City of St Pete Beach Request for Proposal

Historic Shuffleboard Clubhouse Replacement

Timeline Date Time Publication of Bid 05/06/2026 8:00 AM Pre-Bid Meeting 05/13/2026 10:00 AM

Deadline for Question Submission 05/20/2026 10:00 AM Submittal Deadline electronically via Bonfire 06/03/2026 9:00 AM Submittal Opening 06/03/2026 10:00 AM

Submittals are due on or before 06/03/2026 at 9:00 AM EST

Electronically Via Bonfire Only

TABLE OF CONTENTS

I. INVITATION

II. SCOPE OF WORK AND SPECIFICATIONS

III. BID FORM

IV. GENERAL CONTRACT TERMS

V. REFERENCES & MINIMUM QUALIFICATIONS

VI. PROPOSER’S PROPOSAL SUBMITTAL

VII. PUBLIC ENTITY CRIMINAL AFFIDAVIT

VIII. NON-COLLUSION AFFADAVIT

I. INVITATION

The City of St Pete Beach has issued this Request for Proposal (RFP) to solicit competitive bids and proposals from Proposers for Historic Shuffleboard Clubhouse Replacement.

The City of Saint Pete Beach (“City”) is seeking qualified Proposers to provide design, permitting and construction services for the replacement of the Shuffleboard Clubhouse (“Project Site”). The Project Site was impacted by Hurricane Helene on September 26th, 2024 and by Hurricane Milton on October 9th, 2024. The Project Site is located south of 10th Avenue and west of Pass-a-Grille Way at 101 9th Avenue in Saint Pete Beach, Florida. The structure was nationally registered as historic. The project aims to restore the Project Site’s historical character, support shuffleboard recreation, accommodate passive park and small community gatherings, ensure public safety, and comply with all applicable local, state, and federal regulations.

The selected Proposer shall be responsible for all aspects of the project, including but not limited to design, permitting, construction, quality control, and project management. The project scope will be finalized with the selected Proposer.

CONTACT INFORMATION

Procurement Manager – Sara Spain Email – purchasing@stpetebeach.org

II. SCOPE OF WORK AND SPECIFICATIONS

SCOPE OF WORK

The selected Proposer shall be responsible for all aspects of the project, including but not limited to design, permitting, construction, quality control, and project management. The project scope will be finalized with the selected Proposer and may include but is not limited to the list below.

Historic Shuffleboard Clubhouse replacement criteria (example rendering included for reference only):

• Shade/structure: modest, wet flood-proofed open-air pavilion or pergola-style structure within similar footprint as previous structure

• Secure storage: lockable, waterproof storage for shuffleboard equipment and maintenance tools

• Utilities: lighting (LED or solar preferred), electricity, water access (bubbler faucet, or similar)

• Restrooms (proposal alternate): one restroom

General Requirements:

• Design Services: Provide all necessary engineering, architectural and environmental analysis to inform the design. Prepare detailed plans and specifications for review and approval by the City.

• Permitting: Obtain all required permits prior to commencing work.

• Construction: Execute all construction activities in accordance with approved designs, industry standards, and safety regulations. Provide quality control and assurance to ensure performance of repairs.

• Environmental Protection: Implement measures to minimize environmental impact, including erosion control, sediment management, and protection of local wildlife or habitats.

• Project Schedule: Submit a detailed project schedule with milestones for design, permitting, and construction phases. Selected Proposer will endeavor to advance schedule to minimize impacts to public use and businesses.

• Coordination: Coordinate with utility providers, and other stakeholders, permitting agencies, and the City to address stakeholder needs as approved by the City.

• Warranty: Provide a warranty for all work performed, guaranteeing materials and workmanship for a minimum of 5 years.

Proposer shall furnish all materials and equipment necessary to secure completion of the work. Proposer will be compensated according to the quote submitted. Proposer shall include all costs, including but not limited to construction stakeout, mobilization, maintenance of traffic, erosion control, utility relocations, record survey, etc.

Once a contract is awarded, the selected vendor will be required to submit a detailed fee schedule outlining the main pay items for the project. This fee schedule will be reviewed at the pre-construction meeting and will be used to review pay applications and evaluate project progress.

SPECIFICATIONS

The Proposer shall carefully examine the Project Site and be familiar with the work required for the project. Investigate all site conditions that may affect execution of the work as detailed in the proposal documents. Contact the City's Public Services Department for changes or alterations before proceeding.

Proposer is responsible for field measurement and review of existing conditions.

• Proposer is responsible for all utility locates through Sunshine One-Call.

• Site and surrounding properties must be kept free of debris and thoroughly cleaned upon completion.

