06/03/2013
WORK SESSION AGENDA
Council Chambers - City Hall
6/3/2013 - 1:00 PM
1. Presentations
1.1Fire Medic Oaths
Attachments
1.2Visit St. Pete/Clearwater Tourism Update - David Downing, Deputy Director of the Convention and
Visitor's Bureau
Attachments
1.3TBPRC award for the US 19 Plan - Lauren Matzke, Planning; Cate Lee, Planning
Attachments
1.4Public Works Day - Top Ops Competition
Attachments
2. Economic Development and Housing
2.1Approve the 2013 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451,
Florida Statutes, adopt Resolution 13-10 and authorize the appropriate officials to execute same.
Attachments
2.2Endorse the application for Project Poof and commit the City of Clearwater to provide local financial
support (Local Match) of ten percent of the eligible tax refund upon certification by the State of Florida
Department of Economic Opportunity (DEO) and adopt Resolution 13-11.
Attachments
3. Financial Services
3.1Approve settlement of the liability claim of CX Industries, Inc for payment not to exceed $31,000.00 and
authorize the appropriate officials to execute same. (consent)
Attachments
4. Parks and Recreation
4.1Approve Revocable License Agreements with Ultimate Bounce LLC (UB) and Emerald Coast Bungee
(ECB), Inc., effective June 1, 2013 through May 31, 2014, to provide entertainment concessions at Pier 60
Park, and authorize the appropriate officials to execute same. (consent)
Attachments
5. Solid Waste/General Support Services
5.1Approve a contract (Blanket Purchase Order) to Fleet Products of Tampa, FL in the amount of $220,000
for the purchase of replacement vehicle parts used by all city Departments during the contract period June
21, 2013 through June 20, 2014, in accordance with Sec. 2564(1)(d), Code of Ordinances, City of Tampa
bids 41081810 and 41020612 and authorize the appropriate officials to execute same. (consent)
Attachments
5.2Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for an amount not to exceed
$3,700,000 for the purchase of unleaded and diesel fuel for city motorized equipment, as per award of
RFP 19-10, during the contract period May 1, 2013 through April 30, 2014 and authorize the appropriate
officials to execute same. (consent)
Attachments
5.3 Approve a contract (Blanket Purchase Order) to The Parts House of Tampa, FL in the amount of $120,000
for the purchase of replacement vehicle parts used by all city departments during the contract period June
1, 2013 through May 31, 2014, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Tampa
contract 10-P-04593 and authorize the appropriate officials to execute same. (consent)
Attachments
6. Engineering
6.1Approve the renewal of Waterfront Engineering Inc., of Tampa Florida, contract for 2 years, in the
amount of $800,000, to fund City owned seawall upgrades and/or replacements Project (11-0063-EN).
(consent)
Attachments
6.2Approve Engineer of Record (EOR), Geosyntec Consultant, to complete Monitoring and Environmental
Assessment and delineation of the Harbor Drive Fill Area in an amount not to exceed $275,000. (consent)
Attachments
6.3Approve Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore
Construction Co., Inc. of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus
Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater, FL; Honeywell Building Solutions
of Orlando, FL; Keystone Excavators, Inc. of Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon
Springs, FL for a period of three years and authorize the appropriate officials to execute same. (consent)
Attachments
6.4Award a contract to Kamminga and Roodvoets, Inc. of Tampa, Florida, for construction of Myrtle
Avenue/Seminole Stormwater Improvements project (10-0035-EN) in the amount of $1,464,257.05,
which is the lowest responsible bid received in accordance with plans and specifications, and authorize the
appropriate officials to execute same. (consent)
Attachments
7. Official Records and Legislative Services
7.1Reappoint Mary A. van Weezel to the Library Board with term to expire June 30, 2017.
Attachments
8. Legal
8.1Amend Division 4 of the Clearwater Code of Ordinances, relating to the powers of the Municipal Code
Enforcement Board, amending the powers and duties of the Board, and pass Ordinance 8431-13 on first
reading.
Attachments
8.2Designate the Municipal Code Enforcement Board as the local hearing officer, for the purpose of
conducting hearings related to a Notice of Violation issued pursuant to Section 316.0083, Florida Statutes;
designate the City Clerk and staff of Official Records and Legislative Services to serve as the clerk to the
local hearing officer and adopt Resolution 13-14.
Attachments
8.3Adopt Ordinance 8395-13 on second reading, annexing certain real property whose post office address is
1305 Woodbine Street, into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Attachments
8.4Adopt Ordinance 8396-13 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1305 Woodbine Street, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
8.5Adopt Ordinance 8397-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1305 Woodbine Street, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Attachments
8.6Adopt Ordinance 8402-13 on second reading, amending the Community Development Code by amending
Article 3, Section 3-1806 to allow signs within public rights-of-way to provide wayfinding during public
construction projects and amending Article 6, Section 6-109 to allow terminated height to be rebuilt in
certain circumstances and to clarify that the termination of nonconforming density runs with the land
instead of with a site plan approval.
Attachments
8.7Adopt Ordinance 8419-13 on second reading, amending Ordinance 6931-02, which amended Ordinance
6378-13, restating the definition of “Reserve Requirement” as pertains to municipal bonds.
Attachments
8.8Approve setting a special election on November 5, 2013 to present a referendum question to the city
electors amending the Charter of the City to allow a 60 year lease to the Clearwater Marine Aquarium on
certain city owned real property located west of Osceola Avenue, east of the unimproved right-of way of
Pierce Boulevard, north of Pierce St. and south of Cleveland Street for construction of an aquarium, and
pass Ordinance 8418-13 on first reading.
Attachments
9. City Manager Verbal Reports
9.1City Manager Verbal Reports
Attachments
10. Closing Comments by Mayor
11. Adjourn
12. Presentation(s) for Council Meeting
12.1A goodbye presentation to Coastie as he leaves for SEGD for formal training on June 8. - Karen Miller,
Division Commander, US Coast Guard Auxiliary
Attachments
12.2Humane Society Proclamation
Attachments
12.3Clearwater High School Resource Officer Presentation - Mr. Mastorides, Clearwater High School
Principal; Sgt. Michael Waleck, Clearwater Police Department; and Officer Joshua Jewett, CHS Resource
Officer
Attachments
12.4Clearwater Central Catholic High School Baseball Team - Todd Vaughan, CCC Head Baseball Coach
Attachments
12.5Mrs. Clearwater 2013-14 - Michelle Benetti
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Fire Medic Oaths
SUMMARY:
William Billups
Logan Cruz
James Desaulniers
Shannon Hight
Elizabeth Pierce
Michael Remillet
Justin Smith
Justin Suhanovsky
Review Approval:
Cover Memo
Item # 1
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Visit St. Pete/Clearwater Tourism Update - David Downing, Deputy Director of the Convention and Visitor's Bureau
SUMMARY:
Review Approval:
Cover Memo
Item # 2
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
TBPRC award for the US 19 Plan - Lauren Matzke, Planning; Cate Lee, Planning
SUMMARY:
The City of Clearwater’s Planning & Development department received two regional awards that recognize the successes of the US 19
Corridor Redevelopment Plan. The city received the 2012 One Bay Award and a First Place Future of the Region Award in the
Development/Infrastructure category.
These awards are given by the Tampa Bay Regional Planning Council. The One Bay Award is an overall award of distinction that
recognizes one project submitted in any of the six "Future of the Region" award categories and exemplifies the One Bay Regional
Vision. “Future of the Region” awards recognize projects and programs that exemplify regionalism and outstanding achievement that
benefits the Tampa Bay community.
The goal of the US 19 Corridor Redevelopment Planis to strengthen the identity, design, mobility, and competitiveness of the corridor.
The city and a consultant team worked with corridor stakeholders to define land use and development strategies to leverage the
corridor’s advantages, capitalize on market opportunities, and maximize benefits of planned transit and transportation improvements.
Review Approval:
Cover Memo
Item # 3
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Public Works Day - Top Ops Competition
SUMMARY:
Clearwater placed in all 6 categories as follows: The Hard Tap, where a team of 4 open a ductile iron pipe full of pressured
water and installs a tap. Second place went to The Water Boys – Charles McAbee, Brody Burke, Kyle Wilson, and Matt
Dombrowski - for a time of 2 minutes, 49 seconds.
The Fun Tap is similar, but the pipe is made of PVC. Second place went to Kenny’s Rippers – Davon Watson, Kendrix
Anderson, Orlando Rivas, and Phil Horne - for a time of 48 point 38 seconds.
