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PROPOSAL AND AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGERImagine Clearwater Bandshell Canopy Water Management - Proposal to Add Gutters at Tail Section of Canopy Gaps above Bandshell Building Stage Clearwater, FL Proposal Pkg Package Description Order Of Magnitude SKANSKA May 1, 2026 Notes A Gutter (including gutter, support, liner, painting) $496,000 p Birdair proposal dated 8/1/25 to extend the canopy tail I gutters over stage otal: Cost of Work $496,000 Construction Contingency Skanska General Conditions Skanska General Requirements (temp fencing for storage area / equipment / Dumpsters) Sub Bonds / Subcontractor Default Insurance (SDI) Building Permit Misc Permits/Fees (LDP, Tap Fees, Etc.) GLI Melees Risk Skanska P&P Bond (allowance to be at Cost) 4.00% Lump Sum Allowance 1.75% By City n/a 1.30% By City 0.47% $19,840 $99200 Skanskakksupervision as needed limited to 12 weeks of field $25,000 $8,680 By City Cost by City; submission by CPH n/a By City $9,022.72 On Total Cost of Construction By City $3,262.06 Allowance Fee 5.00% $33,050.24 otal: Construction Costs ' Qualifications Does not Include any added downspouts or UG piping as Stantecs original responses and now CPH's responses provided by City indicate existing downspout and piping remains adequates See Blydalr proposal and qualifications Included In Skanska's proposal. Anticipates up to 10 weeks of field installation work following 20 weeks of engineering, submittals / approvals, fabrication and shipping; 40hrs / wk during normal working hours for Installation. Modifications to this would require pricing modifications. Coordination of adjacent storage area for lifts / equipment to be coordinated with City. Space requirements would be 100'x100' for staging equipment 1 storage nightly. Payment Requirements - 40% Down Payment following contract, 30% at completion of fabrication prior to shipment to site, 10% at mobilization, 20% at substantial completion $694,055 Proposal only good for 30 days Proposal: The Sound Amphitheater, Extended Stage Gutter Date: 8/1/25 Owner: City of Clearwater PROPOSAL: Birdair, Inc. presents to the City of Clearwater this proposal to detail, supply, and install an extended gutter system to complete the stage perimeter of the amphitheater at The Sound project located in Clearwater, FL. The engineering and sizing of the gutter to have sufficient capacity for waterflow management due to any given design storm is specifically excluded by Birdair and the responsibility of other to indicate to Birdair. This proposal is for a gutter of similar size and detailing to the existing gutter at the stage. Our change order price is: FOUR HUNDRED NINTY SIX THOUSAND U.S. DOLLARS $496,000.00 This proposal is valid for thirty (30) days Accepted: By: By: Name: Title: Title: Date: Date: Birdair, Inc. 6461 Main Street Amherst, NY 14221 USA Phone: 716-633-9500 Fax: 716-204-1234 www.birdair.com ATAOD tOGYOCQWart Specialty Contracting For Tensile Architecture BASIS OF PROPOSAL Birdair, Inc., will detail, supply and install a gutter system of similar detailing and construction to the existing stage gutter to extend said stage gutter around the full perimeter of the stage. The proposed gutter is per the approved sizing provided by Stantec after their hydraulic / hydrologic studies / drainage studies. In general, the gutter: • Is comprised of a sheet metal gutter 22 -gauge, 1'-0" wide, Kynar Coated White • Is supported by steel clips, plates, and angles to the primary steel perimeter truss, all painted white • May require welding on site. Birdair has included what we feel is a sufficient amount of plywood and fire blanket protection in this proposal. However, the work area is very high and windbome steel grinding dust and weld splatter may migrate to remote regions of the adjacent roof and stage below. Birdair specifically excludes any and all cost to remediate any and all roofing, stage covering, mechanical equipment, stage equipment that may be necessarily impacted by the installation processes of Birdair or it's subcontractors. • Is lined with PVC roofing membrane 45 mill Fibertite for watertightness. • Is segmented in straight sections to approximate the curve of the amphitheater • Follows the elevation of the perimeter truss with no accommodation to maintain any specific designed slope(s). • Is to be installed nominally level to maximize the depth of the gutter (installing to a slope would require reducing the possible depth of the gutter) • Receives water directed to it by a PTFE fabric closure with aluminum termination bar to the gutter itself The sketch below defines the re • ions of gutter to be added via this • ro • osal: SP at to eau 'E SEAM Birdair, Inc. 6461 Main Street Amherst, NY 14221 USA Phone: 716633-9500 Fax: 716204.1234 www.hlydair.com A TAIYB ro6m COMPANY 16ThjaPjaUf SEE OWG 13104 Specialty Contracting For Tensile Architecture The following items are included: 1. Detailing, Modeling and Shop drawings of gutter support structure, attachments to primary steel, and sheet metal per Stantec engineered design. 