-444-7151 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Contractor agrees to comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency” in this section) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and STANDARD TERMS AND CONDITIONS Citywide Signs, Banners and Misc Items 11 RFP #58-24 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 contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’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 law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written STANDARD TERMS AND CONDITIONS Citywide Signs, Banners and Misc Items 12 RFP #58-24 assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST. The City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. STANDARD TERMS AND CONDITIONS Citywide Signs, Banners and Misc Items 13 RFP #58-24 a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. d. Nothing contained herein in 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 by the City to be sued by third parties. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06. S.27 CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. STANDARD TERMS AND CONDITIONS Citywide Signs, Banners and Misc Items 14 RFP #58-24 S.32 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.33 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.34 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties. S.35 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. Nothing contained herein in 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 by the City to be sued by third parties. S.36 CONTRACT ADMINISTRATION. This Agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding this Agreement will be referred to the administrator for resolution. Supplements may be written to this Agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.37 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.38 COOPERATIVE USE OF CONTRACT. This Agreement may be extended for use by other municipalities, counties, school districts, and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. STANDARD TERMS AND CONDITIONS Citywide Signs, Banners and Misc Items 15 RFP #58-24 S.39 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.40 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via electronic mail; (iv) sent via overnight courier; or (v) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.41 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.42 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.43 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.44 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.45 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Citywide Signs, Banners and Misc Items 16 RFP #58-24 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on Florida's West Coast and the third-largest city in the Tampa Bay area with a population of approximately 118,904 residents. Clearwater Beach, a renowned international destination in Pinellas County, attracts millions of tourists annually and most recently received the prestigious TripAdvisor Traveler’s Choice Award for 2024. It consistently ranks among the top vacation spots in both national and international publications, offering year-round attractions such as pristine "sugar sand" beaches, diverse dining options, and venues like the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. The acclaimed Clearwater Marine Aquarium, nationally recognized for its innovative work in marine rescue, rehabilitation, and release, remains a major draw for visitors. The City of Clearwater is committed to advancing sustainability through eco-friendly initiatives that enhance our economy, safeguard our environment, and fortify our community. 2. PURPOSE AND INTENT. The City of Clearwater (City) seeks a Vendor(s) who can provide service in an efficient and consistent manner for the design, production, and/or manufacturing of an array of products in accordance with this Request for Proposal (RFP), which best serves our need while minimizing cost. The City expects to retain Vendor(s) that can meet the challenges of a dynamic City capable of providing reliable and expedient response times to meet project deadlines, staff requests, as well as provide outstanding service delivery. In addition, the awarded Vendors(s) shall be able to provide technical assistance and maintain industry best practices throughout the Contract. 3. SCOPE OF SERVICES. The awarded Vendor(s) shall furnish all materials, accessories, designing (if requested), tools, equipment, incidentals, supervision, and potential removal/installation of multiple types and sizes of signage, banners, decals, wraps (non-vehicle), magnets and other related materials throughout the City as described in these specifications. 4. EXAMPLE MATERIALS TECHNICAL SPECFICATIONS. a. Decals/Stickers/Clings  Size: 1” up to 75”  Materials: Permanent PVC Greyback PSA vinyl and/or 30.00 pt Lotack White vinyl and/or 3M 180c Controltac and/or PSA-3MIJI80CV3 and/or 3M IJ40C UV Gel Vinyl and/or 20mil aluminum grip gloss floor decal and/or PVC Static cling film  Laminates: Polycarb 5 mil Lamex and/or 3M 8519 Luster and/or 3M 8508 Gloss UV  Finishing: Die cut or routing  Removal/Installation: on occasion b. Wraps (non-vehicle)  Size: 4” up to 180”  Materials: 3M 180c Controltac and/or Dennison 1105 Professional Vinyl and/or Avery 1105 EZ RS  Laminates: UV Laminate DETAILED SPECIFICATIONS Citywide Signs, Banners and Misc Items 17 RFP #58-24  Finishing: Die cut  Removal/Installation: on occasion c. Banners  Size: 12” up to 500”  Materials: 13oz poly scrim vinyl and/or 18oz poly scrim vinyl and/or 8oz mesh weave and/or Polyester knit or poly blend fabric and/or Mounting or hanging hardware  Finishing: and/or Stitched edges and/or Wind slits and/or Pole pockets and/or Gromets  Removal/Installation: on occasion d. Signs  Size: 6” up to 80”  Materials: Aluminum 040 and/or Aluminum Composite Brushed Face and/or Paper faced foam board and/or Gator board (1/8 to ¾ thickness) and/or Coroplast and/or Styrene (030 to 040) and/or 7mil backlit film and/or Acrylic  Finishing: UV coating and/or Anti-Graffiti coating and/or Mounting holes drilled and/or Die cutting and/or Rounding on corners option and/or Metal H stakes for yard signs and/or Plastic A-frames e. Magnets  Size: 2” up to 12”  Materials: 20mil or 30mil magnetic backed vinyl  Finishing: Die cut f. Large Format Posters and Photo Prints  Size: 36” up to 60”  Materials: Avery 2611 and/or Standard Paper 20# or higher and/or Photo paper DETAILED SPECIFICATIONS Citywide Signs, Banners and Misc Items 18 RFP #58-24 g. Lanyard Badges/Credentials  Size: 3” up to 6”  Materials: Styrene 030 Finishing: Die cut with rounded corners and hole punch 5. COST PROPOSAL. The Vendor shall furnish a list or catalog discount of proposed prices for all services and materials to be used during the term of the contract based off the example items provided under 4. EXAMPLE MATERIALS TECHNICAL SPECIFICATIONS, pages 16-17. The list of proposed prices shall be structured to allow for the calculation of unit cost analysis. The prices included herein are to be firm through each contract term, unless otherwise noted by the Vendor and approved by the City. 6. ARTWORK. All artwork shall be provided by the City. Packaged Adobe InDesign files, vector Adobe Illustrator/EPS files, or press-quality PDF files can be provided for each order. Any and all artwork developed (all or in part), by either the Vendor or the City for items under this contract shall be the property of the City. 7. COLOR PROOF. A PDF color proof, sent by email, shall be required for the City to approve before going into final production. Please acknowledge if you can provide PDF color proofs and specify any parameters or special conditions required to provide a color proof. 8. SAMPLES. Samples may be requested by the City prior to an award or at any time during the contract term. If requested, samples shall be provided within ten (10) days of request. Failure to provide samples prior to award of the contract will disqualify a bidder from consideration. Samples shall adhere to the following.  Samples shall be representative of the quality of products to be produced and shall meet all mandatory requirements as specified in the solicitation to be considered.  Samples shall be submitted at no additional cost to the City.  Samples shall not be returned to the Vendor by the City. Unsuccessful bidders may provide return postage if products are to be returned after an award has been made. 9. EXAMPLES. Provided on Exhibit A – Print Examples, the City has provided general examples of signage, banners, decals, wraps, credentials that may be requested during the contract term. The examples provided are from the Public Communications department. 10. DELIVERY/LEAD TIME. Delivery shall be made to the designated location in accordance with each individual work order created. Standard lead times shall be used as estimates for each sign size and type. The Vendor shall be required to initiate work upon receiving the artwork and/or approval to proceed. The completion of finished materials shall be furnished at a time mutually agreed upon by the City and the Vendor(s). 11. PROCESS FOR ORDERING AND INVOCIING. a. GENERAL:  A quote shall be requested.  All materials may be requested by the City at their discretion.  Vendor(s) shall produce proofs for each job and obtain City approval of proof prior to fulfilling an order. b. WORK ORDER PROCEDURES:  Individual quotations shall be provided per project and shall include, but not be limited to:  Reference to City contract #58-24  An identifying work order or quotation number DETAILED SPECIFICATIONS Citywide Signs, Banners and Misc Items 19 RFP #58-24  Itemized list of materials and/or services with detailed descriptions  Price per item and a summary of the total cost for the work order  Date of request, requestor’s name, email, and phone number  Shipping or delivery location and contact person  Proof for review and approval  It is the responsibility of the Vendor(s) to obtain approval for the project proof from the Public Communications department, either online or by email, for each project.  Work should only be performed after receiving written approval of the project proof and the corresponding itemized quotation.  Change orders must be mutually agreed upon by the Vendor and the City and require written approval from the City via email. c. TURN AROUND TIME:  The Vendor shall respond to requests for quote received from the City within three (3) business days from the date of receipt.  The turn-around time for projects that involve multiple specialized services will be mutually agreed upon by the Vendor and City. d. INSPECTION AND APPROVAL: The City reserves the right to reject poor quality work and will require the Vendor to reproduce any substandard work at no additional cost to the City. "Poor quality" work is defined by the City to include, but is not limited to, substandard materials, errors in angle or installation, or improper printing. The City will have sole discretion in determining whether the work is substandard. e. INVOICING: All invoices shall be itemized and contain the following:  Company Name and Address.  Invoice number and date.  Purchase order or contract number.  Description of services and pricing.  Payment may be delayed if information is insufficient. Invoice should contain adequate detail to allow to allow the City representative to understand all tasks that have been performed. 12. SUSTAINABILITY. In alignment with the City’s Greenprint 2.0 plan, the City prefers to purchase goods that reflect its environmental values and commitment to sustainability. Whenever possible, the City aims to:  Foster sustainability by sourcing products that are recyclable, made from recycled materials, biodegradable, and contain fewer toxic and hazardous chemicals and additives.  Reduce source and solid waste.  Purchase goods produced in environmentally sound ways or through systems that minimize environmental pollutants. The City encourages vendors to support these sustainability efforts and partner with us in expanding sustainable practices. Please include an outline of your sustainability efforts in your proposal. 13. PERSONNEL REQUIREMENTS. Vendor personnel shall wear company-issued identification or uniforms, use appropriate Personal Protective Equipment (PPE), adhere to all company and Occupational Safety and Health Act (OSHA) safety standards, and conduct themselves in a well-mannered, orderly fashion while working on behalf of the City. DETAILED SPECIFICATIONS Citywide Signs, Banners and Misc Items 20 RFP #58-24 The Vendor shall provide competent and capable employees with appropriate supervision for the work. All personnel must be skilled in their respective fields; unskilled laborers are not permitted to perform any work for the City. 14. WARRANTY/CORRECTION OF WORK. The warranties listed below are in addition to, and do not limit, any other rights the City may have under the contract.  Vendor shall provide the City with documentation of the manufacturers’ warranties for all products supplied as part of the work.  All fastening devices and adhesives must be durable, suitable for long-term use in exposed exterior locations, vandal-resistant, vibration-resistant, tamper-resistant, and corrosion-resistant. These fastening devices and adhesives must be warranted for permanent performance.  Vendor shall warrant to the City in writing that all materials and equipment furnished under the contract will be of high quality and new, unless otherwise required or permitted in writing by the City. The work must conform to the specified requirements and be free of defects not inherent in the quality required or permitted in writing by the City. Non-conforming work, including unauthorized substitutions, may be considered defective. If required by the City, the Vendor shall provide satisfactory evidence of the kind and quality of materials and equipment.  Vendor shall also warrant in writing that all paint finishes, silkscreen inks, digitally printed graphics, and protective clearcoat finishes furnished under the contract will be of high quality, free of defects in appearance or application, and will not exhibit excessive fading, non-uniformity of color, yellowing, cracking, peeling, or other failures due to defects in materials or workmanship for at least five (5) years from the time of final inspection and approval by the City.  Vendor shall warrant in writing that all graphics furnished under the contract will not crack, craze, warp, delaminate, chip, peel, develop excessive fading, non-uniformity of color, or otherwise fail due to defects in materials or workmanship for at least five (5) years from the time of final inspection and approval by the City.  Vendor shall further warrant in writing that all work furnished under the contract will be of high quality and free from any defects in workmanship, fabrication, and installation for at least five (5) years from the time of final inspection and approval by the City. If any work is found to be defective or not in accordance with the contract requirements within this period, it must be corrected promptly upon receipt of written notice from the City, unless the Vendor has previously received written acceptance of such conditions. Corrections shall be completed at no additional cost to the City and at a time convenient to, and mutually agreed upon with, the City.  Vendor shall remove and properly dispose of, at no additional cost to the City, any portions of the work that are defective or not in accordance with the contract requirements and that are neither corrected by the Vendor nor accepted by the City.  If the Vendor does not proceed with the correction of work within a reasonable time as agreed upon in writing with the City, the City may have the work corrected by an alternate vendor. The cost of these corrections may be deducted from the payments due to the Vendor 15. VENDOR FACILITY. Prior to contract award and at any time during the contract period, bidders/awarded Vendors may be required to demonstrate that they have the necessary facilities, equipment, and capability to perform the specified work satisfactorily and within the designated time frame. DETAILED SPECIFICATIONS Citywide Signs, Banners and Misc Items 21 RFP #58-24 Awarded Vendors must maintain a local office in the Tampa Bay area with a competent company representative available during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. This representative must be authorized to discuss contract-related matters with the City and facilitate order placement and delivery. 16. ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK. The City may require additional items or services of a similar nature that are not specifically listed in the solicitation. The Vendor agrees to provide such items or services and shall offer prices based on the same or similar formula or methods used in establishing the prices in their proposal. If the prices offered are not acceptable to the City, and the situation cannot be resolved to the City's satisfaction, the City reserves the right to procure those items or services from other vendors. The City reserves the right to make changes to the scope of work as deemed necessary at any time during the term of the contract. These changes may include, but are not limited to:  Deletion or alteration of any portion of the work  Changes in design or specifications  Addition of new work Any changes to the scope of work must be mutually agreed upon by both the City and the Vendor(s). Work performed by the Vendor that has not been approved by the City will not be reimbursed. 17. EXPERIENCE AND REFERENCES. Respondents are requested to detail their experience and qualifications for similar services under TAB 2 – Demonstrated Experience and Qualifications. Under TAB 6 – References, they must provide at least three (3) references, preferably from other public entities in the State of Florida, for whom they have provided similar services within the past three (3) years. These references should be accompanied by sample artwork, including information on the materials used. 18. INSURANCE REQUIREMENTS. The Vendor 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 Vendor 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, 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 DETAILED SPECIFICATIONS Citywide Signs, Banners and Misc Items 22 RFP #58-24 coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. 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 Vendor 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” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition, when requested in writing from the City, Vendor 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, RFP #58-24 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor 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 City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Citywide Signs, Banners and Misc Items 23 RFP #58-24 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. October 2024 through September 2025. 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. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rest solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewal are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the one (1) year renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Citywide Signs, Banners and Misc Items 24 RFP #58-24 1. PROPOSAL 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, three (3) 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. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The respondent’s understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 - Demonstrated Experience and Qualifications. Respondents should provide the following information: a. A statement of qualifications, abilities, experience, and expertise in providing the requested services as described under the RFP highlighting the experience and qualifications that distinguish your company from competitors.   b. Other current contractual obligations defining the Respondents capability to undertake and successfully fulfill the obligations proposed.  c. Key staff proposed for the duration of this contract to include relevant details on key staff experience and qualifications.   TAB 3 - Project Approach, Materials and Location of Facility.  Respondents shall provide detailed narrative statements describing their approach to performing the Scope of Services outlined in this RFP.   a. Specify the types of materials offered, including options for sustainable or environmentally friendly materials. b. Detail capability to provide PDF color proofs and outline any specific parameters or conditions for providing a color proof, as described under section 7. COLOR PROOF, page 18 of the solicitation. c. Provide address to the respondent’s facility and confirm whether the facility meets the requirements outlined in section 16. VENDOR FACILITY, pages 20-21 of the solicitation. d. Specify if the turn around time as listed under 11. PROCESS FOR ORDERING AND INVOICING, c. TURN AROUND TIME, page 19 of the solicitation can be met. TAB 4 – Cost Proposal.  The cost portion should include but not be limited to the following: a. A list or catalog of proposed prices for all services and materials, based on the examples provided in section 4. EXAMPLE MATERIALS TECHNICAL SPECIFICATIONS, pages 16-17 of the solicitation. b. Pricing for removal/installation services. c. Pricing for any additional services/materials offered. d. Information on any applicable volume discounts. TAB 5 – Warranty Information. Warranty information shall include warranty of materials and labor as outlined in 14. WARRANTY/CORRECTION OF WORK, page 20 of the solicitation. RESPONSE ELEMENTS Citywide Signs, Banners and Misc Items 25 RFP #58-24 TAB 6 - References:  A minimum of three (3) references with samples, preferably from other public entities in the State of Florida, for which similar services have been provided, within the past three (3) years, are required. a. Each reference shall include the name of the entity, date of services, description of services, address, contact person, telephone number, and email address.   b. References must be accompanied by sample artwork, including the types of materials used. TAB 7 - Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E-Verify Eligibility form 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Citywide Signs, Banners and Misc Items 26 RFP #58-24 Proposers shall indicate any and all exceptions taken to the provisions or specifications 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 Proposal 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 proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Citywide Signs, Banners and Misc Items 27 RFP #58-24 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 proposal: 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. VENDOR CERTIFICATION OF PROPOSAL Citywide Signs, Banners and Misc Items 28 RFP #58-24 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: SCRUTINIZED COMPANIES FORMS Citywide Signs, Banners and Misc Items 29 RFP #58-24 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; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized 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 SCRUTINIZED COMPANIES FORMS Citywide Signs, Banners and Misc Items 30 RFP #58-24 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; and 2. 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; and 3. “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; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ 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 E-VERIFY ELIGIBILITY FORM Citywide Signs, Banners and Misc Items 31 RFP #58-24 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 Subcontractors knowingly 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 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Citywide Signs, Banners and Misc Items 32 RFP #58-24 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #58-24, Citywide Signs, Banners and Misc Items Due Date: September 6, 2024, 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 PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #58-24, Citywide Signs, Banners and Misc Items Due Date: September 6, 2024, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Yard Signs Non-Vehicle Wraps Decals/Stickers/Clings Signage Banners Credentials/Badges PRINT EXAMPLES Parking Kiosks Trash & Recycling Lifeguard Towers Trash Containers Door Decal A-frames & InsertsGatorboard Aluminum Window Decal Grommet BannersPole Banners Event Badges Special Projects Acrylic Wall Installation Photo Wall with Acrylic Text Mounted Photos Wall Graphics Stickers Fencing Banners Event Banners Exhibit A - Print Examples 1) AMI Graphics, Inc 2) Complete Sign Solutions, LLC 223 Drake Hill Rd d/b/a Signsource Strafford, New Hampshire 03884 2045 Lawson Rd603-664-7174 Clearwater, FL 33763 727-736-3555 WBE 3) Florida Graphic Services Inc 4) Sign-Age of Tampa Bay Inc 1351 N Arcturas Ave 4400 140th Ave N, Ste 250 Clearwater, FL 33765 Clearwater, FL 33762 727-430-3477 727-536-9400 SBE 5) Performance Wrapz LLC 6) Outdoor America Images LLC d/b/a Wraps Direct d/ba OAI +Rainier 8725 Youngerman Ct, Ste 306 4545 West Hillsborough Ave Jacksonville, FL 32244 Tampa, FL 33614904-294-3659 813-888-8796 x248 ADVERTISED: TAMPA BAY TIMES 8/14/2024 POSTED:myclearwater.com 8/6/2024 FOR THE CITY OF CLEARWATER Due/Opening: September 6, 2024; 10:00 a.m. Request for Proposal No. 58-24 Citywide Signs, Banners, and other Miscllaneous Items Solicitation Response Listing September 19, 2024 NOTICE OF INTENT TO AWARD The Selection Committee and the Procurement Division has shortlisted the top ranked firms for RFP No. 58-24, Citywide Signs, Banners, and other Miscellaneous Items and proceeded to make primary award recommendation to Florida Graphic Services, Inc. and a secondary award recommendation to both AMI Graphics, Inc and Outdoor America Images, LLC dba OAI + Rainier, for a period of one (1) year, with two (2), one (1) year renewal options. The ranked firms in order are as follows: Inquiries regarding this Intent to Award can be directed to the City’s Procurement Analyst II at (727) 444- 8527, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758- 4748. Posted on this date by: Kelly Rogers Kelly Rogers Procurement Analyst II RESPONSE TO: REQUEST FOR PROPOSAL CITY OF CLEARWATER – CITY WIDE SIGNAGE, BANNERS, AND MISC ITEMS (24 RFP #58-24) SEPTEMBER 5, 2024 AMI GRAPHICS 223 Drake Hill Road Strafford NH, 03884 1302 SW 42nd Ave Ocala, FL 34474 1 HONESTY • INTEGRITY • SERVICE Table of Contents TAB 1 - Letter of Transmittal Page Understanding of Work, Commitment to preform, Key Stakeholders 2 TAB 2 - Demonstrated Experience and Qualifications Qualifications & Experience, Other current contractual obligations, Key Staff 3 TAB 3 - Project Approach, Materials and Location of Facility Materials offered, PDF color proofs, Address, Turnaround Time 4-5 TAB 4 – Cost Proposal List proposed prices, Removal/installation price, additional services 5-7 TAB 5 – Warranty Information Warranty of materials and labor 7 TAB 6 – References References with samples from other public entities in the State of Florida 8-11 TAB 7 - Other Forms Exceptions/Additional Materials/Addenda form Attached Vendor Information form/Vendor Certification of Proposal Attached Scrutinized Companies form(s) as required Attached E-Verify Eligibility form Attached W-9 Attached Certificate of Insurance Attached Appendix 12-15 2 HONESTY • INTEGRITY • SERVICE City of Clearwater Kelly Rogers Procurement Analyst 100 S Myrtle Ave, Third Floor Clearwater, FL 33758 Re: Response to RFP – Re-Citywide Signs, Banners and other Miscellaneous Items Dear Ms. Rogers, Thank you for allowing AMI Graphics to participate in your RFP for Citywide Signs, Banners, and other Miscellaneous Items. We are very interested and well equipped to support the City of Clearwater with the production, installation, and removal of all requested Signage. AMI Graphics is a full-service large format print shop with complete on-site manufacturing capabilities in both New Hampshire and Florida. Our team consists of Creative and Post-Production staff with years of experience in all facets of print design, production, and installation. In addition, we also have a team of seasoned Sales and Marketing professionals who have worked on projects large and small, of every conceivable complexity, for cities nationwide. As a company we strive to be both price competitive and flexible to our client’s needs, while consistently delivering a superior product. At AMI Graphics, we have a proven track record of delivering high-quality dressing and signage services. With over 20 years in the industry, we have built a reputation for excellence and have successfully executed numerous large-scale projects. We understand the unique demands and challenges associated with high-profile projects and have consistently exceeded client expectations. AMI Graphics believes we are positioned perfectly for the scope of work as outlined in the RFP given our substantial experience. Should you have any questions about the attached information, or anything else, please feel free to call me directly at (352) 320-3136. We appreciate the opportunity to participate, and we look forward to the prospect of partnering with you on your future city signage needs. Sincerely, Tim Corkhill Account Manager AMI Graphics, Inc. www.amigraphics.com timc@amigraphics.com Direct: (352) 320-3136 3 HONESTY • INTEGRITY • SERVICE AMI Points of Contact: Tim Corkhill Account Manager timc@amigraphics.com 352-320-3136 Matt Gahm Director, Accounts mattg@amigraphics.com 603-664-0317 Demonstrated Experience & Qualifications AMI Graphics Response: Established in 2002 with locations in Strafford, New Hampshire and Ocala, Florida, AMI Graphics is a full- service large format print shop with complete on-site manufacturing capabilities. Our team consists of Creative and Post-Production staff with many years of experience in all facets of design, print and production. In addition, we have a team of seasoned Sales and Marketing professionals who have worked on projects of every conceivable complexity for sporting events and sports franchises of all types. As a company we strive to be price competitive and flexible to our client’s needs, while consistently delivering a superior product. We have provided a small sampling of projects that align with the City of Clearwater’s standard scope of business list. Please reference end of document (Appendix A) for photo examples of each element provided. There are no other contractual obligations or conflicts of interest. Key Staff proposed: Account Manager, Installation Manager, Production Manager, Director of Strategic Accounts Using our internal staff and installation partners, AMI can cover all necessary on-site installation work for any event. With our large network of installers, we are able to pull in multiple crews with different areas of expertise no matter the location. AMI Graphics has a full staff that will be involved on each project and can include having installers on-site throughout the duration of the project to do daily updates or help with maintenance. As Signage Experts, AMI representatives have done countless site surveys across the country. For this service AMI Graphics would typically charge per person for site surveys. At the survey, AMI will be able to take measurements and recommend materials, lift services, or anything else needed under the scope of work. We can provide comprehensive drawings and photos for each venue and will also hold all information for returning projects in the same location. 