Meter Madness is an event in which a meter is assembled from a bucket of parts, with some similar extra parts included in
the bucket. Both First and Second place were taken by Clearwater in this event. First place was Steve Martindale’s at 57
seconds, with Davon Watson in Second place with 1 minute flat.
The Backhoe event involves picking up an egg from a pile of sand and placing it in a 5 gallon bucket without it cracking or
breaking. First place was taken by Todd Kuhnel with 34 seconds.
The Vacuum Truck Operation is where competitors make a basket using a basketball and hoop. Second place went to
Maurice Bryant for 1 minute, 1 second.
The Director's Challenge tests the ability of staff to successfully complete the backhoe challenge. Laura Davis, secretary for
the MoM group, took First place with 1 minute, 15 seconds.
Review Approval:
Cover Memo
Item # 4
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve the 2013 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution
13-10 and authorize the appropriate officials to execute same.
SUMMARY:
The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal
property for affordable housing." The state statute includes that the governing body of each municipality must review the
proposed affordable housing inventory list at a public hearing, and may revise the list at the conclusion of the hearing.
Following the public hearing, the local governing body must adopt a resolution that includes an inventory list of such
property deemed appropriate for affordable housing development.
On February 21, 2008, the City Council adopted Resolution 08-01 establishing the first 2008 Affordable Housing Inventory
listing twenty-nine parcels of City-owned land appropriate for use as affordable housing. Upon further analysis and due
consideration, on November 5, 2009, the City Council adopted Resolution 09-41 revising the first 2008 Affordable Housing
Inventory to identify only two City-owned parcels of land appropriate for use as affordable housing. Subsequent to the
adoption of Resolution 09-41and resolution 10-12, the City has acquired no additional parcels of land or further identified
any others to which it has title as appropriate for use as affordable housing.
Section (1) of the statutory amendment requires that every three years each municipality prepare an inventory list of all real
property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable
housing. Therefore, the 2013 Affordable Housing Inventory List includes the address and legal description of each property,
and specifies whether the property is vacant or improved.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 5
Resolution No. 13-10
RESOLUTION 13-10
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND
TO TWO PARCELS OF LAND LYING AND BEING SITUATE
WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE
FOR USE AS AFFORDABLE HOUSING AS DEFINED IN
SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN
INVENTORY LISTING OF SAID PARCELS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 166.0451, Florida Statutes, requires that by July 1,
2007, and every three years thereafter, each municipality within the State of
Florida shall prepare an inventory list of all real property within its jurisdiction to
which the municipality holds fee simple title that is appropriate for use as
affordable housing; and,
WHEREAS, the inventory list must include the address and legal
description of each such property and specify whether the property is vacant or
improved; and,
WHEREAS, the governing body of the municipality must review the
inventory list at a public hearing, and may revise it at the conclusion of the public
hearing; and,
WHEREAS, the City Council now desires to formally establish the 2013
Affordable Housing Inventory list of real property deemed appropriate for use as
affordable housing as required by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the following two (2) parcels of vacant land as more
particularly described in EXHIBIT “A”, attached hereto and incorporated herein,
are hereby determined to be appropriate for use as affordable housing as
defined in Section 166.0451 and 420.0004, Florida Statutes.
Section 2. That the City holds fee simple title in and to both of said
parcels.
Section 3. That the inventory listing of the herein described parcels
of land shall be titled the “2013 Affordable Housing Inventory List”.
Attachment number 1 \nPage 1 of 3
Item # 5
Resolution No. 13-10
Section 4. That the City Clerk is hereby directed to record this
Resolution in the Public Records of Pinellas County, Florida.
Section 5. That this resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this _____ day of _________________, 2010.
_________________________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
______________________________ ______________________________
Laura Lipowski Mahony Rosemarie Call, City Clerk
Assistant City Attorney
Attachment number 1 \nPage 2 of 3
Item # 5
Resolution No. 13-10
EXHIBIT “A”
2013 AFFORDABLE HOUSING INVENTORY LIST
918 PALMETTO ST. PENNSYLVANIA SUB., LOT 5 VACANT
1454 S. MLK, JR. AVE. COMMENCE AT THE NW CORNER OF VACANT
S. MLK, JR. AVE. AND WOODLAWN ST.
THEN RUN N 320 FT TO THE POINT OF
BEGINNING; THEN W 260.4 FEET; THEN
N 225.00 FEET; THEN E 260.4 FEET;
THEN S 225.00 FEET TO THE POINT OF
BEGINNING.
Attachment number 1 \nPage 3 of 3
Item # 5
QUEEN
HARVEY
WASHING
TON AVE
WILLIAMSON LA
LAHARRIS
PEAR
L ST
WOODLAWN ST
LA
ST
Woodlawn Oaks Ave
Tioga Ave
S MARTIN LUTHER KING JR AVE
50
60
60
60
40 50
50
4040
6040404042
40
64(S)
54(S)
5
0
56(S)
53(S)
60
50
4.5
4.5
98932
29247
22986
25992
37602
22932
A B
C
1 2
3
4
5
6
7
8 9 10 11
1
2
1
2
3
1
2
34
5
6
78
9
101112
1314
15
16
1718
1920
13
14
15
1617
18
19
20
2122
23
24
6
7
10
4 3
7 6 5 4
8
9
52
51
504948
47
1
2
3
4
5
52
51
50
49
48
47
1
2
3
4
5
6
52
51
5049
48
47
1
2
34
5
6
12
3
45
6
1 6 5 4 3
96
23
4
4
4 5 7 6
32/01
32/08
32/11
32/12
32/13
32/07
32/09
32/10
20.53
3.96
1.4
3.23
31/01
31/02
31/16
31/03
31/04
31/05
31/06
1.15
31/17
31/07
A C
A C (C)
A C (C)
A C
A C
21
1
1
2
1
1
3
21
262
845
901
918
832
910
840
831
838
826
1498
1484
1115
1107
1119
1121
1131
1123
1454
1450
1127
1131
1131
1130
1494
149214901488
1482
1122
1123
1116
1120 1492
1503
1426
1479
1124
1128
14771479
1499
1511
1419
1483
1495
1455
1139
1481
1483
1127
1508
1449
1451
1128
1511
1481
1136
1124
1497
1475
1120
1510
1435
1133
1009
1118
1123
1504
1126
830
1508
1109
1101
1129
1127
1504
1500
1477
1485
1489
1486
1146
1140
1134
1128
1488
1472
1476
1480
1484
1112
1130
1455
1132
1485
1124
1132
1467
0 100 20050 Feet
PARCEL SUMMARY
City Atlas Page: 314AParcel I.D. No.: 22-29-15-0000-320-1300Legal Description: Commence at the NW Cor. of S. Greenwood Ave. & Woodlawn St.; then run N 320' to the Point of Beginning; then W 260.4'; then N 225'; then E 260.4'; then S 225' to the Point of Beginning.Dimensions: 1.3448 Acres, more or lessZoning: MDRAcquired: 12/12/1995Purchase Price: $84,000Owner Fund: 181 – Infill Housing (1996)Comments: At time of purchase property was intended for development of 7 single-family homes for low/moderate income housing.
LOCATOR MAP City Parcel No. 2621454 S. Martin Luther King, Jr. Ave.
Legend
Subject Properties:Improved
Vacant
1 PARCEL
Attachment number 2 \nPage 1 of 1
Item # 5
METTO ST
PALM
STMETTO
PENNSYLVANIA
STPALMETTO
AVE
VINE
STMETTO
STJURGENS
STBLUFFPALM
NICHOLSON ST
AVE
(NOTE)
ALL DIMENSIONS
IN BLOCK "E"
ARE SCALED.