• All work to be completed within City Property or City Right-Of-Way, City Easements, or temporary construction easements.

• Equipment left on site must be approved by the Public Services Department.

• Barricades, cones, and/ or traffic control activities, ALL MOT requirements are the responsibility of the Proposer. Public Notification (via door hanger or mailings) are the responsibility of the Proposer.

• Standard work hours shall be from 7 AM until 7 PM, Monday through Saturday. No work shall take place on Sundays or on official City holidays without prior approval by the City Manager or designee at least 1 week prior to the scheduled work. A list of current official City holidays can be found on the City's Human Resources website. Proposer will coordinate scheduling of work with the City's Project Manager and City's Inspector.

ADDITIONAL WORK DETAILS

Proposers or persons wishing to submit a proposal on this project are licensed, bondable and insured in accordance to the City's requirements. The Proposer will furnish all necessary labor, materials, tools, equipment and supplies to complete the scope of work. Proposal must also include all costs for licenses and any material disposal fees.

Proposers shall bring questions, discrepancies, omissions, conflicts or doubt as to meaning of any part of Contract Documents to the attention of the City of St Pete Beach Procurement Manager at least ten (10) business days before proposal submittal deadline. Clarification of intent of Contract Documents, if necessary, shall be made available to proposers in the form of an Addendum. Failure to request clarification of interpretation of Contract Documents shall not relieve proposers of their responsibilities to perform the work.

The City of St. Pete Beach reserves the right to reject any or all proposals or parts of proposals, or accept any proposal or part thereof deemed to be in the best interests to the City of St. Pete Beach.

The existing shuffleboard clubhouse structure (429 sq. ft., 33-ft x 13-ft overall dimensions) has been demolished. The City’s total budget available for the replacement structure project is $170,000.00.

STATEMENT OF WORK

The Proposer shall furnish and pay the cost, including sales tax and all other applicable taxes, licenses and fees, of all the necessary materials not furnished by the City and shall furnish and pay for all the superintendence, labor, tools, equipment, transportation, and perform all the work required for the execution of all services listed in the Proposal attached hereto and in strict accordance with the Plans, Specifications, and requirements of the City of St. Pete Beach which are attached hereto and made a part hereof, and any amendments thereto and such supplemental Plans and Specifications which may hereafter be approved.

BEGINNING DATE

The Proposer shall, within ten (10) business days after receipt of the Notice of Award and before commencement of any operations hereunder, execute the Agreement. Additionally, the Proposer shall, within twenty (20) business days after receipt of the Notice of Award, provide all required documentation to the City. The Proposer must commence construction activities within thirty (30) business days of NTP to prepare and procure materials. Any change to the start date or the work schedule included with this proposal must be submitted in writing to and approved by the City Manager or designee.

COMPLETION DATE

The work will be completed and ready for final inspection within 120 calendar days from start of the project. The project shall be considered eligible for final acceptance by the City when all required work to be performed as outlined in this Agreement is complete and accepted by the City.

REFERENCES & MINIMUM QUALIFICATIONS

Provide at least three (3) or more professional, business references with which you have contracted to provide similar services in the past five (5) years. Include the name of the person, its organization and telephone number, fax number, and e-mail address. Include any governmental agencies, with the same contact and descriptive information for which you have provided similar service within the past five (5) years.

Provide a brief description of the history and capabilities of the firm. Describe the types of projects or services the firm performs/has performed and the dollar value of each. Provide information regarding your firm's ability to complete this project. Demonstrate that the firm's personnel have experience with similar projects.

Identify all unresolved and ongoing claims and disputes against your firm in excess of $500,000. Include any claims against the principals of your firm or any claims your company may have against a third party.

Provide a history of litigation, including the outcomes, for the past five (5) years.

The responding firm shall provide a statement of assurance that the firm is not presently in violations of any statutes or regulatory rules that might have an impact on the firm's operations. All applicable laws and regulations of the State of Florida and ordinances and regulations of the City of St. Pete Beach will apply.

Provide the overall bonding capacity for the company and provide a history of any claims against the proposer's previous bonds for the past five (5) years.

The City shall be the sole final judge of qualifications of proposer to perform service and reserves the exclusive right to accept or reject any proposal as it deems to be in the best interests of the City. The City reserves the right to make such investigation, as it deems necessary, to determine the ability of any proposer to perform the work or service requested. Failure to comply with the requirements of this section may be grounds for rejecting a response.

DELIVERABLES

• Preliminary and final design drawings and specifications.

• Permitting documentation and approvals.

• Construction progress reports and as-built survey.

• Final project completion report, including warranty information.

