Loading...
S OSCEOLA AVE PARKING GARAGE - 22-0011-ENSECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND 1 CONTRACT 3 CONSENT OF SURETY TO FINAL PAYMENT 7 PROPOSAL/BID BOND 8 AFFIDAVIT 9 NON -COLLUSION AFFIDAVIT 10 PROPOSAL 11 CITY OF CLEARWATER ADDENDUM SHEET 13 BIDDER'S PROPOSAL 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM 15 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM 16 SECTION V Page i Updated: 6/3/2024 SECTION V — Contract Documents Bond No.: PUBLIC CONSTRUCTION BOND (I) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the work after a default or abandonment. the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services. the public entity may not make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR SURETY OWNER Creative Contractors, Inc. [name] 101 Creative Way. Clearwater. FL [principal business address] 727-461-5522 [phone number] City' of Clearwater Public Works 100 South Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: S. Osceola Ave. Parking Garage PROJECT NO.: 22 -0011 -EN PROJECT DESCRIPTION: Construct a 7 -story, mixed use, open parking garage with 397 parking spaces and future retail at the first floor of S. Osceola Ave. frontage. BY THIS BOND, We. . as Contractor. and a corporation. as Surety, are bound to the City of Cleanvater. Florida, herein called Owner, in the sum of $ 19,043,118.96. for payment of which we bind ourselves, our heirs, personal representatives, successors. and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated . between Contractor and Owner for construction of S. Osceola Ave. Parking Garage Project # 22 -0011 -EN, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal. Contract, Surety Bond. Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix. and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and ?. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes. supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V Bond No.: Page 1 of 16 Updated: 6/3/2024 SECTION V — Contract Documents PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings. that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2). Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees. to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise, it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, and Surety does hereby waive notice of any such change. extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF. witness the hands and seals of the parties hereto this day of , 20 . (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). WITNESS: S�-cam--- orate Secretary or Witness Print Name: _1 1.4e S ,+-•� (affix corporate seal) SECTION V Creative Contractors, Inc. By: Title: Print Name: WITNESS: Print Name:I w btu -1 S. Ln1 t r� av .1— Prce3 %D �I. BoMSre tiJ (Corporate Surett.) By: ATTORNEY-IN-FACT Print Name: (afx corporate seal) (Power of Attorney must he attached) Page 2 of 16 Updated: 6/3/2024 SECTION V — Contract Documents CONTRACT (1) This CONTRACT made and entered into this day of , 2025 by and between the City of Clearwater, Florida. a municipal corporation, hereinafter designated as the "City", and Creative Contractors, Inc. of the City of Clearwater County of Pinellas and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this _ day of , 20_ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and , a/an (State) Corporation authorized to do business in the State of Florida, of the City of County of and State of , hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings. promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators. in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials. tools and equipment for the following: PROJECT NAME: S. Osceola Ave. Parking Garage PROJECT NO.: 22-001 1 -EN in the amount of $ _19,043,118.96 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any. which will be submitted by the City. together with any advertisement, instructions to bidders. general conditions. technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions. provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V Page 3 of 16 Updated: 6/3/2024 SECTION V — Contract Documents CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 72.5.06(2). In addition to the foregoing provisions. the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion. color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment. upgrading, demotion. or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder. including contracts or agreements with labor unions and/or worker's representatives. except sub -contractors for standard commercial supplies or raw materials. 1t is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein. it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that it; any titne after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor. that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V Page 4 of 16 Updated: 6/3/2024 SECTION V — Contract Documents CONTRACT (3) 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, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, City Clerk, AT Rosemarie.Call umvclearwater.com, 727-562-4092, 600 Cleveland St. Clearwater, FL 33756. The contractor's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. 