37
37
40
15
40 40
45
20
50
40
40
15 25
30
30
30
20 30
40
20 20
40
6045
40
40
86(S)
2025
50
45
42.5
30
20
50
33498
65736
45000
68346
55908
B A
C D
E F
A
B
9
10
11
12
6 5 4 3 2
22 21 20 19 18 17
15 16 7 6 5 4 3 1
2 1 2 1 2
2 1 2 1 1
276543
6 7 3 4 5
14 13 12 11 10
4
3
2
1
5 4 3 2 1 3 2 1
6 7 8 9 10 4 5 6
9 8 7 6 5
6 5 4 3 2 1
7 8 9 10
11
23 24 25 26 27 28 29
33 31
32
13
14
15 1
2
3 35
13 14
3
12
4 5
1
54 4
523/05
23/06
23/07
24/01
23/
02
23/03
23/04
23/08
23/09
53
60.540
40
4225
40
10
10
10
60
25
53
3
4
2
5
1
12
11
10
9
8
7
1
2
3
4
5
6
20
19
18
17
16
15
13 12 9 8
1
2
3
4
5
6
14 11 10 7
12
11
10
9
1
2
3
4
20
19
18
17
13 12 9 8
1
2
3
4
6
7
8
9
10
11
12 13 14 15 16
5 4 3 2 1
9
8
7
6
5 4 3 2 1
1
1
1
1
1
3
2
21
3
1
1
1
1 1
1
1
1
909 915
905
911
907 913
908
910
913
918
916
908
912
906
904
920
907
855
905
825
905 913
911
915
909
905
900
803
904
908
808
906
912
910
802
811
807
907
909
914
901
906
810
800
902
906
911
901
804
904
901
906
908
910
907
913
813
902
808
905
900
701
809
706
804 805
912
802
810
700
911
802
816
803
903
806
900
807
904
902
806
909908
907
908
805
805
900
905
807
805
800 1100
1106
1104
1050
1020
1014
1007 1008
1006
1010
1004
1007
1022
1016
1008
1022
1103
1007
1101
1002
1107
1005
1002
1003
1004
1006
1004
1001
1012
1105
1012
1002
1015 bus
266
902
904
900
903
798
805
905
814
703
804
807
807
803
809
801
814
910
904
809
705
1012
1009
1015
10171016
10051005
1006
1015
1107 1101
1000
1008
1106
1012
1003
1003
1002
1105
1014
1008
1103
1103
1104
1001
1045
1003A
0 100 20050 Feet
PARCEL SUMMARY
City Atlas Page: 269AParcel I.D. No.: 10-29-15-68346-000-0050Legal Description: PENSYLVANIA SUB., Lot 5Dimensions: 50' x104'Zoning: MDRAcquired: 12/17/1997Purchase Price: Acquired in settlement of a judgement to foreclosure demolition & lot clearing liens.Owner Fund: UnknownComments: Parcel leased to Head Start as a playground for its adjoining pre-school from 2/1/2006 - 1/31/2011. lessee has first option to renew for additional 5-year terms consistent with the Charter. City may terminate with 60 days notice if required for other purposes.
LOCATOR MAP City Parcel No. 266918 Palmetto Street
Legend
Subject Properties:Improved
Vacant
1 PARCEL
Attachment number 3 \nPage 1 of 1
Item # 5
262
266
277B
296B
306A
295B
278B
287B
305B
278A
306B
296A
286B 287A
313B 314A 314B
307A
297A
288A
279A
305A
295A
277A
286A
269B
315A
269A 270A268B268A
DRUID RD
SEMINOLE ST
DRUID RD S
S MYRTLE AVE
S FORT HARRISON AVE
JEFFORDS ST
BETTY
LN
N MYR
TLE A
VE
S MARTIN LUTHER KING, JR. A
VE
CHESTNUT ST
N FORT HARRISON AVE
CLEVELAND ST
S BETTY LN
MEM
O
RIA
L
C
S
W
Y
DRUID RD W
LAKEV I E W R D
DREWST
COURT ST
N E C L E V E L A N D S T
N MISS
OU
RI AVE
N BETTY LN
S
MISSOURI
AVE
D R U I D P L
JEFFORDS ST
S BETTY LN
JEFFORDS ST
S BETTY LN
SBETTY
LN
N MISS
OU
RI
AVE
²0 0.25 0.50.125 Miles
LOCATION MAP Revised 2013 Citywide Affordable Housing Inventory Parcels
Document Path: V:\GIS\Economic Development\Affordable Housing\REVISED 2013 Affordable Housing ALL.mxd
Data Source: Economic Development & HousingPrepared by: Engineering Departm ent
Attachment number 4 \nPage 1 of 1
Item # 5
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Endorse the application for Project Poof and commit the City of Clearwater to provide local financial support (Local Match) of ten
percent of the eligible tax refund upon certification by the State of Florida Department of Economic Opportunity (DEO) and adopt
Resolution 13-11.
SUMMARY:
The Florida Legislature created Florida Statute, Section 288.106 to encourage the growth of Florida’s high-
wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax
Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and
recommend applications for consideration by DEO for tax refunds to qualified target industry
businesses. Pursuant to Florida Statute, Sections 288.075 and 288.106, the applicant requests certain
information, including the name of the company, remain confidential until such time as is required under
statute or desired by the applicant. Project Poof is the alias name of the applicant company.
This Resolution provides a commitment of the city to support the QTI Program, which provides a
performance-based incentive. The incentive is negotiated in advance of Project Poof’s commitment to
relocate and grow its operations in the City of Clearwater. It does not guarantee payment until such time as
the terms of the contract made between DEO and Project Poof are met, subject to limitations described
below.
QTI Program Description
The QTI Program works as an inducement to encourage companies to locate in Florida. In accordance with the QTI
Program eligibility criteria, no commitment to locate in Florida has been made at this time. The incentive may not
exceed that which is requested in the application.
Description of Project
Project Poof is seeking State, County and City inducement to relocate out-of-state operations and to create additional
jobs in the City of Clearwater’s IT/Software Technology District. The company projects to employ two hundred over
the next three years. Project Poof’s job creation schedule is as follows:
The following types of jobs are expected to be created by this high tech, IT/Software company:
Phase Number of net new full-time equivalent
Florida jobs created in the business unit
Date by which jobs will be
created
I 25 12/31/2013
II 75 12/31/2014
III 100 12/31/2015
Total 200
Business Unit Activities 5 Digit NAICS Code(s) Project Function
Cover Memo
Item # 6
Average wages of all new jobs created by Project Poof is to be no less than $82,750, which is 200% of the State’s
Annual Average Wage of $41,375 as published by Enterprise Florida on January 1, 2013.
QTI Program Request & Local Match Commitment
The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of
six years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each
new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a
maximum of $12,500 per new job created. Eighty percent of this award is provided by the State of Florida, with a
Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum
Local Match award per new job created is $1,250 for a total Local Match of $250,000, based on the following
qualifying criteria:
Payment Schedule
Disbursement of the Local Match is spread over a period of six years. Twenty-five percent of the Local Match is paid
out over a four year period for each phase in which the jobs are created. The schedule is as follows:
The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by
the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match
disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the
disbursement to the applicant.
Conditions of Limitation and Termination
During the term of the agreement, the Local Match may be lowered under the following conditions:
Administration/Management 541611 20.4%
Computer Systems Design 541512 52.3%
Software Publishing 511210 27.3%
100%
QUALIFYING CRITERIA TOTAL $ INCENTIVE
PER JOB CREATED
CITY LOCAL
MATCH (10%)
Primary Industry $3,000.00 $300.00
Wage Bonus (>/= 200% avg annual
wage) $2,000.00 $200.00
Enterprise Zone $3,000.00 $300.00
High Impact Sector (IT/Software) $2,000.00 $200.00
Brownfield Area Bonus $2,500.00 $250.00
Total Per New Job Created $12,500.00 $1,250.00
Phase #
Jobs
Eligible
Award
Max.
25%/Yr FY13-14 FY14-15 FY15-16 FY16-17 FY17-18 FY18-19
I 25 $31,250 $7,813 $7,813 $7,813 $7,813 $7,813
II 75 $93,750 $23,438 $23,438 $23,438 $23,438 $23,438
III 100 $125,000 $31,250 $31,250 $31,250 $31,250 $31,250
Total 200 $250,000 $7,813 $31,250 $62,500 $62,500 $54,688 $31,250
Cover Memo
Item # 6
If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of
the required new jobs, the company will receive a pro-rated refund less five percent penalty of the schedule
award amount for that year.
If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount
awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed
the amount of eligible taxes paid by the company.
The Local Match may be eliminated under the following conditions:
If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated
from the program.
If the average wage falls below $82,750, the company will not receive a refund and will be terminated from the
program.