4 HONESTY • INTEGRITY • SERVICE Project Approach, Materials, and Location of Facility Specific Types of Materials Offered, including options for sustainable or environmentally friendly materials AMI Graphics Response: AMI Graphics has the ability to source environmentally sustainable materials upon request for the majority of materials. AMI does stock some sustainable materials and products. If desired, AMI can offer a sustainable solutions. *See cost proposal section regarding specific requested materials. Detailed capability to provide PDF color proofs AMI Graphics Response: PDF color proofs can be provided. A PDF color proof will be sent to the City of Clearwater for approval before going into final production on all projects via email. Address to the respondent’s facility and confirmation the facility meets the requirements AMI Graphics Response: AMI Graphics - 1302 SW 42nd Ave, Ocala, FL 34474 AMI Graphics meets all of the requirements outlined in the Request for Proposal. Process for Ordering & Invoicing AMI Graphics Response: A quote shall be requested by the City of Clearwater on products requested. AMI Graphics will produce proofs for each job and obtain City approval of proof prior to fulfilling an order. Turnaround Time AMI Graphics Response: 5 HONESTY • INTEGRITY • SERVICE The Vendor shall respond to requests for quotes received from the City of Clearwater within three (3) business days from the date of receipt. Turnaround times will vary based on existing projects on the floor, materials, and time of year, however, AMI will work with the City of Clearwater to achieve the desired turnaround time. The turn-around time for projects that involve multiple specialized services will be mutually agreed upon by AMI Graphics and City of Clearwater. Cost Proposal Re: Design AMI Graphics has a full design staff with a broad range of experience from full architectural designs to logo creation and concept renderings. For our design services, we charge $90-$125 per hour. We do not charge for simple file setup or layouts. Re: Production AMI Graphics has a large offering of different products but has a “standard” product list that is most commonly used for projects or temporary applications. We have found that the below products are most common, but we do have other options depending on application, longevity, installation, budget, and venue preference. The square foot costs are our budgetary price points proposed to the City of Clearwater for different materials. AMI Graphics’ staff will be able to recommend different materials depending on each unique application and give different options to the City of Clearwater depending on the needs. Our Florida location provides AMI with expanded production capabilities, quicker turn- around times, and cost savings due to shorter transit distances. RFP Required Materials Decals/Stickers/Clings Materials Price per Sq Ft (Size 1" up to 75") Die Cut or Routing Permanent PVC Greyback PSA vinyl $9.75 Removal/Installation: On Occasion (Yes) 30.00 pt Low tack White vinyl $5.00 3M 180c Controltac $9.75 PSA-3MIJI80CV3 $9.75 3M IJ40C UV Gel Vinyl $8.00 20mil aluminum grip gloss floor decal $13.25 PVC Static cling film $8.00 Laminates Polycarb 5 mil Lamex Project Based 3M 8519 Luster Included 3M 8508 Gloss UV Included 6 HONESTY • INTEGRITY • SERVICE Wraps (non-vehicle) (Size 4" up to 180") Die Cut 3M 180c Controltac $9.75 Laminates (UV Laminate) Dennison 1105 Professional Vinyl Project Based Removal/Installation: On Occasion (Yes) Avery 1105 EZ RS Project Based Banners (Size 12" up to 550") 13oz poly scrim vinyl $2.50 Removal/Installation: On Occasion (Yes) 18oz poly scrim vinyl $3.00 8oz mesh weave $2.50 Polyester knit or poly blend fabric $6.00 Mounting or hanging hardware Project Based Finishings Stitched edges Included Wind slits Included Pole Pockets Included Gromets Included Signs Aluminum 040 $12.00 (Size 6" up to 80") Aluminum Composite Brushed Face $15.75 Paper faced foam board $6.00 Gator board (1/8 to ¾ thickness) - Gator foam 3/16" $11.25 Gator foam 1/2" $16.25 Coroplast 4mm $5.60 Coroplast 6mm $7.90 Coroplast 10mm $13.25 Styrene (030 to 040) $5.95 7mil backlit film $6.00 Acrylic (1/8") $25.00 UV coating $0.35 Anti-Graffiti coating N/A Mounting holes drilled Yes Die cutting Yes Finishings Rounding on corners option Yes Metal H stakes for yard signs $4.16 Plastic A-frames $120.00 7 HONESTY • INTEGRITY • SERVICE Magnets 20mil or 30mil magnetic backed vinyl $12.00 (Size 2" up to 12") Finishing Die Cut $2.50 Large Format Posters & Photo Prints Avery 2611 Project Based (Size 36" up to 60") Standard Paper 20# or higher N/A Photo paper $4.00 Lanyard Badges/Credentials Styrene 030 $5.95 (Size 3" up to 6") Finishing Die Cut with rounded corners and hole punch Yes Pricing for removal/installation services, additional services/materials, and volume discounts AMI Graphics Response: Installation costs are dependent upon the scope of work at each venue and the amount of staff needed. AMI is able to estimate the cost for each project based on a venue survey. With our installation manager we can provide appropriate coverage for each event based on scope and budget. With an extensive history of installations, we are able to determine the appropriate amount of staff needed for installation, on-site presence, and removal. Additional services/materials may be offered at an extra cost, depending on availability. Volume discounts may be offered on a per job basis based on total square footage and requested quantity of materials needed per project. Warranty of Materials and Labor AMI Graphics honors all manufacturer’s warranty on materials. If there is a defect due to production or during shipping, AMI Graphics will replace the damaged products at no cost to the client. 8 HONESTY • INTEGRITY • SERVICE Reference list Atlanta Braves: Since 2018 AMI has worked with the Atlanta Braves on branding projects across their home facility and spring training facility. AMI continues to work closely with the Braves, helping with concepts and designs to the production and installation of signage elements including: mesh windscreen, custom padded wall & window wraps, adhesive logos, vinyl banners and branding. Contact: Matthew Gower Address: 18800 South West Villages Pkwy Venice, FL 34293 Email: Matthew.Gower@braves.com Phone: 941-413-5003 9 HONESTY • INTEGRITY • SERVICE Bradenton Marauders: For more than 7 years, the Bradenton Marauders have relied on AMI Graphics to design, print and install a variety of visual branding elements including; wraps, park directional, team schedules, and caution signs, vinyl banners, wall wraps, mesh banners, flags and concession branding. Contact: Craig Warzecha Address: 1701 27th Street East, Bradenton, FL 34208 Email: Craig.warzecha@pirates.com Phone: 941-747-3031 Date of Service: Annual, January - March 10 HONESTY • INTEGRITY • SERVICE Mid Florida Credit Union Amiptheatre: Since 2023, AMI has been trusted by the Mid Florida Credit Union Amphitheatre on a number of projects including production and installation of the Heros & Headliners concert event. Since this event, AMI has secured signage projects for all concerts at the Ampitheatre such as prominent stage, entrance and concourse marquee, directional, concession, and schedule signage. Contact: Zac Phelps Address: 4802 US-301, Tampa, FL 33610 Email: zacphelps@livenation.com Phone: 727-558-5667 Date of Service: Annual, March - September 11 HONESTY • INTEGRITY • SERVICE Philadelphia Phillies For the past 11 years AMI Graphics has been a close partner to the Philadelphia Phillies/Clearwater Threshers organization. AMI produces and installs all visual branding elements including; concession wraps, wind screens, building banners, menu boards, and a variety of other signage. Contact: Doug Kemp Address: 601 Old Coachman Rd, Clearwater, FL 33765 Email: dkemp@threshersbaseball.com Phone: 727-712-4316 Date of Service: Annual, January - March 12 HONESTY • INTEGRITY • SERVICE Appendix A: AMI’s Project Examples of Scope of work Wall Signage 13 HONESTY • INTEGRITY • SERVICE Large Exterior Graphics 14 HONESTY • INTEGRITY • SERVICE Stand Alone Signage Wall Graphics 15 HONESTY • INTEGRITY • SERVICE Pole Banners/Door Graphics 16 HONESTY • INTEGRITY • SERVICE Floor Decals Wraps 17 HONESTY • INTEGRITY • SERVICE Directional Signage H-Stake Coroplast Signs 18 HONESTY • INTEGRITY • SERVICE Mesh Banners 19 HONESTY • INTEGRITY • SERVICE Thank you for allowing AMI Graphics the opportunity to bid on the City of Clearwater Signage and Graphics. We look forward to the potential of partnering with you. Tim Corkhill Account Manager AMI Graphics, Inc. www.amigraphics.com timc@amigraphics.com Direct: 352-320-3136 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/5/2024 License # AGR8150 (603) 296-5424 24082 AMI Graphics Inc. PO Box 157 Center Strafford, NH 03815 24074 A 2,000,000 X BZS58010833 1/1/2024 1/1/2025 2,000,000 15,000 2,000,000 4,000,000 4,000,000 1,000,000A X BAS58010833 1/1/2024 1/1/2025 5,000,000B X USO58010833 1/1/2024 1/1/2025 5,000,000 10,000 A XWS58010833 1/1/2024 1/1/2025 1,000,000 N 1,000,000 1,000,000 C Workers Compensation WC0120241003136 1/1/2024 1/1/2025 1,000/1,000/1,000 Excluded Officers under NH workers compensation: Peter Wensberg NH Workers Compensation Policy #WC0120231003136 Effective 01/01/24 to 01/01/25 Each Accident 1,000,000, Policy Limit 1,000,000, Each Employee 1,000,000 Workers Compensation 3A States: NH, MA, ME, FL, GA, NC. The City of Clearwater FL is included as additional insured with respects to general liability, automobile and umbrella when required by written contract. City of Clearwater Attn: Procurement Division, RFP#58-24 P.O. Box 4748 Clearwater, FL 33758 AMIGRAP-02 JGOOD Clark Insurance, a Marsh & McLennan Agency, LLC company One Sundial Ave Suite 302N Manchester, NH 03103 Jennifer Good jennifer.good@marshmma.com Ohio Security Insurance Co Ohio Casualty Insurance Company Sigma-One X X X X X X X X X Santiago Jarrin - V.P. Production September 6th, 2024 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Letter to the City of Clearwater a. About FGS Experience Qualifications & Differentiators b. Current Projects - Vinyls a. Materials - Static Cling - Overlaminates c. Key Staff experience and qualifications FGS key perso nel and main contactsn 1-1 2-1 1-2 2- 2 3- 3-3 6 3-9 - Rigid Substrates - Backlit Film - Fabrics 3-25 - A-Frame Signs - Magnetics 3-28 - Poster Paper 3-31 - Banners b. Proofing Process & Samples c. FGS facility: Location and equipment d. Order Process, Invoicing & Turn Around Time - Materials List 3- 3-1 2 3- 3-7 8 - Floor Graphics 3- 10 3- 3-11 13 3- 3-14 24 3- 3-26 27 3- 329 -30 3- 3-32 33 3- 3-34 36 3- 3-37 40 2-3 2-9 a. Pricing b. Pricing for Removal /Installation Services c. Pricing on Additional Services 4- -1 4 2 4-2 4-2 d. Volume Discounts 4-2 Our Clients Reference Letters & Sample Work References 6-1 6-2 6-9 7-1 7-3 7-6 7-2 7- 4 7-5 7-7 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Introduction Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Santiago JarrinVice-President Phone: 727-447-9780 Santiago@fgs2.com Florida Graphic Services ) is l large format digital print located , Inc. (FGS a loca ing company within the ; Clearwater city limits. We have 31 years of experience in large format prinƟng vehicle wra pingp ; decal and wrap applicaƟon, removal, and repair; installaƟon of printed products; environmental graphics; pole & mesh banners, aluminum signs, corrugated plasƟcs, architectural signs, wall graphics, wayfinding; ADA products and many other digital graphic . Nestle,Some of our large clients include Disney, Bush Gardens, Sea World, Legoland, USF, and many others. We pride ourselves on our excellent track record of saƟsfied clients. We earn our clients’ trust by compleƟng our projects on Ɵme and exceeding quality expectaƟons. Our intenƟon is to provide the City of Clearwater with an excepƟonally high level of service and top quality products. As required by the City of Clearwater, qoutes will be responded within 3 business days and the standard turn arround for the compleƟon of the project within seven (7) calendar will be days aŌer the receipt of the order . Pick up of the completed orders shall be at the discreƟon of the ity. be mutually agreed upon by the City C MulƟple specialized services will and FGS. We invite your detailed review of our qualificaƟons and commit to provide all resources necessary to complete any assigment to the City’s saƟsfacƟon. We stand ready to start work as soon as a contract agreement is executed. City of Clearwater Procurement Division 100 S. Myrtle Ave, 3rd Floor Clearwater, FL 33758-4748 Re: Citywide Signs, Banners and other Miscellaneous Items - RFP # -2458 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Dear Proposal Reviewers, 1-1 Letter of Transmittal 0 www.fgs2.com Citywide Signs, Banners and other Miscellaneous Items RFP #58-241-2 Key Personnel and Main Contacts Main Contact Santiago Jarrin - V. P. Production- Santiago@fgs2.com 727-430-3477 (cell) 727-259-6860 Project Manager- Customer Service Jordan Ulery Julery@fgs2.com 727-259-6869 Design & Prepress Delisa Kirchman Delisa@fgs2.com 727-259-6870 Accounting & Administration Lorena Cabezas - V. P. Administration Lorena@fgs2.com 407-432-2001(cell) 727-259-6861 Contact Lines Main Line: 727-447-9780 1-800 Line: 877-447-9780 Fax: 727-447-9790 Main Contacts for the City of Clearwater Experience and Qualifications TAB 2 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-1 a. FGS Experience, ualifications & DifferentiatorsQ SEA WORLD- CONTINUING SERVICES TRADEWINGS - RENOVATION PROJECT ORLANDO EYE LEGOLAND - CONTINUING SERVICES NESTLE - CONTINUING SERVICES BUSH GARDENS - TAMPA HH GLOBAL XEROX- PARALLON CONTINUING SERVICES DISNEY CLEARWATER MARINE AQUARIUM CITY OF SAFETY HARBOR CITY OF CLEARWATER CLEARWATER MARINE AQUARIUM TAMPA BAY BUCANEERS UNIVERSITY OF ALABAMA UNIVERSITY OF SOUTH FLORIDA FLORIDA INTERNATIONAL UNIVERSITY b. FGS Current Projects Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-2 Current Projects Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-3 c. Key Staff & Qualifications Project Organization & Staff for the City of Clearwater A Graduate of the School of Commer tion & cial Engineering and Business Administra Marketing with 30 years of experience on the industry at all levels and 21 years with Florida Graphic Services as General Manager. Responsible for the coordination of all areas of the company such as materials and, supplies; control quality; equipment and manufacturing. Giv ection toing dir all workers to xecute all our work in best effort to accomplish our goal; to produce the best qualitye pr yoducts in the most efficient wa , with the highest satisfaction of our customers. Duties and Responsibilities: • Main coordinator of Special Projects. • Incr eness beases management's effectiv y recruiting, selecting, orienting, training, coaching, counseling managers; communicating the Florida Graphic Servicres values, strategies, and objectives; assigning accountabilities; planning, monitoring, and appraising job results; developing incentives; developing a climate for offering information and opinions; so our employees thrive in our company. • Coor orts bdinates eff y establishing procurement, production, marketing, field and technical services, policies and practices; coordinating actions with marketing, sales and administrative departments. • Maintains quality services b of products and y establishing and enforcing organization standards. • Contrib ort butes to team eff y accomplishing related results as needed. 727.259.6860 santiago@fgs2.com • Maintains a safe enviroment for our workers, customers, and visitors by compliying with OSHA standards for our workers in our building or in the field. Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-4 Santiago Jarrin V.P. Production FGS: 2013- Present Total Experience: 25 Years c. Key Staff & Qualifications Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-5 Jordan J. Ulery Project Manager /CSR MAnager FGS: 2015- Present Total Experience: 18 Years c. Key Staff & Qualifications Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-6 Paul Benford Operations Management and Systems Integration FGS: 2011- Present Total Experience: 16 Years c. Key Staff & Qualifications Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-7 c. Key Staff & Qualifications Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-8 John Lopez Production Manager FGS: 2008- Present Total Experience: 16 Years c. Key Staff & Qualifications With 20 years in the business, I've seen it all when it comes to sign installation and wraps. From High-end indoor signage to eye-catching vehicle wraps, I've tackled a wide range of projects for clients in every industry. Every job is unique, and I pride myself on delivering top-notch results with professionalism, on time and within budget. Over the years I have had many different rolls in the industry. Starting as a graphic designer out of college, I eventually gained experience in every aspect of the sign process. Not only did I learn the printing process but I apprenticed as a commercial sign fabricator and managed sign production in multiple sign businesses. As the lead installer at Florida Graphic Services, I've had the opportunity to install signage for a diverse clientele, including amusement parks, public entities, real estate businesses, healthcare providers, and hotels. I've handled everything from small storefront signs to large-scale installations, always prioritizing precision, safety and efficiency. I excel at precision sign installation. My strong communication skills allow me to collaborate effectively with clients, ensuring their vision is accurately brought to life. I take pride in delivering flawless installations that exceed expectations. Also, one of my priorities is to take into account safety in our projects, making sure our company complies with OSHA rules and regulations. I am eager to tackle new challenges, I'm always looking to expand my skill set and contribute to even more complex projects that FGS would deliver. Jason Welling Lead Installer FGS: 2017- Present Total Experience: 14 Years Citywide Signs, Banners and other Miscellaneous Items RFP #58-242-9 c. Key Staff & Qualifications Jason Welling Project Approach, Materials and Location of Facility TAB 3 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-1 a - List. Materials SCOTCHCAL OVERLAMINATE Pressure Sensitive Vinyl Calendered vinyl Overlaminates Banners Rigid Substrates 13 Oz Scrim Banner 18 Oz Double Sided 8 Oz Standard Mesh Static Clean Vinyl Clear Static Clean Vinyl White Corrugated Plastic 4mm - 6mm - 10 mm Foam Board- White- Black Aluminum Composite Polyestyrene Backlit Film Acrylic Gator Board- White- Black Static Cling Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-2 Magnetics Large Format Posters 20 Mil 30 mil a - List. Materials Frame A Sign A Frame Signs Floor Graphics Floor Graphics Fabrics Backlit Film Backlit Film a - Vinyls. Materials Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-3 a - Vinyls. Materials Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-4 Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-5 a - Vinyls. Materials a. Materials - Calendered Vinyl Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-6 Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-7 a White. Materials - Static Cling Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-8 a Clear. Materials - Static Cling Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-9 a. Materials -Overlaminates Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-10 a. Materials - Floor Graphics Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-11 a. Materials - Banner Material 13 Oz. a. Materials - Banner 18 Oz - Double Sided Citywide Signs, Banners and other Miscellaneous Items RFP #58-243 2-1 Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-13 a. Materials - Banner 8 Oz. Standard Mesh a. Materials - Corrugated Plastic Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-14 a. Materials - Gator Board Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-15 a. Materials - Foam Board Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-16 a. Materials - Aluminum Composite Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-17 a. Materials - Aluminum Composite Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-18 a. Materials - Aluminum Composite Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-19 a. Materials - Aluminum Composite Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-20 a. Materials - Polyestyrene Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-21 a. Materials - Polyestyrene Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-22 a Aluminum .040. Materials - Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-23 a. Materials - Acrylic Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-24 a. Materials - Backlit Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-25 Fisher Textiles is the leading supplier of fabric for digital printing in North America. We offer an extensive range of award-winning knit and woven fabrics for dye sublimation, UV. Latex and Solvent printing up to 197” inches wide. Our capital investment of inventory and four warehouse locations allow us to full just-in-time requirements. We stand behind our products and take pride in providing the best fabrics in the digital printing industry. a. Materials - Fabrics Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-26 a. Materials - Fabrics Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-27 a. Materials - Plastic A Frame Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-28 Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-29 a. Materials - Magnetic Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-30 a. Materials - Magnetic Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-31 a. Materials - Large Format Posters b. Proofing ss & Samples Proce Proofing Process and Samples Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-32 Sample PDF Proof Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-33 b. Proofing ss & Samples Proce c. Location, Facilities & Equipment Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 FGS Location 3-34 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 c. Location, Facilities & Equipment FGS Facilities & Equipment 3-35 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 c. Location, Facilities & Equipment FGS Facilities & Equipment 3-36 Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-37 d. Order Process Invoiceing & Turn Around Time Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-38 d. Order Process Invoiceing & Turn Around Time Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-39 4 Point Quality Control d. Order Process Invoiceing & Turn Around Time As required by the City of Clearwater, FGS will respond to a request for Quote within 3 business days from the date of receit. FGS standard turn around for quote requests for is 24 hours. Standard turn around Ɵme for small orders is 5 working days. CompleƟon Ɵme for large or complex orders shall be agreed in advance with the City of Clearwater project manager. Turn Around Time Quote/Estimate Requests Product & Services d. Order Process Invoiceing & Turn Around Time Citywide Signs, Banners and other Miscellaneous Items RFP #58-243-40 Cost of the Proposal TAB 4 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Citywide Signs, Banners and other Miscellaneous Items RFP #58-244-1 a. Cost of the Proposal - Catalog Pricing Citywide Signs, Banners and other Miscellaneous Items RFP #58-244-2 a. Cost of the Proposal - Catalog Pricing b Installation Services. Cost of the Proposal - Installation Rate $100 per man hour.: .00 c Additional Services. Cost of the Proposal - Design Work $75.00 per hour. Other services available includes : finishing services, fulfilment, special packing, delivery. c Volume Discount. Cost of the Proposal - Volume Discounts are available depending on the extend of the project. Warranty Information TAB 5 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 FGS