PERFORMANCE STANDARDS

• All work shall conform to applicable codes, standards, and best practices, including but not limited to ASTM, ACI, FBC, FDEP (SWFWMD), FDOT, FEMA, and local building codes.

EVALUATION CRITERIA (25 POINTS AVAILABLE)

• Ability, capacity and skill of the proposer to perform the contract (10 points)

• Cost of the services provided (5 points)

• Performance of previous contracts or references (5 points)

• Years in business (5 points)

ATTACHMENTS – SEE END OF DOCUMENT

• Example Pavillion Site Diagrams, NJM Architect, 2026

III. BID FORM

Historic Shuffleboard Clubhouse Replacement

COMPANY NAME ____________________________________________

BASE PROPOSAL $ ____________________

PROPOSAL ALTERNATE $ ____________________

CONTINGENCY (10%) $ ____________________

TOTAL PROPOSAL PRICE $ ____________________

Comments regarding proposal:

IV. GENERAL CONTRACT TERMS

REQUEST FOR PROPOSALS

Historic Shuffleboard Clubhouse Replacement

REQUEST FOR PROPOSAL SUMMARY

The City of St Pete Beach has issued this Request for Proposal (RFP) to solicit competitive bids and proposals from Proposers for Historic Shuffleboard Clubhouse Replacement.

The successful bidder shall furnish all materials and equipment necessary to secure completion of the work.

Proposer will be compensated according to the quote submitted. Proposer shall include all costs, including but not limited to construction stakeout, mobilization, maintenance of traffic, erosion control, utility relocations, record survey, etc. The selected vendor will be required to submit a detailed fee schedule outlining the main pay items for the project. This fee schedule will be reviewed at the pre-construction meeting and will be used to review pay applications and evaluate project progress.

PROPOSAL SUBMITTALS

Proposal documents must include a signed/notarized Proposer’s Proposal Submittal, Bid Form, References, Proposer’s license and insurance certificates, and Public Entity Criminal Affidavit. The Proposer shall submit electronic proposals only. Bidders must submit electronically only through Bonfire platform. When bidding electronically, only one copy should be submitted.

Proposals shall include the following:

• A completed Bid Form.

• A list of references and minimum qualifications as outlined in Section V.

• A signed and notarized Proposer’s Contract Proposal.

• A signed and notarized Public Entity Criminal Affidavit.

• A signed and notarized Non-Collusion Affidavit.

• Current proof of insurance certificate

• A letter from the surety company stating the contractor is bondable up to $10,000 and upon activation following a disaster event a performance bond will be issued.

• One copy of bid electronically submitted to Bonfire platform.

The City is not responsible for any Addendums or other supplementary information that is not received due to non-submittal of the aforementioned information. Please refer back to the city website (http://www.stpetebeach.org/news-and-links/city-projects.html) for additional project information as it becomes available. The City reserves the right to decide whether to answer addendums or not. The City is not required to provide any additional information.

Proposers or persons wishing to submit a proposal on this project shall be licensed, and insured in accordance with the City’s requirements

The City of St. Pete Beach reserves the right to reject any or all proposals or parts of proposals, or accept any proposal or part thereof deemed to be in the best interests to the City of St. Pete Beach.

Electronic proposals must be submitted by 9:00 AM on June 03, 2026 (Deadline), clearly marked as:

“Historic Shuffleboard Clubhouse Replacement.”

EVALUATION CRITERIA

The evaluation criteria define the factors that will be used by an Evaluation Committee to evaluate responsible and qualified proposals. Proposers shall include sufficient information to allow the Evaluation Committee to thoroughly evaluate their proposals. The contract will be awarded to the proposer who is http://www.stpetebeach.org/news-and-links/city-projects.html determined to be the most advantageous for the City.

The following criteria will be considered in the evaluation of the proposal:

• Ability, capacity and skill of the proposer to perform the contract (10 points)

• Cost of the services provided (5 points)

• Performance of previous contracts or references (5 points)

• Years in business (5 points)

• Any other factors determined to be pertinent at the discretion of the Evaluation Committee

PRE-BID MEETING

An optional pre-bid meeting will be held on May 13, 2026 at 10:00 AM EST via Microsoft Teams conference/Teleconference via the following link:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/236672948988798?p=V6C4SxCTa1F0955kv1 Meeting ID: 236 672 948 988 798 Passcode: q6Bn7b4M

Please contact the City’s Procurement Manager (purchasing@stpetebeach.org) for a meeting invitation and instructions if assistance is required.

WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS

No oral interpretations will be made to any firms as to the meaning of the scope of work or any other contract documents included in this RFP. All questions pertaining to the terms and conditions or scope of work of this Request for Proposal (RFP) must be sent in writing via email only to the City Procurement Manager (purchasing@stpetebeach.org) and shall be received no later than 10:00 AM EST on May 20, 2026. Responses to questions may be handled as an Addendum if the response would provide clarification to the requirements of the RFP. All such Addenda shall become a part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. The City will not respond to questions received after the specified deadline.

The City reserves the right to respond to any and all questions but is not required to do so. If the Proposer discovered the opportunity through the online platform (Bonfire), do not submit questions through these platforms. Only questions emailed directly to the City Procurement Manager will be answered.

RELATED PARTIES AND MULTIPLE PROPOSALS

Where two (2) or more related parties each submit a proposal or multiple proposals are received from (1) Proposer, for any such contract, such proposals shall be judged non-responsive. Related parties mean Proposers or the principles thereof, which have a direct or indirect ownership interest in another Proposer for the same contract or in which a parent company or the principles thereof where one (1) Proposer has a direct ownership interest in another Proposer for the same contract.

LATE PROPOSAL OR MODIFICATIONS

Modifications in writing received prior to the time set for the proposal submittal will be accepted.

Proposal modifications received after the time set for the proposal submittal will not be considered.

SUBMITTAL WITHDRAWAL

After submittals are opened, corrections or modifications to submittals are not permitted, but a responding firm may be permitted to withdraw an erroneous submittal prior to the award by the City Commission, if the following is established:

• That the responding firm acted in good faith in submitting the submittal;

• That in preparing the submittal there was an error of such magnitude that enforcement of the https://teams.microsoft.com/meet/236672948988798?p=V6C4SxCTa1F0955kv1 mailto:purchasing@stpetebeach.org submittal would work severe hardship upon the respondent;

• That the error was not the result of gross negligence or willful inattention on the part of the respondent;

• That the error was discovered and communicated to the City within twenty-four (24) hours of submittal opening, along with a request for permission to withdraw the submittal; or

• The responding firm submits documentation and an explanation of how the error was made.

COSTS INCURRED BY PROPOSERS

All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposers. No payment will be made for any responses received or for any other effort required of or made by; the Proposer’s prior to contract commencement.

ORAL PRESENTATION

The City may require an oral presentation of the proposal at the Evaluation Committee’s discretion. This could also include a formal interview of any and all members of the Proposer’s contract management staff.

PROPOSAL REVIEW AND CONTRACT AWARD

Failure to submit all documents requested at the time of proposal may deem the Proposer’s proposal ineligible for award. The City of St. Pete Beach reserves the right to reject any or all proposals or parts of proposals. The contract shall be awarded by written notice to the responsible and responsive Proposer whose proposal is determined in writing to be the most advantageous to the City, taking into consideration the price and other criteria set forth in this request for proposals. The City may waive any informality.

RESERVES THE RIGHT

The City reserves the right to accept or reject any and/or all proposals, to waive irregularities and technicalities, and to request re-submission. If only one proposal is received by the proposal date and time listed, the proposal may or may not be rejected by the City depending upon proposal review and the needs of the City.

The City reserves the right to select a firm with or without additional interviews and may decide to select any of the firms submitting proposals. The City reserves the right to award the contract to a responsible proposer submitting a responsible proposal, with a resulting negotiated agreement which is most advantageous and in the best interest of the City.

Proposers, Proposers, their agents, and associates shall not contact or solicit any City Commission member, City employee, or official regarding this RFP during any phase of the proposalding process. Failure to comply with the provision may result in disqualification of the Proposer, at the option of the City. Only that individual listed, or an approved designee, as the contact person for this RFP shall be contacted.

CONE OF SILENCE

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

LOBBYING

Lobbying of Evaluation Committee members, City employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid award or bid protest, by the bidder/proposer/protestor or any member of the bidder’s/proposer’s/protestor’s staff, an agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City and shall be prohibited until either an award is final or the protest is finally resolved by the City Manager or Procurement Manager; provided, however, nothing herein shall prohibit a prospective bidder/proposer from contacting City departments to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision, lobbying activities shall include but not be limited to, influencing or attempting to influence action or non-action in connection with any requests for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected.

VARIANCE FROM STANDARD TERMS & CONDITIONS

All standard terms and conditions stated throughout the RFP apply to this contract except as specifically stated. This should be fully understood by Proposers prior to submitting a proposal.

SERVICES AGREEMENT

A written agreement incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer, and presented to the City Commission for approval and signature.