Funding Source
The Fiscal Year 2013-2014 funding is currently available from Economic Development budget account number 181-
99846. Future year funding will need to be allocated during the City’s annual budget process.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 6
QUALIFIED TARGET INDUSTRY TAX REFUND
LOCATING IN AN ENTERPRISE ZONE
AND BROWNFIELDS REDEVELOPMENT BONUS REFUND
WITH CASH LOCAL FINANCIAL SUPPORT
RESOLUTION NO. 13-11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, RECOMMENDING PROJECT
POOF, BE APPROVED AS A QUALIFIED TARGET INDUSTRY
BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES;
AFFIRMING THE SITE OF THIS PROJECT IS IN A
DESIGNATED BROWNFIELDS AREA AND DESIGNATED
ENTERPRISE ZONE; PROVIDING FOR LOCAL FINANCIAL
SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the business under consideration is a corporate headquarters for
Project Poof; and
WHEREAS, Project Poof has been identified as a Target Industry Business; and
that the Council hereby recommends Project Poof be approved as a Qualified Target Industry
Business pursuant to s.288.106. Florida Statutes; and
WHEREAS, Project Poof intends to locate in the City of Clearwater Downtown
Business District; and create two hundred new full-time jobs over the next three years,
qualifying as high-value added jobs; based on the State of Florida Incentives Average Wage
requirements effective January 1, 2013; and
WHEREAS, the site is in a Florida Department of Environmental Protection
Designated Brownfield Area, BF529701000, within the City of Clearwater, and the site is
identical to the Environmental Protection Agency (EPA) designation for the Brownfields
Initiative; and
WHEREAS, as a result of this location, Project Poof is eligible to apply for the
Qualified Target Industry Tax Refund with a Brownfields Bonus; pursuant to s.288.107; and
WHEREAS, THE CITY OF CLEARWATER will contribute local financial support
in the form of cash for the Qualified Targeted Industry Tax Refund with Brownfields Bonus; and
WHEREAS, as a result of this location, Project Poof is eligible to apply for the
Qualified Target Industry Tax Refund for the City of Clearwater Enterprise Zone #5202 location;
pursuant to s.288.106(3)(b)1., Florida Statutes, and will contribute local financial support in the
form of cash for the Qualified Targeted Industry Tax Refund for an Enterprise Zone location;
now, therefore,
Attachment number 1 \nPage 1 of 2
Item # 6
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Florida Statutes Section s. 288.106 requires 20% local financial participation as tax
refunds become due; and the necessary commitment of local financial support has been
identified in the amount of $500,000, consisting of 50% of the local contribution coming from
Pinellas County and 50% coming from the City of Clearwater. A cash commitment exists for
Project Poof for the City of Clearwater local financial support for the Qualified Target Industry
Tax Refund Program in the amount of $250,000, including $100,000 for the Qualified Target
Industry Tax Refund, $50,000 for the Brownfields Bonus Refund, $60,000 for the Enterprise
Zone location, and $40,000 Designated High Impact Sector. However, in no event will the total
contribution of the City of Clearwater for Project Poof exceed $250,000. This amount will be
made available in accordance with the guidelines set forth by the Department of Economic
Opportunity with the stipulation that these funds are intended to represent local financial support
pursuant to s.288.106, Florida Statutes.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED and ADOPTED this _____day of _____, 2013.
Countersigned: CITY OF CLEARWATER, FLORIDA
________________________ By:___________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
________________________ ____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney II City Clerk
Attachment number 1 \nPage 2 of 2
Item # 6
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve settlement of the liability claim of CX Industries, Inc for payment not to exceed $31,000.00 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
On April 23, 2013, the tenant at 2596 Nursery Road discovered that the building had flooded due to a wastewater
overflow. The Public Utilities supervisor verified that the backup was due to a stoppage in the City side of the waste
water main line.
The owner of the building brought in a restoration company to perform a dry-out and tear-out along with a portion of
the wall build-back. The tenant, a flooring company has replaced the damaged portion of flooring. The owner will be
reimbursed in exchange for a release.
The cost will not exceed $31,000.
The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000. The City’s Risk Management
Division and City’s Claims Committee recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Not to exceed
$31,000 Annual Operating Cost:
Not to Exceed:Not to exceed
$31,000 Total Cost:
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
590-07000-545900-519-000 $31,000
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 7
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve Revocable License Agreements with Ultimate Bounce LLC (UB) and Emerald Coast Bungee (ECB), Inc., effective June 1,
2013 through May 31, 2014, to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
On January 9, 2013, a Request for Proposal (RFP) was issued for beach entertainment concessions at Pier
60 Park and Beach. Only two proposals were received, one from Ultimate Bounce LLC, and the other from
Emerald Coast Bungee, Inc.
Both of these vendors have been providing entertainment services to Clearwater Beach visitors and
residents for over 10 years and their current agreement with the City expires on May 31, 2013.
Ultimate Bounce LLC will provide an inflatable bounce house, dry slide, wet slide and other inflatable
concessions while Emerald Coast Bungee will supply a bungee powered trampoline jump and mechanical
dolphin ride.
Under the License Agreements, both UB and ECB will continue to pay the current rate of 25% of gross
revenue to the City until September 30, 2013 (to finish this fiscal year) and after that time, will remit a
license fee equal to $52,500 per Fiscal Year.
Staff is recommending shifting from a percent of gross sales to a flat monthly license fee since the financial
oversight and reporting of the percent basis is difficult to manage and this assures the City a set amount of
revenue that can be budgeted in the general fund.
The City will have the opportunity to renew the agreement on an annual basis up to four more additional
years at which time a new RFP will be issued for renewed or new services.
Substantial changes to the past Agreement include the following:
Guaranteed payment of $52,500 per year, per vendor, for a total of $105,000. Past agreements were on a
25% of gross sales basis with no less than $40,000 per year, per vendor, for each year of the License Term.
(During the initial License Term, there shall be no guaranteed minimum payment.)
Addition of a mechanical dolphin ride from Emerald Coast Bungee.
Added a provision that the licensee pay for all costs relating to any and all amenity upgrades requested by
licensee and approved by the City. (i.e. High Speed Internet)
In addition to requiring all employees of the licensee to have appropriate background screening as well as
proper training in operating the equipment, it was highly encouraged that they also obtain CPR and First Aid
Certifications.
License fees received from UB and ECB in Fiscal Year 2010/11 was $91,840 and in 2011/12
$103,033. After the first 6 months of this year 2012/13, the license fee is only slightly ahead of last year by
approx $2,300.
Cover Memo
Item # 8
Bid Required?:Yes Bid Number:RFP11-13
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Parks and Recreation 4) Office of Management and
Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) City Manager 9) Clerk
Cover Memo
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Item # 8
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve a contract (Blanket Purchase Order) to Fleet Products of Tampa, FL in the amount of $220,000 for the purchase of
replacement vehicle parts used by all city Departments during the contract period June 21, 2013 through June 20, 2014, in accordance
with Sec. 2564(1)(d), Code of Ordinances, City of Tampa bids 41081810 and 41020612 and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
This blanket purchase order will be used to purchase automotive light duty and heavy-duty parts for all city vehicles. The Tampa bids
were issued for automotive light-duty parts (41081810) and heavy-duty parts (41020612).
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$160,953 Annual Operating Cost:$160,953
Not to Exceed:$220,000 Total Cost:$220,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
566-06611-550600-519-000 $220,000
Bid Required?:No Bid Number:
Other Bid / Contract:
City of Tampa
Bid 41081810
and 41020612
Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager 6) City Manager 7) Clerk
Cover Memo
Item # 9
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for an amount not to exceed $3,700,000 for the purchase
of unleaded and diesel fuel for city motorized equipment, as per award of RFP 19-10, during the contract period May 1, 2013 through
April 30, 2014 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This blanket purchase order covers the purchase of unleaded and diesel fuel delivered to the city fuel facility located at
1701 N. Hercules Avenue. This fuel is used for all city equipment.
This is the second extension of a five-year contract leaving 1 year remaining.
The current price for unleaded is $3.60 per gallon and diesel is $3.59 per gallon.
Per the US Energy Information Administration, the cost of fuel is projected to average at a retail cost of $3.92 per
gallon. Estimated retail price for diesel in 2014 is $3.78 per gallon and the estimated retail price for unleaded will be
$3.38 per gallon.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year:5/1/2013 to 4/30/14
Appropriation Code Amount Appropriation Comment
566-06611-550500-519-000 $3,700,000 BPO
Bid Required?:Yes Bid Number:
City of
Clearwater
RFP 19-10
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager 6) City Manager 7) Clerk
Cover Memo
Item # 10
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve a contract (Blanket Purchase Order) to The Parts House of Tampa, FL in the amount of $120,000 for the purchase of
replacement vehicle parts used by all city departments during the contract period June 1, 2013 through May 31, 2014, in accordance
with Sec. 2.564(1)(d), Code of Ordinances, City of Tampa contract 10-P-04593 and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
This blanket purchase order is a piggyback to the City of Tampa contract and covers the purchase of replacement
vehicle parts for use on all city vehicles.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$40,000 Annual Operating Cost:$120,000
Not to Exceed:$120,000 Total Cost:$120,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
566-06611-550600-519-000 $120,000
Bid Required?:No Bid Number:
Other Bid / Contract:
City of
TampaContract
10-P-04593
Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager 6) City Manager 7) Clerk
Cover Memo
Item # 11
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve the renewal of Waterfront Engineering Inc., of Tampa Florida, contract for 2 years, in the amount of $800,000, to fund City
owned seawall upgrades and/or replacements Project (11-0063-EN). (consent)
SUMMARY:
Waterfront Engineering Inc. was awarded the City Owned Seawall Contract on July 30, 2012, based on a Request for
Proposals (RFP-30-12). This is a multiyear performance based contract renewed annually for up to three years. Waterfront
Engineering has already successfully completed twelve seawall projects under this contract, all within budget and without
incident.