2. Sheet metal, termination bars, hardware PTFE fabric closure, PVC roofing membrane, plates, and accessories 3. Installation of all components included in the scope of supply. 4. Sales taxes as required by state law. 5. One (1) mobilization/demobilization of labor equipment and materials. 6. We require the ability to perform all work sequentially, continuously, and without interruption. 7. We will require a lay -down area (no less than 100 ft. x 100 ft.) on site (if Birdair provides steel than the lay -down area will increase in size based upon steel sizes), to store equipment and materials in one location for the duration of our work. 8. We will require access to the immediate work area, specifically for equipment access, as may be required during the installation process. We anticipate that the following will be among the equipment utilized; Man Lifts, Fork Lifts and a Medium sized Hydraulic Crane. 9. Installation labor is based on a forty (40) hour workweek. Work will be performed in eight (8) hour shifts during normal daytime working hours. We have not allowed for any premium time beyond these hours. 10. Our price assumes that water and no less than 100 amp power (120/240 volt) will be provided at no cost, to within 50 feet of our membrane work area including no less than eight (8) 20 amp dedicated single outlets for Birdair s use at each location. 11. Any Punch lists must be issued prior to our demobilization to avoid additional costs. 12. We have not included the cost for any signage, temporary barricades or traffic control. 13. We have not included costs for Builders' Risk Insurance. We will require that Birdair, Inc. be named as an insured under the policies provided by either the owner or general contractor and that Birdair will have no exposure to deductible amounts on any policies. The following items are excluded from the budget pricing: 14. Any downspouts. We understand no new downspouts are part of the design 15. Any and all cost to remediate any and all roofing, stage covering, mechanical equipment, stage equipment that may be necessarily impacted by the installation processes of Birdair or it's subcontractors, including dust and debris generated in the welding and grinding processes. 16. Repair to any concrete, landscaping, hardscaping, or softscaping caused by the 150ft telescoping boom lifts. Prior to mobilization, the City will need to confirm the necessary travel paths for the 150ft boom lifts are structurally sufficient to support the load prior to the Birdair agreeing to operate the equipment. 17. Engineering of any and all mechanical, electrical, lighting and lightning protection systems, components or their attachment to our work. 18. Any systems or materials intended for use as a walkable surface. The gutter is specifically understood NOT to be a means of personnel access. The gutter will not be detailed, fabricated, or installed to resist foot traffic. Use of the gutter for personnel traffic may damage the PVC liner membrane and void applicable warranties. Other parts of the system subject to damage include but are not limited to the PTFE closure flap, sheet metal, connections, and welds. 19. Building Permits, special licensing or other fees. 20. Any and all hydraulic / hydrologic analysis', drainage studies, roof drainage checks, sizing and/or determination of gutter and downspout capacity, design and locating of downspouts, gutter and Birdair, Inc. 6461 Main Street Amherst, NY 14221 USA Phone: 716-633-95® Fax:716-204.1234 www,birdah.com ATAn8 KO= COMPANY Specialty Contracting For Tensile Architecture downspout material finish selections, determination of any minimum/maximum slopes, runoff quantities, 21. Any and all guarantees of gutter performance and the prevention of 'overflow' events or clogging at any part of the gutter system. 