warrants that the services and the materials furnished under this contract will conform to the requirements of the agreement. All materials and services furnished will be of high quality and new, unless required or permitted in writing by the City. FGS will provide evidence of the kind and quality of materials and equipment used to manufacture the requested products. Products will be of high quality and free of any defects in workmanship, fabrication and installation for a period of five (5) years from the time of the final inspection and approval of the City All fastening devices will be durable, suitable for long term use in exposed exterior locations, vandal- resistant, vibration resistant, tamper resistant, and corrosion resistant. The fastening devices and adhesives are warranted for permanent performance under normal conditions. FGS warrants that all paint finishings, digitally print graphics, protective clearcoatings, and services will be performed in a good, workman-like, and professional manner. The products will be of high quality, free of defects in appearance or application, and will not exhibit excessive fading, non uniformity of color, yellowing, cracking, peeling, or other failures due to defects in materials or workmanship for five (5) years from the time of final inspection approval from the city. This warranty is valid if the products are used under normal conditions, and in accordance with the life expectancy and warranty of the materilas manufacturer’s (Tab 3) of the City approved materials. Manufacture’s warranties and life expectancy for materials for this proposal are provided on Tab 3. If any work is found to be defective or not in accordance with the contract requirements within the warranty period, FGS will correct promptly upon receipt of written notice from the City, unless FGS has prevoiusly received writtten acceptance of such a conditions. FGS will warrant repair, removal, re-application, and required materials for a period of five (5) years. Film-material manufacturer’s warranty shall be to the full extend of the manufacture’s warranty, Corrections shall be completed at no additional cost to the City and a time convenient to, and mutually agreed upon with the City. FGS shall remove and properly dispose of, at no additional cost to the City, any portions of the work that are defective or not in accordance with the contract requirements and that are neither corrected by FGS nor accepted by the City. If FGS does not correct the work within a reasonable time as agreed upon in writting with the City. The City may have the work corrected by an alternate vendor. The cost of these corrections may be deducted for the payments due to FGS. Warranty 5-1Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Product’s Manufacture’s Warranties Correction of Work FGS Warranty By: Santiago Jarrin V.P. Production References TAB 6 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 City of Dunedin choban@dunedinfl.net 727-733-6728 Chris Hoban 1700 Solon Ave, Dunedin , Fl 34698 CONTINUING SERVICES CONTINUING SERVICES References 6-1Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Clearwater Marine Aquarium groane@cmaquarium.org 727-480-6004 Gary R. Roane 249 Windward Passage Clearwater, Fl 33767 CONTINUING SERVICES Citywide Signs, Banners and other Miscellaneous Items RFP #58-246-2 Citywide Signs, Banners and other Miscellaneous Items RFP #58-246-3 6-4Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 References - Clearwater Marine Aquarium To Whom It May Concern, I am writing to recommend Florida Graphic Services for Banners, Wall Graphics, Signage, and Installation projects. I have known Jordan for 6 years as well as worked with FGS for over 12 years and can confidently attest to their character and integrity to make sure each project is completed to the standard requested. They are my go-to large format printing in Pinellas and because of how reliable they are we have recently started sending them all over the US for RETHEMING print and installation projects fo Merlin Entertaiment inlcuding Legoland, Sea Life, Orlando Eye & Madame Toussou. I have no hesitation in recommending Jordan and FGS for Banners, Vinyl and Signage. Please feel free to contact me if you require any further information. Warm regards, Kathryn Reynolds Senior Account Manager m: +1 727.631.6035 e: kathryn.reynolds@hhglobal.com w: hhglobal.com hhglobal.com Citywide Signs, Banners and other Miscellaneous Items RFP #58-246-5 References - HH Global- Legoland References - HH Global- Legoland, Orlando Eye, Sea Life Citywide Signs, Banners and other Miscellaneous Items RFP #58-246-6 To whom it meay concern: The City of Dunedin has used Florida Graphic Services for many years for all of our Signs needs for all our Parks. They have been wonderful to work with and do a great job. We will conƟnue to use them in the years to come. Chris Hoban RecreaƟon Coordinator City of Dunedin SƟrling Park & Driving Range (727) 733-6728 choban@dunedinfl.net References - City of Dunedin Citywide Signs, Banners and other Miscellaneous Items RFP #58-246-7 References - City of Dunedin Citywide Signs, Banners and other Miscellaneous Items RFP #58-246-8 References - Projects Citywide Signs, Banners and other Miscellaneous Items RFP #58-246-9 Other Forms TAB 7 Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 1 08-15-2024 S. J. September 5th, 2024Florida Graphic Services, Inc. 7-1Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Florida Graphic Services, Inc. 1351 N. Arcturas Ave. Clearwater Clearwater 33765 727-430-3477 Santiago@fgs2.com 727-447-9790 727-447-9790 727-430-3477 727-447-9790 727-430-3477 www.fgs2.com 78-7721164 Santiago Jarrin Santiago@fgs2.com Santiago@fgs2.com Santiago Jarrin 7-2Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 7-3Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 7-4Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 7-5Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 7-6Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 7-7Citywide Signs, Banners and other Miscellaneous Items RFP #58-24 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0085 Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Approve the renewal of a Sovereignty Submerged Lands lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the police station boat dock on Clearwater’s South Beach and authorize the appropriate officials to execute same. SUMMARY: The City of Clearwater leases a small parcel of submerged lands from the State of Florida through the Board of Trustees of the Internal Improvement Trust Fund (TIITF) for use as a three-slip docking facility with a boat lift, adjacent to the Clearwater Police Beach Substation (704 Bayway Blvd, Clearwater FL 33767) on Clearwater’s South Beach. The Lease must be renewed every five years and is of no cost to the City as long as the dock remains in use for fire and rescue purposes. The previous Lease expired, but due to hurricane delays it is being renewed now with an effective date of November 6, 2024, expiring November 6, 2029. Page 1 City of Clearwater Printed on 2/14/2025 r This Instrument 1'repared By: Tiana Brown Recurring Revenue Section Bureau oP Public Land Administration 39D0 Commonwaalth Boulevard Mail Statian No, 125 Tallahassee, Florida 32399 K N BURKE, CLERK OF CaURT PINELU4S CDUNiY FLURIDA INST# 2U70145550 05/26/2010 at 09:42 AM OFF R C BK: 16926 PG; 1407-1479 DoCType:AGM RECORDING: $112.00 BOARD OF TRUSTEES OF 7'HE INTERNAL IMPItOVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVERETGNTY SUBMERGED LANDS FEE WAIVED LEASE BOT FILE NO. 520345063 PA N. 52-0294534-001 THIS LEASE is hereby issued by the Board of Trustees of the Intemal Improvamant Trust Fund ofthe Stata of Florida, hereinafter referred to as the Lessor. WITNESSETH: Thai' for and in consideration ofthe faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Citv of Clearwater, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Sections 1'1 , Township 29 South, Range 1 S East, in Clearwater 1-arbar, Pinellas County, containing 2819 square feet, more nr less, as is more particularly described and shown on Attachment A, dated June 26, 2009. TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from November 6, 2009, the effective date ofthis lease. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3-slip docki facilitv with a boat lift exclusivaly to be used for moorin of rescue vessels in conjunction with an upland fire and rescue station, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmencal Protection or State oF Florida Department of Health, whichever agency has jurisdictian, and without liveabaards as defined in paragxaph 24, as shown and conditioned in Attachment A, and the State of Florida Departrnent of Environmental Protection, Consolidated Environmental Resource Permit Na. 52-029 53 1-001, dated November 6 2009, incorporated herein and made a part of this lease by reference. The construction ofthe structures described in Attachment A shall be campleted within the initial term hereoi or within the first 5 years of the initial term ifthe initial term is For a periad greater than 5 years. The failure to complete the construction of all authorized structures within this time period shall constituta a material breach of the lease causing the lease to automatically terminate upon the expiration of the iniCial term or first 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remaining condiCions of this lease. 29 l 2. AGREEMENT TO XT NT OF US: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring ofcharter/tour boats, from loading/offloading commercial to rental afwet slips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatary permit, or shall not change the type of use ofthe riparian uplands without first obtaining a regulatory permitJmodified permit, if applicable, and the I.essor's written authorization in the form of a modified lease,the payment of additional fees, if applicable. Tf at any time during the lease term this lease no lon er satisr s the rec{uire nents of subparagraph 18-21.0] 1(1)(b)7., 'lorida Administrative Code, for a fee waived lease, the Lassee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorizatian under this lease. 3. EXAMINATION OF' LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual leasa payments as specified in paragraph two (2) above. 4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: i) gross revenue derived directly from the use ofthe leased premises, (ii) the gross ravenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor . 5. pitOPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use ther of, and all title and interest to said land hereinbefore described is vested in the Lessor, The Lessee is prohibited from including, ar making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but noC limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold. 6. INTER ST IN RIAARIAN UPLAND PROPERTY: During the term of this lease, the i.essee shall maintain a leasehold or fee simple title interest in tha riparian upland property and if such interest is tertninated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination ofthe Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence ofthis lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do sa will not relieve the Lessee from responsibility for full compliance with the terms and conditions ofthis lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 7. A5SIGNMENT OF LEAS: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer withaut prior written consent ofthe Lessor shall be null and void and without legal effect. 8. INDEMNIFICATTON/INVESTIGATION OF ALL CLAIMS: The Lessee shall invastigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage ariributable to the negligent acts or omissions of that pariy and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in 5ection 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between I.essar and Lessee shall be initiated and maintained only in Leon County, Florida. Pag 2 of 12 Pages Sovereignty Submerged Lands Lease No. 520345063 10. NOTICES/COMALIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the I.essee fails or refuses to comply with the provisions and conditions herein set forth, ar in the event the Lessee violates any oithe provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days oFreceipt of the Lessor's notice to correct, this lease may be terminated 6y the Lessor upon thirty (30) days written notice to the I,essee. lf canceled, all ofthe above-described parcel of land shall revert to the L,essor, All costs and attorneys' fees incurrad by the Lessor to enforce the provisions ofthis lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Clearwater, Florida P.O. Box 474$ Clearwater, FI 33758 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The I,essee shall assume all responsibility for liabilities that accrue to the subject property or to the improvaments thereon, including any and all drainage ar special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILI,EGAL OPERA'fIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specifed unless such proposed use and occupancy are consented to by the Lessor and the lease is modiiied accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANC OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a gaod state of repair in the interests ofpublic haalth, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the I.,essor or its designated agent at any raasonable time. 14. NON-DISCRCMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent ta and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibiliry of tha Lessee to post the placard in a manner which will provida protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereofl, to notify the I.essor in writing, so that a replacement may be provided. 15. ENPORCEMENT OF PROVISTONS: No failure, or successive failures, on the part ofthe Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMI55TON GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 12 E'ages Sovereignty Submerged Lands Lease No. 520345063 17. RENEWAL PROVISIONS: Renewal af this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal. 5uch applicatian for renewal must be received by Lessar no sooner than 12Q days and no later than 30 days prior to the expiration date ofthe original or current term hereof. The term of any renewal granted by the I.essar shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination ofthis lease shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment B, which shall run with the title to said riparian upland property, and shall be binding upon Lessee and I,essce's successors in title or succcssors in interest. 18. REMOVA, OF STRUCTURES/ADMINISTRATIVE FTNES: If the Lessee does not removs said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessar may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 8 or at such address on record as provided to the I,essor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including Che right to compel removal of all structures and the right to impose administrative frnes. 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained an state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lassee in the riparian upland property enforceable in summary praceedings as pravided by law. 20. RECORDATION OF LEASE: The I..essee, at its own expense, shall record this fully executed lease in its entirety in the public records ofthe county within which the lease site is located within fourteen (1 3) days after receipt, and shall provide to the Lessor within ten (10) days following the recardation a copy of the recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded. 21. RIPARIAN DICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on ar interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. 'ailure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination afthis lease agreement at the option of the Lessor. 22. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessar, and must comply with the rules and statutes in existence at the time of the execution ofthe modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without fortnal modifcation afthe lease provided that a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 23. ADVERTISEMENT/STGNS/NON-WATER DEPENDENT ACTIVITi S/ADDITIONAL AC7"TVITIES/MINOR STRUCTURAL REFAIRS: No permanent or temporary signs directed to the boating public advertising the sala of alcoholic beverages shall be arected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. Tha Lessee shall ensure that no permanent, temporary or flaating structures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted ovar savereignty submerged lands without prior written consent from the Lessor. Na additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or aver sovereignty, submerged lands without prior written consent from the I.essor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unautharized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 15-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the autharized structures in a good state of repair in the interests of pubNc health, safety or welfare; provided, however, that such activities shall not exceed the activiCies authorized by this agreement. Page 4 af 12 Pages 5overeignty Submerged Lands Lease No. 520345063 24. AC E AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 25. COMPI.IANCE WTTH FI.ORIDA LAWS: On or in conjunction with the use of the leased premises, the I,essee shall at all times comply with all Florida 5tatutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 26. LIVEABOARDS: The term °liveaboard" is defined as a vessel docked at the facility and inhabited by a person vr persons for any five (5) consecutive days or a total of ten (1) days within a thirty (30) day period. If liveabaards are authorized by paragraph one (1) af this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowh re," where the ships leave and return to the state of Florida without an intarvening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to cany passengers to and from such gambling cruise ships. 28. SPECIAC, LEASE CONDITIONS: A. The Lessee shall prohibit any mooring, on either a temporary or permanent basis, along the west side of most western 28 foot long pier and along the east side of the 22 foot long most eastern pier. To ensure compliance, the I,essee agrees to place and maintain: (1) a 3-foot high railing alang the west side of most western 28 foot long pier, and along the east side ofthe 22 foot long mast eastern pier, and (2) signs advising boaters that mooring either on a temporary or permanent basis is prohibited. B. Any vessel moored at the dacking facility, on either a temporary or permanent basis, shall be wholly located within its designated wet slip as depicted on Attachment A and no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including all parts and accessories such as outboard motors, bow pulpits, and Page 5 of 12 Pages Sovereignty Submerged Lands Lease No. 520345063 WI ES; Original Signature b . BY Print/'-f t e Natna of Witness „ Origit al Si nature I lX f l n Prin Name of Wifiess S'I"A"T'E OF FLORIDA COUNTY OT LEON t :,• .li !"r.. y, BOARD O' "fRUSTEES OF THE Tl''dtN..L ` ` IMPKOV MLNT TRUST FUND,'O;"'HE S ATE -,.' ',;; ,= . OF FLORIDA - °' (-! -`7 - J . JCo~ 1 .-_ r'- `: 9 ' . ., r•Gl . Jeffery . Gen , perations and M riagem `Cons 4tan' Manager, Bureau af Public T.and Adininisi`ratinn,. •-- .•' Division of State Lands, State ofFlorida Dej$rn eti'df ,'" Enviranmental Protection, as agent for and on beha}f'ofth Board of Trustees of the Internal Cmprovement Trust Fund ofthe Statc of Florida The foregoing instrument was acknowledged before me this M. Gentrv Operations and Mana ement Consultant ManaQer, Lands, State of Plorida D artment of Environmental Pri Internal Improvement Trust Fund of the State of 'l rida. APPRO ED AS TO I OR A1CID LEGALITY: DEP Attorney WITNESSES: Original Signature Typed/Printed Name of Witness Original 5ignature Typed/Printed Name of Witness STATE OF COUNTY OF LESSOR" day nf Bureau of I'ubli 20, by ecnon, as agent ror ana on venau oi r e rsoaru oi i rus ees u nu I e is perso nown to me. Notary Public, State of Florida Printe ; r $ s l ne r s xplres M 16 878$g7 My .. n y , 2013 o Commission/Serial Na Citv FClearwater, Florida __AL) E3Y: Uriginal Signature af Executing Authority C'rank V. ibbard I"yped/Printed Name of Executing Authority Title of Executing Authority LESSE" The foregoing instrument was acknowledged before me this _.,, day of'_____\: _ , 20 , by Frank V. Hibbard as M or, for and on behalf of Ciry of t:learwai r, - lorida. I ie is personally khown to me or who has produced as identification. '' My Commission Expires: ____ __... - ._ .._ ' ---: ry..._.. ,_-- -- - i lota Sign ture `\ Notary Yublic, State of ' Commission/Serial No Page 6 of 12 Pages Sovereignty Submerged Land Lease No. 52U345063 Printed, Typed or Stamped Namc Resolution No. 10-1 a Board of Trustees of the Internal Improvement Trust Fund of the State of lorida Sovereignty Submerged Lands Fee Waived Lease No. 520345063 Countersigned: CITY OF CLEARWAT R, FL ORIDA By: Frank V. Hibbard William B. Horne II Mayar City Manager pr ved as to form: L.aura Mahony Assistant City Attorney STATE OF FLORIDA ) COUNTY OF PINELLAS ) hia E. Gaudeau Clerk C`. //.•. r,, c Q i y C' The f regoing instrument was acknowledged before me this day of 201v, by FRANK V. HIBBARD, Mayor of the City ofi Clearwater, who is p anally known to me. Print/Type Nam i . .t Notary Public STATE OF FLORIDA ) COUNTY OF PINELLAS ) y;; DIAN E MANNI MY pMM1881CN C1p95201a EXPIRES M rch 09, 2014 407) 399.p163 Fbrlda 8ervl a. The foregoing instrument was acknawledged before me this ' day of SO t , 20 1 D, by WILLIAM B. HORNE II, City Manager of the City of Clearwat r, who is personally known to me. Print/Type Nam: SANDRA HARi G R NOtary PubIIC n,rycor iss oNeonns69i e r s: r • zo z TAkY r. r a,.> k "r°, co- Page 6b of 12 pag s Sovereignty Submerged l.ands Lease No. 520345063 I ... . 1 1 1'. ti,.; :,:; 4ii,f,, •: 1 . 1'1 . 7 I r. ti,; yt . . h r. , .: y,, i i?I":, . f' - •• ,.,, i t'h" i':;,;;;;;;';,`: ` ;:: r,'''. 7.''. r' z;;:;, . w';'. ,;:; •` ` i. , y^:i;. y:''r,.. .:., ` e '\ h_. 1 r ' T ' r`rJ,,,; . ti, r :_u1:r'.: ii ' r " fV.:; '. , : . \ Il li'.Ii.ii;'I riY.:, t.'•' - '.' k rr,. Y'Ic,.rb l;,ii.,il,, 7'.:, 1 _ h!y;,( ' ,!. , ' r,-..r • ";' d'?,,*;:',;:; ,;,i::::''. ` ;'w;. 1 n{,, ,'i;'..;: _ ' • r ..;I'r,yly ,. '. . rl' y;'; rl17':;' ;`''". - , .. . .' ; i. :' iY ^•. r',.../ 1'.''.. . , .. . .. ' i... iI {;,. :;'{..'. r r ti i 1;.:,.: ,i'.,I' i';,I. ' '•,M1 ., ':, ry i i I, , . N ! I. . { r V." 1'' ..*, li. f 1Y/! ::`,. "; l' _ j '_ ' r , r+,i,,.7'S - .';y;1, ', • ,' ' ,,, 1'.'rY". . Y 1 r'fj'„I,_ ti. . _ . ' ilirx ' i IP-:.,' !,:H J . I,. . , . _ .r', . r `::;?. ;;, ,;,; y4. . ' ;, . u''; t 7' , r d X a • .r - r ; Yl ; :•.... , r1 , .', r. ,r i f;',r !7. ;.r 1 = I: i$i.':::':r . . , . . . . . .. , . . ,. , Section 17, Tow nship 29 South, Range 15 East Quad — Clearwater, 178 B, 19S'1 700 Bayway Blvd, Clearwater, FI 33767 f t;, r. _ ..._,n: . __.. r sr' _J' rp .... __,.._ . Es rda Dr,_..: r•........ , " '° :"._. _,M:. :: .; .-- - s.*, ,^_ .. ; y t,;? ` t ,t t°!;;a 'a' i' r. ,,,,,; fi,,n.,'y . Attachment A Page 7 of 12 Pages SSLL No. 52034SOb3 i ----_v+wr e,e _ -M...,..,.. ^ r --__-- .. _ a;,r,n . s j, Clearwal r. -.__J J LEGAL D SCRIPTION: SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELI AS COUNTY, FLORIDA L CATION MAP NOT TO SCALE) UPLANp (PER CLIENT - FOR REFERENCE ONLY): LOT 24, BLOCK A, 6AY51DE SUBDIVISION N0. 5, ACCORDING TQ THE MAP OR PLAT THEREOF, AS RECORDEb IN PLAT BOOK 38, PAGE 38OF7HEPUBLICRECORDSOFPINELLASCOUNTI', FLORIPA." PROP05Ep SUBMERGED LAND LEASE- A PARCEL OF LANfJ LYING WITHIN CLEARWATER HARBOR IN SECTION 17, TOWNSHIP Z9 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLpWS: BEGIN A7 THE NQRTHEAST CORNER OF L T 24, 6LOCK A, BAYSIQE SUBDIVISIQN N0. 5, AS PER MAP OR PLAT iHEREOF AS RECORDED INPLATBQQK38, PAGE 3$ OF TNE PU6LIC RECORDS OF PINELLAS COUNTY, FLQRIDA; THENCE ALONG THE NQR7HERLY BOUNDARY OF SAIDLOT24ANDALONGTHEAPPROXIMA7EMEANMIGHWATERLINEOFCLEARWATERHARBORALONGl'HE ARC OF A CURVE CONCAVENORI"HERLY, SAIb CIJRVE HAVING A RADIUS OF 1000.00 FEET, A DELTA ANGLE OF 02'S5'19", AN ARC LENGTH OF 51.00 FEET ANd ACHORbBEARINGANDDI5TANCEOFN73'36'12"W, 50.99 FEE7; THENCE LEAVING SAID NORTHERLY BQUNDARY AND APPROXIMATE MEANHIGHWATERLINEN16'39'18"E FOR 55.00 FEET; THENCE S73'36'1 z"E FOR 50.99 FEET; THENCE 516'39'18"W FQR 55.00 FEET 70 THEPOIN7OFBEGINNING. CONTAINING 2,$19 SQUARE FEET, MORE OR LESS. CFRTIFIED TO: 60ARD pF 7RUSTEES OF 7HE INTERNAL IMPROVEMENT TRUST FUNDWQODSCONSULTING SURVEYOR'S C RTIFICATE: I HERE6Y CERTIFY 1"HAT THE INFORMATION SHOWN HEREQN IS A TRUE REpRESENTA710N OF A SPECIFICPURPpSE5URVY, PERFORMED UNbER MY DIRECT 5UPERVI510N AND MEETS THE INTENT OF THE MINIMUM7ECHNICALSTANDARDSA55ETFORTHINCNAPTER61G17-6, FLORIDA ADMINISTItATIVE CODE, pURSUANTTOSECTIQN472.027 FLORIDA STATUTES. SLINRISE SURVEYING & MAPpING SERVICES LLC, LB NO. 7710 7LAa C,c -. DATE Q CYNTHIA E. KNOPKA PRQFESSIONAL LANp SURVEYOR NO. 6070 STATE OF FLORIDA SPECIFIC PURPOSE SURVEY - THIS IS NOT A BOUNDARY SURV Y - THIS IS NOT A FIELD SURV Y. S U N R I S E S U RVEYI N G& PR POSED SUBMERGEp LAND LEASE 700 6AYWAY 60ULEVARD, CLEARWATER, FL MAPPING SERVICES LLC PID:17/29/15/05004/001/D240 DRAWN pY: CEK DWC7 DATE: May 22, 200911422NdAVENUES• ST PETERSBURG rL 3371 5 ev: June 26, 2oos PHpNE: 727.631.9754 • WEB: WWW.SUNRI5ESLIRVEYING.CpM APPROVED 8Y: CEK FIELD DATE: N/AMAIL- SUNRISESURVEYINGC?TAMPABAY.RR.COM FILE NAME: 09121-LL.pWG PAG: 1 OF 2 Attachment A Page 8 of l2 Pages SSLL No. S20`b3 SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FI ORIDA Th F 5U .VEY D P TEi ERE I Nft T RED Y P FESSIt i AL L 4 ILNT1 iN UR i+ CL.EARWAT R o / HAR60R 2 zo o o Zo XISTING o Q PILING (lYp) PROPOSED SU6MERGED = / LANp LEASE fi Q/ AREA = 2,819 SF± o r SCALE: 1'-- 20' / ° U ? o ° , J3s 2~ . ze / s0. gg r/ a o a PROP05ED Q T5' LIF'T 3. ISTI o , O i 4J UfT / /% ISSI 3' N LIFT / 0.7• 1 .?' or z3 Er; .. APPROXIMATE MEAN HIGH WATER LINE AT FACE dF SEAWALL E,,,. - r • f, ,.., ,. e a'` `. r 3 f !,Y' .9<e 45'• ^ ::ubp y ii'{9'q I, p/ P y,f , I I LOT 2 4 BLOCK A BAYSIDE SUBDIVISION Np. 5 PLAT BOOK 38, PAGE 38) 700 BAYWAY BaULEVARD PID:17/29/15/05004/001/0240 i 3 PROPOSED LEASE LINE AT RIPARIAN LINE POB NE CORNER L07 24 L,AT: 27'S8 02.8„ LONG: 82`49'24.1 " LOT 25 CURVE TABLE CURVE DELTA RADIUS ARC LENG7H CHOR BEARING CHORp L.ENGTH C1 02'55'19" 1000.00' 51.Op' N 73'36'12" W. 50.99' MAP NOTES: .EGEN 1. NORTH ORIENi"A710N SHOWN HEREON IS ASSUMEb. LAT LATITU E -- SCALED 2. REPRODUCTI NS OF TH15 SURVEY ARE NOT VALID UNLE55 EM6055ED WITH TME LB LICENSED BUSINESS UNDER5IGNED SURVEYOR'S SEAL. LONG LONGITUDE — SCALED 3. PROPOSEb INFORMATIQN SHQWN HERE N PER DESIGN PROVIDED BY WOODS CONSULTING. MWW MEAN HIGH WATER 4. NQ SMqRELINE VEGETATION WAS OBSERVED QN THE PROJECT SITE. f PROPERTY LINE S. SMORELINE 1000 FEET IN EITMER DIRECTION OF SIT IS 100% SEAWALL. POB POINT OF BEGINNING 6. MHW LINE SHOWN HEREON 15 APPROXIMATE ONLY & 15 NOT INTENDED TO pEPICT THE SF SQUARE FEET LEGAL BOUNDARY BETWEEN PRIVATE AND 5TATE LANDS. 