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 SECTION V Page 5 of 16 Updated: 6/3/2024 SECTION V — Contract Documents CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINEL S C 0 UNTY, FLORIDA By: ennife 'oirr"-r City Manager Countersigned: By: Bruce Recto Mayor Rosemarie Call City Clerk Ann •ved as to form: Jerr Sen impson r Assistant City Attorney Contractor must indicate whether: r/ Corporation, Partnership, Company, or Individual LAt-sienvv-G9NinutC d 14-c. (Contractor) By: 'sl (SE:A07 Print Name: l4114r 13ohtiTel' Title: Leot Pel of .Jr The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title. where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation — provide Affidavit. SECTION V Page 6 of 16 Updated: 6/3/2024 SECTION V — Contract Documents CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: S. Osceola Ave. Parking Garage Public Works PROJECT NO.: 22-001 1 -EN 100 S. Myrtle Ave. CONTRACT DATE: [ 1 Clearwater, FL 33756 BOND NO.: [ 1, recorded in O.R. Book [ 1, Page [ 1, of the Public Records of Pinellas County, Florida. CONTRACTOR: Creative Contractors, Inc. Pursuant to § 255.05(1 1), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety'] [address] [address] on bond of Creative Contractors, Inc 101 Creative Way Clearwater, FL 33759 .SURETY, ,CONTRACTOR, hereby approves of the final payment to the Contractor. and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Public Works 100 S. Myrtle Ave. Clearwater, FL 33756 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this _ day of Attest: (Seal): SECTION V , OWNER, (Surety) (Signature of authorized representative) (Printed name and title) Page 7 of 16 Updated: 6/3/2024 SECTION V —Contract Documents PROPOSAL/BID BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned. Creative Contractors, Inc. as Contractor, and Travelers Casualty and Surety Company of America as Surety, whose address is One Tower Square Hartford CT 06183 , are held and firmly bound unto the City of Clearwater. Florida, in the sum of TEN percent of the amount bid Dollars ($ to% of amount bid ) (being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves. our heirs. executors. administrators. successors and assigns. The condition of the above obligation is such that if the attached Proposal of Creative Contractors. Inc. as Contractor, and Travelers Casualty and Surety Company of America as Surety. for work specified as: South Osceola Parking Garage, ITB 22 -0011 -EN all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing. and furnish the required Public Construction Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal/Bid Bond will be paid to the City as stipulated or liquidated damages. Principal must indicate whether: x Corporation, Partnership, Company. or Individual Signed this 5th day of August . 20 25 . Creative Contractors._111C. Contractor Prin, ipal By: _ Title Travelers Casualty and Sum Company of America Surety Kevin 'R. Wojtowicz, Attorney -in -Fact The person signing shall, in his own handwriting. sign the Principal's name, his own name, di id Ili:, l;lit: where the person is signing for a Corporation, he must, by Affidavit, show his authority to hind Iht Corporation — provide Affidavit. SECTION V Page 8 of 16 Updated: 6/3/2024 TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That travelers Casualty and Surety Company of America Travelers Casualty and Surely Company and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies") and that the Companies do hereby make constitute and appoint KEVIN R WOJTOWICZ of ST PETERSBURG . Florida , their true and lawful Attorney(s)-in-E act to sign execute seal and acknowledge any and an bonds. recognizances conditional undertakings and other writings obligatory in the nature thereof on oehalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permuted in any actions or proceedings allowed by law IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this 21st day of April. 