Sufficient funding in the amount of $400,000 is available in Capital Improvement Program project 0315-93412, Citywide
Seawall Replacement for year 2, an additional $400,000 will be available at October 1, 2013 to fund year 3 for total funding
in the amount of $800,000.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
See summary
Current Year Cost:$400,000 Annual Operating Cost:
Not to Exceed:$400,000 Total Cost:$400,000
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
0315-93412-563800-539-
000-0000
$400,000See summary
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
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Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve Engineer of Record (EOR), Geosyntec Consultant, to complete Monitoring and Environmental Assessment and delineation of
the Harbor Drive Fill Area in an amount not to exceed $275,000. (consent)
SUMMARY:
July 19, 2012, City Council approved funding not to exceed $822,490 to properly close a former land filled area known as
Phillip Jones Field and renovate the site to be used as a sports field from unrestricted Solid Waste funds, CIP 315-93631.
In addition to Phillip Jones Field, areas exist outside the field limits, which need to be delineated and remediated to the
satisfaction of the Florida Department of Environmental Protection (FDEP). Staff has worked with FDEP to get the approval
to address the playing field first and then follow up with investigating the remaining areas. Soil and groundwater delineation
followed by a monitoring plan and Engineering Controls will likely be required to bring this site to Final Closure.
A third quarter budget amendment will transfer $275,000 from Solid Waste Fund unrestricted reserves to 0315-
93631, Phillip Jones Park Renovation.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
See summary
Current Year Cost:$275,000.00 Annual Operating Cost:
Not to Exceed:$275,000.00 Total Cost:$275,000.00
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
0315-93631-561000-575-
000-0000
$275,000.00See summary
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 13
Attachment number 1 \nPage 1 of 1
Item # 13
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL;
Peter Brown Construction Solutions of Clearwater, FL; Certus Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater,
FL; Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of Oldsmar, FL; and J. Kokolakis Contracting, Inc. of
Tarpon Springs, FL for a period of three years and authorize the appropriate officials to execute same. (consent)
SUMMARY:
March 13, 2013, Requests for Qualifications (RFQ 15-13) were solicited from area firms to act as construction managers for the City in
accordance with Construction Manager at Risk (CMR) procedures. Thirteen responses were received. A short list of three firms gave
oral presentations on May 13, 2013 to the selection committee consisting of representatives from Parks and Recreation, General
Services/Gas Division, and Engineering. The seven recommended firms were selected based upon their construction experience,
financial capability, availability of qualified staff, local knowledge and involvement in the community. In addition, the firms’ expertise
in scheduling, cost control, value engineering, and pre-construction services were evaluated.
The CMR firms selected will be available for a three-year period with an option to renew for an additional three years. The city may
award work to these firms for projects up to $2 million.
Competitive pricing will prevail for work completed under this CMR method based on the capability of firms to procure discounted
materials and labor due to their size and experience. Numerous selected firms have been low bid contractors on past projects with the
city and other governmental agencies. All procured subcontracts are open book, hence the city will review the pricing and agree to a
reasonable mark up to manage the work.
A summary of benefits of the CMR delivery method from the previous two-year period RFQ was presented to Council on February 7,
2013.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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CONTRACT
Construction Manager @ Risk Services for Continuing Contracts
This CONTRACT made and entered into this ________ day of ___________________, 2013 by and
between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the “City” or
“Owner”, and “various firms per agenda item, executed contracts forthcoming” , of the City of
, County of Pinellas and State of Florida, hereinafter designated as the “Construction Manager”.
The contracting entities shall collectively be known as the “Parties.”
WITNESSETH:
WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach
on appropriate projects as determined by the City’s Engineering Department; and
WHEREAS, the City desires that the Construction Manager perform the management of the necessary
construction, design, and preconstruction services (collectively referred to as the Services) on an as -
needed basis subject to the terms and conditions set forth in this agreement and any agreement
incorporated into this agreement by reference.
NOW, THEREFORE, IT IS AGREED BY THE PARTIES:
ARTICLE 1: SCOPE OF WORK AND CONTRACT DOCUMENTS
1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration
of the sums of money, as herein after set forth to be paid by the City to the Construction Manager,
shall and will at its own cost and expense perform all labor, furnish all materials, tools and
equipment for all individual projects assigned as a result of this contract.
1.2 For each individual project assigned, 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, 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.
1.3 Unless otherwise specified in this contract, all work shall be completed in accordance with Section III
and Section IV of the City of Clearwater Contract Specifications (the Specifications). For the
purposes of this contract, the term Contractor in Section III shall include the Construction Manager.
The Specifications, as may be supplemented and changed, along with this Contract constitute the
“Contract Documents.” In the event there is any conflict between this Contract and the Specifications,
this Contract shall take precedence except that the GMP PROPOSAL dated _TBD__is expressly
incorporated and made part of this Agreement. Further, the GMP Proposal shall be determinative
and control in the event of any conflict, discrepancy, absence of information and / or term or condition
to the contrary.
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Item # 14
Page 2 of 10
ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS
2.1 The Construction Manager recognizes the relationship of trust and confidence established between it
and the City by this Agreement, and agrees with the City to furnish its best skill and judgment and the
overall supervision of its executives; to furnish efficient business administration and superintendence;
and to use every effort to keep upon the project site at all times an adequate supply of workforce and
materials to secure its execution and completion in the most expeditious and economical manner.
2.2 The Construction Manager represents that it has made a thorough examination of the premises and
is thoroughly familiar with the conditions under which it is to work.
2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws,
rules, and regulations of all governmental authorities and departments thereof.
2.4 The Construction Manager agrees to cooperate with the City, Architect-Engineer, or any other Design
Professional in all respects, including, but not limited to, providing necessary preconstruction
services, such as evaluation of methods, availability and costs of the various components of the
Services while under design consideration; supervising the Services and the progress thereof; the
coordination of the Services and suggesting changes in the Services; and supplying information as to
costs and availability of materials and methods of construction in order, amongst other things, to
reduce costs wherever the same may be practicably consistent with the quality of the Services
presented in the Contract Documents.
2.5 The Construction Manager agrees to the following:
a) In connection with the performance of work under this Contract, the Construction Manager
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
b) The Construction Manager 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.
c) The Construction Manager 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.
ARTICLE 3: SCOPE OF THE SERVICES
3.1The services that the Construction Manager shall provide include, but are not limited to those
described in the following sections.
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Item # 14
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3.2 Reporting - Written reports shall be provided with the monthly pay requests as follows:
a) Monthly Executive Summary which provides an overview of current issues and pending
decisions, future developments and expected achievements, and any problems or delays,
including code violations found by any permitting agency.
b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling narrative
and that summarizes the work of the various subcontractors. This report shall include
information from the weekly job site meetings as applicable such as:
- general conditions
- long lead supplies
- current deliveries
- safety and labor relations programs permits
- construction problems and recommendations; and
- plans for the succeeding month
3.3 Scheduling
a) Upon award of this Contract, the Construction Manager shall submit a master project
schedule covering the planning and design approvals, construction and Owner occupancy of
the Project. This schedule will serve as the framework for the subsequent development of all
detailed schedules. The master project schedule shall be produced and updated monthly
throughout the project.
b) Within thirty (30) days after the date of the Owner’s issuance of a Notice to Proceed, the
Construction Manager shall prepare and submit to the Owner two copies of a Critical Path
Method (CPM) construction schedule graphically depicting the activities contemplated to
occur as a necessary incident to performance of the work required to complete the project,
showing the sequence in which the Construction Manager proposes for each such activity to
occur and duration (dates of commencement and completion, respectively) of each activity.