22. Any ponding analysis to determine the possibility of or resistance to progressive ponding failure of the main PTFE roofing system. 23. Stainless Steel and Aluminum Gutter Materials 24. P.E. Stamped Drawings Schedule: Our proposal is based on the following schedule: 1. Initial submittal of shop drawings, approximately six (6) weeks after receipt of fully executed contract. 2. Approval of all submittals, by the Architect, is to occur within two (2) weeks of our submittal. 3. Submittal of final shop drawings will occur approximately four (4) weeks after the architect's review. 4. Fabrication of all components will take approximately six (6) weeks after approval of drawings for fabrication. 5. Shipment from the point(s) of fabrication to the project site will take approximately two (2) weeks after completion of fabrication. 6. Installation will take approximately six (6) weeks. The milestones noted here are approximate, and are subject to change in the event that project or other conditions necessitate adjustment. Commercial Terms: We will require the following progress Payments: 1. 40% Down -Payment due upon execution of contract or notice to proceed. 2. 30% Due upon completion of fabrication, prior to shipment of materials. 3. 10% Due upon mobilization 4. 20% Due upon substantial completion Clarifications and Qualifications: 1. This proposal shall bind Birdair, Inc. only after acceptance by the purchaser and approval and acceptance by Birdair, Inc. 2. We have based this proposal on the prices established by the Metals Industry standard pricing Index. Due to the current market conditions and volatility of metals pricing, we cannot guarantee pricing beyond those quoted as of the date of this proposal. For any increase in raw material cost above the aforementioned industry pricing indexes, Birdair will be compensated for the actual escalation cost associated with the materials pricing. 3. We specifically exclude liquidated damages and consequential damages. 4. We exclude all Payment and Performance bonds. 5. Standard Insurance coverage is included in our proposal. Special terms or coverage, such as Primary Wording, may result in additional charges. 6. This proposal is based on Birdair's Terms and Conditions attached herein and anticipates the acceptance of the proposal in its entirety, or the execution of a contract using the terms of AIA Document A401. Birdalr, Inc. 6461 Main Street Amherst, NY 14221 USA Phone: 716-6334500 Fax: 716-200-1234 www.hirdair.com A TMD OM COMPANY Specialty Contracting For Tensile Architecture •0000o0000000g000000000000aoa0ood011060ooce0000noovoaod0000ba0000 ton°dbo " 000000000000000000000000000000000000000000000000000000000000000000000 0000000000000. b 0000000000000000000q 000000000000000000m 00000000000000000 •o0n0o0oo0oo0o Gbbooto0000000000000bao0b0000000ooa000000l0000000boo00aa0000o 000000000000000000000000000000000000000000000000000000000000000000000000 oon000000a000000000000000bo00000a0000aooao0o0goftaob000ba00000goabu0ao0pon 11 x%'11 Q SJ . • DOOM LI.F,T TELESCCPICC lLLTRA BOOM ` platform Height: 150 -ft / 45.7-m re . ..• Drive Speed ' 30 'mph /48km/h `„ 1 Horizontal outreach. •80ft/2438m• ,Platform Capacity -,;1000 Ib1454 kg}Restricted `/ :..500 -Ib / 227 -kg' -Unrestricted Experience greater.workenvelope • flexibility and additional outreach at elevation with telescoping lib:; '• Carry everything you need right to - the jab with dua11,000-Ib restricted 1. and 500 -lb unrestdrtedcapaeties for maximum productivity., ' •:Cesigned for ease of transport with no oversized load perp it needed. 'lover -weight permit required for " highway transportation) Single sensor Thad sensing system. •.feature 'fewer parts and requires no weighttoralibrate. - ACCESSORIES & OPTIONS STANDARD SPECIFICATIONS Performance Platform Height Horizontal Outreach Swing Platform Capacity (Restricted) Platform Capacity (Unrestricted) Platform Rotator lib length (Retracted) Jib Length (Extended) Jib Range of Articulation Weight` Max. Ground Bearing Pressure Drive Speed Gradeability Tilt Cut Out Turning Radius (Inside): Axles (Retracted/Extended) Turning Radius (Outside): Axles (Retracted/Extended) Engine 150 -ft / 45,7-m 80 -ft / 24.38-m 360 Degrees Continuous 1,000 -lb / 454 -kg 500 -Ib / 227 -kg 180 Degrees Hydraulic 15 -ft 2 -in / 4.62-m 25 -ft / 7.62-m 120 Degrees (+75, -45) 48,000 -Ib / 21,772 -kg 113 psi / 294 kg/cm2 3.0 mph /4.8 km/h 40% 4 Degrees 14 -ft 5 -in (4.39-m) / 8 -ft (244-m) 22 -ft 6 -in (6.86-m) /19 -ft 4 -in (5.89-m) Diesel Engine- DeutzTD2.9L4Tier4 final Fuel Tank Capacity Tires 74.2 hp / 554 kW 31gal /117.35 L Standard Hydraulic System 445/500710 Foam -filled Capacity 55 gal / 208.2 L 1 STANDARD FEATURES - Accessory Packages: • SkyWelder Package - SkyPower° Package - SkyGlazier° Package • Additional Platform Options - Fall Arrest, Rear Entry -36 x 96 -in - Drop Bar - 30 x 36 -in, 30 x 48 -in, 36 x 72 -In, 36 x 96 -In • Inward Self -Closing Swing Gate - 30 x 48 -in, 36 x 72 -in, 36 x 96 -in - Tri -Entry, Drop Bar -36x72-in, 36x96 -in • Tri -Entry, Swing Gate - 36 x 72 -in, 36 x 96 -in • Amber Beacon • Ambient White Noise Alarm • Bolt On Fall Attest System ClearSkyr° Telematics • Cold Package Plus' • Cold Weather Start Kit2 • Hostile Environment Kit' - light Package' • Platform Mesh, Bolt On - Mesh to Top Rall, Plastic or Aluminum • Mesh to Mid Rail, Plastic or Aluminum SkySensee Enhanced Detection System • Soft Touch System • Special Hydraulic Oils - Platform Storage Tray, Center or Comer • 12V -DC Auxiliary Power - 173 Degrees Hydraulic Platform Rotator 3 Selectable Steering Modes AC Receptacle in Platform - AU Motion Alarm Control ADE° System - Drive -Out Extendable Axles - Engine Distress Warning/ Shutdown—Selectable via JLG Analyzer • Full -Time 4WD • Glow Plugs - Gull -Wing Steel Hoods - Hourmeter • Lifting/Tie Down Lugs ▪ Load Sensing System ▪ LCD Panel at Operator's Platform Control Console - Platform 36 x 96 -in (.91x 2.44-m) Side Entry - Proportional Controls - Platform Console Machine Status Light Panel` • Selectable Capacity Envelope • Swing -Out Engine Tray - SkyGuard Skyline' - Tilt Light and Alarm l.lncludes extreme aH engine o4 fuel condition% engine block heater, battery bbnket glow plugs, hydraulic tank heater, and oversized footswnth. /Includes battery heater and oil tank heater. 1 Includes console cave` boom wipers and cylinder bellows. 4Includes phtfokm work fights, head and tail lights, amber beacon 'Provides indicator fights at phtfonm control console for system distress, fuel levet low het 5 degree tilt fight and foot switch status. Additional accessories and options aval bble via 11.6 Aftermarket 00000oO00000a000aooaaooaoaooa0000aoaaaoa00000ao0000t3ooao0bb000000ooba 000000oo0oo0oa 00000000000000000000000,000000000000k0000000000'O o wa0000a00 000000000000o00000000000000000000000000000000ncaoOODOCOda0000000Oaaoaoao 0000000000000000000000000000000000000000000000 b 00000 b 00000000000004”0000\ 000000000000000000000000000n 0000000000000000000M Q000000000oqp 000000 80000' 00000000000000000cou00000000a0000a000000o0000aoodobodao000&d-0n0ooaaa0oaoo 11oTSJ TELESCOPIC ULTRA BOOM • BOOM LIFT DIMENSIONS REACH DIAGRAM All dimensions are approximate A� J a B. C. 0. E. F. G. H. J. Platform Width Platform Length Machine Width - Axles Extended Machine Width -Axles Retracted Tailswing Machine Height Machine Length -Stowed Machine Length - Overall Wheelbase Ground Clearance SNE JLC (1a5) 4 AR ASIC Part No.3131044 1 R0323 05 36 -in / 91 -cm 96 -in / 2.44-m 12 -ft 6 -in / 3.81-m 8 -ft 2 -in / 2.49-m 5 -ft 6 -in / 1.67-m 10 -ft / 3.05-m 43 -ft / 13.11-m 61 -ft 9 -In / 18.81-m 12 -ft 6 -in / 3.81-m 12 -in / 30 -cm - Axle 25.5 -in / 65 -cm - Chassis We provide coverage for one (1) full year, and cover all specified major structural components for five (5) years. Due to continuous product improvements, we reserve the right to make specification and/or equipment changes without prior notification. This machine meets or exceeds applicable ANSI and CSA requirements based on machine configuration as originally manufactured for intended applications. Please reference the serial number plate on the machine for additional information. 160 -ft (408-m] 140 -ft (42.7m1 120 -ft (3a6 -m] 100 -ft laos-m] B0 -ft (24.4-m1 60 -ft Ilei -m] 40 -ft (122-m1 20 -ft (01-0] 0 -ft lo -ml 0 -ft 20 -ft 40 -ft 60 -ft 60 -ft 100 -ft land 113.1-e1 1122m] [189-m] (24.4-m] (30.5-111 JAC JLO INDUSTRIES, INC. Tall -free US 077-JLG-LIFT JLG.com An Oshkosh Corporation Company AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER This AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER is to allow Construction Manager to proceed with the work necessary to extend and add gutters at the west tail section of the canopy, limited to the portion over the bandshell building and install trench drains at the project (the " Gutter and Drain Amendment") is made and entered into on the date fully executed below by and between THE CITY OF CLEARWATER ("Owner") and