7YP TYPICAL 7. TOTAL LINEAR FEET OF SHORELINE OWNED BY RIPARIAN UPLAND aWNER 15 60 FE T±. APPROXIMATE ONLY SP CIFIC PURF'OS SURVEY - THIS IS NOT A BOUNDARY SIJRVEY - THIS 15 NOT A FIEL.D SURVEY. S U N RI S E SU RVEYI N G& PROPQSED SUBMERGED LAND LEASE 700 BAYWAY BOULEVARD, CLEARWATER, FL MAPPING SERVICES LLC P o: »/z9 is osoaa oo ozao DRAWN BY: CEK DWG DA7E: May 22, 2oos 1142 2ND AVENUE S• 5T PETERSBURG, FL 33715 rev:June26 PMUNE: 727.631.y754 • WE6: N/WW.SUNRI5F'SURVtY1NG.COM APPROVED BY: CEK FIELb DA7E: N/A E•MAII: SUNRISESURVEYING@TAMPABAY.RR.CdM FILE NAME: 09121-LL.DWG PAGE: 2 QF 2 Attachment A Page 9 of 12 Pages SSLL No. 5203450b3 V r r s . ..,.,, s z PERSONAL REpR SF..NTATTVES' DEF.D 4r,:• f? • T. - -^':. u.:.. ' ti'' •-' _' THTS Ti E]EGNTURE, Made khis t' '" dap o# ir; r r• I fAy 19 F aT her reen OHN S. WAGSTAFF, MiCHAEL A. SPIRTOS GARY W. i,YONS, SYD SNAIR snd HENRY H'NRIQiIC,, oF Pinel.las County, Florida, as Personel Represenka.ives of the Estate of LOIlIB ALFXAN ER VAN6CH, afk/a LOUTS A. VANFCH, D ceas'ed, Party oE the Firsk Part, and CI'T'Y uF CI,E RWA'I`k R, Cf.URIdA , whos maili.ng address is: f'.r]. Bai; 4738, Clzarwa er, Ylorida 3]518 , Party aP the Secand Pa k; 35 lsi8^t1411 il l. lt i 57 W i T N E S S E 7' H: TGiG E.50 GA:.'H WFi REAS, by his Last Will and Testament, the said LOGZ6 A. VANF.CH did appolnt JOHN S. WAGS'PAFP, MiCktA6[ A. 52IL TOS. GP,RY W. LYONS, SYD SNAIR and HrNRY HENRTQI]EZ as Fersanal Representatives of his Last Will and T stament; and WHFREA,.said 'Cestator did die a resident oE C'inellas County, Florida, pn August 11, 1J65; and J WH'ERBAS on August 14, 1995, kh? Last Will and T estam:nt 4_E.: of said decst ent was duly admitted ro probate in the Circuit Court 4 L : : 1 for Pinell s County, F.crids, Probate bivisien, in Erabate number c 85-51 5-E5 pa.3, and OHN S. ^1AGSTAF'F, MICHAGL A. SPIR'POSR GARY W. C - 'Y LYONS, SYD SNATR and HENRY HT?NRLQlTF;2 were appain ed and qwalified F as PeCS4na1 Represantatives E sai8 estate; NqW Tt#I3 INDEN'CURC WITNF.SSE'fH, `Thak in pursuance of the authority granh d Lhem 6y Court qrder, and in consid arakfan aF the sum oE Ten allars and other valuable con id rations to therm in hand paid by Party pf the Sacond Part, r ceint whereox i hereby acknawledged, kh said parky oP Ghe First Park, as the duly uualiEiea and acting Persorral epresentetives afcresald, do hereby grant, oargain, s 11 and canvey ta the said pr rky,'of the Second part, Cl e f+llowing described pra erL•y siruake in khe Caunty v Pinellas, State aF Flarida: Lok 2A $iock A. BAY5I1]E SuBUIVIS[pN N. 5, and rip ri.n rights, accQrding to ?lat fl ook 38, page 3B, public recards oE Pinellas County, Flocida, 5ubject ta restrictions and eas m nts oE r.eC.Cd and taxe Epr 1hB7 and subjeCt to the cvnditians in the aktached Fxhibit "A". 51 CNu d0 R@ c , 4fi Po - . Z ( Total , r Cash 11_Cha , ao Fec At bS - q3 In! Tn! _ -.t?.rL I poeuinen ary T Y Pd. f...:..•..^ 5 .................... Inunylble Taa Pd. Kadcen F. p Mar. dcrk E alla Caunry gys 4{';`...:':i c.0 p l' C1erY Attachment B Page l0 of 12 Pages SSLL No. 520345063 1 N 0.. D Pd[ 938 TO HAVw AND TO fiOLD the same unko the said Party e.f the Second Fart, their heirs and assigna, in a Eull and amPle manner as the sarne was possessed and enjoyeci y Chm ai 3 LpUI5 A. VANECH in his lifptime. iN WTTNESS WHFREQF, the said Party o he FLt'st Part, as Personal RepKesentatives aforesaid, has ltpreunko s t thair hands and seals the day and year E rse ahove wrikten. in Che resence at: 1 - Z ti[['//.i( ( ' //%!C•i II 1 , , i(i• ,'/i. ( (' `! f - 1 4I f•:i(i. ;f.. ._,J; . 1f ' s '-!'.•lS.. i. _ . J irr . :. ', ; ;,..:: S AT OF FL4RIDA CQUNTY QE' PiNELLAS 1 : r i ...,./ (SEAL) JOHN'S. WAGSTAFF, Per o ial Reptesentakive nf th rstate of LDUIS A. VANECH, Deceased. i r ( 5EA4) j, . r•. i r - - MICktAFL A. SPTR'f05 ParsonaL Representative oP rha Eskate oE GOUTfi A. VANECH, Dece spd. SEAL1 0 5, er'sonal Represen ariv of the Estake QE GOtlIS A. VANECH, Decease l. 5EAL 1 SYD IAIR, Personal Rep[esentative F the state oF LaUiS A. VANECH, deceased. SEAL1 HENRSP F[ENI TQLJ Z, Persanal R presenGative nE thE atate oE T,pUiS A. VANECH, peCessed. BEFORE ME, tt e undersigned officer, duly autharized to kake acknowledgmants and administer aa hs, p rsanally appeared, JOHN, S. WAGSTAPF, MICLaA I, A. SPiRT S, GRRY W. LY4N5, SYD SNAIR and fIENRY HENRS(UE2 td m? known and known by rne to be the perspns des ribed in the forqgoing instrumenti, and th y acknowledc d that they execured the same as their ree act and deed for lhe purpases therein expressed. WITN S5 my hand and official seal at Clearwatet, sei d':county and state, his =7 r d y of ' ., ,, 1987. •- • . i!/tr ri' l' ' •C- ' N1y Commission Expires: t3otary Puhlic - °.-- T i , J0T;4RY OU6LIC iTATE OF FL00.10 • , • MY COMMI551aN [I(91iE5 R1LY 20 59H1 Bpr+0E4 iHRU GENERnL IHSI1Wa.VC: UNV Attachment B Page 11 of 12 Pages SSLL No. 5203_ 4 Z a.iOPaCE 999 EXHIBIT "A" TO DEED OF C lNEYANCE FROM Z'HE ESTATE QF LQUT5 A. VANECH TO Tt1E CITY OF CLEARWATER This roperty is neverkheless eunveyed upon the Eollowing vanditions: the real praperty and impravements as may be situete khereon Eram time to time shall fn perpetuity be used ar a pu6lia pur aose ar purposes for the use, education and bene it of the citiaens a Clearwater, inctudLng, but not Limited to, a police substakion l.nv lving custamary police activities and other prograins provided through such an entity, including but not limited to, public saFeGy and information programs involving crime preventfon, child abuse, cape fnterv ntion, drug and alcohol abuse, neighbocheod rime watch, juvenile diversion, th OfEicer Friendly" rogcam, and may not be sold, transferred or conveyed, in whole ar in p3rt, directly ac indirectly to any entity or inciividual fdr a caaunercial enterprise or nrivate ownexship Por any use whatsaever. This.rQskriction does nat preclude khe City of Clearwater fram leasing space or sharing s ace with athar governmental, regulatary or mu icipal or charitahle bodles ar entiti s, nar, after 20 ye rs from the date h reoE, does it prevent the City from selling the property ar fair market value and paying the net praceeds received therefrom to khe otber charitable benefi iaries aE said eskat, then in exisrence, as tha same have been, or were, determined In khe prabate caurt File in and Eor the 5ixth Judicial Circuit for pinellas Caunty, L'larida, Case No. 85-5145-ES 003, payment to 6e made on a prorata has3s. As a further condition, the Grankee sha11 nc raze the existinq etructure ar a period oE ten (1Ul yeacs from the date hereof; prnvidecl. nevertheless, in th event the struC ure is suhstantially destroyed, ar becomes or is rendered unsafe Por occuaation, khrough no ault oE the Grantee, wi.thin the said LO-year period pcovided, Grantee shall not be o6 igatec7 to rebuild the structure. As a Eurther condition o this grant, khe said Grantee shall at all tiines maintain in good condition a plague ar oth c visible evidence that the property was donat?d by Louise A. Vanech and/or is used in memory of the said Louis A. Vanech and the building shall 6e dedicated znd• known as the Lpuis A. Vanech Building or Cantar. in the event the City oE Clearwater shauld vialale the terms and provistons oE this need or the Court Ordec approvin this transfer, then khe propezty. together wikh any and all improvements situate th2rean, shall thereupon i mediately revert to the athar ahartL•able benePiciaries of said estate, then in existence, as the same have been, or were, deker ined in the pro6ate court Eile in and Eor the Sixkh Judicial Circuit Eor Pi,nellas Caunty, Florida, C se yo. 85--5195-ES Op3. Attachment S Page l2 of 12 Pages SSLL No. 5203450G3 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#24-1626 Agenda Date: 2/20/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Works Agenda Number: 6.8 SUBJECT/RECOMMENDATION: Approve Guaranteed Maximum Price (GMP) 2, Amendment 4 to the Agreement with Ajax Building Company, LLC, of Midway, FL, for construction of Municipal Service Building (MSB) Renovations (23-0035-EN), in the amount of $3,193,901.00, increasing the purchase order from $5,822,660.00 to a not to exceed total of $9,016,561.00, pursuant to Request for Qualifications 59-23 and authorize the appropriate officials to execute same. SUMMARY: City staff is requesting approval of GMP with authorization to conduct final negotiations with Ajax to refine schedule information to incorporate a phased move-in approach and potentially reduce amount of several line items. Final cost will not exceed the total GMP of $9,016,561.00. Ajax was selected via RFQ 59-23. December 19, 2023, City Council approved an agreement and $369,965.00 pre-construction phase proposal to Ajax with $110,605.00 funded by the MSB Renovations project and the remainder funded by the City Hall project. MSB renovations will improve space efficiencies of the existing 66,063 square foot facility allowing for right-sizing of the proposed City Hall project, creating a productive workspace that meets specific needs of the remaining City departments while providing a comfortable and aesthetically pleasing atmosphere for employees and visitors alike. September 17, 2024, City Council approved a $362,616.00 purchase order for early procurement of an air handling unit for the MSB and a $1,140,302.00 design work order with Wannemacher Jensen Architects (WJA). October 3, 2024, Council approved a $5,712,055 Early Release package GMP 1 for the MSB Renovations that included early equipment purchases, selective interior demolition, millwork, doors, frames and hardware, glass, and glazing, framing and drywall, ceilings, painting, fire protection, HVAC, partial electrical and audio-visual costs. This approval brought the MSB Ajax PO to $5,822,660.00 (MSB portion of the preconstruction phase fee and the Early Release Package GMP). Combined efforts by City, Owners Representative Broaddus, Ajax and WJA, resulted in over $2.5M in cost avoidance. Efforts include significant design work to reuse existing walls to reduce demo and new construction costs including the in-wall utilities, early release of air handling unit, vacating the entire facility versus one floor at a time, discounts from purchasing furniture concurrent with City Hall, relocation and temporary rental furniture reduction, and executing project concurrently with City Hall. This MSB GMP covers the balance of the work for the project, including updated workspaces for city staff, new millwork, wall finishes, ceilings and flooring, as well as updates to fire sprinkler, plumbing, mechanical, electrical, and audio-visual-systems. Current total MSB Renovations project costs for design, construction and furnishing is estimated to be $13.7 million. The project funding includes $10M of prior year General Fund revenue. The $2M for MSB furniture was initially intended to be added to the project for a total of $12M. An amendment is needed to provide additional revenue to fully fund the project, including additional funds as contingency for unforeseen costs for a total project budget of $14M. First quarter amendments will transfer an additional $4M from the sources listed below to provide the remaining funds necessary for the project. Work will begin in February 2025 with an 8-month construction duration to substantial completion; followed by furniture set up and a phased staff move-in starting in October 2025. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will include the following transfers to capital project ENGF230001, MSB Page 1 City of Clearwater Printed on 2/14/2025 File Number: ID#24-1626 Renovations, to provide total funding necessary to complete the project: ·A transfer of $2,000,000 from capital project GSBM180001, General Facility Building Major Renovations (funded with General Fund revenues to provide for furnishings), ·A transfer of $365,000 from capital project GSBM180009, New A/C Chiller Systems (funded with General Fund revenues to provide for the air handler unit), ·A transfer of $274,000 from capital project ENGF220001, New City Hall (funded with General Fund revenues, this amount covers the previously included roof solar scope, photovoltaics and panel supports on the new City Hall), ·A transfer of $500,000 from Administrative Services Fund reserves to provide for enhancements to building technology, ·And, a transfer of $861,000 from General Fund reserves. USE OF RESERVE FUNDS: Funding for this purchase will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $861,000 to capital improvement project ENGF230001, MSB Renovations. Inclusive of this item if approved, a net total of $14,531,000 of General Fund reserves has been used to date to fund expenditures in the 2024/25 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $41.4 million, or 18.3% of the current General Fund operating budget. First quarter amendments will also include the allocation of Administrative Services Fund reserves in the amount of $500,000 to capital improvement project ENGF230001, MSB Renovations. The remaining balance of Administrative Services Fund reserves after 25% working capital reserves is approximately $11.5 million or 63% of the current Administrative Services Fund operating budget. STRATEGIC PRIORITY: The MSB Renovation project supports the four strategic priorities below. The renovations will improve indoor air quality and energy efficiencies while providing safe and streamlined public interface. Page 2 City of Clearwater Printed on 2/14/2025 lnit. Document A133® -2019 Exhibit A Guaranteed Maximum Price Amendment This Amendment dated the 10TH day of February in the year 2025 , is incorporated into the accompanying AIA Document Al33TM_2Q19, 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 October in the year 2024 (the "Agreement") (In words, indicate day, month, and year.) for the following PROJECT: (Name and address or location) Municipal Services Building Renovation 100 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 109 Commerce Boulevard Oldsmar, Florida 34677 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 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. 1 §A.1.1 Guaranteed Maximum PricePursuant to Sections 3.2.1.1 and 3.2.6 of the Agreement, the Owner and ConstructionManager hereby amend the Agreement to establish a Guaranteed Maximum Price for thatcertain Project Segment referred to as "Guaranteed Maximum Price Proposal - Clearwater Municipal Services BuildingRenovation Proposal" (the "SECOND Project Segment"), which SECOND Project Segment is furtherdescribed in the exhibits attached hereto and incorporated herein by reference. As agreedby the Owner and Construction Manager, the Guaranteed Maximum Price is an amountthat the Contract Sum shall not exceed, as specified below in Section A.1.1.1. The ContractSum for the SECOND Project Segment consists of the Cost of the Work (as that term is AIA Document A 133 - 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 15:40:52 ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031) lnit. defined in Article 7 of the Agreement) for the SECOND Project Segment plus the 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 SECOND 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 SECOND 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 necessarygovernmental 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 itsobligations hereunder and has sufficient experience and competence to do so; ( c) that, prior to the execution of thisAmendment, it has obtained and carefully studied the geotechnical report for the Project site and all other reports ofexplorations and tests of surface and subsurface conditions at the Project site and drawings of physical conditions in orrelating to existing surface and subsurface structures which are at or contiguous to the Project site made available to it bythe Owner (collectively, the "Geotechnical Report"): (d) that it has reviewed and checked all information and data shownor indicated on the Contract Documents with respect to existing Underground Facilities (as defined in Section 3.2.2.1 ofthe A201-2017) at or contigµous to the Project site and assumes responsibility for the accurate location of saidUnderground 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 theGMP Amendment shall be deemed to have acknowledged that such information is all that is necessary for theperformance or furnishing of the Work at the Guaranteed Maximum Price, within the Contract Time and in accordancewith all other terms and conditions of the Contract Documents. provided that such activities are performed to the best ofConstruction Manager's ability as a licensed general contractor experienced with projects similar in nature andcomplexity to the Project and not as a licensed architect or engineer. §A.1.1.1 The Contract Sum for the SECOND Project Segment is guaranteed by the Construction Manager not to exceedEight Million Nine Hundred Five Thousand Nine Hundred Fifty Six Dollars ($8,905,956), subject to additions anddeductions 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 theGuaranteed Maximum Price for the SECOND Project Segment organized by trade categories, including allowances; theConstruction Manager's contingency; alternates; the Construction Manager's Fee; and other items that comprise theGuaranteed Maximum Price as defined in Section 3.2.1 of the Agreement.(Provide itemized statement below or reference an attachment.) See Exhibit 1, Guaranteed Maximum Price Proposal - Clearwater Municipal Services Building GMP, attached hereto and incorporated herein by reference. The Construction Manager's General Conditions Costs are further itemized in Exhibit 1, attached hereto. The Guaranteed Maximum Price in this Amendment includes the Construction Manager's General Conditions Costs for a period of eight (8) months following the execution of this Amendment. General Conditions Costs for periods of time after eight (8) months following the execution of this Amendment shall be specified in a future GMP Amendment, if executed by the by the parties.A.1.1.3 s. The Construction Manager's Fee for the SECOND 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 Section6.1.3 of the Agreement. §A.1.1.5 Alternates§A.1.1.5.1 Alternates for the SECOND Project Segment, if any, included in the Guaranteed Maximum Price: AIA Document A 133 -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 15:40:52 2 ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031) lnit. Item Price Not Applicable §A.1.1.5.2 Subject to the conditions noted below, the following alternates for the SECOND Project Segment may be accepted by the Owner following execution of this Amendment. Upon acceptance, the Owner shall issue a Modification tothe Agreement. Not applicable for this Project Segment §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) Not Applicable §A.1.1.7 The Guaranteed Maximum Price includes the Construction Manager's contingency for the SECOND Project Segment (as described in Section 3.2.4 of the Agreement) in the amount of: Four Hundred Thousand Dollars ($400,000) ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §A.2.1 The date of commencement of the Work shall be: [ ] The date of execution ofthis Amendment. [ X ] Established as follows: 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 or iii) the receipt ofall applicable building permits. 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 Second 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: [ X ] Not later than (212) 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 areto be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve SubstantialCompletion of such portions by the following dates: Portion of Work See Exhibit 1 Substantial Completion Date §A.2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, liquidateddamages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. AIA Document A 133 -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 15:40:52 3 ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031) lnit. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED §A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment are based on the ContractDocuments and the following: §A.3.1.1 The following Supplementary and other Conditions of the Contract: Document Title Not Applicable Date Pages §A.3.1.2 The following Specifications: Refer to Exhibit 1 - "GUARANTEED MAXIMUM PRICE PROPOSAL - FINAL" dated February 10, 2025. 4 § A.3.1.3 The following Drawings: Refer to Exhibit 1 - "GUARANTEED MAXIMUM PRICE PROPOSAL - FINAL" dated February 10, 2025. § A.3.1.4 The Sustainability Plan, if any:(Ift he Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents thatcomprise 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 rolesand responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testingor metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for theProject, as those terms are defined in Exhibit C to the Agreement.) Not applicable. Other identifying information: § A.3.1.5 Allowances, for the SECOND Project Segment, if any, included in the Guaranteed Maximum Price:(Identify each allowance.) Refer to Exhibit 1 - "GUARANTEED MAXIMUM PRICE PROPOSAL - FINAL" dated February 10, 2025. § A.3.1.6 Assumptions and clarifications, for the SECOND Project Segment, if any, upon which the Guaranteed Maximum Price is based: See Exhibit 1. 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 1 or elsewhere in the Contract Documents, in no event shall the Owner have control over, charge or, 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 SECOND Project Segment is based upon the following other documents and information: The initial construction schedule required by Section 3.3.2.2 of the Agreement is attached hereto in Exhibit 1. 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. AIA Document A 133 - 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 15:40:52 ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031) lnit. The Constructions Manager's Logistics Plan attached hereto in Exhibit 1 and incorporated herein by reference in accordance with Section 3.2.3.9 if 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, identifiedbelow:(List name, discipline, address, and other information.) Not Applicable 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 bythe respective Party on whose behalf he or she is executing this Amendment to execute this Amendment on such Party'sbehalf and that once executed by him or her. this Amendment shall be valid and binding upon suchParty. §A.5.2 This Amendment may be signed in counterparts. each of which when executed and delivered shall be deemed to bean original and all of which, taken together, shall be deemed to be one and the same instrument. For purposes of executionand delivery of this Amendment. a document signed and transmitted by: (i) emailed PDF scan. or (ii) by electronicsignature using DocuSign or other similar technology, shall be treated as an original document. The signature of eitherParty on an emailed PDF scanned version of this Amendment or a copy of this Amendment signed by electronic signatureusing DocuSign or other similar technology shall be considered as an original signature and the document transmittedshall be considered to have the same binding legal effect as if it were originally signed. At the request of either Party, anyPDF scanned document or document signed using DocuSign or other similar technology shall be re-executed by bothParties in original form. Neither Party may raise the use of emailed PDF scan or DocuSign or other similar technology orthe 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 withthe Construction Phase of the Work of the SECOND Project Segment. §A.5.4 To the extent the Construction Manager has performed Work within the scope of this Contract before execution ofthis Amendment all rights and liabilities of the Parties for performance of the prior Work are merged and included withinand shall be governed by the terms and conditions of this Amendment. All compensation paid for prior Work performedby or on behalf of the Construction Manager related to the Project is included in the Contract Sum. 5 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. AIA Document A 133 - 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 15:40:52 ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031) lnit. CITY OF CLEARWATER, a Florida Municipal Corporation OWNER (Signature) (Printed name and title) AJAX BUILDING COMPANY, LLC, a Florida Limited Liability Company CONSTRUCTION MANAGER (Signature) William P. Byrne, Chief Executive Officer (Printed name and title) Exhibit 1 to GMP Amendment Early Release Package Guaranteed Maximum Price Proposal dated 9/11/2024 (See attached 44 pages) AIA Document A 133 -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 15:40:52 6 ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031) Countersigned: CITY OF CLEARWATER, FLORIDA ________________________ By: __________________________ Bruce Rector Jennifer Poirrier Mayor City Manager Approved as to form: Attest: ________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk lnit. CITY OF CLEARWATER, a Florida Municipal Corporation OWNER (Signature) (Printed name and title) AJAX BUILDING COMPANY, LLC, a Florida Limited Liability Company Exhibit 1 to GMP Amendment Early Release Package Guaranteed Maximum Price Proposal dated 9/11/2024 (See attached 44 pages) AIA Document A 133 -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 15:40:52 7ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031) Exhibit 1 to GMP Amendment Guaranteed Maximum Price Proposal - FINAL dated February 10, 2025. (See attached 65 pages) Municipal Services Building Renovation 100 South Myrtle Avenue Clearwater, FL 33756 Ajax Job: 50000298 GUARANTEED MAXIMUM PRICE PROPOSAL February 10, 2025 _____________________________________________________________________________ Ajax Building Company, LLC 109 Commerce Blvd. Oldsmar, FL 34677 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 TABLE OF CONTENTS I.Executive Summary II.List of Documents III.Description of Work A.Clarifications, Qualifications, Assumptions and Exclusions IV.GMP Cost Summary A.GMP Cost Narrative B.GMP Cost Report – Base Bid GMP (CM Summary Report) C.GMP Cost Report – Base Bid GMP (CM Detail Report) D.Allowance Schedule E.Alternates V.Logistics Plan A.Logistics Plan Narrative B.Logistics Plan VI.Project Schedule A.Project Schedule Narrative B.Project Schedule AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 EXECUTIVE SUMMARY Ajax Building Company, LLC is pleased to present this Guaranteed Maximum Price (GMP) Proposal No. 2 – Final for the Clearwater Municipal Services Building Renovation for consideration by The City of Clearwater. This GMP Proposal No. 2 – Final represents the second and final cumulative GMP Proposal for this multi-GMP project. Included within this GMP Proposal are cost reports, schedule and other project information to be utilized by the project team as the project moves forward. This GMP Proposal, upon acceptance by The City of Clearwater, is intended to serve as the basis for an Amendment to the CM Contract, adding the next portion of work to the current contract. Project Description The project consists of the renovation of the existing three-story Municipal Services Building. The work will include updated workspaces for City Staff along with new millwork, wall finishes, ceilings, and flooring. Updates to the fire sprinkler, plumbing, mechanical, electrical, and audio-visual systems are also scheduled to be included. Previously Accepted GMP Proposals The following GMP Proposals have been previously accepted and are currently included in the Agreement between Ajax Building Company, LLC and The City of Clearwater GMP Proposal No. 1 - Early Release Package: Includes selective interior demolition, architectural millwork, doors, frames and hardware, glass and glazing, framing and drywall, acoustical ceilings, painting fire protection, HVAC and partial electrical / audio-visual costs. The current Contract Sum, inclusive of the previously accepted GMP Proposals and Contract Amendments to date, totals $5,712,055. Current GMP Proposal - GMP Proposal No. 2 – Final This GMP Proposal No. 2 Final includes the balance of the work for the Clearwater Municipal Services Building Renovation. Ajax Building Company, LLC is confident that the GMP costs included herein are representative of the proposed scope of work depicted in the GMP Documents. The work included in this GMP Proposal is based upon the List of Documents included in Section II of this proposal as amended 1) the Clarifications, Qualifications, Assumptions, and Exclusions, and 2) the Allowance Schedule, contained in Sections III and IV of this proposal. This GMP Proposal No. 2 Final cumulative total is $8,905,956 upon acceptance, the cumulative Contract Sum will be $8,905,956, inclusive of this GMP Proposal, previously accepted GMP Proposals, and Contract Amendments to date. The increase for the GMP Amendment 2 is calculated as follows:  GMP 2 Final cumulative total $8,905,956  GMP 1 ERP total / Amendment No. 1 ($5,712,055)  Amendment No. 2 Total $3,193,901 The Construction Manager’s Preconstruction Phase Services is not included in the GMP Proposal. Per Contract, the CM Preconstruction Phase Services total is $110,605 to the MSB Renovation project (23-0035-EN). Note: The Municipal Services Building (MSB) renovation work is being presented and accounted for separate from AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 the New City Hall work; however, both work areas are covered under the Agreement between Owner and Construction Manager dated December 19, 2023. Note: The GMP Proposals presented by Ajax Building Company, LLC are cumulative and are not independent of one another. In addition to the base GMP Proposal, Ajax Building Company, LLC has provided pricing for various Alternates in Section IV-F of this proposal for consideration by City of Clearwater. At this time, only Alternate No. 2 has been accepted and included within the base GMP Proposal. The following is a summary of the Alternates: ▪ Alternate No. 1 – Public Restroom Upgrades Add $21,088 ▪ Alternate No. 2 – Customer Service Upgrades Included in GMP $---------- ▪ Alternate No. 3 – Penthouse Exterior Repairs Add $17,194 ▪ Alternate No. 4 – BDA / DAS System Add/Deduct $---------- ▪ Alternate No. 5 – Vertical Storm Drain Replacement Add $57,083 ▪ Alternate No. 6 – Window Treatments Add $142,894 ▪ Alternate No. 7 – Acoustical Sound Baffles Add $17,750 ▪ Alternate No. 8 – Replace Site Lightpole Heads Add $6,972 Project Schedule The project schedule included within this proposal is based on the information represented in the GMP Documents. The project schedule reflects an overall duration of seven (7) months for the construction phase of the project. The following contractual dates are incorporated into the CM Contract via this GMP Proposal. ▪ Substantial Completion September 12, 2025 ▪ Final Completion October 12, 2025 The following additional Milestone Dates are anticipated within the project schedule in order to achieve the contractual dates listed above. ▪ Mobilization / Start of Construction February 12, 2025 ▪ FFE Installation Complete October 31, 2025 ▪ Owner Occupancy November 1, 2025 In order for mobilization activities to commence on February 12, 2025, as scheduled, the following contractual activities will need to be completed as indicated. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ▪ GMP 2 Negotiations Complete January 31, 2025 ▪ CM Contract Amendment Executed - GMP 2 February 20, 2025 ▪ All Required Permits Issued February 7, 2025 ▪ Notice to Proceed Issued February 7, 2025 In order to expedite the project start-up activities, the Design Team, the Construction Manager and the Owner will be required to closely coordinate and expedite submittal review/approval, respond to information requests, respond to conflicts/unforeseen conditions, etc. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 LIST OF DOCUMENTS The work included in this GMP Proposal is based upon the List of Documents immediately following this narrative subject to amendments 1) the Clarifications, Qualifications, Assumptions, and Exclusions and 2) the Allowance Schedule, contained in Sections III and IV of this proposal. The List of Documents includes the: ▪ Contract Drawings ▪ Project Specifications AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 CONTRACT DRAWINGS Entitled Clearwater Municipal Building Renovation – Addendum 1 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 PROJECT SPECIFICATIONS Entitled: Clearwater Municipal Building Renovation – Addendum 1 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 CLARIFICATIONS, QUALIFICATIONS, ASSUMPTIONS, & EXCLUSIONS Basis of the GMP Proposal This GMP Proposal has been prepared based on the following documents: ▫The Contract Drawings entitled “Clearwater Municipal Services Building Renovation – Permit Set” Documents dated September 9, 2024 as prepared by Wannemacher Jensen Architects, Inc. Refer to Document List included in Section II of this proposal. ▫The Project Specifications entitled “Clearwater Municipal Services Building (MSB) Interior Renovation – Permit Set” dated September 9, 2024, as prepared by Wannemacher Jensen Architects, Inc. Refer to Document List included in Section II of this proposal. ▫Addendum No. 1 prepared by Wannemacher Jensen Architects, Inc and their consultants, dated October 30, 2024, to the extent that the addendum was made available and issued to bidders by Ajax Building Company, LLC as part of a bid package addenda prior to their bid date. ▫Drawings entitled “Clearwater Municipal Services Building Renovation – Revision 2: BCP2024-100362 PERMIT” Documents dated December 13th, 2024 as prepared by Wannemacher Jensen Architects, Inc. and their consultants, and the drawings entitled ““Clearwater Municipal Services Building Renovation – Revision 2: BCP2024-100362 PERMIT R1” Documents dated January 21, 2025 as prepared by Wannemacher Jensen Architects, Inc. and their consultants, that were not made available and issued to bidders by Ajax Building Company, LLC as part of a bid package addenda prior to their bid date. NOTE THAT THESE DRAWINGS ARE CARRIED AS AN ALLOWANCE OF $50,000 WITHIN THE GMP PROPOSAL. ▫The Construction Manager’s GMP Cost Report dated January 31, 2025 ▫The Construction Manager’s Project Schedule dated February 3, 2025. ▫The Bid Packages and Bid Package Addenda issued to bidders by the Construction Manager. It is understood that this GMP Proposal will require reconciliation, either additive or deductive, for scope increased or decreased between this GMP Proposal and the 100% Construction Documents. It is understood that various allowances are included in this GMP Proposal as indicated in Section IV-D of this proposal. It is further understood that the Construction Manager’s Contract will require adjustments by change order (either additive or deductive) for reconciling the difference between each allowance and the actual costs and/or savings realized on each allowance. All allowances are to be utilized in accordance with Section 3.8.4 of the of the executed Agreement. All allowance expenditures must be approved in writing by the City of Clearwater. These qualifications, clarifications and assumptions are intended to supplement the GMP Cost Report and the GMP Documents and are intended to inform the Owner and the Design Team of the Construction Manager’s interpretation of the scope items which are included or excluded, and which may not be clearly shown or defined by specification, plan, elevation, detail, section, schedule, or schematic. Scope of the GMP Proposal The scope of this GMP Proposal consists of the following: ▫The Construction Manager’s general conditions and general requirements for a period of eight (8) months. ▫Base Bid GMP – Includes the following scope of work: The project consists of the Renovation of the City of Clearwater Municipal Services Building. Work includes selective interior demolition, architectural millwork, doors, frames and hardware, glass and glazing, framing and drywall, acoustical ceilings, flooring, painting, fire protection, HVAC, electrical, audio-visual, and security / technology systems. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ▫ Alternates – The following “Alternates” have been priced and are offered for consideration as part of this proposal. Refer to Section IV-F of this proposal for a more detailed description and pricing for the alternates.  Alternate No. 1 – Public Restroom Upgrades  Alternate No. 2 – Customer Service Upgrades (Included in GMP)  Alternate No. 3 – Penthouse Exterior Repairs  Alternate No. 4 - BDA / DAS System  Alternate No. 5 – Vertical Storm Drain Replacement  Alternate No. 6 – Window Treatments  Alternate No. 7 – Acoustical Sound Baffles  Alternate No. 8 – Replace Site Lightpole Heads Division 01 – General Requirements  Clarifications, qualifications and assumptions related to Division 01: ▫ This GMP Proposal includes the Construction Manager’s general conditions and general requirements for a period of eight (8) months. ▫ The General Conditions in the amount of $418,181 and General Requirements in the amount of $210,281 are considered lump sum per Agreement between Owner and Construction Manager. ▫ We have included the necessary jobsite supervision, layout, safety supplies, equipment, postage, office equipment, project internet, and jobsite communications. ▫ We have not included a jobsite office facility for the Owner’s Representative. ▫ Aerial photographs have not been included. ▫ Building permits are not included as they are assumed to be paid direct by the Owner. ▫ Environmental permits are not included. ▫ Tap fees, connection charges, system charges, impact fees, meter fees, or other regulatory requirements/fees are not included as all utilities are being tied into existing utility services. ▫ Costs related to a threshold inspector are not included. ▫ Material testing is included as an Allowance in the amount of $5,000. ▫ Temporary utility services (water, sewer and electric) are not included. It is assumed that all temporary utilities required for the project will be tied into permanent utilities and that these permanent utilities are readily accessible, of adequate size to handle any additional load as required by temporary utilities and that temporary on-site facilities can be located as necessary to prevent the need for any substantial overhead and/or underground temporary utilities. ▫ Temporary water, sewer and electric utilities are existing. The consumption costs associated with these utilities will be paid for by the Owner and are not included in the GMP Proposal. ▫ We have included costs for Scheduling Software, Updates, Maintenance, and Support within the GMP as part of our lump sum General Conditions Costs. ▫ We have included costs for MIS Services related to the project. This includes software updates associated with Ajax Building Company, LLC standard software provided for cost management, computer operating systems, PDF software, word processing applications, and spreadsheet applications. This includes troubleshooting, virus management/remediation, malware/adware management/remediation, updates, and maintenance of these systems. This does not include services related to scheduling, document control, and Project Management Controls, which are provided via other applications noted below. This does not included service provider costs for internet/telephone, initial setup, wiring, or connections. This cost is included as part of our lump sum General Conditions and General Requirements cost. ▫ We have included costs for Document Management and Project Management Controls Services. These services will be provided via a cloud-based platform that will allow direct access to all Construction AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 personnel, including Owners, Architects, and Subcontractors. Services will include the ability to access/manage the information via mobile devices via the internet. Services included will be Plans and Specs Maintenance and distribution, RFI Control, Submittal Control, Punch List Management, Daily Reports, along with other related functions inherent in the platform. This cost is included as part of our lump sum General Conditions and General Requirements cost. ▫We have included costs to host project-related video conferencing and file sharing. These services will be provided via cloud-based platforms. This cost is included as part of our lump sum General Conditions and General Requirements cost. ▫We have included costs for Oracle Textura Payment Management (TPM) System for the administration of the subcontractor payment application process. This cost is included as part of our lump sum General Conditions and General Requirements cost. ▫Temporary jobsite fencing and gates are included as 6’-0” high chain link fencing. ▫One (1) each standard 4’ x 8’ project sign is included. ▫A site or existing conditions survey is not included. ▫The final project cleaning is included. ▫Jobsite cleanup, rubbish removal and rubbish disposal are included. ▫An as-built survey is not included. ▫Performance and Payment Bonds are included. ▫Labor burden multiplier is included as a fixed rate of 48%. This multiplier is to account for all added expenses related to direct labor that are not included as part of OH&P. ▫We exclude any local, state, or federal prevailing wage acts or laws that mandate worker classification, prevailing wage rates, or fringe benefits, including the Davis-Bacon Act and other similar acts or laws. ▫We have included this project’s portion of our Umbrella / General Liability Insurance Policy within the GMP. The charge for this coverage shall be $93,774 and shall be billed as a lump sum amount upon approval of the GMP and issuance of the Notice to Proceed. ▫Costs for procuring Builder’s Risk Insurance are included. The standard deductible for this policy is $25,000. The windstorm deductible for this policy is 3% Value at Risk at Time of Loss (VARTOL) / $250,000 minimum. The flood deductible for this policy is 5% VARTOL / $250,000 minimum. The earthquake deductible for this policy is $25,000. Should a Builder’s Risk claim occur, any deductibles or uncovered costs will be treated as a change in scope to be funded via a change order to the Construction Manager’s Contract. Builder’s Risk coverage is subject to the Project Limit of Liability as declared at policy inception. Sub- limits, accumulative and non-accumulative, will apply as further defined in the policy declarations. “Loss of Use” coverage is not included in the policy. If a Builder’s Risk claim occurs, Ajax Building Company, LLC excludes costs associated with “Loss of Use”. ▫The Builder’s Risk and General Liability Policies do not cover existing construction or existing building components, therefore the Owner shall provide for a waiver of subrogation in Ajax Building Company, LLC’s favor. ▫We have included Warranty Management for the project within the GMP. The charge for this service to be provided during the warranty period shall be $3,583 and shall be billed as a lump sum amount upon approval of the GMP and issuance of the Notice to Proceed. ▫A Construction Manager’s Contingency is included. This contingency is to be utilized by Ajax Building Company, LLC in executing the work described in this GMP Proposal as identified in the Agreement Between Owner and Construction Manager. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ▫ Based on current market volatility, a Pre-Purchase Refinement Allowance of $177,107 is included. The purpose of this allowance is to reconcile the buyout after GMP award for costs associated with supply chain impacts subsequent to the buyout reconciliation change order. ▫ Architectural and/or Engineering Fees are not included. ▫ The Construction Manager’s Construction Phase Fee is included at the rate of 3.85% of the GMP which shall be converted to a lump sum upon acceptance of the GMP. ▫ This proposal does not include any provisions for enhanced hurricane protection (EHPA). ▫ Should the Owner elect to utilize the Direct Purchase Order process to save sales tax, the tax for actual purchases will be credited to the Owner. At the end of the Project, any refund for materials not purchased or surplus materials returned to suppliers plus the applicable sales tax amount shall be credited with an additive Change Order to the Agreement with the Construction Manager and Subcontractor’s Agreement. Surplus materials shall be the property of the Subcontractor and no refund or materials shall be due to the Owner. ▫ Appendix A to the project specifications is excluded from this GMP proposal. General Conditions and Contract Documents are as negotiated in the executed Contract Agreement. Any technical specifications required for his project are to be incorporated into the project specifications. ▫ As the final Permit Comments from the City have not fully been received nor has the Architect provide updated responses for such, we have included an Allowance of $50,000 for potential costs associated with permitting comments. Division 02 – Existing Conditions  Clarifications, qualifications and assumptions related to Division 02: ▫ Abatement and Remediation Work  We specifically exclude any asbestos abatement, lead paint abatement or removal, PCB abatement or removal, and related surveys, air monitoring, clearances, testing services, etc. ▫ Demolition / Selective Demolition  Demolition work and selective demolition work, as required for the renovations and new construction, is included in this proposal.  We specifically exclude the relocation and/or reinstallation of any existing or temporary buildings, structures, etc.  Demolition work for Alternate No. 1 Customer Service Upgrades is included.  Removal of demountable partitions is included as an allowance of $30,000.  Moving services, moveout / decommissioning services, and move in, are included as an allowance of $190,000. Division 03 – Concrete  None included. Division 04 – Masonry  None included. Division 05 – Metals  None included. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 Division 06 – Wood, Plastics and Composites  Clarifications, qualifications and assumptions related to Division 06: ▫ Millwork  Reference ID-202, tag L-1. This proposal does not include Carolina Intermix wood lockers. These are assumed to be furnished and installed by Owner as part of the Furniture package.  Millwork for Alternate No. 1 Customer Service Upgrades is included. Division 07 – Thermal and Moisture Protection  Patch and repair for new roof drains is included as an allowance of $12,350. Division 08 – Openings  Clarifications, qualifications and assumptions related to Division 08: ▫ Metal Doors and Frames  HM Frames to remain as called for on Demolition Plan and WJA Markup “2.2 Doors to Remain.pdf”.  All hollow metal frames are included as standard hollow metal. No mastic painting, asphalt painting, or back priming is included for hollow metal frames.  No zinc-rich priming is included, will be factory primed. ▫ Wood Doors  1-3/4” Plain Slice White Birch veneer wood doors are included as Forte. The selected subcontractor clarified that Masonite now operates under the brand name Forte Opening Solutions. This was a selection from the Specification 081416 list of acceptable Manufacturers.  This proposal includes VE item 2.2, valued at ($30,545), for select existing doors to remain per WJA markup “2.2 Doors to Remain.pdf”. ▫ Entrances and Storefronts  All exterior openings (doors, windows, storefront, curtainwall, etc.) to remain. ▫ Finished Hardware  All hardware as specified is included.  Existing hardware to remain as called for on “2.2 Doors to Remain.pdf”.  Windows for Alternate No. 1 Customer Service Upgrades are included. Division 09 – Finishes  Clarifications, qualifications and assumptions related to Division 09: ▫ Gypsum Board, Plaster and Stucco Systems  All new interior walls, rated and non-rated, are included. Supply and installation of aluminum end caps at walls terminating at glazing.  No interior veneer plaster or hard coat finishes are included.  Abuse resistant gypsum board is not included unless clearly identified on the Contract Drawings.  Mold/mildew resistant gypsum board is not included unless clearly identified on the Contract Drawings.  This proposal includes VE item 3. and VE Item 3, valued at ($65,998), to remove select gypsum board soffits and to be replaced with acoustical ceiling tiles per WJA markup “3.1 Change Soffit to ACT.pdf” and “3.2 Remove GB Soffits Above Cabinets.pdf”. ▫ Tile Work  Wall tile included. ▫ Ceilings AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 All acoustical ceilings are included. No special acoustical grid systems, tiles, tile colors, tile patterns, special tile edges, etc. have been included. This proposal includes VE item 3.1 and VE item 3.2 – Remove GB Soffits Above Cabinets, valued at $19,860, to add acoustical ceiling tiles in locations where select soffits were removed per WJA markup “3.1 Change Soffit to ACT.pdf” and “3.2 Remove GB Soffits Above Cabinets.pdf”. ▫Finished Flooring Reference Specifications 093013 and 012300. Specifications call for porcelain floor tile, but Alternate No.1 excludes porcelain wall and floor tile from the restrooms. The remaining flooring is LVT and carpet tile, and the wall tile is ceramic. Thus, this porcelain tile specification is not included. This proposal includes VE item 4.1, valued at ($451), to remove the backsplash at Wellness Room per WJA markup “4.1 Remove Tile at Wellness.pdf”. ▫Wall Finishes Level 5 finish is included. ▫Acoustical Treatment Acoustical baffles are not included. Acoustical baffles are part of ADD ALT No. 07. ▫Paints and Coatings Painting of interior walls, ceilings, and soffits is included.  No accent walls are included at time of GMP. Painting of hollow metal doors and door frames, and hollow metal window frames is included. No painting is included for concealed areas or areas otherwise not exposed to view. Reference Specification 21000 section 2.8. Manufacturer installation guidelines indicate painting of fire sprinkler piping red. This proposal excludes painting of sprinkler piping red. Sprinkler piping to be concealed by ceiling finishes will be left unpainted. Piping in areas with exposed ceilings will be painted to match exposed metal deck. Paint for Alternate No. 1 Customer Service Upgrades are included. Division 10 – Specialties Fire Protection Specialties – Fire Extinguishers. ▫(13) non-rated, recessed fire extinguisher cabinets and multipurpose fire extinguishers are included. Division 11 – Equipment Clarifications, qualifications and assumptions related to Division 11: ▫None Included. Division 12 – Furnishings Clarifications, qualifications and assumptions related to Division 12: ▫Artwork New artwork or decorative items have not been included in this proposal. ▫Manufactured Cabinets and Casework New reception casework and countertops have been included. Cabinets and countertops for office spaces have been included. All solid surface tops are included. ▫Moving Services Moving Services are included as an allowance of $190,000. This covers all Owner coordinated move out, decommissioning, and move in activities. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 Division 14 – Conveying Systems Clarifications, qualifications and assumptions related to Division 14: ▫Elevators An Allowance in the amount of $160,000 is included for code required battery backup / recall. Division 21 – Fire Suppression Clarifications, qualifications and assumptions related to Division 21: ▫Fire Protection Systems The Architect/Engineer of Record shall provide all required fire protection system engineering and layout documents for the project, including all engineering, calculations, analysis, layout, sizing and other data required for the fabrication and installation of the fire protection system(s) and shall be signed and sealed by the Engineer of Record and meet all requirements of the authority having jurisdiction. The construction manager’s fire protection subcontractor shall prepare and submit for review/approval, shop drawings and product data for the fire protection system(s) based upon the design documents provided by the Architect/Engineer of Record. Shop drawings and product data shall not require any additional engineering input and shall not be required to be signed/sealed by a delegated engineer. This proposal does not include the turning of heads or maintaining a live fire sprinkler system during the Renovation. Fire watch shall be provided during the City Council meetings in the 3rd Floor Studio in compliance with Clearwater Fire Ordinances. Personnel shall be safely escorted to and from the premises as required. The Fire Watch is included as an allowance in the amount of $19,200. Division 22 – Plumbing Clarifications, qualifications and assumptions related to Division 22: ▫Plumbing Work Domestic Water Piping  Modifications to existing hot and cold water supplies to new locations are included as indicated on the Contract Documents.  Supply stops are included at Refrigerators. Sanitary Waste and Vent Piping  Sanitary waste and vent piping modifications are included as indicated on the Contract Documents.  Existing waste and vent systems are assumed to be in acceptable working conditions. Storm Drainage Piping  Removal and replacement of horizontal storm piping at Roof Level / Level 4 is included as indicated on the Contract Documents.  An allowance in the amount of $10,000 is included for a camera investigation of vertical roof storm drains as required.  Replacement of (19) existing roof drains is included as an allowance of $28,263. Fixtures and Equipment  New kitchen sinks are included as shown.  This proposal includes VE item 6.1, valued at ($28,500), for a VE appliance package from specified. Division 23 – HVAC AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 Clarifications, qualifications and assumptions related to Division 23: ▫HVAC Work Pipe and Fittings  Modification to the existing pipes, valves and fitting  Connections to the new and replaced mechanical equipment. Insulation  Insulate new pipe as called for on documents.  Modify and repair existing pipe insulation. Air Handling Units  Receiving and installation of new AHU-2 Ductless Split Systems  New ductless mini split systems. Air Distribution and Ductwork  Modify existing ductwork (Main lines)  New distribution ductwork from VAVs to final distribution points  New flex duct from main lines to supply and return locations. Fans  (1) New Exhaust Fan. Air Terminal Units  New VAVs with electric heat strips  Controls/thermostats for VAVs to be located as shown on the documents. HVAC Instrumentation and Controls  Modification to the existing building controls has been included.  New control boards are not included. Testing, Adjusting and Balancing  Complete test and balance once the new system has been installed and construction has been completed. Division 26 – Electrical Reference E000 Demolition General Notes. Note 2 references that all existing conditions must be verified prior to bid. Existing conditions cannot be completely verified until demolition is under way. Thus, the extent of demolition is comprised of only what is displayed in the Construction Documents. Note 3 references that the GC is responsible for all required demolition whether shown on the plans or not. Pricing is based off what is indicated within the Construction Documents. Electrical for Alternate No. 1 Customer Service Upgrades are included. This proposal includes VE item 6.5, valued at ($56,648), to include Samsung monitors and a reduced quantity per WJA markup “6.5 TV Reduction.pdf”. This proposal includes VE item 14.3, valued at ($4,808), to remove Penthouse light fixtures per WJA markup “14 Lighting and Ceiling Evaluation.pdf”. This proposal includes VE item 14.4, valued at ($7,619), to reduce Back of House fixtures per WJA markup “14 Lighting and Ceiling Evaluation.pdf”. This proposal includes VE item 14.5, valued at ($2,327), to reduce Storage fixtures per WJA markup “14 Lighting and Ceiling Evaluation.pdf”. This proposal includes VE item 14.6, valued at -$47,500, to convert Cat6A Structured Cabling to Cat6. This proposal includes VE item 14.7, valued at -$69,000, to provide VE light fixtures from specified Lighting Vendor. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024  An allowance in the amount of $50,000 is included for potential electrical sitework requirements. Division 27 – Communications  Reference T000. The Construction Documents indicate a DAS system is to be provided by GC. However, the In- Building Public Safety Radio System Signal analysis Report dated 8/29/24 provided by Mann Wireless, Ltd. indicates a new DAS system is not required. This proposal does NOT include a DAS system. Division 28 – Electronic Safety and Security  None included. Division 31 – Earthwork  None included. Division 32 – Exterior Improvements  None included. Division 33 – Utilities  None included. General Notes  General clarifications, qualifications and assumptions related to the GMP Proposal: ▫ In order to maintain the project schedule, the installation and/or finishing of drywall, doors, cabinets, casework, and other similar finishes/components may be required to commence prior to the HVAC system(s) being operational, conditioned air being achieved, and/or the building envelope being fully enclosed. It is anticipated that the building will be substantially dry prior to the installation of these elements. ▫ Electronic, CAD or BIM “As-Builts” are not included. Ajax Building Company, LLC will maintain “As-Built” drawings at the jobsite throughout the construction phase and provide copies to the Architect and Owner at Final Completion. ▫ O&M training, manuals or video-training is not included for Owner furnished equipment or items provided by the Owner’s vendors. ▫ This GMP Proposal is not a line item GMP. Reallocation of any funds and/or budgets within the GMP ▫ (excluding allowances and General Conditions/General Requirements) is allowed with Owner concurrence, which shall not be unreasonably withheld. ▫ Various unforeseen conditions and discrepancies may arise during the construction phase. It is assumed that the Design Team and Owner will assign a staff member(s) that will be readily available to respond and provide timely assistance in resolving all issues that may arise. END OF CLARIFICATIONS, QUALIFICATIONS AND ASSUMPTIONS TO THE GMP PROPOSAL AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 COST REPORT NARRATIVE Ajax Building Company, LLC is confident that the GMP Cost Report included herein is representative of the proposed scope of work depicted in the GMP Documents. The work included in the GMP Proposal is based upon the List of Documents included in Section II of this proposal as amended by 1) the Clarifications, Qualifications, Assumptions, and Exclusions, and 2) the Allowance Schedule, contained in Sections III and IV of this proposal. This GMP Proposal No. 2 Final cumulative total is $8,905,956. Upon acceptance, the cumulative Contract Sum will be $8,905,956, inclusive of this GMP Proposal, previously accepted GMP Proposals, and Contract Amendments to date. The increase for the GMP Amendment 2 is calculated as follows: GMP 2 Final cumulative total $8,905,956 GMP 1 ERP total / Amendment No. 1 ($5,712,055) Amendment No. 2 Total $3,193,901 The Construction Manager’s Preconstruction Phase Services is not included in the GMP Proposal. Per Contract, the CM Preconstruction Phase Services total is $110,605 to the MSB Renovation project (23-0035-EN). Note: The Municipal Services Building (MSB) renovation work is being presented and accounted for separate from the New City Hall work; however, both work areas are covered under the Agreement between Owner and Construction Manager dated December 19, 2023. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 GMP Cost Report: BASE BID GMP CM Summary Report Cost Management Recap Sort Sequences: 1. Sec 2. Major Item Code 3. Not Used 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:44:00AM Description Total $Unit$ NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !! Total Major Item Code 01300.000 GENERAL CONDITIONS $418,181 Total Major Item Code 01300.300 GENERAL REQUIREMENTS $210,281 Total Major Item Code 02000.000 MISCELLANEOUS ITEMS $28,800 Total Major Item Code 02100.000 REMEDIATION & DEMOLITION $157,057 Total Major Item Code 06400.000 ARCHITECTURAL WOODWORK $272,167 Total Major Item Code 07500.000 ROOFING & SHEET METAL Total Major Item Code 08000.000 BASIC DOOR & WINDOW MATERIALS & METHODS $486,297 Total Major Item Code 08400.000 ENTRANCES & STOREFRONTS $40,433 Total Major Item Code 09100.000 GYP BOARD, PLASTER, & STUCCO SYSTEMS $519,418 Total Major Item Code 09500.000 CEILINGS $383,821 Total Major Item Code 09600.000 FINISHED FLOORING $542,874 Total Major Item Code 09900.000 PAINTS & COATINGS $121,204 Total Major Item Code 10000.000 MISCELLANEOUS BUILDING SPECIALTIES $33,363 Total Major Item Code 21000.000 FIRE SUPPRESSION SYSTEMS $135,241 Total Major Item Code 22000.000 PLUMBING WORK $394,433 Total Major Item Code 23000.000 HVAC WORK $1,424,200 Total Major Item Code 26000.000 ELECTRICAL WORK $2,087,293 Total Major Item Code 27000.000 COMMUNICATIONS SYSTEMS Total Major Item Code 35000.000 ALLOWANCES $731,920 Total Major Item Code 36000.000 BONDS & INSURANCE $190,369 Page 1 Sort Sequences: 1. Sec 2. Major Item Code 3. Not Used 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:44:00AM Description Total $Unit$ NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !! Total Major Item Code 37000.000 WARRANTY $3,583 Total Major Item Code 80000.000 CONTINGENCY $400,000 Total Major Item Code 95000.000 OVERHEAD & FEES $325,021 Total Sec BB BASE BID $8,905,956 Page 2 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 GMP Cost Report: BASE BID GMP CM Detail Report Cost Management Detail Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Sec BB BASE BID Major Item Code 01300.000 GENERAL CONDITIONS Minor Item Code 01300.000 ADMINISTRATIVE REQUIREMENTS 30.00 WEEK 15,547518.25 7.00 MO 56080.00 35.00 WEEK 81,6242,332.10 8.00 MO 1,280160.00 35.00 WEEK 58,3031,665.79 8.00 MO 2,400300.00 36.00 WEEK 138,3883,844.12 35.00 WEEK 36,2771,036.49 36.00 WEEK 83,8022,327.84 Operations Manager Operations Manager Vehicle Allo wance Senior Project Manager Senior Project Manager Vehicle A llowance Asst. Project Manager Asst. Project Manager Vehicle Al lowance Full Time Project Superintendent MEP Superintendent Full Time Project Engineer Watchmen 1.00 NIC Total Minor Item Code 01300.000 ADMINISTRATIVE REQUIREMENTS $418,181 Total Major Item Code 01300.000 GENERAL CONDITIONS $418,181 Major Item Code 01300.300 GENERAL REQUIREMENTS Minor Item Code 01350.000 SPECIAL PROCEDURES Project Document Management Software (.1%)1.00 LS 8,9078,907.00 Textura 1.00 LS 2,2002,200.00 Total Minor Item Code 01350.000 SPECIAL PROCEDURES $11,107 Minor Item Code 01410.000 REGULATORY REQUIREMENTS Transportation Impact Fees 1.00 NIC Impact/Connection Fees 1.00 NIC Total Minor Item Code 01410.000 REGULATORY REQUIREMENTS Minor Item Code 01420.000 SAFETY 5.00 EA 48496.76 Total Minor Item Code 01420.000 SAFETY $484 Minor Item Code 01430.000 QUALITY ASSURANCE 1.00 NIC Temporary Fire Protection (1 Ea / 6,000 SF) Threshold Inspector Punch List 1.00 LS 4,5004,500.00 Total Minor Item Code 01430.000 QUALITY ASSURANCE $4,500 Minor Item Code 01500.000 TEMPORARY FACILITIES General Purpose Laborer 39.00 WEEK 38,979999.47 General Purpose Carpenter 15.00 WEEK 20,3231,354.84 Page 1 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! A/E Trailer & Equipment 1.00 NIC Jobsite Office Equipment 8.00 MO 1,400175.00 Total Minor Item Code 01500.000 TEMPORARY FACILITIES $60,702 Minor Item Code 01510.000 TEMPORARY UTILITIES Chemical Toilets 8.00 MO 5,136642.00 Electric Usage Charge 1.00 NIC Water Usage Charge 1.00 NIC Early Cut-On Permanent Power 1.00 NIC Total Minor Item Code 01510.000 TEMPORARY UTILITIES $5,136 Minor Item Code 01530.000 PROJECT COMMUNICATIONS Jobsite Communications 8.00 MO 942117.70 Total Minor Item Code 01530.000 PROJECT COMMUNICATIONS $942 Minor Item Code 01540.000 CONSTRUCTION TOOLS & EQUIPMENT Small Tools & Equipment 8.00 MO 2,000250.00 Superintendent Pick-up Truck 9.00 MO 6,300700.00 Fuel for Superintendent Pick-up Truck 9.00 MO 3,371374.50 Temporary Stairs 1.00 FLRS 2,5002,500.00 Total Minor Item Code 01540.000 CONSTRUCTION TOOLS & EQUIPMENT $14,171 Minor Item Code 01560.000 TEMPORARY BARRIERS & ENCLOSURES Temporary Doors 4.00 EACH 762190.42 Temporary Weather Protection 1.00 LS 15,00015,000.00 Total Minor Item Code 01560.000 TEMPORARY BARRIERS & ENCLOSURES $15,762 Minor Item Code 01580.000 PROJECT IDENTIFICATION Jobsite Signage 1.00 LS 416415.57 Total Minor Item Code 01580.000 PROJECT IDENTIFICATION $416 Minor Item Code 01590.000 I.C.R.A. REQUIREMENTS Trash Cart W/Lid 12.00 EACH 3,540295.00 Total Minor Item Code 01590.000 I.C.R.A. REQUIREMENTS $3,540 Minor Item Code 01720.000 CONSTRUCTION PREPARATION Purchase Drawings/Reproduction Cost 1.00 LS 3,7453,745.00 Layout Supplies 2.00 WEEK 535267.50 Total Minor Item Code 01720.000 CONSTRUCTION PREPARATION $4,280 Minor Item Code 01740.000 PROJECT CLEANING Final Jobsite Clean-up - Cost of Work 52,210.00 SQFT 18,2740.35 Construction Clean-up 1,400.00 MNHR 35,29525.21 Rubbish Removal 8.00 MO 51464.20 Dump Charges 1,775.00 CUYD 34,66119.53 Total Minor Item Code 01740.000 PROJECT CLEANING $88,743 Minor Item Code 01770.000 CLOSEOUT PROCEDURES Page 2 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! As-Built Drawings - Red Line Copies 1.00 LS 500500.00 Total Minor Item Code 01770.000 CLOSEOUT PROCEDURES $500 Total Major Item Code 01300.300 GENERAL REQUIREMENTS $210,281 Major Item Code 02000.000 MISCELLANEOUS ITEMS Minor Item Code 02000.000 MISCELLANEOUS ITEMS BP 1.15 Final Cleaning 1.00 LS 28,80028,800.00 Total Minor Item Code 02000.000 MISCELLANEOUS ITEMS $28,800 Total Major Item Code 02000.000 MISCELLANEOUS ITEMS $28,800 Major Item Code 02100.000 REMEDIATION & DEMOLITION Minor Item Code 02100.000 DEMOLITION WORK 1.00 LS 153,565153,565.00BP 02.01 Demolition & Abatement BP 02.01 Demolition & Abatement - Customer Service Upgrades) 1.00 LS 3,4923,492.00 Total Minor Item Code 02100.000 DEMOLITION WORK $157,057 Total Major Item Code 02100.000 REMEDIATION & DEMOLITION $157,057 Major Item Code 06400.000 ARCHITECTURAL WOODWORK Minor Item Code 06400.000 ARCHITECTURAL WOODWORK BP 06.04 Millwork 1.00 LS 252,094252,094.00 BP 06.04 Millwork (Customer Service Upgrades)1.00 LS 20,07320,073.00 Total Minor Item Code 06400.000 ARCHITECTURAL WOODWORK $272,167 Total Major Item Code 06400.000 ARCHITECTURAL WOODWORK $272,167 Major Item Code 08000.000 BASIC DOOR & WINDOW MATERIALS & METHODS Minor Item Code 08000.000 DOORS, FRAMES, & HARDWARE BP 08.01 Doors, Frames & Hardware 1.00 LS 516,842516,842.00 VE Item 2.2 - Existing Doors to Remain Per WJA Markup 1.00 LS -30,545-30,545.00 $486,297 $486,297 Major Item Code 08400.000 ENTRANCES & STOREFRONTS Minor Item Code 08400.000 ENTRANCES & STOREFRONTS BP 08.03 Entrances & Storefronts 1.00 LS 9,5789,578.00 BP 08.03 Entrances & Storefronts (Customer Service Upgrades) 1.00 LS 30,85530,855.00 Page 3 Total Minor Item Code 08400.000 ENTRANCES & STOREFRONTS Total Major Item Code 08400.000 ENTRANCES & STOREFRONTS $40,433 $40,433 Total Minor Item Code 08400.000 ENTRANCES & STOREFRONTS Total Major Item Code 08400.000 ENTRANCES & STOREFRONTS Total Minor Item Code 08000.000 DOORS, FRAMES, & HARDWARE Total Major Item Code 08000.000 DOORS, FRAMES, & HARDWARE Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Major Item Code 09100.000 GYP BOARD, PLASTER, & STUCCO SYSTEMS Minor Item Code 09250.000 GYPSUM BOARD BP 09.01 Drywall & Stucco 1.00 LS 585,416585,416.00 VE Item 3.1 - Remove Gypsum Soffits Per WJA Markup and Replace w/ ACT 1.00 LS -65,998-65,998.00 Total Minor Item Code 09250.000 GYPSUM BOARD $519,418 Total Major Item Code 09100.000 GYP BOARD, PLASTER, & STUCCO SYSTEMS $519,418 Major Item Code 09500.000 CEILINGS Minor Item Code 09500.000 CEILINGS BP 09.03 Acoustical Ceilings & Wall Panels 1.00 LS 363,961363,961.00 VE Item 3.1 - Remove gypsum soffits per WJA markup and replace w/ ACT 1.00 LS 19,86019,860.00 Total Minor Item Code 09500.000 CEILINGS $383,821 Total Major Item Code 09500.000 CEILINGS $383,821 Major Item Code 09600.000 FINISHED FLOORING Minor Item Code 09600.000 FLOORS BP 09.05 Carpet & Resilient Flooring 1.00 LS 543,325543,325.00 VE Item 4.1 - Remove Backsplash at Wellness Rm 1.00 LS -451-451.00 Total Minor Item Code 09600.000 FLOORS $542,874 Total Major Item Code 09600.000 FINISHED FLOORING $542,874 Major Item Code 09900.000 PAINTS & COATINGS Minor Item Code 09900.000 PAINTS & COATINGS BP 09.09 Painting & Wall-Covering 1.00 LS 121,000121,000.00 BP 09.09 Painting & Wall-Covering (Customer Service Upgrades) 1.00 LS 204204.00 Total Minor Item Code 09900.000 PAINTS & COATINGS $121,204 Total Major Item Code 09900.000 PAINTS & COATINGS $121,204 Major Item Code 10000.000 MISCELLANEOUS BUILDING SPECIALTIES Minor Item Code 10000.000 MISCELLANEOUS SPECIALTIES BP 10.05 Accessories 1.00 LS 6,4046,404.00 Total Minor Item Code 10000.000 MISCELLANEOUS SPECIALTIES $6,404 Minor Item Code 10440.000 INTERIOR SIGNAGE IBP 10.04 Signage 1.00 LS 26,95926,959.00 Total Minor Item Code 10440.000 INTERIOR SIGNAGE $26,959 Total Major Item Code 10000.000 MISCELLANEOUS BUILDING SPECIALTIES $33,363 Page 4 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Major Item Code 21000.000 FIRE SUPPRESSION SYSTEMS Minor Item Code 21005.000 COMMON WORK RESULTS - FIRE SUPPRESSION BP 21.01 Fire Suppression 1.00 LS 135,241135,241.00 Total Minor Item Code 21005.000 COMMON WORK RESULTS - FIRE SUPPRESSION $135,241 Total Major Item Code 21000.000 FIRE SUPPRESSION SYSTEMS $135,241 Major Item Code 22000.000 PLUMBING WORK Minor Item Code 22000.000 PLUMBING WORK BP 22.01 Plumbing 1.00 LS 422,933422,933.00 VE Item 6.1 - VE Appliance Package 1.00 LS -28,500-28,500.00 Total Minor Item Code 22000.000 PLUMBING WORK $394,433 Total Major Item Code 22000.000 PLUMBING WORK $394,433 Major Item Code 23000.000 HVAC WORK Minor Item Code 23005.000 COMMON WORK RESULTS FOR HVAC BP 23.01 HVAC 1.00 LS 1,424,2001,424,200.00 $1,424,200 $1,424,200 Major Item Code 26000.000 ELECTRICAL WORK Minor Item Code 26050.000 COMMON WORK RESULTS FOR ELECTRICAL BP 26.01 Electrical 1.00 LS 2,273,5432,273,543.00 BP 26.01 Electrical (Customer Service Upgrades)1.00 LS 1,6521,652.00 VE Item 6.5 - VE TV Package (Samsung w/ reduced count) 1.00 LS -56,648-56,648.00 VE Item 14.3 - Remove Penthouse Fixture 1.00 LS -4,808-4,808.00 VE Item 14.4 - Reduce BOH Fixtures Per WJA Markup 1.00 LS -7,619-7,619.00 VE Item 14.5 - Reduce Storage Fixtures Per WJA Markup 1.00 LS -2,327-2,327.00 VE Item 14.6 - Convert Cat6A Structured Cabling to Cat6 1.00 LS -47,500-47,500.00 VE Item 14.7 - VE Fixtures from Specified Lighting Vendor 1.00 LS -69,000-69,000.00 Motal COMMON WO ELECTRICAL $2,087,293 Total Major Item Code 26000.000 $2,087,293 Major Item Code 27000.000 COMMUNICATIONS SYSTEMS Minor Item Code 27000.000 COMMUNICATIONS SYSTEMS O & M BP 27.02 Audio Visual Systems (incl in Electrical)1.00 INCL Page 5 Total Minor Item Code 23000.000 COMMON WORK RESULTS FOR HVAC Total Major Item Code 23000.000 COMMON WORK RESULTS FOR HVAC Total Minor Item Code 26050.000 COMMON WORK RESULTS FOR ELECTRICALTotal Major Item Code 26050.000 COMMON WORK RESULTS FOR ELECTRICAL Total Minor Item Code 27000.000 COMMUNICATIONS SYSTEMS Total Major Item Code 27000.000 COMMUNICATIONS SYSTEMS Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Major Item Code 35000.000 ALLOWANCES Minor Item Code 33900.000 ALLOWANCES 1.00 ALLW 160,000160,000.00 1.00 ALLW 50,00050,000.00 1.00 ALLW 50,00050,000.00 1.00 ALLW 10,00010,000.00 1.00 ALLW 5,0005,000.00 1.00 ALLW 19,20019,200.00 1.00 ALLW 190,000190,000.00 Patch & Repair at Replaced Roof Drains Allowance Replace Roof Drains Allowance Elevator Battery Backup Allowance Electrical Sitework Allowance Permit Comment Allowance Camera Rooftop Rain Leader System Allowance Material Testing Allowance Fire Watch Allowance Moving Services Allowance Removal of Demountable Partitions Allowance Pre-purchase Refinement Allowance 1.00 ALLW 30,00030,000.00 Total Minor Item Code 33900.000 ALLOWANCES $731,920 Total Major Item Code 35000.000 ALLOWANCES $731,920 Major Item Code 36000.000 BONDS & INSURANCE Minor Item Code 36000.000 BONDS & INSURANCE Performance & Payment Bond 1.00 LS 65,36865,368.00 General Liability 1.00 LS 93,77493,774.00 Builder's Risk Insurance 1.00 LS 31,22731,227.00 Total Minor Item Code 36000.000 BONDS & INSURANCE $190,369 Total Major Item Code 36000.000 BONDS & INSURANCE $190,369 Major Item Code 37000.000 WARRANTY Minor Item Code 37000.000 WARRANTY Warranty Allocation 1.00 LS 3,5833,583.00 Total Minor Item Code 37000.000 WARRANTY $3,583 Total Major Item Code 37000.000 $3,583WARRANTY Code 80000.000 CONTINGENCY Minor Item Code 80000.000 CONTINGENCY CM Contingency 1.00 LS 400,000400,000.00 Total Minor Item Code 80000.000 CONTINGENCY $400,000 Total Major Item Code 80000.000 CONTINGENCY $400,000 Major Item Code 95000.000 OVERHEAD & FEES Minor Item Code 90000.000 OVERHEAD & FEES Construction Manager's Fee 1.00 LS 325,021325,021.00 Total Minor Item Code 90000.000 OVERHEAD & FEES $325,021 Total Major Item Code 95000.000 OVERHEAD & FEES $325,021 Total Sec BB BASE BID $8,905,956 Page 6 1.00 ALLW 1.00 ALLW 1.00 ALLW 12,350.00 177,107.00 28,263.00 12,350.00 28,263.00 177,107.00 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALLOWANCE SCHEDULE The following allowances are included in the GMP Proposal where a clear scope has not been defined by the GMP Documents or where the items require further research. These allowances are for the cost of work only and do not include costs for insurance, bonds, contingency, fee, etc. It is understood that the Construction Manager’s Contract will require adjustments by change order (either additive or deductive) for reconciling the difference between each of the below listed allowances and the actual costs and/or savings realized for each allowance. Item No. Description Allowance Amount Patch & Repair at Replaced Roof Drains Allowance $12,350 Replace Roof Drain Allowance $28,263 Elevator Battery Backup Allowance $160,000 Electrical Sitework Allowance $50,000 Permit Comment Allowance $50,000 Camera Rooftop Rain Leader System Allowance $10,000 Material Testing Allowance $5,000 Moving Services Allowance $190,000 Fire Watch Allowance $19,200 Removal of Demountable Partitions Allowance $30,000 Pre-Purchase Refinement Allowance $177,107 END OF ALLOWANCE SCHEDULE AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATES NARRATIVE Within this section we have included pricing for various Alternates for consideration by City of Clearwater. At this time, only Alternate No. 2 – Customer Service Upgrades is included within the Base Bid GMP Proposal. The pricing for each alternate represents the adjustment required to the Base Bid GMP Proposal to incorporate the proposed change in scope. A summary listing of the proposed alternates is listed below. A more detailed description and a detailed cost report for each alternate have been provided immediately following this narrative. The pricing provided includes all applicable mark-ups for bonds, insurance, etc. ▪ Alternate No. 1 – Public Restroom Upgrades Add $21,088 ▪ Alternate No. 2 – Customer Service Upgrades Included in GMP $---------- ▪ Alternate No. 3 – Penthouse Exterior Repairs Add $17,194 ▪ Alternate No. 4 – BDA / DAS System Add/Deduct $---------- ▪ Alternate No. 5 – Vertical Storm Drain Replacement Add $57,083 ▪ Alternate No. 6 – Window Treatments Add $142,894 ▪ Alternate No. 7 – Acoustical Sound Baffles Add/ $17,750 ▪ Alternate No. 8 – Replace Site Lightpole Heads Add $6,972 The Alternate Pricing provided is guaranteed through March 1, 2025, or as indicated otherwise in this proposal, at which time the pricing and feasibility for the proposed change in scope would require an updated evaluation. Note: The proposed change in scope and related pricing for various Alternates may be overlapping in nature and may require revisions based on the combination of Alternates accepted. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATE NO. 1 Alternate Narrative: Alternate No. 1 – Public Restroom Upgrades Public Restroom upgrades; refer to Drawings A-110, A-111, and Specification 012300 Alternates for additional information. Adjustment to the Base Bid GMP: Add $21,088 Note: A copy of the CM Detail Cost Report related to this alternate is attached and immediately follows this narrative. Adjustment to the Contract Time: Add/Deduct 0 Calendar Days Sort Sequences: 1. Sec 2. Major Item Code 3. Not Used 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:44:00AM Description Total $Unit$ NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !! Total Major Item Code 02100.000 REMEDIATION & DEMOLITION $650 Total Major Item Code 09900.000 PAINTS & COATINGS $3,060 Total Major Item Code 10000.000 MISCELLANEOUS BUILDING SPECIALTIES $16,152 Total Major Item Code 36000.000 BONDS & INSURANCE $453 Total Major Item Code 37000.000 WARRANTY $8 Total Major Item Code 95000.000 OVERHEAD & FEES $765 Total Sec Z01 PUBLIC RESTROOM UPGRADES $21,088 Page 3 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Sec Z01 PUBLIC RESTROOM UPGRADES Major Item Code 02100.000 REMEDIATION & DEMOLITION Minor Item Code 02100.000 DEMOLITION WORK BP 02.01 Demolition & Abatement 1.00 LS 650650.00 Total Minor Item Code 02100.000 DEMOLITION WORK $650 Total Major Item Code 02100.000 REMEDIATION & DEMOLITION $650 Major Item Code 09900.000 PAINTS & COATINGS Minor Item Code 09900.000 PAINTS & COATINGS BP 09.09 Painting & Wall-Covering 1.00 LS 3,0603,060.00 Total Minor Item Code 09900.000 PAINTS & COATINGS $3,060 Total Major Item Code 09900.000 PAINTS & COATINGS $3,060 Major Item Code 10000.000 MISCELLANEOUS BUILDING SPECIALTIES Minor Item Code 10000.000 MISCELLANEOUS SPECIALTIES BP 10.05 Accessories 1.00 LS 16,15216,152.00 Total Minor Item Code 10000.000 MISCELLANEOUS SPECIALTIES $16,152 Total Major Item Code 10000.000 MISCELLANEOUS BUILDING SPECIALTIES $16,152 Major Item Code 36000.000 BONDS & INSURANCE Minor Item Code 36000.000 BONDS & INSURANCE Performance & Payment Bond 1.00 LS 145145.00 General Liability 1.00 LS 209209.00 Builder's Risk Insurance 1.00 LS 9999.00 Total Minor Item Code 36000.000 BONDS & INSURANCE $453 Total Major Item Code 36000.000 BONDS & INSURANCE $453 Major Item Code 37000.000 WARRANTY Minor Item Code 37000.000 WARRANTY Warranty Allocation 1.00 LS 88.00 Total Minor Item Code 37000.000 WARRANTY $8 Total Major Item Code 37000.000 WARRANTY $8 Major Item Code 95000.000 OVERHEAD & FEES Minor Item Code 90000.000 OVERHEAD & FEES Construction Manager's Fee 1.00 LS 765765.00 Total Minor Item Code 90000.000 OVERHEAD & FEES $765 Total Major Item Code 95000.000 OVERHEAD & FEES $765 Total Sec Z01 PUBLIC RESTROOM UPGRADES $21,088 Page 7 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATE NO. 2 Alternate Narrative: Alternate No. 2 – Customer Service Upgrades Customer Service upgrades; refer to Drawings A-112, A-113, and Specification 012300 Alternates for additional information. Adjustment to the Base Bid GMP: Included in GMP $---------- Note: A copy of the CM Detail Cost Report related to this alternate is attached and immediately follows this narrative. Adjustment to the Contract Time: Add/Deduct 0 Calendar Days AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATE NO. 3 Alternate Narrative: Alternate No. 3 – Penthouse Exterior Repairs Penthouse Exterior repairs including selective demolition and reinstallation of damaged stucco, insulation, waterproofing and paint. Adjustment to the Base Bid GMP: Add $17,194 Note: A copy of the CM Detail Cost Report related to this alternate is attached and immediately follows this narrative. Adjustment to the Contract Time: Add/Deduct 0 Calendar Days Sort Sequences: 1. Sec 2. Major Item Code 3. Not Used 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:44:00AM Description Total $Unit$ NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !! Total Major Item Code 09100.000 GYP BOARD, PLASTER, & STUCCO SYSTEMS $14,788 Total Major Item Code 09900.000 PAINTS & COATINGS $204 Total Major Item Code 26000.000 ELECTRICAL WORK $1,278 Total Major Item Code 36000.000 BONDS & INSURANCE $341 Total Major Item Code 37000.000 WARRANTY $6 Total Major Item Code 95000.000 OVERHEAD & FEES $577 Total Sec Z03 PENTHOUSE EXTERIOR REPAIRS $17,194 Page 4 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Sec Z03 PENTHOUSE EXTERIOR REPAIRS Major Item Code 09100.000 GYP BOARD, PLASTER, & STUCCO SYSTEMS Minor Item Code 09250.000 GYPSUM BOARD BP 09.01 Drywall & Stucco 1.00 LS 14,78814,788.00 Total Minor Item Code 09250.000 GYPSUM BOARD $14,788 Total Major Item Code 09100.000 GYP BOARD, PLASTER, & STUCCO SYSTEMS $14,788 Major Item Code 09900.000 PAINTS & COATINGS Minor Item Code 09900.000 PAINTS & COATINGS BP 09.09 Painting & Wall-Covering 1.00 LS 204204.00 Total Minor Item Code 09900.000 PAINTS & COATINGS $204 Total Major Item Code 09900.000 PAINTS & COATINGS $204 Major Item Code 26000.000 ELECTRICAL WORK Minor Item Code 26050.000 COMMON WORK RESULTS FOR ELECTRICAL BP 26.01 Electrical 1.00 LS 1,2781,278.00 Total Minor Item Code 26050.000 COMMON WORK RESULTS FOR ELECTRICAL $1,278 Total Major Item Code 26000.000 ELECTRICAL WORK $1,278 Major Item Code 36000.000 BONDS & INSURANCE Minor Item Code 36000.000 BONDS & INSURANCE Performance & Payment Bond 1.00 LS 109109.00 General Liability 1.00 LS 157157.00 Builder's Risk Insurance 1.00 LS 7575.00 Total Minor Item Code 36000.000 BONDS & INSURANCE $341 Total Major Item Code 36000.000 BONDS & INSURANCE $341 Major Item Code 37000.000 WARRANTY Minor Item Code 37000.000 WARRANTY Warranty Allocation 1.00 LS 66.00 Total Minor Item Code 37000.000 WARRANTY $6 Total Major Item Code 37000.000 WARRANTY $6 Major Item Code 95000.000 OVERHEAD & FEES Minor Item Code 90000.000 OVERHEAD & FEES Construction Manager's Fee 1.00 LS 577577.00 Total Minor Item Code 90000.000 OVERHEAD & FEES $577 Total Major Item Code 95000.000 OVERHEAD & FEES $577 Total Sec Z03 PENTHOUSE EXTERIOR REPAIRS $17,194 Page 8 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATE NO. 4 Alternate Narrative: Alternate No. 4 – BDA / DAS Installation Provide complete BDA / DAS system for full building emergency radio coverage. This work includes required 2-hour shaft and floor/roof penetrations as required. Adjustment to the Base Bid GMP: Add/Deduct $xxx,xxx Note: A copy of the CM Detail Cost Report related to this alternate is attached and immediately follows this narrative. Adjustment to the Contract Time: Add/Deduct 0 Calendar Days AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATE NO. 5 Alternate Narrative: Alternate No. 5 – Vertical Storm Drain Replacement Select replacement of components associated with storm drains. Adjustment to the Base Bid GMP: Add $57,083 Note: A copy of the CM Detail Cost Report related to this alternate is attached and immediately follows this narrative. Adjustment to the Contract Time: Add/Deduct 0 Calendar Days Sort Sequences: 1. Sec 2. Major Item Code 3. Not Used 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_01.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/22/202510:18:30AM Description Total $Unit$ NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !! Total Major Item Code 22000.000 PLUMBING WORK $53,765 Total Major Item Code 36000.000 BONDS & INSURANCE $1,226 Total Major Item Code 37000.000 WARRANTY $22 Total Major Item Code 95000.000 OVERHEAD & FEES $2,070 Total Sec Z05 VERTICAL STORM DRAIN REPLACEMENT $57,083 Page 6 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_01.