2021 �vr °i'rr it(NOTCROI t CONN. • • State of Connecticut City of Hartford ss By Robert L Raney enior 'Vice President nil this the 21st day of April 2021 before me personally appeared Robert L. Raney who acknowledged himself to ne the Senior Vice President of each of the Companies. and that he as such. being authorized so to do executed the foregoing instrument tor the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer IN WITNESS WHEREOF i hereunto set my hand and officra! seal My Commission expires the 30th day of June 2026 Tnrs Power of Attorney is granted under and by the authority of the following resolutions adopted by the Hoards of Directors of each of the Companies which resolutions are now in fun force and effect reading as follows RESOLVED, that the Chairman. the President any Vice Chairman. any Executive Vice President any Senior Vice President. any Vice President. any Second Vice President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman. the President. any Vice Chairman. any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond. recognizance. contract of indemnity. or writing obligatory in the nature of a bond recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President any Second Vice President the Treasurer any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary. or (b) duly executed (under seal. if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certrficate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. and it is FURTHER RESOLVED, that the signature of each of the following officers President, any Executive Vice President any Senior Vice President any Vice President, any Assistant Vice President. any Secretary, any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1 Kevin E. Hughes the undersigned. Assistant Secretary of each of the Companies. do hereby :.ertfy that the above and foregohrg is a true and correct copy of the Power of Attorney executed by said Companies which remains in hill force and effect Ddled this 5th day of August 2025 Kevin E' Fe jhes Assi_tali Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-388a Please refer to the above-named Attorneys) -fn -fact and the details of the bond to which this Power of Attorney is attached. ANNUAL CORPORATE ACTION BY STOCKHOLDERS AND DIRECTORS OF CREATIVE CONTRACTORS, INC. The stockholders and Directors of CREATIVE CONTRACTORS, INC., a corporation organized and existing under the laws of the State of Florida, do hereby unanimously agree, consent to, adopt and order the following corporate action: 1. Each of the undersigned does hereby waive all formal requirements, including the necessity of holding a formal or informal meeting, and any requirements that notice of such meeting be given. 2. The stockholders and Directors agree that this corporate action shall stand in lieu of the annual meeting to be held during the month of December 2024. 3. The following individuals are elected as Directors for the corporation to serve until the next annual meeting and until their successors are elected and qualified: ALAN C. BOMSTEIN JOSHUA BOMSTEIN H. ALAN HOLDERITH, JR. 4. The actions of the Directors and Officers of the corporation from the last annual meeting of stockholders until the date of this meeting are hereby ratified and confirmed as the acts of the corporation. 5. Regarding the 401(k) facet of the CREATIVE CONTRACTORS, INC. 401 (K) PROFIT SHARING PLAN, it was agreed that the corporation will match 50 cents for each dollar of employee contribution, up to 6 percent of an employee's annual salary (max match = 3% of salary) for the fiscal year beginning January 1, 2025. 6. The Following were duly nominated and, a vote having been taken, were unanimously elected Officers of the Corporation to serve for one year or until their successors are elected and shall qualify: Alan C. Bornstein Founder Joshua Bomstein Chief Executive Officer /President H. Alan Holderith, Jr. Chief Operating Officer/ Secretary Jerry Siminski Chief Construction Officer H. Alan Holderith, Jr. Treasurer Jim Cacini Vice President Joe Primiani Vice President Corporate Minutes Page 2 Todd Pope Troy Powell Aixa Santiago Vice President Vice President Vice President 7. Of the above-mentioned elected Officers, ONLY the following shall have check signing authority: Alan C. Bornstein Chief Executive Officer Joshua Bornstein President H. Alan Holderith, Jr. Chief Operating Officer / Secretary 8. The action contained herein, and not noted otherwise, shall be effective as of the 1st day of January 2025. (Signatures on Page 3) Corporate Minutes Page 3 IN WITNESS WHEREOF, the undersigned stockholders and directors have each executed the foregoing Annual Corporate Action by StockholdersApd Directors for the purpose of giving their consent thereto, this 2. S day of JANvAty , 2025. DIRECTORS: JY L ALAN C. BOMSTEIN .JOSHUA BOMSTEIN H. ALAN HOLD MUTH STOCKHOLDERS: L • • ALAN C. BOMSTEIN M CACINI 1 JERRY HUA BOMSTEIN H. ALAN HOWERITH ).