SKANSKA USA BUILDING INC. ("Construction Manager") (Owner and Construction Manager shall be referred to as the "Parties" when referred to collectively). RECITALS WHEREAS, Owner and Construction Manager entered into that certain Agreement Between Owner and Construction Manager with an effective date of December 19., 2019 (RFP #52-19 Imagine Clearwater)(the "Agreement"), whereby Construction Managerwas engaged to perform certain services for the Imagine Clearwater project the "Project"), now known as Coachman Park, which includes the Sound Amphitheatre; WHEREAS, after completion and opening of the Project, Owner raised questions about the sufficiency of the gutters around the amphitheater roof at the Sound music venue and about the sufficiency of drainage around the music venue; WHEREAS, after exploring the history of the Project the City determined it would be beneficial to install additional gutter's and trench drains, as contemplated by this Gutter and Drain Amendment. WHEREAS, at the. City's request, Skanska provided proposals to perform the additional work discussed herein; WHEREAS, the City wishes to approve Skanska's proposals and move forwarded with the additional work under the terms of the existing Agreement; NOW THEREFORE, in consideration of the mutual.covenants provided herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, each of Owner and Construction Manager agree to amend the Agreement as follows: 1. Recitals and Existing Terms. The recitals above are true and correct and are incorporated into this Gutter and Drain Amendment by this reference. This work will be performed under the existing terms of the Agreement. 2. Approval of Additional Work. (a)' The City approves Construction Manager's proposal to add additional tail gutters as described more fully in Exhibit "A". (b) The City approves Construction Manager's proposal to addtrench drains as discussed more fully in Exhibit "B". 3. Capitalized Terms. All capitalized terms used herein but not defined herein shall have the meaning ascribed thereto in the Agreement. 4. Substantial Completion. This work is being performed after the Substantial Completion of the Project as "day 2" work and nothing herein is intended to modify or alter the Substantial Completion datefor the Project which was established on or about June 27, 2023. 5. Counterparts. This First Amendment may be executed in multiple counterparts, each of whichshall be deemed an original, but all of which, together, shall constitute but one and the same instrument. To the extent permissible under Florida law, a facsimile/electronically (i.e., via email) transmitted signature shall be deemed to constitute an original signature for the purposes of this First Amendment and an electronic signature hereto will have the same force and effect as a manual signature. 6. Severability of Provisions. The provisions of this First Amendment are severable, and if any provision, or any portion thereof, is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, any remaining portions of that provision, and all other provisions of this First Amendment, shall remain valid and enforceable to the fullest extent permitted by law and equity in order to give effect to the parties' intentions under this First Amendment. 7. Builder's Risk. Owner will provide course of construction coverage through its existing, master property policy for the scope of work to be performedunder this Amendment. This coverage shall be equivalent to thecoverage required in the Contract Documents or Owner will be responsible for the cost of any damage that would be covered by the builder's risk insurance specified in the Contract Document that is not covered by the course of construction coverage. Construction Manager's` responsibility for any deductibles is limited to $10,000 per occurrence and Construction Manager will be responsible only if Construction Manager or one of its subcontractors is responsible for causingthe claim. [SIGNATURE PAGE FOLLOWS] 2 IN WITNESS WHEREOF, Owner and Construction Manager have hereunto set their hands and seals as of the day and year first above written. Approved as to form and legality: OWNER: City of Clearwater By: Date: CONSTRUCTION MANAGER: SKANSKA USA BUILDING INC. BY: b �v\ Name: L In a r yj da -,S (a n) Title: _Sro hit Utce.IRecSicor Date: �1'� 2a5 3 Bruce Re Mayor Approved as to form: Melissa Isabel Assistant City Attorney 5 By: Jennifei"Poiffier City Manager Attest: Rosemarie Call City Clerk