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/22/202510:06:58AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Sec Z05 VERTICAL STORM DRAIN REPLACEMENT Major Item Code 22000.000 PLUMBING WORK Minor Item Code 22000.000 PLUMBING WORK BP 22.01 Plumbing 1.00 LS 53,76553,765.00 Total Minor Item Code 22000.000 PLUMBING WORK $53,765 Total Major Item Code 22000.000 PLUMBING WORK $53,765 Major Item Code 36000.000 BONDS & INSURANCE Minor Item Code 36000.000 BONDS & INSURANCE Performance & Payment Bond 1.00 LS 392392.00 General Liability 1.00 LS 565565.00 Builder's Risk Insurance 1.00 LS 269269.00 Total Minor Item Code 36000.000 BONDS & INSURANCE $1,226 Total Major Item Code 36000.000 BONDS & INSURANCE $1,226 Major Item Code 37000.000 WARRANTY Minor Item Code 37000.000 WARRANTY Warranty Allocation 1.00 LS 2222.00 Total Minor Item Code 37000.000 WARRANTY $22 Total Major Item Code 37000.000 WARRANTY $22 Major Item Code 95000.000 OVERHEAD & FEES Minor Item Code 90000.000 OVERHEAD & FEES Construction Manager's Fee 1.00 LS 2,0702,070.00 Total Minor Item Code 90000.000 OVERHEAD & FEES $2,070 Total Major Item Code 95000.000 OVERHEAD & FEES $2,070 Total Sec Z05 VERTICAL STORM DRAIN REPLACEMENT $57,083 Page 11 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATE NO. 6 Alternate Narrative: Alternate No. 6 – Window Treatments Remove and replace existing standard blinds with roller shades at all locations along the exterior perimeter of each floor. Adjustment to the Base Bid GMP: Add $142,894 Note: A copy of the CM Detail Cost Report related to this alternate is attached and immediately follows this narrative. Adjustment to the Contract Time: Add/Deduct 0 Calendar Days Sort Sequences: 1. Sec 2. Major Item Code 3. Not Used 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:44:00AM Description Total $Unit$ NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !! Total Major Item Code 12000.000 BUILDING FURNISHINGS $134,589 Total Major Item Code 36000.000 BONDS & INSURANCE $3,069 Total Major Item Code 37000.000 WARRANTY $54 Total Major Item Code 95000.000 OVERHEAD & FEES $5,182 Total Sec Z06 WINDOW TREATMENTS $142,894 Page 5 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Sec Z06 WINDOW TREATMENTS Major Item Code 12000.000 BUILDING FURNISHINGS Minor Item Code 12490.000 WINDOW TREATMENTS Window Treatments 1.00 LS 134,589134,589.00 Total Minor Item Code 12490.000 WINDOW TREATMENTS $134,589 Total Major Item Code 12000.000 BUILDING FURNISHINGS $134,589 Major Item Code 36000.000 BONDS & INSURANCE Minor Item Code 36000.000 BONDS & INSURANCE Performance & Payment Bond 1.00 LS 983983.00 General Liability 1.00 LS 1,4131,413.00 Builder's Risk Insurance 1.00 LS 673673.00 Total Minor Item Code 36000.000 BONDS & INSURANCE $3,069 Total Major Item Code 36000.000 BONDS & INSURANCE $3,069 Major Item Code 37000.000 WARRANTY Minor Item Code 37000.000 WARRANTY Warranty Allocation 1.00 LS 5454.00 Total Minor Item Code 37000.000 WARRANTY $54 Total Major Item Code 37000.000 WARRANTY $54 Major Item Code 95000.000 OVERHEAD & FEES Minor Item Code 90000.000 OVERHEAD & FEES Construction Manager's Fee 1.00 LS 5,1825,182.00 Total Minor Item Code 90000.000 OVERHEAD & FEES $5,182 Total Major Item Code 95000.000 OVERHEAD & FEES $5,182 Total Sec Z06 WINDOW TREATMENTS $142,894 Page 9 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATE NO. 7 Alternate Narrative: Alternate No. 7 – Acoustical Sound Baffles Provide acoustically rated sound baffles in Open Office 218 and Open Office 220. Basis of Design is Focal Point Aircore Blade. Adjustment to the Base Bid GMP: Add $17,750 Note: A copy of the CM Detail Cost Report related to this alternate is attached and immediately follows this narrative. Adjustment to the Contract Time: Add/Deduct 0 Calendar Days Sort Sequences: 1. Sec 2. Major Item Code 3. Not Used 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:44:00AM Description Total $Unit$ NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !! Total Major Item Code 09500.000 CEILINGS $16,717 Total Major Item Code 36000.000 BONDS & INSURANCE $382 Total Major Item Code 37000.000 WARRANTY $7 Total Major Item Code 95000.000 OVERHEAD & FEES $644 Total Sec Z07 ACOUSTICAL SOUND BAFFLES $17,750 Page 6 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Sec Z07 ACOUSTICAL SOUND BAFFLES Major Item Code 09500.000 CEILINGS Minor Item Code 09500.000 CEILINGS BP 09.03 Acoustical Ceilings & Wall Panels 1.00 LS 16,71716,717.00 Total Minor Item Code 09500.000 CEILINGS $16,717 Total Major Item Code 09500.000 CEILINGS $16,717 Major Item Code 36000.000 BONDS & INSURANCE Minor Item Code 36000.000 BONDS & INSURANCE Performance & Payment Bond 1.00 LS 122122.00 General Liability 1.00 LS 176176.00 Builder's Risk Insurance 1.00 LS 8484.00 Total Minor Item Code 36000.000 BONDS & INSURANCE $382 Total Major Item Code 36000.000 BONDS & INSURANCE $382 Major Item Code 37000.000 WARRANTY Minor Item Code 37000.000 WARRANTY Warranty Allocation 1.00 LS 77.00 Total Minor Item Code 37000.000 WARRANTY $7 Total Major Item Code 37000.000 WARRANTY $7 Major Item Code 95000.000 OVERHEAD & FEES Minor Item Code 90000.000 OVERHEAD & FEES Construction Manager's Fee 1.00 LS 644644.00 Total Minor Item Code 90000.000 OVERHEAD & FEES $644 Total Major Item Code 95000.000 OVERHEAD & FEES $644 Total Sec Z07 ACOUSTICAL SOUND BAFFLES $17,750 Page 10 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 ALTERNATE NO. 8 Alternate Narrative: Alternate No. 8 - Replace Site Lightpole Heads Replace site lightpole heads as required. Adjustment to the Base Bid GMP: Add $6,972 Note: A copy of the CM Detail Cost Report related to this alternate is attached and immediately follows this narrative. Adjustment to the Contract Time: Add/Deduct 0 Calendar Days Sort Sequences: 1. Sec 2. Major Item Code 3. Not Used 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:44:00AM Description Total $Unit$ NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !! Total Major Item Code 26000.000 ELECTRICAL WORK $6,566 Total Major Item Code 36000.000 BONDS & INSURANCE $150 Total Major Item Code 37000.000 WARRANTY $3 Total Major Item Code 95000.000 OVERHEAD & FEES $253 Total Sec Z08 REPLACE SITE LIGHTPOLE HEADS $6,972 Page 7 Sort Sequences: 1. Sec 2. Major Item Code 3. Minor Item Code 4. Not Used Report includes Taxes & Insurance. Estimate File: :Clearwater MSB GMP_03.est - Clearwater Municipal Services Building Renovation, 100 S. Myrtle Ave Estimator: Gabriela Diaz Primary Project Qty:58220 SF Secondary Project Qty: 0 FLRS Estimate UM: Imperial 1/31/2025 7:34:12AM Description Unit $Total $Quantity NOTICE : This Document is considered proprietary information and shall not be distributed beyond the intended recipient without the express written consent of Ajax Building Company, LLC !!! Sec Z08 REPLACE SITE LIGHTPOLE HEADS Major Item Code 26000.000 ELECTRICAL WORK Minor Item Code 26050.000 COMMON WORK RESULTS FOR ELECTRICAL BP 26.01 Electrical 1.00 LS 6,5666,566.00 Total Minor Item Code 26050.000 COMMON WORK RESULTS FOR ELECTRICAL $6,566 Total Major Item Code 26000.000 ELECTRICAL WORK $6,566 Major Item Code 36000.000 BONDS & INSURANCE Minor Item Code 36000.000 BONDS & INSURANCE Performance & Payment Bond 1.00 LS 4848.00 General Liability 1.00 LS 6969.00 Builder's Risk Insurance 1.00 LS 3333.00 Total Minor Item Code 36000.000 BONDS & INSURANCE $150 Total Major Item Code 36000.000 BONDS & INSURANCE $150 Major Item Code 37000.000 WARRANTY Minor Item Code 37000.000 WARRANTY Warranty Allocation 1.00 LS 33.00 Total Minor Item Code 37000.000 WARRANTY $3 Total Major Item Code 37000.000 WARRANTY $3 Major Item Code 95000.000 OVERHEAD & FEES Minor Item Code 90000.000 OVERHEAD & FEES Construction Manager's Fee 1.00 LS 253253.00 Total Minor Item Code 90000.000 OVERHEAD & FEES $253 Total Major Item Code 95000.000 OVERHEAD & FEES $253 Total Sec Z08 REPLACE SITE LIGHTPOLE HEADS $6,972 Page 11 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 LOIGISTICS PLAN NARRATIVE Temporary Fencing  Material: Six foot (6’) high galvanized chain link fencing will be utilized for the temporary construction fencing.  Locations: Temporary fencing will be installed at the locations indicated on the Logistics Plan.  Visual Barriers: Full-height wind screening will be installed as a visual barrier on all chain link fencing and gates. This visual barrier will be maintained for the duration of the project. Construction Entrances and Temporary Gates  Primary Construction Entrance: The primary construction entrance is located at the Southeast side of the site at Pierce Street. A 24’ wide vehicle gate will be located at this entrance.  Secondary Construction Entrances: Secondary entrances to the project site will be located at the Northwest side of the site at Park Street. A 24’ wide vehicle gates will be located at these entrances. These entrances will serve as secondary and emergency access to the project site. Site Security  Gate Security: All temporary gates, vehicle and pedestrian, will be chained and locked during non-work hours throughout the duration of the project. Debris Removal  Roll-off containers will be supplied and maintained by the City of Clearwater for removing construction debris from the project site.  All roll-off container pulls will be scheduled by Ajax Building Company, LLC’s Project Superintendent.  Unless otherwise dictated by the progress/requirements of the project, Ajax Building Company, LLC will endeavor to perform all roll-off container pulls during business hours. Tree Protection / Erosion Control / Barricades  Tree protection: All tree protection required by the Contract Documents will be installed prior to the commencement of site work.  Erosion Control: All silt fencing, hay bales and other erosion control measures required by the Contract Documents will be installed prior to the commencement of site work.  Tree and Root Pruning: All tree and root pruning required will be performed in accordance with the Contract Documents. Crane, Vehicle and Equipment Paths  Crane, vehicle and equipment paths required for equipment and/or vehicle travel, bearing, access, etc. within the project site will be stabilized with gravel, lime rock, crushed concrete, asphalt millings, or other stabilization materials as determined appropriate by Ajax Building Company, LLC.  Although it is anticipated that a large portion of the stabilization materials will be inherently absorbed by the project site, Ajax Building Company, LLC will endeavor to remove and dispose of these stabilization materials to a practical limit prior to the installation of site finishes. AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 On-Site Material Storage  Storage Containers: Various materials, equipment and fabricated items will be stored in Connex-type trailers, tractor trailers and storage boxes within the fenced area of the project site. All storage containers will be locked during non-work hours.  Open Material Storage: Various materials, equipment and fabricated items that do not lend themselves to be stored in containers will be stored and/or staged on the project site. Such items will be stored on dunnage and protected from the elements as necessary to ensure that that quality and condition of the items is not jeopardized. Temporary Facilities  Jobsite Office Trailers: The locations for jobsite office trailers are indicated on the New City Hall Logistics Plan. The locations indicated have been proposed in an effort to minimize interference with construction activities and to allow for minimal disturbance of the completed construction when the office trailers are removed at the completion of the project. All jobsite office trailers will be well-maintained units.  Schedule: The project schedule indicates that the mobilization of jobsite office trailers will commence in September 2024 with the start of mobilization activities for the New City Hall.  Temporary Power: o Temporary electrical service for the construction site will be obtained from the existing electrical service to the Municipal Services Building.  Temporary Water: o Temporary water service for the construction site will be obtained from the existing water service at the Municipal Services Building.  Temporary Sanitary Sewer: o The temporary sanitary sewer service for the construction site will be obtained by supplying portable toilet facilities (port-o-lets). o Portable toilet facilities will be serviced two (2) times per week or as otherwise necessary when they are in use.  Temporary Telephone and Internet Services: o Temporary internet service for the jobsite office trailers will be obtained from Spectrum. The temporary internet service is being provided by Spectrum and will be installed by the Electrical Subcontractor. Construction Traffic, Parking and Deliveries  Ajax Building Company, LLC Office Staff: Ajax office staff will utilize the primary Southeast entrance gate and drive for access, parking and project management activities. Parking for Ajax office staff will be in the existing Municipal Services Building parking lot.  Construction Employees and Personnel: Construction employees and personnel will utilize the primary Southeast entrance gate and drive for access and parking. Parking for construction employees and personnel will be in the existing Municipal Services Building parking lot.  Construction Deliveries: General construction related deliveries will utilize the primary Southeast Entrance gate and drive for access to the project site. Maintenance of Site  Ajax Building Company, LLC will maintain all temporary fencing, visual windscreen barriers, tree protection, erosion control measures, construction storage areas, and construction parking areas to ensure safety and an AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 acceptable appearance. It is assumed that the Owner will continue to maintain all other areas outside the construction site or not occupied by Ajax Building Company, LLC.  Street sweeping will be performed as necessary.  The site will be monitored for trash, debris, and general housekeeping. Cleanup and housekeeping will be performed on a regular basis as necessary to ensure safety and an acceptable appearance. Emergency Contact Information  Emergency Contacts: The following is a list of emergency contact numbers for Ajax Building Company, LLC personnel assigned to the project. Contact Person Job Title Contact Number Tim Sewell Regional Director 813-539-0551 Chris Brown Operations Manager 813-539-2771 Allison Feldsott Project Manager 813-285-3077 Robby Robbins Assistant Project Manager 813-624-2123 X XX X X X EXISTING THREE STORY OFFICE BUILDING WITH MECHANICAL PENTHOUSE 67,500 GSF F.F.E. +27'-0" ATRIUM BELOW 3 2 2 3 3 3 3 3 8 MAIN PUBLIC ENTRY SECONDARY PUBLIC ENTRY BELOW (BILL PAY) LOADING DOCK STAFF ENTRY STAFF ENTRY CITY PARKING GARAGE FRED MARQUIS PINELLAS TRAIL CSX RAILWAY SOUTH EAST AVENUE ALTERNATE US 19 (SOUTH MYRTLE AVENUE)PARK ST.PIERCE STA001 A001 A001 A001 A001 A001 A001 A001 A001 A001 A002 A002 A003A003A003 A004 A015 A005 A008A009 A007 A006 A001A011A012A013A014A009A008 A016 A016 A016 A016 A016 MECH ENCLOSURE DRIVE-THROUGH BILL PAY ESPLANADE PORTE- COCHERE AFTER HOURS BILL PAY MACHINE, NOT IN CONTRACT, SPECIFIC REQUIREMENTS TO BE COORDINATED WITH OWNER VENDOR UNDER SEPARATE CONTRACT. GENERAL NOTES 1. SITE PLAN IS PROVIDED FOR REFERENCE ONLY. 2. BOUNDS OF SCOPE OF WORK ARE TO THE EXTENT REQUIRED TO COMPLETE THE WORK. 3. REFER TO MEP FOR UTILITY AND ACCESS POINT INFORMATION. 4. REFER TO ELECTRICAL SITE PLAN SHEET E002 FOR SITE LIGHTING INFORMATION. SITE PLAN LEGEND X'-X" AFF FINISH FLOOR LEVEL AT BUILDING ENTRY POINT ACCESSIBLE ROUTE PROPERTY LINE NUMBER OF PARKING SPACES LANDSCAPING EXISTING BUILDING SETBACK FENCE XX FDC FIRE DEPARTMENT CONNECTION CONCRETE PAVING ASPHALT PAVING SITE DATA TABLE OWNER PROPERTY ADDRESS PARCEL # CURRENT USE PROPOSED USE FEMA FLOOD ZONE PROPERTY LOCATION ZONING PLAT LANDSCAPE BUFFER PROJECT / LOT AREA BUILDING GROSS SQUARE FOOTAGE BUILDING FOOTPRINT / LOT COVERAGE FLOOR AREA RATIO IMPERVIOUS SURFACE RATIO FRONT YARD SETBACK (EAST) BUILDING HEIGHT PARKING COUNT BICYCLE PARKING FRONT YARD SETBACK (SOUTH) INTERIOR SIDE SETBACK (WEST) STREET SIDE YARD SETBACK (NORTH) CITY OF CLEARWATER 100 S MYRTLE AVE 15-29-15-54450-005-0010 MUNICIPAL MUNICIPAL FLOOD ZONE X (0.2% ANNUAL CHANCE FLOOD HAZARD, X AREA OF MINIMAL FLOOD HAZARD) NORTHWEST CORNER OF PIERCE STREET AND S. MYRTLE DRIVE D - DOWNTOWN 3/43 N/A DOWNTOWN DISTRICT GROSS LOT AREA: +/- 78,117 S.F. (1.79 ACRES) 67,500 G.S.F. 21,019 S.F. 4.0 N/A 51' EXISTING N/A EXISTING TO REMAIN REQUIRED EXISTING 0' MINIMUM, 3' MAXIMUM 0' MINIMUM, 3' MAXIMUM 0' MINIMUM, 3' MAXIMUM 0' MINIMUM, 3' MAXIMUM 28'-7" EXISTING 6'-4" EXISTING 13'-10" EXISTING 160'-5" EXISTING UNLIMITED ALLOWED 30 SPACES (26 STANDARD, 4 ADA) THE ARCHITECT'S COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS ARE HEREBY RESERVED IN THE IDEAS, DESIGNS, PLANS, DRAWINGS, AND SPECIFICATIONS PRODUCED BY THE ARCHITECT. THESE IDEAS, DESIGNS, PLANS, DRAWINGS, AND SPECIFICATIONS SHALL NOT BE REPRODUCED OR CONVEYED IN ANY MANNER NOR ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION OF THE ARCHITECT. CONSENT IS HEREBY GRANTED TO GOVERNMENTAL AGENCIES TO REPRODUCE THE CONSTRUCTION DRAWINGS IN COMPLIANCE WITH THE STATE STATUTES. TO THE BEST OF THE ARCHITECT'S OF ENGINEER'S KNOWLEDGE, THE PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE FIRE SAFETY STANDARDS AS DETERMINED BY THE LOCAL AUTHORITY IN ACCORDANCE WITH CHAPTERS 553 AND 633 OF THE FLORIDA STATUTES. 132 Mirror Lake Drive North, Unit 301 St. Petersburg, Florida 33701-3214 (727) 822-5566 | www.wjarc.com | AR94244 ©Wannemacher Jensen Architects, Inc. Wannemacher Jensen Architects, Inc.CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT 100 S MYRTLE AVE CLEARWATER, FL 33756 REVISION BY DATE M&N JOB NO.: DATE DRAWN: DESIGNED BY: REVIEWED BY: DRAWN BY: CHECKED BY: SUBMITTED BY: SHEET REFERENCE NO.: 2240 CITY PLAN SET NO.: 2022011 CITY PROJECT NO.: 22-0019-EN INDEX: OF WJA WJ ARCHITECTS CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION ARCHITECTURAL SITE PLAN 09/06/2024 PERMIT SET A-001 1" = 20'-0" ARCHITECTURAL SITE PLAN1 SPECIFIC KEYNOTES TAG NOTE A001 EXISTING STORMWATER INLET A002 EXISTING POST MOUNTED FREESTANDING FIRE DEPARTMENT CONNECTION (FDC) A003 EXISTING FLAG POLE WITH SITE LIGHTING A004 EXISTING MAILBOX A005 EXISTING GENERATOR NO. 1 A006 EXISTING GENERATOR NO. 2 A007 EXISTING TRASH/RECYCLE COLLECTION POINT A008 EXISTING CSX RAILROAD CROSSING ARM SIGNAL A009 EXISTING ABOVE GROUND UTILITY VAULT A011 EXISTING REMOTE CONDENSING UNIT A012 EXISTING ELECTRICAL METER A013 EXISTING PAD MOUNTED TRANSFORMER A014 EXISTING UTILITY ACCESS A015 EXISTING FIRE PUMP ROOM A016 EXISTING POLE AND LIGHT FIXTURE TO REMAIN. (FOR REFERENCE ONLY) (FOR REFERENCE ONLY) 24' Primary Construction Entrance (Knox Padlock) 6' Construction Fence with Screen 24' Secondary Construction Entrance (Knox Padlock) Related Construction Permits: BCP2024-100362 AJAX BUILDING COMPANY, LLC PROJECT NO. 50000298 CITY OF CLEARWATER CLEARWATER MUNICIPAL SERVICES BUILDING RENOVATION GMP PROPOSAL NO. 2 – FINAL February 10, 2025 GMP Proposal – Rev. 05/16/2024 SCHEDULE NARRATIVE Refer to the attached Master Project Schedule dated February 3, 2025 as prepared by Ajax Building Company, LLC and included in Section VI-B of this proposal for the illustration of the below listed items. The project schedule has been updated to include progress achieved through February 3, 2025. The project schedule included within this proposal is based on the information represented in the GMP Documents. The project schedule reflects an overall duration of seven (7) months for the construction phase of the project. The following contractual dates are incorporated into the CM Contract via this GMP Proposal. ▪ Substantial Completion September 12, 2025 ▪ Final Completion October 12, 2025 The following additional Milestone Dates are anticipated within the project schedule in order to achieve the contractual dates listed above. ▪ Mobilization / Start of Construction February 12, 2025 ▪ FFE Installation Complete October 31, 2025 ▪ Owner Occupancy November 1, 2025 In order for mobilization activities to commence on February 12, 2025 as scheduled, the following contractual activities will need to be completed as indicated. ▪ GMP 2 Negotiations Complete January 31, 2025 ▪ CM Contract Amendment Executed - GMP 2 February 20, 2025 ▪ All Required Permits Issued February 7, 2025 ▪ Notice to Proceed Issued February 7, 2025 In order to expedite the project start-up activities, the Design Team, the Construction Manager and the Owner will be required to closely coordinate and expedite submittal review/approval, respond to information requests, respond to conflicts/unforeseen conditions, etc. The schedule is based upon the assumption that any design revisions required to address future design review comments and/or permitting review comments will be issued to the Construction Manager within one (1) week of receipt of such comments with a directive to proceed. It is further assumed that such revisions (if any) will be minor in nature and will not result in a material change in the overall scope and/or direction of the project. Ajax Building Company, LLC will continue to work closely with the Project Team throughout the Preconstruction and Construction Phases of the project to ensure that all critical dates are maintained. Activity Name OriginalDurationStart Finish City of Clearwater MSB - GMP 44901-Sep-23 A 14-Oct-25 CM Contract Activities 503-Nov-23 A 19-Dec-23 A CM Selection by City 003-Nov-23 A Project Kickoff Meeting 021-Nov-23 A CM Contract Negotiations 521-Nov-23 A 08-Dec-23 A Prepare Final Contract Documents for Council 508-Dec-23 A 13-Dec-23 A Council Approval of CM Contract 0 19-Dec-23 A MSB Preconstruction Services 29501-Sep-23 A 21-Feb-2530% Schematic Design 6001-Sep-23 A 28-Feb-24 APrepare 30% Design Documents 6001-Sep-23 A 01-Nov-23 A CM 30% ROM Estimate 1521-Feb-24 A 28-Feb-24 A 90% Construction Documents 13601-Apr-24 A 13-Aug-24 A Prepare 70% Construction Documents 6001-Apr-24 A 03-Jul-24 A Owner Review 70% Construction Documents 1503-Jul-24 A 24-Jul-24 A Prepare ERP GMP Documents 2805-Jul-24 A 13-Aug-24 A 100% Construction Documents 1713-Aug-24 A 06-Sep-24 APrepare 100% Construction Documents 1713-Aug-24 A 06-Sep-24 A Permitting 2016-Oct-24 A 05-Feb-25Building Permit 2016-Oct-24 A 05-Feb-25CM Submit Building Permit Application 016-Oct-24 A City Review and Comments 2016-Oct-24 A 22-Nov-24 A Design Team Response to City Comments 1022-Nov-24 A 18-Dec-24 A City Review and Approval 2018-Dec-24 A 26-Dec-24 A Design Team Response to City Comments 527-Dec-24 A 28-Jan-25 A City Review and Approval 529-Jan-25 A 05-Feb-25 Issue Building Permit 0 05-Feb-25 GMP Phase 13114-Aug-24 A 21-Feb-25GMP 1 - Early Release Package 11514-Aug-24 A 03-Oct-24 A ERP GMP Bid Phase 1014-Aug-24 A 28-Aug-24 A Pre Bid Conference 121-Aug-24 A 21-Aug-24 A ERP GMP CM Scope Review 1029-Aug-24 A 12-Sep-24 A Prepare ERP GMP 513-Sep-24 A 19-Sep-24 A Submit ERP GMP 0 20-Sep-24 A Review/Approve ERP GMP 923-Sep-24 A 03-Oct-24 A ERP GMP City Council Approval 0 03-Oct-24 A GMP - 100% Documents 2509-Sep-24 A 21-Feb-25Prepare GMP Bid Packages 1009-Sep-24 A 20-Sep-24 A City Review & Comment - 100% CDs 509-Sep-24 A 13-Sep-24 A Pre Bid Conferences 223-Sep-24 A 24-Sep-24 A GMP Bid Phase 2523-Sep-24 A 25-Oct-24 A CM Review & RFIs - 100% CDs 523-Sep-24 A 27-Sep-24 A Design Team Prepare & Issue Addendum 616-Oct-24 A 31-Oct-24 A Addendum 1 Bid Extension 2504-Nov-24 A 04-Dec-24 A GMP CM Scope Review 505-Dec-24 A 11-Dec-24 A Prepare GMP 712-Dec-24 A 16-Dec-24 A Submit GMP 0 17-Dec-24 A GMP City Review 518-Dec-24 A 30-Dec-24 A VE Identification and Pricing 502-Jan-25 A 22-Jan-25 A Prepare Final GMP 523-Jan-25 A 04-Feb-25 GMP Staff Approval & Board Packet Preparation 1205-Feb-25 20-Feb-25 City Approval to Proceed per ERP GMP 012-Feb-25* GMP City Council Approval 0 20-Feb-25 Final GMP Notice to Proceed 021-Feb-25 Subcontracts and Procurement 13703-Feb-25 12-Aug-25 100% GMP - Subcontract Award 1003-Feb-25 14-Feb-25 Award / Issue Casework Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Roofing Subcontract 1003-Feb-25 14-Feb-25 Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecQtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 14-Oct-25, City of Clearwater MSB - GMP 21-Feb-25, MSB Preconstruction Services 05-Feb-25, Permitting05-Feb-25, Building Permit Design Team Response to City Comments City Review and Approval Design Team Response to City Comments City Review and Approval Issue Building Permit 21-Feb-25, GMP Phase 21-Feb-25, GMP - 100% Documents Addendum 1 Bid Extension GMP CM Scope Review GMP City Review VE Identification and Pricing Prepare Final GMP GMP Staff Approval & Board Packet Preparation City Approval to Proceed per ERP GMP GMP City Council Approval Final GMP Notice to Proceed 12-Aug-25, Subcontracts and Procurement14-Feb-25, 100% GMP - Subcontract AwardAward / Issue Casework Subcontract Award / Issue Roofing Subcontract City of Clearwater MSB - GMP CLEARWATER 13-Feb-25 16:03 Actual Work Remaining Work Critical Remaini... Milestone City of Clearwater MSB - GMP Start Date: 01-Sep-23 Finish Date: 14-Oct-25 Page 1 of 5 Activity Name OriginalDurationStart Finish Award / Issue Doors, Frames, & Hardware Subcontract1003-Feb-25 14-Feb-25 Award / Issue Glass & Glazing Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Framing, Drywall, and Stucco Subcontract1003-Feb-25 14-Feb-25 Award / Issue Tile Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Carpet & Resilient Flooring Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Acoustical Ceilings & Wall Panels Subcontract1003-Feb-25 14-Feb-25 Award / Issue Painting Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Specialties Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Signage Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Fire Protection Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Plumbing Subcontract 1003-Feb-25 14-Feb-25 Award / Issue HVAC Subcontract 1003-Feb-25 14-Feb-25 Award / Issue Electrical Subcontract 1003-Feb-25 14-Feb-25 100% GMP - Submittals & Procurement 13703-Feb-25 12-Aug-25Roofing Submittals 12717-Feb-25 12-Aug-25PREPARE & SUBMIT ROOFING 1517-Feb-25 07-Mar-25 CM REVIEW & APPR ROOFING 710-Mar-25 18-Mar-25 ARCH/ENG REV & APPR ROOFING 1519-Mar-25 08-Apr-25 FAB & DELIVER ROOFING 9009-Apr-25 12-Aug-25 Door, Frame and Hardware Submittals 9517-Feb-25 27-Jun-25 PREPARE & SUBMIT DOORS & FRAMES 1517-Feb-25 07-Mar-25 PREPARE & SUBMIT WOOD DOORS & HARDWARE1517-Feb-25 07-Mar-25 CM REVIEW & APPR DOORS & FRAMES 510-Mar-25 14-Mar-25 CM REVIEW & APPR WOOD DOORS & HARDWARE 510-Mar-25 14-Mar-25 ARCH/ENG REV & APPR DOORS & FRAMES 1017-Mar-25 28-Mar-25 ARCH/ENG REV & APPR WOOD DOORS & HARDWARE1517-Mar-25 04-Apr-25 FAB & DELIVER DOORS & FRAMES 2531-Mar-25 02-May-25 FAB & DELIVER WOOD DOORS & HARDWARE 6007-Apr-25 27-Jun-25 Glass & Glazing Submittals 11217-Feb-25 22-Jul-25 PREPARE & SUBMIT GLASS & GLAZING 2017-Feb-25 14-Mar-25 CM REVIEW & APPR GLASS & GLAZING 717-Mar-25 25-Mar-25 ARCH/ENG REV & APPR GLASS & GLAZING 1526-Mar-25 15-Apr-25 FAB & DELIVER GLASS & GLAZING 7016-Apr-25 22-Jul-25 Framing & Drywall Submittals 5217-Feb-25 29-Apr-25PREPARE & SUBMIT DRYWALL & FRAMING 1517-Feb-25 07-Mar-25 CM REVIEW & APPR DRYWALL & FRAMING 710-Mar-25 18-Mar-25 ARCH/ENG REV & APPR DRYWALL & FRAMING 1519-Mar-25 08-Apr-25 FAB & DELIVER DRYWALL & FRAMING 1509-Apr-25 29-Apr-25 Hard Tile Submittals 7217-Feb-25 27-May-25 PREPARE & SUBMIT TILE 1517-Feb-25 07-Mar-25 CM REVIEW & APPR TILE 710-Mar-25 18-Mar-25 ARCH/ENG REV & APPR TILE 1519-Mar-25 08-Apr-25 FAB & DELIVER TILE 3509-Apr-25 27-May-25 Acoustical Ceiling & Wall Panel Sunbittals 5717-Feb-25 06-May-25 PREPARE & SUBMIT ACOUSTIC CEILING 1517-Feb-25 07-Mar-25 CM REVIEW & APPR ACOUSTIC CEILING 710-Mar-25 18-Mar-25 ARCH/ENG REV & APPR ACOUSTIC CEILING 1519-Mar-25 08-Apr-25 FAB & DELIVER ACOUSTIC CEILING 2009-Apr-25 06-May-25 Carpet & Resilient Flooring Submittals 7717-Feb-25 03-Jun-25 PREPARE & SUBMIT RESILIENT FLOORING 2017-Feb-25 14-Mar-25 CM REVIEW & APPR RESILIENT FLOORING 717-Mar-25 25-Mar-25 ARCH/ENG REV & APPR RESILIENT FLOORING 1526-Mar-25 15-Apr-25 FAB & DELIVER RESILIENT FLOORING 3516-Apr-25 03-Jun-25 Paint Submittals 6217-Feb-25 13-May-25 PREPARE & SUBMIT PAINTS & SEALANTS 2017-Feb-25 14-Mar-25 CM REVIEW & APPR PAINTS & SEALANTS 717-Mar-25 25-Mar-25 Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecQtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Award / Issue Doors, Frames, & Hardware Subcontract Award / Issue Glass & Glazing Subcontract Award / Issue Framing, Drywall, and Stucco