RESPONSIBILITY OF THE CITY MANAGER OR DESIGNEE

The term “City Manager or designee” wherever used in this Contract shall be the City of St. Pete Beach or its duly authorized representative. Notices of any change in the City Manager or designee shall be given in writing by the City to the Proposer. The City Manager or designee shall have full authority to interpret the contract and requirements and shall determine acceptance of the work under this Contract and every question relative to the fulfillment of the terms and provisions therein. It shall be the duty of the City Manager or designee to enforce the contract terms in a fair and unbiased manner.

If a variation from any requirements is allowed, the City Manager or designee shall grant the same in writing with the reasons for his action outlined, and such action will not invalidate or change the Contract in any other manner.

ADDITIONAL REQUIREMENTS

The City reserves the right, by change order, to unilaterally add or delete locations/services, either collectively or individually, at the City’s sole option, at any time after award has been made as may be deemed necessary or in the best interest of the City. In such case, the Proposer will be required to provide or reduce services to this contract in accordance with the terms, conditions, and specifications.

CHANGES IN THE WORK

Without invalidating the Contract, the City may, at any time or from time to time, order additions, deletions or revisions in the work authorized by written Change Orders or directives. Upon receipt of a Change Order, the Proposer will proceed with the work involved. All such work shall be executed under the applicable conditions of the Contract documents. If any Change Order causes an increase or decrease in the Contract Amount or any extension or shortening of the Contract Time, an equitable adjustment will be made.

Additional Work performed by the Proposer without authorization of a Change Order will not entitle them to an increase in the Contract Amount or any extension of the Contract Time, except in the case of an emergency (subject to approval by City Manager or designee).

It is the Proposer's responsibility to notify their Surety of any changes affecting the general scope of the Work or change of the Contract Amount and the amount of the applicable bonds shall be adjusted accordingly, and an amended bond document furnished to the City. In the event the City directs the Proposer to make a change in the Work, and if the City and the Proposer do not arrive at a mutually acceptable increase or decrease in the Contract Amount, the Proposer shall not use any such lack of mutual acceptance as a basis or cause to stop or otherwise delay the progress or the execution and completion of any of the work ordered, directed or required pursuant to the Contract Documents.

If the Proposer believes an event or situation has occurred which justifies a change in the Contract Amount or Contract Time, they shall deliver a written notice to the City Manager or designee. Each such written notice shall be delivered promptly and no later than fifteen (15) business days after the Proposer first discovered the occurrence. The Proposer shall be deemed to have waived the right to collect any and all costs incurred more than fifteen (15) business days prior to the date of delivery of the written notice and shall be deemed to have waived the right to seek an extension of the Contract Time with respect to any delay in the Progress Schedule which accrued more than fifteen (15) business days prior to the date of delivery of the written notice.

Any such notice shall include sufficient detail to explain the basis of entitlement to a claim for an adjustment to the Contract Amount of Contract Time. When requested by the City Manager or designee, the Proposer shall furnish any additional information and details as may be required to determine the facts or allegations involved, which shall be provided within fifteen (15) business days of the request unless a longer time period is allowed by the City Manager or designee.

The Proposer shall prepare proposals detailing proposed adjustments to Contract Amount and/or Contract Time and submit them to the City Manager or designee within fifteen (15) business days of the City’s issuance of a proposed Change Order or the Proposer’s submitting a written notice of a change or claim for an adjustment to the Contract Amount or Contract Time. Proposer’s proposals shall be irrevocable for a period of at least sixty (60) business days after receipt by the City. Any delay in the submittal of a complete, adequate and acceptable proposal will not justify an increase in Contract Amount or Contract Time.

Proposer agrees that it shall give the City access to any and all of Proposer’s and SubProposers’ books, records and other materials relating to proposed Change Orders and other claims for adjustment to Contract Amount or Contract Time.

CHANGE OF CONTRACT AMOUNT

The Contract Amount constitutes the total compensation payable to the Proposer for performing the Work.

All duties, responsibilities and obligations assigned to or undertaken by the Proposer shall be at his expense without change in the Contract Amount. The Contract Amount may only be changed by written Change Order issued by the City. Any claim for an increase in the Contract Amount shall be in writing and delivered to the City Manager or designee within fifteen (15) business days of the occurrence of the event giving rise to the claim.

All claims for adjustment in the Contract Amount shall be determined by the City Manager or designee.

However, no claim for an adjustment to the Contract Amount will be considered for unforeseeable causes that were beyond the fault or negligence of the Proposer or his SubProposers or supplier such as acts of God, floods, riots, etc. This restriction does not restrict submission of claims for additional Contract Time due to events of this nature. Any change in the Contract Amount shall be incorporated in a Change Order.