c) Following development and submittal of the construction schedule the Construction Manager
shall, at the end of each calendar month during the project, or at such earlier intervals as
circumstances may require, update and/or revise the construction schedule to show the
actual progress of the work performed and the occurrences of all events which have affected
the progress of performance of work already performed or will affect the progress of the
performance of the work yet to be performed in contrast with the planned progress of
performance of such work, as depicted on the original construction schedule and all updates
and/or revisions thereto as reflected in the updated and/or revised construction schedule last
submitted prior to submittal of each such monthly update and revision. Each such update
and/or revision to the construction schedule shall be submitted to the Owner in duplicate.
d) The Construction Manager shall provide current scheduling information and provide direction
and coordination regarding milestones, beginning and finishing dates, responsibilities for
performance and the relationships of the Construction Manager’s work to the work of his
subcontractors and suppliers to enable them to perform their respective tasks so that the
development of construction progresses in a smooth and efficient manner in conformance
with the overall project schedule. The schedule shall include all phases of the construction
work, material supplies, long lease procurement, approval of shop drawings, change orders in
progress, schedules for change orders, and performance testing requirements. The
Construction Manager shall advise the Owner, its representatives and the Architect-Engineer
of their required participation in any meeting or inspection giving each at least one week
Attachment number 2 \nPage 3 of 10
Item # 14
Page 4 of 10
notice unless such notice is made impossible by conditions beyond his control. The
Construction Manager shall hold job-site meetings at least once each month with the
Construction Team and at least once each week with the subcontractors and the Architect-
Engineer’s Field Representative, or more frequently as required by work progress, to review
progress, discuss problems and their solutions and coordinate future work with all
subcontractors.
e) Twice per month corresponding as closely as possible with progress review meetings, a “two
week” look ahead report shall be prepared and submitted to Owner and Architect / Engineer.
3.4 Design Review and Recommendations
a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural,
civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow
the development of design through Contract Documents. The Construction Manager shall
make recommendations with respect to the selection of systems and materials, and cost
reducing alternatives including assistance to the Architect-Engineer and Owner in
evaluating alternative comparisons versus long term cost effect. The evaluation shall speak
to the benefits of the speed of erection and early completion of the project. The
Construction Manager shall furnish pertinent information as to the availability of materials
and labor that will be required. The Construction Manager shall submit to the Owner and
Architect-Engineer such comments as may be appropriate concerning construction,
feasibility, and practicality. The Construction Manager shall bring to the Owner and the
Architect-Engineer’s attention any apparent defects in the design, drawing and
specifications, or other documents. The Construction Manager shall prepare an estimate of
the construction cost at appropriate milestones during the design and shall evaluate such
estimate with the project budget. The Construction Manager shall recommend cost saving
alternatives, as appropriate, at each design milestone. At each design milestone the Owner,
Architect Engineer and Construction Manager shall conduct a value engineering review.
b) After receiving the Construction Documents for each phase of the project, the Construction
Manager shall perform a specific review thereof. Promptly after completion of the review,
the Construction Manager shall submit to the Owner, with a duplicate to the Architect-
Engineer, a written report covering suggestions or recommendations previously submitted,
additional suggestions or recommendations as the Construction Manager may deem
appropriate, and all actions taken by the Architect-Engineer with respect to same, any
comments he may deem to be appropriate with respect to separating the work into separate
contracts and/or alternative materials.
c) At completion of the Construction Manager’s review of the plans and specifications, except
only as to specific matters as may be identified by appropriate comments pursuant to this
section, the Construction Manager shall warrant, without assuming any architectural or
engineering responsibility, that the plans and specifications are consistent, practical,
feasible and constructible. The Construction Manager shall warrant that the work described
in the plans and specifications for the various bidding packages is constructible within the
scheduled construction time.
d) The Construction Manager shall review the design for the purpose of identifying long lead
procurement items (i.e. machinery, equipment, materials and supplies). When each item is
identified, the Construction Manager shall notify the subcontractors, the Owner, and the
Architect-Engineer of the required procurement and schedule. Such information shall be
included in the bid documents and made a part of all affected sub-contracts. As soon as
the Architect-Engineer has completed drawings and technical specifications and the
Attachment number 2 \nPage 4 of 10
Item # 14
Page 5 of 10
Construction Manager has obtained permitting approval, the Construction Manager shall
prepare invitations for bids. The Construction Manager shall keep informed of the progress
of the respective subcontractors or suppliers, manufacturing or fabricating such items and
advise Project Director, Owner and Architect-Engineer of any problems or prospective delay
in delivery.
3.5 Staffing - Key personnel assigned to City projects by the Construction Manager shall not be
removed from the project until alternate personnel acceptable to the City are approved in writing by
the City.
3.6 Soliciting Bids
a) Without assuming responsibilities of the Architect-Engineer, and unless waived in writing by
the Owner, the Construction Manager shall prepare invitations for bids, or requests for
proposal when applicable, for all procurements of long lead items, materials and services, and
for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the
following guidelines:
i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the
Construction Manager with the firm which is qualified and submits the lowest verbal
quotation. The Construction Manager shall obtain a minimum of two (2) verbal
quotations. These quotations shall be entered on a bid tabulation sheet and a copy of
such tabulation sent to the Owner, Architect-Engineer and to each firm. The
successful quotation shall be confirmed by written contract or purchase order to the
low bid firm defining the scope and quality of work to be provided.
ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the
Construction Manager with the firm who is qualified and submits the lowest responsive
proposal. The Construction Manager shall request at least three (3) firms to submit
sealed written proposals based on written drawings and/or specifications. The written
proposals shall all be opened publicly at the location, date and time named by the
Construction Manager in his request for proposal. A tabulation of the results shall be
furnished to the Owner, Architect-Engineer and to each firm.
iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the
Construction Manager with the firm who is pre-qualified and submits the lowest
responsive proposal. The Construction Manager shall advertise these projects at least
once with the last advertisement appearing at least 21 calendar days prior to the
established bid opening date. These proposals shall be based on approved plans and
specifications. Bids shall be received and opened publicly at the location, date and
time established in the bid advertisement.
iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii
above except that the advertisement shall be run for at least 30 days prior to the
established bid opening and at least 5 days prior to any scheduled pre-bid conference.
v) Individual purchases of materials or rentals or leases of equipment of up to $999.99
each may be made without bids or quotes when reasonably necessary to expedite
work on the project; however, the Construction Manager shall not divide or separate a
procurement in order to avoid the requirements set forth above.
vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the
franchise area.
Attachment number 2 \nPage 5 of 10
Item # 14
Page 6 of 10
b) For each separate construction contract exceeding $35,000, the Construction Manager shall,
unless waived by Owner, conduct a pre-bid conference with prospective bidders, the
Architect-Engineer and the Owner. In the event questions are raised which require an
interpretation of the bidding documents or otherwise indicate a need for clarification or
correction of the invitation, the Construction Manager shall transmit these to the Architect-
Engineer and upon receiving clarification or correction in writing shall prepare an addendum
to the bidding document, and issue same to all of the prospective bidders.
3.7 Quality Control - The Construction Manager shall develop and maintain a program, acceptable to
the Owner and Architect-Engineer that assures quality control of the construction. The Construction
Manager shall supervise the work of all subcontractors providing instruction to each when their work
does not conform to the requirements of the plans and specifications and shall continue to assert
influence and control over each subcontractor to ensure that corrections are made in a timely manner
so as to not affect the efficient progress of the work. Should disagreement occur between the
Construction Manager, the Owner or the Architect-Engineer over acceptability of work and
conformance with the requirements of the specifications and plans, the Owner shall be the final judge
of performance and acceptability.
3.8 Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all
subcontractors for any work done under this Contract. The Construction Manager shall negotiate all
change orders, field orders and request for proposals, with all affected subcontractors and shall
review the costs of those proposals and advise the Owner and Architect-engineer of their validity and
reasonableness, acting in the Owner’s best interest prior to requesting approval of each change
order from the Owner. Before any work is begun on any change order, a written authorization from
the Owner must be issued. W hen health and safety are threatened, however, the Construction
Manager shall act immediately to remove such threat to health and safety. The Construction
Manager shall also carefully review all shop drawings and then forward the same to the Architect-
Engineer for review and actions. The Architect-Engineer will transmit them back to the Construction
Manager who will then issue the shop drawings to the affected subcontractor for fabrication or
revision. The Construction Manager shall maintain a record to promote expeditious handling. The
Construction Manager shall request the Architect-Engineer to make interpretations of the drawings or
specifications requested of him by the subcontractors and shall maintain a record to promote timely
response. The Construction Manager shall advise the Owner and Architect-Engineer when timely
response is not occurring on any of the above. The Construction Manager shall collect, review and
submit to the Owner, all project closeout documentation including operation, maintenance and
training manuals.
ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES
4.1 Guaranteed Maximum Price for Construction
a) When the Construction Documents are sufficiently complete to establish the scope of work for the
project or any portion thereof, the Construction Manager will establish and submit in writing to the
Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to
the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed
Maximum Price will be subject to modification for changes in the project as provided in article
4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all
work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job
costs, plus the Construction Manager’s fees or the GMP, whichever is less when the work is
complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final
completion and acceptance of all work covered in the contract documents in accordance to the
City’s General Conditions.
Attachment number 2 \nPage 6 of 10
Item # 14
Page 7 of 10
b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify
the time schedule for activities and work which were adopted and used to determine the
Construction Manager’s cost of work. In addition to the cost of work, a GMP will include an
agreed upon sum as the construction contingency which is included for the purpose of defraying
the expenses due to unforeseen circumstances relating to construction. The Construction
Manager will be required to furnish documentation evidencing expenditures charged to the
contingency prior to the release of funds by the Owner. If bids are received below the applicable
line items in the GMP, the surplus will be added to the contingency.
c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from
the contingency; however, such occurrence shall not be cause to increase the GMP.
d) If bids are not received for a portion of the work at or below the applicable line item amount in the
GMP, the Construction Manager reserves the right to perform that portion of the work as
acknowledged by the Owner or negotiate for its performance for the specified line item lump sum
amount or less.
e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the
Project shall be determined in one or more of the following ways:
i. By mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation by the Architect Engineer and owner;
ii. By unit prices stated in the Agreement or subsequently agreed upon;
iii. If none of the methods is agreed upon, the Construction Manager, provided it has
received a signed written order by the Owner, shall promptly proceed with the work
involved. The cost of such work shall then be determined on the basis of the
reasonable expenditures and savings of those performing the work attr ibuted to
the change. In the event a Change Order is issued under these conditions,
however, the Architect-Engineer will establish an estimated cost of the work and
the Construction Manager shall not perform any work whose cost exceeds that
estimate without prior written approval by the Owner. In such case, the
Construction Manager shall keep and present, in such form as the Owner may
prescribe, an itemized accounting together with appropriate supporting data of the
increase in the Cost of the Project. The amount of decrease in the Guaranteed
Maximum Price to be allowed by the Construction Manager to the Owner for any
deletion or change which results in a net decrease in cost will be the amount of the
actual net decrease;
iv. The Architect-Engineer will have authority to order minor changes in the Project
not involving an adjustment in the Guaranteed Maximum Price or an extension of
the Construction Completion Date and not inconsistent with the intent of the
Drawings and Specifications. Such changes shall be effected by written order.
Documentation of changes shall be determined by the Architect-Engineer..
Changes shall be approved by the Architect-Engineer
Attachment number 2 \nPage 7 of 10
Item # 14
Page 8 of 10
4.2 Construction Manager’s Fee - In consideration of the performance of the contract, the Owner
agrees to pay the Construction Manager as compensation for his services, fees as set forth below:
4.3 Preconstruction Phase Fee - shall be based on design costs if applicable, constructability review,
value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the
amount of $_waived by the City/Owner shall be paid at the negotiated price upon receipt of the
Guaranteed Maximum Price.
a) Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will
direct the Construction Manager in writing to proceed into the Construction Phase. The
Construction Manager’s compensation for work or service performed during the Construction
Phase shall be a fee of TBD_. The Construction Phase Fee shall be invoiced and paid in _TBD_
months. Payments will be remitted monthly at the cost of _TBD_ each and one final monthly
payment of _TBD_. The first monthly payment shall become due thirty days following the
issuance of the first Construction Authorization and the final monthly payment shall be paid only
when construction of the project is completed and occupancy of the project accepted by the
Owner. If construction is authorized only for a part of the project, the fee paid shall be
proportionate to the amount of work authorized by the Owner.
ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE
5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of
creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in
cases for which an extension of time is provided, to supply enough properly skilled workmen or
proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of
this Agreement as determined by the certificate of the Architect, the Owner may, without prejudice
and reserving any other right or remedy the Owner may have, after giving the Construction Manager
seven (7) days’ written notice, terminate the employment of the Construction Manager and take
possession of the premises and all materials, tools, and appliances thereon and finish the Project in
whatever manner the Owner may deem expedient.
5.2 It is mutually agreed between the parties hereby that time is of the essence of this contract, and in
the event that the Substantial Completion Date is not achieved 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
Construction Manager, the sum of $1,000.00 per day for each day that the work to be performed by
the Construction Manager 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 Construction Manager to complete the work within the time stipulated, it being
further agreed that the sum is not to be construed as a penalty but is only to be construed as
liquidated damages for failure of the Construction Manager to complete and perform all work within
the time period as specified in this contract.
ARTICLE 6: INDEMNIFICATION
6.1The Construction Manager 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 Construction
Manager’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,
Attachment number 2 \nPage 8 of 10
Item # 14
Page 9 of 10
servants or employees resulting from activities by the aforementioned contractor, sub-contractor,
agent servants or employees.
6.2 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability
the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28,
Florida Statutes.
ARTICLE 7: TITLE TO THE PROJECT
7.1 The title of all work, completed portions of the Project and in the course of construction, and of all
materials on account of which payment has been made shall be in the Owner.
ARTICLE 8: ASSIGNMENT
8.1 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns, except that this Agreement may not be assigned by either party
without the prior written consent of the other party. Any assignment made without such prior written
consent shall not vest rights in the assignee.
ARTICLE 9: ADDITIONAL PROVISIONS
9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida, and the venue for any dispute under this Agreement shall be an appropriate court of
competent jurisdiction in Pinellas County, Florida.
9.2 Any notice required to be given by the terms and provisions of this Agreement or by any law or
governmental regulation, either by the Owner or Construction Manager, shall be in writing unless
otherwise required by such law or regulation and shall be deemed to have been served and given
when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed
to the party hereto to whom directed, at the address specified in the Specifications,.
9.3 The language in this Agreement shall be construed according to its customary meaning within the
Florida building industry. Whenever used, the singular shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders.
9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party,
the remainder of the Contract Documents and the applicability of such provision to other persons or
parties shall not be affected thereby.
9.5 Nothing contained in this Agreement shall be construed to mean that the Construction Manager and
Owner are joint venturers or partners.
Attachment number 2 \nPage 9 of 10
Item # 14
Page 10 of 10
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
Attest:
By: _______________________________ (Seal)
William B. Horne II City Manager
Countersigned: _______________________________
Rosemarie Call, City Clerk
By:__________________________________ Approved as to form:
George Cretekos, Mayor-Councilmember
______________________________
Camilo Soto, Assistant City Attorney
(Contractor must indicate whether
Corporation, Partnership, company
or Individual) ______________________________
______________________________
(Contractor)
(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 By: ______________________(Seal)
he must, by Affidavit, show his authority to bind the
Corporation).
Attachment number 2 \nPage 10 of 10
Item # 14
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Award a contract to Kamminga and Roodvoets, Inc. of Tampa, Florida, for construction of Myrtle Avenue/Seminole Stormwater
Improvements project (10-0035-EN) in the amount of $1,464,257.05, which is the lowest responsible bid received in accordance with
plans and specifications, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This project involves construction of stormwater drainage improvements from Eldridge Street and SR-595 to Metto Street
and Pennsylvania Avenue.
The existing system is nearing the end of its useful lifespan, is partially located on private property and will be removed or
abandoned in place.
The replacement storm system will consist of about 2100 linear feet of pipe that ranges in size from 36 in. to 40 in. and will
be constructed within City right-of-way.
There is also about 550 feet of water main that is nearing the end of its lifespan that will also be replaced with this project.
Work will commence soon after award and execution of the contract and will be completed within 210 calendar days of
commencement.
Sufficient revenue is available as follows: $1,294,563.05 of Stormwater Revenue in 0315-96170, Coastal Basins Projects,
$85,974.00 of Utility R and R revenue in 0327-96742, Line Relocation Capitalized, $48,070.00 of Utility R and R revenue in
0327-96634, Sanitary Utility Relocation, and $35,650.00 of Water Revenue in 0315-96739, Reclaim Water Distribution, for
total funding in the amount of $1,464,257.05.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
See summary
Current Year Cost:$1,464,257.05 Annual Operating Cost:
Not to Exceed:$1,464,257.05 Total Cost:$1,464,257.05
For Fiscal Year:2012 to 2013
Appropriation Code Amount Appropriation Comment
0315-96170-563700-539-
000-0000
$1,294,563.05See summary
0327-96742-563800-533-
000-0000
$ 85,974.00 See summary
0327-96634-563800-533-
000-0000
$ 48,070.00 See summary
0315-96739-563800-533-
000-0000
$ 35,650.00 See summary
Cover Memo
Item # 15
Bid Required?:Yes Bid Number:10-0035-EN
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
Item # 15
PDFConvert.19098.1.Contract_for_Signature Page 1 of 19 7/26/2012
BOND NUMBER: ____________________
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
KNOW ALL MEN BY THESE PRESENTS: That we KAMMINGA & ROODVOETS, INC.
as Contractor and LIBERTY MUTUAL INSURANCE COMPANY (Surety) whose home
address is 450 PLYMOUTH RD. , PLYMOUTH MEETING, PA 19462 _.