Subcontract Award / Issue Tile Subcontract Award / Issue Carpet & Resilient Flooring Subcontract Award / Issue Acoustical Ceilings & Wall Panels Subcontract Award / Issue Painting Subcontract Award / Issue Specialties Subcontract Award / Issue Signage Subcontract Award / Issue Fire Protection Subcontract Award / Issue Plumbing Subcontract Award / Issue HVAC Subcontract Award / Issue Electrical Subcontract 12-Aug-25, 100% GMP - Submittals & Procurement 12-Aug-25, Roofing Submittals PREPARE & SUBMIT ROOFING CM REVIEW & APPR ROOFING ARCH/ENG REV & APPR ROOFING FAB & DELIVER ROOFING 27-Jun-25, Door, Frame and Hardware SubmittalsPREPARE & SUBMIT DOORS & FRAMES PREPARE & SUBMIT WOOD DOORS & HARDWARE CM REVIEW & APPR DOORS & FRAMES CM REVIEW & APPR WOOD DOORS & HARDWARE ARCH/ENG REV & APPR DOORS & FRAMES ARCH/ENG REV & APPR WOOD DOORS & HARDWARE FAB & DELIVER DOORS & FRAMES FAB & DELIVER WOOD DOORS & HARDWARE 22-Jul-25, Glass & Glazing SubmittalsPREPARE & SUBMIT GLASS & GLAZING CM REVIEW & APPR GLASS & GLAZING ARCH/ENG REV & APPR GLASS & GLAZING FAB & DELIVER GLASS & GLAZING 29-Apr-25, Framing & Drywall SubmittalsPREPARE & SUBMIT DRYWALL & FRAMING CM REVIEW & APPR DRYWALL & FRAMING ARCH/ENG REV & APPR DRYWALL & FRAMING FAB & DELIVER DRYWALL & FRAMING 27-May-25, Hard Tile Submittals PREPARE & SUBMIT TILE CM REVIEW & APPR TILE ARCH/ENG REV & APPR TILE FAB & DELIVER TILE 06-May-25, Acoustical Ceiling & Wall Panel SunbittalsPREPARE & SUBMIT ACOUSTIC CEILING CM REVIEW & APPR ACOUSTIC CEILING ARCH/ENG REV & APPR ACOUSTIC CEILING FAB & DELIVER ACOUSTIC CEILING 03-Jun-25, Carpet & Resilient Flooring Submittals PREPARE & SUBMIT RESILIENT FLOORING CM REVIEW & APPR RESILIENT FLOORING ARCH/ENG REV & APPR RESILIENT FLOORING FAB & DELIVER RESILIENT FLOORING 13-May-25, Paint SubmittalsPREPARE & SUBMIT PAINTS & SEALANTS CM REVIEW & APPR PAINTS & SEALANTS City of Clearwater MSB - GMP CLEARWATER 13-Feb-25 16:03 Actual Work Remaining Work Critical Remaini... Milestone City of Clearwater MSB - GMP Start Date: 01-Sep-23 Finish Date: 14-Oct-25 Page 2 of 5 Activity Name OriginalDurationStart Finish ARCH/ENG REV & APPR PAINTS & SEALANTS 1526-Mar-25 15-Apr-25 FAB & DELIVER PAINTS & SEALANTS 2016-Apr-25 13-May-25 Signage Submittals 6217-Feb-25 13-May-25 PREPARE & SUBMIT SIGNAGE 2017-Feb-25 14-Mar-25 CM REVIEW & APPR SIGNAGE 717-Mar-25 25-Mar-25 ARCH/ENG REV & APPR SIGNAGE 1526-Mar-25 15-Apr-25 FAB & DELIVER ACCESS SIGNAGE 2016-Apr-25 13-May-25 Specialties Submittals 7217-Feb-25 27-May-25PREPARE & SUBMIT MISC. SPECIALTIES 1517-Feb-25 07-Mar-25 CM REVIEW & APPR MISC. SPECIALTIES 710-Mar-25 18-Mar-25 ARCH/ENG REV & APPR MISC. SPECIALTIES 1519-Mar-25 08-Apr-25 FAB & DELIVER MISC. SPECIALTIES 3509-Apr-25 27-May-25 Casework Submittals 8717-Feb-25 17-Jun-25 PREPARE & SUBMIT CASEWORK 2017-Feb-25 14-Mar-25 CM REVIEW & APPR CASEWORK 717-Mar-25 25-Mar-25 ARCH/ENG REV & APPR CASEWORK 1526-Mar-25 15-Apr-25 FAB & DELIVER CASEWORK 4516-Apr-25 17-Jun-25 Fire Protection Submittals 6217-Feb-25 13-May-25PREPARE & SUBMIT FIRE PROTECTION PIPING SDWGS & CALCS2017-Feb-25 14-Mar-25 CM REVIEW & APPR FIRE PROTECTION PIPING SDWGS & CALCS717-Mar-25 25-Mar-25 ARCH/ENG REV & APPR FIRE PROTECTION PIPING SDWGS & CALCS1526-Mar-25 15-Apr-25 FAB & DELIVER FIRE PROTECTION PIPING 2016-Apr-25 13-May-25 Plumbing Submittals 7217-Feb-25 27-May-25 PREPARE & SUBMIT PLUMBING MATERIALS & UNDER GROUND1017-Feb-25 28-Feb-25 PREPARE & SUBMIT PLUMBING PIPING SDWGS 2017-Feb-25 14-Mar-25 PREPARE & SUBMIT PLUMBING FIXTURES 1017-Feb-25 28-Feb-25 CM REVIEW & APPR PLUMBING MATERIALS & UNDER GROUND503-Mar-25 07-Mar-25 CM REVIEW & APPR PLUMBING FIXTURES 703-Mar-25 11-Mar-25 ARCH/ENG REV & APPR PLUMBING MATERIALS & UNDER GROUND1510-Mar-25 28-Mar-25 ARCH/ENG REV & APPR PLUMBING FIXTURES 1512-Mar-25 01-Apr-25 CM REVIEW & APPR PLUMBING PIPING SDWGS 717-Mar-25 25-Mar-25 ARCH/ENG REV & APPR PLUMBING PIPING SDWGS1526-Mar-25 15-Apr-25 FAB & DELIVER PLUMBING MATERIALS & UNDER GROUND531-Mar-25 04-Apr-25 FAB & DELIVER PLUMBING FIXTURES 4002-Apr-25 27-May-25 FAB & DELIVER PLUMBING PIPING 516-Apr-25 22-Apr-25 HVAC Submittals 7217-Feb-25 27-May-25 PREPARE & SUBMIT HVAC PIPING & DUCT SDWGS1017-Feb-25 28-Feb-25 PREPARE & SUBMIT HVAC CONTROLS 2017-Feb-25 14-Mar-25 CM REVIEW & APPR HVAC PIPING & DUCT SDWGS703-Mar-25 11-Mar-25 ARCH/ENG REV & APPR HVAC PIPING & DUCT SDWGS1512-Mar-25 01-Apr-25 CM REVIEW & APPR HVAC CONTROLS 717-Mar-25 25-Mar-25 ARCH/ENG REV & APPR HVAC CONTROLS 1526-Mar-25 15-Apr-25 FAB & DELIVER HVAC PIPING & DUCT PIPING 1502-Apr-25 22-Apr-25 FAB & DELIVER HVAC CONTROLS 3016-Apr-25 27-May-25 HVAC Equipment Submittals 12003-Feb-25 18-Jul-25 Prepare & Submit HVAC Equipment 803-Feb-25 12-Feb-25 CM Review & Approve HVAC Equipment 713-Feb-25 21-Feb-25 ARCH/ENG Review & Approve HVAC Equipment 1524-Feb-25 14-Mar-25 Fab & Deliver AHUs 9017-Mar-25 18-Jul-25 Electrical and Low Voltage Submittals 11717-Feb-25 29-Jul-25PREPARE & SUBMIT ELECTRICAL MATERIALS & UNDER GROUND1517-Feb-25 07-Mar-25 PREPARE & SUBMIT ELECTRICAL FIXTURES 1517-Feb-25 07-Mar-25 CM REVIEW & APPR ELECTRICAL MATERIALS & UNDER GROUND510-Mar-25 14-Mar-25 PREPARE & SUBMIT ELECTRICAL SDWGS 1510-Mar-25 28-Mar-25 CM REVIEW & APPR ELECTRICAL FIXTURES 710-Mar-25 18-Mar-25 PREPARE & SUBMIT FIRE ALARM 2010-Mar-25 04-Apr-25 Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecQtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 ARCH/ENG REV & APPR PAINTS & SEALANTS FAB & DELIVER PAINTS & SEALANTS 13-May-25, Signage SubmittalsPREPARE & SUBMIT SIGNAGE CM REVIEW & APPR SIGNAGE ARCH/ENG REV & APPR SIGNAGE FAB & DELIVER ACCESS SIGNAGE 27-May-25, Specialties SubmittalsPREPARE & SUBMIT MISC. SPECIALTIES CM REVIEW & APPR MISC. SPECIALTIES ARCH/ENG REV & APPR MISC. SPECIALTIES FAB & DELIVER MISC. SPECIALTIES 17-Jun-25, Casework Submittals PREPARE & SUBMIT CASEWORK CM REVIEW & APPR CASEWORK ARCH/ENG REV & APPR CASEWORK FAB & DELIVER CASEWORK 13-May-25, Fire Protection SubmittalsPREPARE & SUBMIT FIRE PROTECTION PIPING SDWGS & CALCS CM REVIEW & APPR FIRE PROTECTION PIPING SDWGS & CALCS ARCH/ENG REV & APPR FIRE PROTECTION PIPING SDWGS & CALCS FAB & DELIVER FIRE PROTECTION PIPING 27-May-25, Plumbing Submittals PREPARE & SUBMIT PLUMBING MATERIALS & UNDER GROUND PREPARE & SUBMIT PLUMBING PIPING SDWGS PREPARE & SUBMIT PLUMBING FIXTURES CM REVIEW & APPR PLUMBING MATERIALS & UNDER GROUND CM REVIEW & APPR PLUMBING FIXTURES ARCH/ENG REV & APPR PLUMBING MATERIALS & UNDER GROUND ARCH/ENG REV & APPR PLUMBING FIXTURES CM REVIEW & APPR PLUMBING PIPING SDWGS ARCH/ENG REV & APPR PLUMBING PIPING SDWGS FAB & DELIVER PLUMBING MATERIALS & UNDER GROUND FAB & DELIVER PLUMBING FIXTURES FAB & DELIVER PLUMBING PIPING 27-May-25, HVAC SubmittalsPREPARE & SUBMIT HVAC PIPING & DUCT SDWGS PREPARE & SUBMIT HVAC CONTROLS CM REVIEW & APPR HVAC PIPING & DUCT SDWGS ARCH/ENG REV & APPR HVAC PIPING & DUCT SDWGS CM REVIEW & APPR HVAC CONTROLS ARCH/ENG REV & APPR HVAC CONTROLS FAB & DELIVER HVAC PIPING & DUCT PIPING FAB & DELIVER HVAC CONTROLS 18-Jul-25, HVAC Equipment SubmittalsPrepare & Submit HVAC Equipment CM Review & Approve HVAC Equipment ARCH/ENG Review & Approve HVAC Equipment Fab & Deliver AHUs 29-Jul-25, Electrical and Low Voltage Submittals PREPARE & SUBMIT ELECTRICAL MATERIALS & UNDER GROUND PREPARE & SUBMIT ELECTRICAL FIXTURES CM REVIEW & APPR ELECTRICAL MATERIALS & UNDER GROUND PREPARE & SUBMIT ELECTRICAL SDWGS CM REVIEW & APPR ELECTRICAL FIXTURES PREPARE & SUBMIT FIRE ALARM City of Clearwater MSB - GMP CLEARWATER 13-Feb-25 16:03 Actual Work Remaining Work Critical Remaini... Milestone City of Clearwater MSB - GMP Start Date: 01-Sep-23 Finish Date: 14-Oct-25 Page 3 of 5 Activity Name OriginalDurationStart Finish ARCH/ENG REV & APPR ELECTRICAL MATERIALS & UNDER GROUND1517-Mar-25 04-Apr-25 ARCH/ENG REV & APPR ELECTRICAL FIXTURES 1519-Mar-25 08-Apr-25 CM REVIEW & APPR ELECTRICAL SDWGS 731-Mar-25 08-Apr-25 FAB & DELIVER ELECTRICAL MATERIALS & UNDER GROUND507-Apr-25 11-Apr-25 CM REVIEW & APPR FIRE ALARM 707-Apr-25 15-Apr-25 PREPARE & SUBMIT VOICE / DATA / INTERCOM / PAGING2007-Apr-25 02-May-25 ARCH/ENG REV & APPR ELECTRICAL SDWGS 1509-Apr-25 29-Apr-25 ARCH/ENG REV & APPR FIRE ALARM 1516-Apr-25 06-May-25 FAB & DELIVER ELECTRICAL OVERHEAD MATERIALS530-Apr-25 06-May-25 CM REVIEW & APPR VOICE / DATA / INTERCOM / PAGING705-May-25 13-May-25 FAB & DELIVER ELECTRICAL FIXTURES 5007-May-25 15-Jul-25 FAB & DELIVER FIRE ALARM 2007-May-25 03-Jun-25 ARCH/ENG REV & APPR VOICE / DATA / INTERCOM / PAGING1514-May-25 03-Jun-25 FAB & DELIVER VOICE / DATA / INTERCOM / PAGING4004-Jun-25 29-Jul-25 Municipal Service Building (MSB)17203-Dec-24 A 14-Oct-25Mobilization5803-Dec-24 A 25-Feb-25Employee Relocation / Move Out 2503-Dec-24 A 11-Feb-25 Mobilization 312-Feb-25 14-Feb-25 MEP Safeoff 717-Feb-25 25-Feb-25 Temp in Existing Data Closet and Production Studio 517-Feb-25 21-Feb-25 Construction 14026-Feb-25 12-Sep-25 Selective Demolition 3rd Floor 726-Feb-25 06-Mar-25 Selective Demolition 2nd Floor 707-Mar-25 17-Mar-25 Remove Existing AHU 307-Mar-25 11-Mar-25 Remove / Replace New Chiller (Owner)512-Mar-25 18-Mar-25 Selective Demolition 1st Floor 718-Mar-25 26-Mar-25 Install New AHU 719-Mar-25 27-Mar-25 OH MEP Rough In 3rd Floor 1027-Mar-25 09-Apr-25 New Chiller / AHU Piping 528-Mar-25 03-Apr-25 OH MEP Rough In 2nd Floor 1010-Apr-25 23-Apr-25 OH MEP Rough In 1st Floor 1024-Apr-25 07-May-25 New Wall Layout 3rd Floor 224-Apr-25 25-Apr-25 New Wall Layout 2nd Floor 228-Apr-25 29-Apr-25 In Wall MEP Rough 3rd Floor 1028-Apr-25 09-May-25 New Wall Layout 1st Floor 208-May-25 09-May-25 In Wall MEP Rough 2nd Floor 1012-May-25 23-May-25 In Wall MEP Rough 1st Floor 1027-May-25 09-Jun-25 Hang / Tape / Finish New Walls 3rd Floor 727-May-25 04-Jun-25 Hang / Tape / Finish New Walls 2nd Floor 705-Jun-25 13-Jun-25 Hang / Tape / Finish New Walls 1st Floor 716-Jun-25 24-Jun-25 Prime / 1st Coat Paint 3rd Floor 525-Jun-25 01-Jul-25 Prime / 1st Coat Paint 2nd Floor 502-Jul-25 09-Jul-25 Acoustical Ceiling Grid 3rd Floor 502-Jul-25 09-Jul-25 Prime / 1st Coat Paint 1st Floor 510-Jul-25 16-Jul-25 Acoustical Ceiling Grid 2nd Floor 510-Jul-25 16-Jul-25 MEP Ceiling Devices 3rd Floor 510-Jul-25 16-Jul-25 Acoustical Ceiling Grid 1st Floor 517-Jul-25 23-Jul-25 MEP Ceiling Devices 2nd Floor 517-Jul-25 23-Jul-25 MEP Ceiling Devices 1st Floor 524-Jul-25 30-Jul-25 MEP OH Finals 431-Jul-25 05-Aug-25 HVAC Startup 0 05-Aug-25 Acoustical Ceilings / Panels 3rd Floor 306-Aug-25 08-Aug-25 Acoustical Ceilings / Panels 2nd Floor 311-Aug-25 13-Aug-25 Install New Flooring and Base 3rd Floor 511-Aug-25 15-Aug-25 Acoustical Ceilings / Panels 1st Floor 314-Aug-25 18-Aug-25 Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecQtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 ARCH/ENG REV & APPR ELECTRICAL MATERIALS & UNDER GROUND ARCH/ENG REV & APPR ELECTRICAL FIXTURES CM REVIEW & APPR ELECTRICAL SDWGS FAB & DELIVER ELECTRICAL MATERIALS & UNDER GROUND CM REVIEW & APPR FIRE ALARM PREPARE & SUBMIT VOICE / DATA / INTERCOM / PAGING ARCH/ENG REV & APPR ELECTRICAL SDWGS ARCH/ENG REV & APPR FIRE ALARM FAB & DELIVER ELECTRICAL OVERHEAD MATERIALS CM REVIEW & APPR VOICE / DATA / INTERCOM / PAGING FAB & DELIVER ELECTRICAL FIXTURES FAB & DELIVER FIRE ALARM ARCH/ENG REV & APPR VOICE / DATA / INTERCOM / PAGING FAB & DELIVER VOICE / DATA / INTERCOM / PAGING 14-Oct-25, Municipal Service Building (MSB) 25-Feb-25, Mobilization Employee Relocation / Move Out Mobilization MEP Safeoff Temp in Existing Data Closet and Production Studio 12-Sep-25, Construction Selective Demolition 3rd Floor Selective Demolition 2nd Floor Remove Existing AHU Remove / Replace New Chiller (Owner) Selective Demolition 1st Floor Install New AHU OH MEP Rough In 3rd Floor New Chiller / AHU Piping OH MEP Rough In 2nd Floor OH MEP Rough In 1st Floor New Wall Layout 3rd Floor New Wall Layout 2nd Floor In Wall MEP Rough 3rd Floor New Wall Layout 1st Floor In Wall MEP Rough 2nd Floor In Wall MEP Rough 1st Floor Hang / Tape / Finish New Walls 3rd Floor Hang / Tape / Finish New Walls 2nd Floor Hang / Tape / Finish New Walls 1st Floor Prime / 1st Coat Paint 3rd Floor Prime / 1st Coat Paint 2nd Floor Acoustical Ceiling Grid 3rd Floor Prime / 1st Coat Paint 1st Floor Acoustical Ceiling Grid 2nd Floor MEP Ceiling Devices 3rd Floor Acoustical Ceiling Grid 1st Floor MEP Ceiling Devices 2nd Floor MEP Ceiling Devices 1st Floor MEP OH Finals HVAC Startup Acoustical Ceilings / Panels 3rd Floor Acoustical Ceilings / Panels 2nd Floor Install New Flooring and Base 3rd Floor Acoustical Ceilings / Panels 1st Floor City of Clearwater MSB - GMP CLEARWATER 13-Feb-25 16:03 Actual Work Remaining Work Critical Remaini... Milestone City of Clearwater MSB - GMP Start Date: 01-Sep-23 Finish Date: 14-Oct-25 Page 4 of 5 Activity Name OriginalDurationStart Finish Install New Flooring and Base 2nd Floor 518-Aug-25 22-Aug-25 Install New Flooring and Base 1st Floor 525-Aug-25 29-Aug-25 Install New Doors and Hardware 3rd Floor 325-Aug-25 27-Aug-25 Install New Doors and Hardware 2nd Floor 328-Aug-25 02-Sep-25 Touch-up Walls / Final Paint 3rd Floor 328-Aug-25 02-Sep-25 Install New Doors and Hardware 1st Floor 303-Sep-25 05-Sep-25 Touch-up Walls / Final Paint 2nd Floor 303-Sep-25 05-Sep-25 Touch-up Walls / Final Paint 1st Floor 308-Sep-25 10-Sep-25 Substantial Completion Inspections 508-Sep-25 12-Sep-25 Final Cleaning 508-Sep-25 12-Sep-25 BOS Furniture Installation 4215-Aug-25 14-Oct-25 Furniture Installation - 3rd Floor 1415-Aug-25 04-Sep-25 Furniture Installation - 1st Floor 1404-Sep-25 24-Sep-25 Furniture Installation - 2nd Floor 1424-Sep-25 14-Oct-25 Substantial Completion 2012-Sep-25 13-Oct-25Substantial Completion 0 12-Sep-25 Punchlist 2015-Sep-25 10-Oct-25 Final Completion-Construction 013-Oct-25 Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecQtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Install New Flooring and Base 2nd Floor Install New Flooring and Base 1st Floor Install New Doors and Hardware 3rd Floor Install New Doors and Hardware 2nd Floor Touch-up Walls / Final Paint 3rd Floor Install New Doors and Hardware 1st Floor Touch-up Walls / Final Paint 2nd Floor Touch-up Walls / Final Paint 1st Floor Substantial Completion Inspections Final Cleaning 14-Oct-25, BOS Furniture InstallationFurniture Installation - 3rd Floor Furniture Installation - 1st Floor Furniture Installation - 2nd Floor 13-Oct-25, Substantial Completion Substantial Completion Punchlist Final Completion-Construction City of Clearwater MSB - GMP CLEARWATER 13-Feb-25 16:03 Actual Work Remaining Work Critical Remaini... Milestone City of Clearwater MSB - GMP Start Date: 01-Sep-23 Finish Date: 14-Oct-25 Page 5 of 5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0092 Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.9 SUBJECT/RECOMMENDATION: Amend Clearwater Code of Ordinances by creating Section 2.429 to permit firefighters to purchase prior firefighter and military service and pass Ordinance 9818-25 on first reading. SUMMARY: The City of Clearwater Employees’ Pension Plan governs the payment of retirement benefits for City employees. Chapter 175, Florida Statutes permits firefighters to purchase prior firefighter and miliary service. In 2024, the City and International Association of Fire Fighters agreed to a change in the Pension Plan. Current firefighters will now be eligible to purchase up to five years of prior firefighter and miliary service. Prior years of service are years that a member previously served as a firefighter for any other municipal, county, or state fire department or served in the military service. The purchased years of service will be added to the member’s years of credited service. The member shall pay all costs associated with the purchased years of service. The Plan’s actuary has studied the cost of this ordinance and has determined that there is no actuarial impact. Page 1 City of Clearwater Printed on 2/14/2025 ORDINANCE NO. 9818-25 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA; AMENDING CHAPTER 2, ARTICLE V, DIVISION 3, EMPLOYEES’ PENSION PLAN, CREATING SECTION 2.429 PRIOR FIREFIGHTER AND MILITARY SERVICE BUYBACKS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Employees’ Pension Plan (the “Plan”) governs the payment of retirement benefits for City employees; WHEREAS, the City is desirous of attracting and retaining employees to be firefighters; WHEREAS, Chapter 175, Florida Statutes permits firefighters to purchase prior firefighter service; WHEREAS, Chapter 175, Florida Statutes permits firefighters to purchase pre- employment military service; WHEREAS, the City and applicable labor union have agreed to a change in the Plan for its members; and WHEREAS, the Plan’s actuary has studied the cost of this amendment; and WHEREAS, the City has determined that the adoption of this Ordinance to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, THAT: Section 1: Section 2.429 of the Code of Ordinances of the City of Clearwater is hereby created to read as follows: Section 2.429. – Prior firefighter and military service buybacks (1) Buyback of prior fire service. The years or fractional parts of years that a member previously served as a firefighter for any other municipal, county or state fire department in the State of Florida shall be added to his or her years of credited service provided that: (a) The member contributes to the fund an actuarially determined amount so that the crediting of the purchased service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. A member who does not purchase years of credited service shall be responsible for the payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (b) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. A firefighter member may only purchase prior firefighter service. (c) Payment by the member of the required amount can be made by either lump sum payment or equal biweekly installments. Payment by lump sum shall be made within six months of the request for credit. Payment by payroll deductions shall be in equal biweekly installments for a period which shall not exceed the number of years being purchased. A member making installment payments shall be charged interest based on the actuarially assumed rate of return at the time the purchase is made and shall complete all required payments prior to payment of any benefit under this section. (d) The maximum credit under this section for service other than with the City of Clearwater when combined with credited service purchased pursuant to section (2) military service prior to employment, shall be five years of credited service and shall count for all pension purposes, except vesting and eligibility for disability benefits off-duty. (e) In no event, however, may credited service be purchased pursuant to this section for prior service with any other municipal, county or state fire department, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or plan. (f) For purposes of determining credit for prior fire service as a firefighter as provided for in this section, in addition to service as a firefighter in this state, credit may be given for federal, other state, or county service if the firefighter provides proof to the board that such service is equivalent to the service required to meet the definition of a firefighter under section 2.412. (2) Military service prior to employment. The years or fractional parts of years that a firefighter serves or has served on active duty in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily and honorably or under honorable conditions, prior to first and initial employment with the City of Clearwater Fire Department shall be added to his or her years of credited service provided that: (a) The member contributes to the fund an actuarially determined amount so that the crediting of the purchased service does not result in any cost to the fund plus payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. A member who does not purchase years of credited service shall be responsible for the payment of costs for all professional services rendered to the board in connection with the purchase of years of credited service. (b) Multiple requests to purchase credited service pursuant to this section may be made at any time prior to retirement. (c) Payment by the member of the required amount can be made by either lump sum payment or equal biweekly installments. Payment by lump sum shall be made within six months of the request for credit. Payment by payroll deductions shall be in equal biweekly installments for a period which shall not exceed the number of years being purchased. A member making installment payments shall be charged interest based on the actuarially assumed rate of return at the time the purchase is made and shall complete all required payments prior to payment of any benefit under this section. (d) The maximum credit under this section when combined with credited service purchased pursuant to section (1), buyback of prior fire service for service other than with the City of Clearwater shall be five years. (e) Credited service purchased pursuant to this section shall count for all pension purposes, except vesting and eligibility for disability benefits off-duty. Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. Section 2: It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City Clearwater, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 3: If any clause, section, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not affect the validity of the remaining portions or applications which shall remain in full force and effect. Section 4: All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: This Ordinance shall become effective immediately upon adoption, unless otherwise provided. PASSED ON FIRST READING ____________________ PASSED ON SECOND AND FINAL ____________________ READING AND ADOPTED ____________________________ Bruce Rector Mayor Approved as to form: Attest: _________________________ ____________________________ Owen Kohler Rosemarie Call Lead Assistant City Attorney City Clerk January 31, 2025 Mr. Owen Kohler Lead Assistant City Attorney City of Clearwater - City Attorney’s Office 600 Cleveland Street, Suite 600 Clearwater, Florida 33755 Re: City of Clearwater Employees’ Pension Plan – No Actuarial Impact Letter for Proposed Ordinance Dear Mr. Kohler: We have reviewed proposed ordinance #9818-25, which would add Section 2.429 titled “Prior firefighter and military service buybacks” to the City Code. Under the proposed ordinance, firefighters would be permitted to purchase prior firefighter and/or military service under the City of Clearwater Employees’ Pension Plan, subject to a maximum of five years of combined purchased service. Purchased service counts for all purposes except vesting and eligibility towards off-duty disability retirement. Members would be required to pay the full actuarial cost of the service being purchased including the fee for the professional services to prepare the calculation. Payment must be made in a lump sum within six months of requesting the credit OR in biweekly payments over a period of time not to exceed the length of service being purchased, including interest at the actuarially assumed rate of return as of the time of purchase. Since firefighters will be required to pay the full actuarial cost of the service being purchased, it is our opinion that future service purchases pursuant to this Ordinance will not have an immediate actuarial impact on the cost of the Pension Plan. There may be future experience gains and losses associated with service purchases if actual Plan experience does not match the actuarial assumptions used to determine the cost of the service purchases, so future service purchases will (marginally) increase the Plan’s exposure to risk. However, this Ordinance will not have an immediate cost impact on the Plan for prefunding purposes, and thus a formal Actuarial Impact Statement is not required. We recommend you send a copy of this letter and the ordinance to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Academy’s Qualification Standards to render the actuarial opinion contained herein. The signing actuary is independent of the plan sponsor. Please let us know if there are any questions. Sincerely yours, Gabriel, Roeder, Smith & Company Peter N. Strong, FSA, EA, MAAA, FCA Senior Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. cc: Mr. Jay Ravins, Finance Director Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0097 Agenda Date: 2/20/2025 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.10 SUBJECT/RECOMMENDATION: Request authority to appeal an amended final judgment against the City in the case of Giannikos v. City of Clearwater (Case No. 22-424-CI). SUMMARY: On May 28, 2019, Maximus Giannikos crossed the intersection of US19 and Gulf-to-Bay Blvd. when he was struck by a car driven by a private citizen who was not affiliated with the City. Mr. Giannikos then initiated a lawsuit against the City on January 26, 2022. The case proceeded to a jury trial that occurred between September 9, 2024 and September 13, 2024. The trial was bifurcated with the issue of liability tried first. The jury returned a liability verdict finding the plaintiff 55% at fault for his own harm. Had the accident happened today, the liability verdict would have resulted in a judgment in favor of the City. Since it did not, the case proceeded to a damages trial where the jury returned a verdict more than the statutory cap. The City filed four post-verdict motions. One was granted by the trial court but the other three were denied. The trial court then rendered an amended final judgment in Mr. Giannikos’s favor. The City Attorney’s Office believes that the City’s position at trial and its post-verdict motions were meritorious and that the City should appeal the amended judgment to the Second District Court of Appeal. APPROPRIATION CODE AND AMOUNT: Funds are available in the Central Insurance Fund code 5907590-545900, Insurance Claims-Liability. The Central Insurance Fund is an internal service fund of the City. Page 1 City of Clearwater Printed on 2/14/2025 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#25-0127 Agenda Date: 2/20/2025 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Attorney Agenda Number: 6.11 SUBJECT/RECOMMENDATION: Authorize the filing of a civil lawsuit against Stantec, Inc., Skanska USA, and their affiliated entities SUMMARY: The City hired Stantec to design Coachman Park. The City hired Skanska USA to construct Coachman Park as a construction manager at-risk (CMAR). In reviewing matters with city staff, it has been determined that one or both of these entities are responsible for certain design defects and construction defects. The City has engaged in productive conversations with Stantec and Skanska regarding these issues. However, those conversations have not fully resolved the City's concerns. As a result, the City Attorney's Office is seeking pre-approval to file a lawsuit in the event a resolution cannot be reached swiftly. Design defects and latent construction defects can be highly technical. The City Attorney has engaged attorney Trevor Arnold with the law firm of Gray Robinson to represent the City in this lawsuit. Mr. Arnold is a board-certified specialist in construction law; he currently serves as the Construction Team Leader for Gray Robinson. The City Attorney recommends and requests approval to incur up to $100,000 in litigation expenses, inclusive of both attorney's fees and expert witness costs. As with any affirmative litigation, the duration and extent of litigation can be heavily influenced by the defendants and Judicial rulings. The actual cost may be significantly less. However, no additional cost will be incurred without Council approval. APPROPRIATION CODE AND AMOUNT: Funds are available in the City Attorney’s Office cost code 0109600-530100, professional services, to fund this contract. The City Attorney’s Office is funded by General Fund revenues. Page 1 City of Clearwater Printed on 2/14/2025