Proposer proposals or claims shall cover all aspects of the Work involved and shall be fully documented and itemized as to all costs, quantities and charges for overhead and profit. Amounts for SubProposers or Suppliers at any tier shall be similarly supported. When determining SubProposers’ costs, the methods to be used shall be those used for the Proposer’s costs, except that the term “SubProposer” shall replace the term “Proposer,” context permitting.

The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Amount where the Work involved is covered by unit prices contained in the Contract Documents shall be determined by application of unit prices to the quantities of the items involved. If the quantities originally contemplated are so changed in a proposed Change Order, that application of the Unit Prices to the quantities proposed will cause substantial inequity to the City or the Proposer, the applicable unit price(s) shall be equitably adjusted by mutual agreement.

If the value of work covered by a Change Order cannot be established or mutually agreed to utilizing previously established unit rates, the value shall be determined by the City on the basis of an estimate of the out-of-pocket cost and percentages that are acceptable to the City for overhead and profit. In such case, the Proposer will submit in the form prescribed by the City an itemized cost breakdown together with supporting data. The amount of credit to be allowed by the Proposer to the City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease as determined by the City.

When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any.

CHANGE OF CONTRACT TIME

The Contract Time may only be changed by written Change Order. Any claim for an extension in the Contract Time shall be in writing and include an analysis of the Progress Schedule as further described in the Specifications and shall be delivered to the City Manager or designee within fifteen (15) business days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Contract Time shall be determined by the City Manager or designee. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. The Contract Time may be extended for an amount equal to time lost due to unforeseeable causes beyond the control of the Proposer (and his SubProposers and Suppliers) if he makes a claim therefrom. Such delays shall include, but not be restricted to, acts or neglect by any separate Proposer employed by the City; fires; floods; labor disputes; epidemics; or acts of God.

All time limits stated in the Contract Documents are of the essence to the Contract. The stated time limits are agreed to be adequate to complete the work, including the procurement, manufacture and delivery of all material and equipment required, and account for any and all potential impact, delays, disruptions and costs that may be expected.

OTHER CONTRACTS

The City may award other Contracts. The Proposer shall fully cooperate with such other Proposers and carefully fit his/her own work to that provided under other Contracts, as may be with the performance of work by any other Proposer or City.

COOPERATIVE PURCHASING

Pursuant to their own governing laws and subject to the agreement of the Proposer, governmental entities may make purchases under the terms and conditions contained in the executed Contract, if agreed to by Proposer. Such purchases are independent of the Contract between the City and the Proposer, and the City is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C.

CITY’S RIGHT TO DIRECT PURCHASE

The City has reserved the right to purchase certain items and materials for this project directly in an effort to save applicable sales tax in compliance with Florida Law.

The City will issue purchase orders directly to the vendors supplying the equipment being directly purchased by the City for this project. Each Purchase Order will be accompanied by the City's Certificate of Exemption and a Certificate of Entitlement. All direct purchase vendor invoices will be issued to the City of St. Pete Beach and the City will issue payment to each direct purchase vendor from City funds. The City will take title to the equipment at time of delivery from the vendor and will issue a separate Certificate of Entitlement for each purchase order.

The Proposer shall assist the City with receipt of materials furnished by the City in accordance with these Special Provisions including, but not limited to, verifying correct quantities, verifying documents of orders in a timely manner, providing and obtaining all warranties and guarantees required by the Contract Documents, assist with inspection of the goods at the time of delivery and notify the City immediately of any deficiencies noted. It is understood that the owner assumes the risk of damage or loss during the time that the building materials are physically stored at the job site prior to their installation or incorporation into the project. The Proposer shall coordinate with the City regarding the delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Proposer for the particular material furnished.

As City Furnished Materials are delivered to the job site and accepted by the City, the City shall notify the Proposer who will assist the City to visually inspect all shipments from the suppliers. The City will approve the vendor's invoice for material delivered upon adequate inspection and recommendation of the Proposer.

The City shall assure that each delivery of City Furnished Materials is accompanied by documentation adequate to identify the Purchase Order against which the purchase is made and Contract Documents including but not limited to Contract, Plans, Specifications, and approved Shop Drawings. This documentation may consist of a delivery ticket, bill of lading and an invoice from the supplier conforming to the Purchase Order together with such additional information as the City may deem necessary.

ASSIGNMENT

The Proposer shall perform this contract. No assignment or subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer must disclose that intent in the proposal. In the event of a corporate acquisition and/or merger, the Proposer shall provide written notice to the City within thirty (30) business days of Proposer’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City shall include but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement.