-10110e' • • • 18.114,1 _ soimb. OSEPH PRIMIANI L ----- TODD POPE TROY P( WELL SECTION V — Contract Documents AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATE OF FLORIDA COUNTY OF Pinellas ) H. Alan Holderith , being duly sworn, deposes and says that he/she is Secretary of Creative Contractors, Inc. a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: 101 Creative Wav (Street & Number) Clearwater Pinellas FL (City) (County) (State) Affiant further says that he is familiar with the records, minute books and by-laws of Creative Contractors, Inc. (Name of Corporation) Affiant further says that Joshua Bornstein is (Officer's Name) of the corporation, is duly authorized to sign the Proposal for Creative Contractors, Inc. or said corporation by virtue of (Title) CEO & President (state whether a provision of by laws or a Resolution of Board of Directors. If by Resolution give date of adoption). Sworn to before me this 28th day of Affiant July , 20 25 . Notary Public Type/print/stamp name of Notary Title or rank, and Serial No., if any ROOM J. EGGMMAMd to z WV COMMISSION • MM sows s E mot Jriiry 322029 SECTION V Page 9 of 16 Updated: 6/3/2024 SECTION V — Contract Documents NON -COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF Pinellas ) Joshua Bomstein being, first duly sworn, deposes and says that he is CEO & President of Creative Contractors, Inc. the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. Spull • Sworn to and subscribed before me this 28th day of Julv &sem Notary Public ,2025 NOWT J. EOOIMN1N MY COMMISSION IINil SONS L t mmy 3, _- SECTION V Page 10 of 16 Updated: 6/3/2024 SECTION V — Contract Documents PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for S. Osceola Ave. Parking Garage Project # 22 -0011 -EN and doing such other work incidental thereto, all in accordance with the contract documents, marked S. Osceola Ave. Parking Garage Project # 22 -0011 -EN Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater. Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney: and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person. persons. company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Public Construction Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater. Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages: otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. SECTION V Page 11 of 16 Updated: 6/3/2024 SECTION V — Contract Documents PROPOSAL (2) Attached hereto is a bond or certified check on Bank, for the sum of Ten percent (10%) of the amount of bid ($ $22,00Q000 (being a minimum of 10% of Contractor's total bid amount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (lf corporation, give the names and addresses of the President and Secretary. If a firm or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub -contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: Joshua Bomstein, CEO & President H. Alan Holderith, Secretary ADDRESSES: • Signature of Bidder: j jto,A, `14h. -r.. The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice President, he must, by affidavit, show his authority, to bind the corporation. Principal:`ia. By: _ Company Legal Name: Creative Contractors, Inc. Doing Business As (if different than above): Business Address of Bidder: 101 Creative Way City and State: Clearwater, Florida Title: 60 -1" Zip Code 33759 Phone: 727-461-5522 Email Address: jbomsteirEd:creativecontractors.com Dated at :. '- J?4t this 29th day of July , A.D., 2025. SECTION V Page 12 of 16 Updated: 6/3/2024 SECTION V — Contract Documents CITY OF CLEARWATER ADDENDUM SHEET PROJECT: South Osceola Parking Garage (22 -0011 -EN) Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. 1 Date: May 30, 2025 Addendum No. 2 Date: May 30. 2025 Addendum No. 3 Date: June 4, 2025 Addendum No. 4 Date: June 20, 2025 Addendum No. 5 Date: June 24, 2025 Addendum No. 6 Date: June 27, 2025 Addendum No. 7 Date: June 26, 2025 Addendum No. 8 Date: June 30, 2025 Addendum No. 9 Date: July 21, 2025 Addendum No. 10 Date: July 30, 2025 Addendum No. Date: SECTION V Creative Contractors, Inc. (Name of Bidder) ignature of Officer) CEO & President (Title of Officer) July 28, 2025 (Date) Page 13 of 16 Updated: 6/3/2024 SECTION V — Contract Documents BIDDER'S PROPOSAL PROJECT: S. Osceola Ave. Parking Garage Project # 22 -0011 -EN CONTRACTOR: Creative Contractors, Inc. BIDDER'S GRAND TOTAL: $ 19,043,118.96 (Numbers1 BIDDER'S GRAND TOTAL: Nineteen Million, Forty Three Thousand. One Hundred Eighteen and Ninety Six cents. (Words1 Insert Bid Tab Table Here THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. THE CONTRACTOR SHALL PROVIDE COPIES OF A CURRENT CONTRACTOR LICENSE/REGISTRATION WITH THE STATE OF FLORIDA AND PINELLAS COUNTY IN THE BID RESPONSE. SECTION V Page 14 of 16 Updated: 6/3/2024 South Osceola Ave. Parking Garage Project # 22 -0011 -EN Ba:«• n:d r,,, Selected Line Item Ur,., uplun, 1 Division 01 -General Requirements 2 Division 02 -Existing Conditions 3 Division 03 -Concrete 4 Division 04 -Masonry 5 Division 05 -Metal 6 Division 06 -Wood and Plastics 7 Division 07 -Thermal and Moisture Protection 8 Division 08 -Doors and Windows 9 Division 09 -Finishes 10 Division 10 -Specialties 11 Division 11 -Equipment 12 Division 12 -Furnishings 13 Division 13 -Special Construction 14 Division 14 -Conveying Systems 15 Division 21 -Fire Suppression 16 Division 22 -Plumbing 17 Division 23 -Heating, Ventilating and Air Conditioning 18 Division 26 -Electrical 19 Division 28 -Electronic Safety and Security 20 Division 31 -Earthwork 21 Division 32 -Exterior Improvements - 2 Division 33 -Utilities Base Wand Contingency Selected line Item Description 1 Base Bid: Single -Prime (All Trades) 2 Owners Contingency Allowance (3% of Base Bid) Grand Total Bid Opening August 5, 2025 @ 2pm C tratlYr (Uncle, I,,, :,,, Unit of Measure LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM LUMP SUM CYralivr (. unl r at lot •,, InC. Unit of Measure LUMP StiM LUMP SU LUMP SUM low bidder: Creative Contractors $19,043,118.96 Tentative Award Date September 4, 2025 t chum !MP SUM 1 Comf Kokolak!