SUBCONTRACTS

The Proposer shall not subcontract this Agreement or any part thereof or any interest therein without consent in writing of the City and the Proposer’s Surety. Any SubProposer approved by the City will be subject to the same standards and qualifications as stated in this Contract.

ASSIGNMENT AND TRANSFER OF CONTRACT

The Proposer shall not assign or transfer this Agreement or any part thereof or any interest therein without consent in writing of the City and the Proposer’s Surety, and any such assignment or transfer without such written consent shall be null and void.

BEGINNING DATE

The Proposer shall, within ten (10) business days after receipt of the Notice of Award and before commencement of any operations hereunder, execute the Agreement. Additionally, the Proposer shall, within twenty (20) business days after receipt of the Notice of Award, provide all required documentation to the City. The Proposer must commence construction activities within thirty (30) business days of NTP to prepare and procure materials. Any change to the start date or the work schedule included with this proposal must be submitted in writing to and approved by the City Manager or designee.

COMPLETION OF WORK

The work will be completed and ready for final inspection within 120 calendar days from start of the project. The project shall be considered eligible for final acceptance by the City when all required work to be performed as outlined in this Agreement is complete and accepted by the City.

TERMINATION

The resulting contract may be canceled by the City when:

• Sufficient funds are not available to continue its full and faithful performance of this contract.

• There is sub-standard or non-performance of contract.

• The City wishes to terminate at any time and for any reason, upon giving thirty (30) days prior written notice to the other party.

The resulting contract may be canceled by either party in the event of substantial failure to perform in accordance with the terms by the other party through no fault of the terminating party.

FISCAL NON-FUNDING

If funds for the requested services described herein are not appropriated via the annual budget adoption process, the City reserves the right to cancel this Agreement immediately upon written notice to the vendor.

EXAMINATION OF SITE

Proposer shall carefully examine project site and be familiar with the work required for the project, investigate all site conditions that may affect execution of work as detailed in the construction documents.

Contact the City’s Procurement Manager or their designee for changes or alterations before proceeding.

LAND OF CITY, USE OF, BY PROPOSER

The City shall provide the land upon which the work under this Contract is to be done, and will, so far as is convenient, permit the Proposer to use as much of the land as is required for the erection of temporary construction facilities and storage of materials, together with the right of access to same, but beyond this, the Proposer shall provide, at his/her cost and expense, any additional land required. It will be the responsibility of the Proposer to repair or restore to the satisfaction of the City, at their own expense, any damage to land used for the above stated activities or any other activities approved by the City.

WORKMANSHIP

The Proposer acknowledges that they have satisfied themselves as to the nature and location of the work;

the general and local conditions including but not restricted to those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, roads; and uncertainties of weather, surface conditions, subsurface conditions, tides or similar physical conditions at the site, the character of equipment and facilities required to prosecute the work. Any failure by the Proposer to acquaint themselves with any aspect of the work or with any of the applicable conditions shall not relieve the Proposer from the responsibility to successfully perform the work under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation.

OTHER WORK

Wherever work being done by the City or by other Proposers is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the City Manager or designee to secure the completion of the various portions of the work in general harmony.

INTENT OF PLANS AND SPECIFICATIONS

The Proposer shall keep on the job a copy of the Plans and Specifications and shall at any time give the City Manager or designee access thereto. Anything mentioned in the Specifications and not shown on the Plans or shown on the Plans and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. The Proposer shall not take advantage of any errors, discrepancies or omissions that may exist in the Plans and Specifications but shall immediately call them to the attention of the City

Manager or designee whose interpretation or correction thereof shall be conclusive. Should a conflict occur between the General Specifications and any Supplemental Specifications and/or Plans, the latter shall govern.

TRAFFIC CONTROL AND STAGING AREA

Proposer shall include all costs associated with vehicular and pedestrian traffic control and maintenance during the project. Proposer shall be responsible for providing a staging area. The location of this area must be approved by the City Manager or designee. The Proposer will be required to control the area including any additional fencing or barricades and Proposer will be responsible for the restoration of this and all other staging areas provided by the City.

PARKING

The Proposer shall arrange with City Manager or designee for temporary parking areas to accommodate construction personnel and construction equipment. Note that limited parking spaces are available in the City of St. Pete Beach. The Proposer will be asked to coordinate with the City’s representative on site on a regular basis to minimize the impact on residents and visitors.

TRANSPORTATION, HANDLING AND STORAGE

The Proposer shall transport, handle, protect and store products in accordance with manufacturer's instructions and all environmental regulatory agencies.

VEHICLES

Business vehicles shall be identified on both sides with the name of the company.

TIMELY DEMAND FOR STAKES AND INSTRUCTIONS

The Proposer shall provide reasonable and necessary materials, opportunities, and assistance for setting stakes and making measurements, including the furnishing of a rodman, or a chainman at intermittent times during the construction period. They shall not proceed until they have received such stakes and instructions as may be necessary as the work progresses. The work shall be done in strict conformity with such stakes and instructions. The Proposer shall carefully preserve benchmarks, reference points and stakes, and in case of willful or careless destruction, they will be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

UTILITIES

The Proposer shall anticipate all underground obstructions such as water lines, gas lines, sewer lines, utility lines, or any other public or private facilities and debris. In all cases where existing utility lines may be interfered with by the work, the Proposer shall give a minimum of thirty-six (36) hours’ notice to the owners of such utilities, to permit them to relocate the lines prior to construction. No extra payment shall be allowed for the removal, replacement, repair or possible increased cost caused by underground obstructions. The location of existing structures and utilities provided in the plans are approximate only. Any damage to existing structures to remain or work of any kind shall be repaired or restored promptly by, and at the expense of the Proposer.

The Proposer shall at all times protect all desirable trees, plants, curbs, sidewalks, irrigation components, and structures not requiring removal to accomplish the work, whether or not they are shown on the plans.

The Proposer must contact the City to obtain tree removal permits for the removal of any tree not identified for removal in the Project Plans.

In matters of restoration, all materials, construction, and workmanship shall be acceptable to, and approved by the City of St. Pete Beach and the City Manager or designee. No changes in size, shape, configuration, location, materials, or construction shall be made without prior written authorization from the City Manager or designee. Any demolition debris and other debris shall be hauled offsite and properly disposed of by the Proposer and shall be inclusive to the prices as stated in the PROPOSAL SCHEDULE, unless otherwise stipulated as part of the project to remain.

No interruption of ingress and egress to private property shall be made unless the Proposer has made prior arrangements acceptable to the owner of the affected property. The City Manager or designee shall notify affected residents/property owners of impending activity or inconvenience via door hanger.

The Proposer shall provide all traffic control devices utilized during construction and meet the requirements set forth in the Florida State Department of Transportation “Manual on Traffic Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations.”

CLEANING UP

Upon completion or termination of the work the Proposer shall, as directed by the City Manager or designee, remove from the vicinity of the work all equipment and temporary structures, waste materials and rubbish resulting from his operations, leaving the premises in a neat and presentable condition. All debris generated by the Proposer will be removed before leaving the area. All areas will be raked to remove smaller debris.

All surrounding sidewalks, parking lots and roadways will be cleared of any dust or debris generated by the Proposer. In the event of their failure to do so, the City at the expense of the Proposer may do the same, and their Surety shall be responsible.

DEFECTIVE WORK OR MATERIAL

The Proposer shall promptly remove from the premises all work and materials condemned by the City Manager or designee as failing to conform to the Contract, whether incorporated or not, and the Proposer shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the City and shall bear the expense of making good all work of other Proposers destroyed or damaged by such removal or replacement.

If the Proposer does not remove such condemned work or materials within a reasonable time after notice, the City may remove them and store the materials at the expense of the Proposer. If the Proposer does not pay the expense of such removal within ten (10) business days’ time thereafter, the City may, upon thirty

(30) business days written notice sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all the costs and expenses that should have been borne by the Proposer.

GENERAL WARRANTY

Neither the final certificate nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the City shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Proposer of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Proposer shall remedy any defects in the work and pay for any damage to other work resulting therefrom that shall appear within a period of eighteen (18) months from the date of final acceptance of the work, unless a longer period is specified. The City shall give notice of observed defects with reasonable promptness.

SUPERINTENDENCE

The Proposer shall constantly superintend all the work embraced in this Contract in person or by a responsible agent who shall have in writing, full authority to act for them and to carry out all the instructions given by the City Manager or designee.

PROTECTION OF WORK AND PROPERTY

The Proposer shall continuously maintain adequate protection of all their work and materials from damage or theft and shall protect the City’s property and all adjacent property from injury or loss arising in connection with activities under their Contract. The Proposer shall make good any such damage, injury, or loss, except such as may be caused by agents or employees of the City.

The Proposer shall take, use, provide, and maintain all necessary precautions, safeguards, and protection to prevent accidents, or injury to persons or property on, about, or adjacent to the site of the work. Should the situation arise that physical security is needed the Proposer will provide security on off days and holidays. The Proposer shall be responsible for all charges incurred with such action.

The Proposer shall post danger signs warning against any hazards created by the work being done under their…