•. 1 ,,,:i , . t . MANHAT TAN CONSTRUCTION COMPANY i tt Roy Anderson Corp UMP SUM 51,707,817.00 51,435,624.00 51,408,413.79 5170,402.00 50.00 571,811.82 56,297,464.00 51.367,180.00 56,381,856,68 5338,854.00 5355,707,00 5240,829 54 5620,277.00 5379,422.00 5619,031.91 55,432.00 50.00 5181.159 72 5813,645.00 5720,939.00 51,075,579.14 5664,316.00 5674,679.00 5678,349 09 5494,894.00 5668,194.00 5277,878.59 5363,153.00 5183,693.00 5455,786.04 5243,601.00 5269,405.00 5352,97094 532,781.00 50.00 534,909 53 50.00 55,745,137.00 50.00 5393,793.00 5369.210.00 5374,14590 5631,868.00 5501,058.00 5574,432,22 5682,448.00 5634,813.00 5645,169.91 5444,897.00 5492,273.00 5445,212.11 51,551,719.00 51,570,861.00 51,547,215.85 50.00 50.00 50.00 52,240,948.00 53,363,439.00 53,638,748.93 5285,887.00 598,521.00 578,354 70 5504,270.00 5000 Sill ')S11S .00 518,830,155.00 519,295,807.66 t UMP SUM L UMP SUM 51,454,061.88 50.00 56,965,723.76 $319,385.32 5870,939.13 50.00 51,162.608.00 5674,027.61 5377,120.78 5536,169.30 5345.260.11 535,221.44 50.00 5343,959.42 5681,393.70 5704.425.86 5298,861.76 51,607,729.60 50.00 53.250,530.01 580.618 90 50 01, $19,708,036.58 IF Dunn Construction Const Kokolakis Contrartinl; MANHATTAN CONSTRUCTt LUMP SLIM 11MP SUM 518,488,465.00 518,830,155.00 519,295,807.65 5554,653.96 5564,904.65 5578,874.23 519,043,118.96 519.395,059.65 519,874,681.88 $ 51,285,877 0( 50.0( 56,900,616.01 5243,089.0( 5569,359.0( 51,425.0( 5865,945.0( 5656,729.0( S778,692.0( 5398,139.0( 5330, 532.0( 553,25601 50.01 5330,991.01 5369,372.0( 5694,533.01 5460,978.01: 51.561, 729.0( 50.01 52,948.804.0( 596,934 0( -,:41% 8,547,000.0E COMPANY LLC Roy Anderson Corp LUMP SUM (or - tions I.UMP SUM >1'Js 1:34,1JIe-UV 519.708,03658 $4444i40414.44 5591,241.10 20,299,277.68 3% Contingency was incorrectly subtracted from base bid of 519, 708,036 58 making the base bid 519,134,016.09 making the base bid incorrect and then making the rest of the totals incorrect, 3% Contingency should have been added to base bid of 519 708.036.58 making the grand total 520,299,277.68 S18.547,000.01 S556,410 0( $19,103,410.00 Compliance with Anti -Human Trafficking Laws Pursuant to Section 787.06 (13), Florida Statutes, this form must be completed by an officer or representative of a non-governmental entity when a contract is executed, renewed, or extended between the non-governmental entity and the City of Clearwater. The undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. The undersigned is authorized to execute this form on behalf of Entity. Date: July 28 , 20 25 Signed: Entity: Creative Contractors, Inc. Name: Joshua Bomstein Title: CEO & President SCRUTINIZED COMPANIES FORMS 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 Ust, 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 Ust, or engaged in business operations in Cuba and Syria. 6,11V4 ed bignature Joshua Bornstein Printed Name CEO & President Title Creative Contractors, Inc. Name of Entity/Corporation STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me by means of 0 physical presence or ® online notarization on, this 28th , day of Jutv , 20 25 , by Joshua Bornstein (name of person whose signature is being notarized) as the CEO & President (title) of Creative Contractors. Inc. (narne of corporation/entity), personally known x , or produced (type of identification) as identification, and who did/did not take an oath. My Commission Expires: NOTARY SEAL ABOVE gird./ 420;ate Notary Public Printed Name SCRUTINIZED COMPANIES FORMS 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 eiglble 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 Israer or `boycott of Israel' means refusing to deal, terminating business activities, or taking other actions to limit comme.tial 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. orized Signature Joshua Bornstein Printed Name CEO & President Title Creative Contractors. Inc. Name of Entity/Corporation STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me by means of 0 physical presence or ® online notarization on, this 28th , day of Julv , 20_, by Joshua Bomstein (name of person whose signature is being notarized) as the CEO & President (title) of Creative Contractors. Inc. (name of corporation/entity), personally known x or produced (type of identification) as identification, and who did/did not take an oath. My Commission Expires: NOTARY SEAL ABOVE f4if/ 4F4., Notary Public Printed Name