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: ONE MILLION FOUR HUNDRED
SIXTY-FOUR THOUSAND TWO HUNDERD FIFTY-SEVEN DOLLARS AND FIVE
CENTS ($1,464,257.05) for the payment of which we bind ourselves, our heirs, executors,
administrators, successors, and assigns for the faithful performance of a certain written contract,
dated the day of , 2013, entered into between the Contractor and
the City of Clearwater for:
MYRTLE AVE. / SEMINOLE ST. NORTHEAST OUTFALL IMPROVEMENTS
(PROJECT No. 10-0035-EN)
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
Attachment number 1 \nPage 1 of 6
Item # 15
PDFConvert.19098.1.Contract_for_Signature Page 2 of 19 7/26/2012
CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done;
as aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
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___.
KAMMINGA & ROODVOETS, INC.
CONTRACTOR
By:
ATTEST:
___________________________________
SURETY
WITNESS: By:
ATTORNEY-IN-FACT
___________________________________
COUNTERSIGNED:
Attachment number 1 \nPage 2 of 6
Item # 15
PDFConvert.19098.1.Contract_for_Signature Page 3 of 19 7/26/2012
CONTRACT
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
KAMMINGA & ROODVOETS, INC., of the City of TAMPA County of HILLSBOROUGH
and State of Florida, 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:
MYRTLE AVE/SEMINOLE ST NORTHEAST OUTFALL IMPROVEMENTS PROJECT
(PROJECT No. 10-0035-EN)
in the amount of $1,464,257.05
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, 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.
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.
Attachment number 1 \nPage 3 of 6
Item # 15
PDFConvert.19098.1.Contract_for_Signature Page 4 of 19 7/26/2012
CONTRACT
(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.
It 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 if, any time after the execution of
this contract and the surety 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 performance 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.
Attachment number 1 \nPage 4 of 6
Item # 15
PDFConvert.19098.1.Contract_for_Signature Page 5 of 19 7/26/2012
CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By: _______________________________ (Seal)
William B. Horne, II
City Manager Attest:
Countersigned: ________________________
Rosemarie Call
City Clerk
By: _______________________________ Approved as to form:
George N. Cretekos,
Mayor
_______________________
Camilo Soto
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
_______________________
_______________________
(Contractor)
By: (SEAL)
(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).
Attachment number 1 \nPage 5 of 6
Item # 15
PDFConvert.19098.1.Contract_for_Signature Page 6 of 19 7/26/2012
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, , who after being duly sworn,
deposes and says:
That he is the (TITLE) of KAMMINGA & ROODVOETS, INC.,
a Florida Corporation, with its principal place of business located at
5219 CONE RD., TAMPA, FL 33610 (herein, the "Contractor").
That the Contractor was the general contractor under a contract executed on the day of
, 20___ with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
MYRTLE AVE/SEMINOLE ST NORTHEAST OUTFALL IMPROVEMENTS
(PROJECT No. 10-0035-EN)
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me KAMMINGA & ROODVOETS, INC.
AFFIANT
This day of , 20 .
BY:_______________________
__________________________________
NOTARY PUBLIC
_________________________
My Commission Expires: PRESIDENT
Attachment number 1 \nPage 6 of 6
Item # 15
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK KS N.T.S.278A 10-29s-15w5/17/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
NEW STORMWATER PIPE TO BE INSTALLED
METTO ST
SEMINOLE ST
US 19 ALT.
SR-595
PENNSYLVANIA AVE
PALM BLUFF ST
ELDRIDGE ST
VINE AVE
VINE AVE
ELDRIDGE ST
SEM INOLE ST
NICHOLSON ST
MAPLE ST
N MARTIN LUTHER KING JR. AVE
PALMETTO ST
Document Path: V:\GIS\Engineering\Location Maps\NewStormwaterPipetobeInstalled.mxd
Attachment number 2 \nPage 1 of 1
Item # 15
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK KS N.T.S.278A 10-29s-15w5/17/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
OLD STORMWATER PIPE TO BEGROUTED AN D ABANDONED IN PLACE
METTO ST
SEMINOLE ST
US 19 ALT.
SR-595
PENNSYLVANIA AVE
PALM BLUFF ST
ELDRIDGE ST
VINE AVE
VINE AVE
ELDRIDGE ST
SEM INOLE ST
NICHOLSON ST
MAPLE ST
N MARTIN LUTHER KING JR. AVE
PALMETTO ST
Document Path: V:\GIS\Engineering\Location Maps\OldStormwaterPipetobeRemoved.mxd
Attachment number 3 \nPage 1 of 1
Item # 15
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
STORMWATER
1 Mobilization 1 LS 135,000.00$ 135,000.00$ 55,000.00$ 55,000.00$ 96,970.30$ 96,970.30$ 51,500.00$ 51,500.00$
2 Work Zone Traffic Control 1 LS 90,000.00$ 90,000.00$ 25,000.00$ 25,000.00$ 60,000.00$ 60,000.00$ 50,400.00$ 50,400.00$
3 Clearing & Grubbing 1 LS 90,000.00$ 90,000.00$ 72,600.00$ 72,600.00$ 50,000.00$ 50,000.00$ 118,020.00$ 118,020.00$
4 Removal of Unsuitable Material 1,000 CY 20.00$ 20,000.00$ 8.00$ 8,000.00$ 0.50$ 500.00$ 15.00$ 15,000.00$
5 Construct 48" RCP 1,390 LF 145.00$ 201,550.00$ 138.00$ 191,820.00$ 233.00$ 323,870.00$ 155.00$ 215,450.00$
6 36" RCP 140 LF 115.00$ 16,100.00$ 150.00$ 21,000.00$ 223.00$ 31,220.00$ 128.00$ 17,920.00$
7 30" RCP 580 LF 76.00$ 44,080.00$ 98.00$ 56,840.00$ 223.00$ 129,340.00$ 110.00$ 63,800.00$
8 24" RCP @ Palmetto St. Including removal of
existing pipes & structures
48 LF 157.00$ 7,536.00$ 105.00$ 5,040.00$ 213.00$ 10,224.00$ 98.50$ 4,728.00$
9 18" RCP @ Palmetto St. incluidng removal of
existing pipes & structures
36 LF 132.00$ 4,752.00$ 75.00$ 2,700.00$ 203.00$ 7,308.00$ 53.00$ 1,908.00$
10 15" RCP 205 LF 58.00$ 11,890.00$ 72.00$ 14,760.00$ 198.00$ 40,590.00$ 48.00$ 9,840.00$
11 19" x 30" ERCP @ Palmetto St.83 LF 110.00$ 9,130.00$ 80.00$ 6,640.00$ 198.00$ 16,434.00$ 95.00$ 7,885.00$
12 8" PVC Underdrain Pipe 476 LF 30.00$ 14,280.00$ 40.00$ 19,040.00$ 185.00$ 88,060.00$ 24.00$ 11,424.00$
13 8" Solid Pipe 94 LF 28.00$ 2,632.00$ 28.00$ 2,632.00$ 185.00$ 17,390.00$ 11.00$ 1,034.00$
14 Underdrain Cleanout (Terminal)2 EA 1,110.00$ 2,220.00$ 400.00$ 800.00$ 1,000.00$ 2,000.00$ 860.00$ 1,720.00$
15 Type 3 Curb Inlet w/Type "J" Bott. (6' x 6') (S-3
& S-5)
2 EA 9,300.00$ 18,600.00$ 9,000.00$ 18,000.00$ 10,000.00$ 20,000.00$ 7,850.00$ 15,700.00$
16 Type 3 Curb Inlet (S-16, S-18, S-19, & S-20)4 EA 4,900.00$ 19,600.00$ 6,000.00$ 24,000.00$ 7,000.00$ 28,000.00$ 3,700.00$ 14,800.00$
17 Type 9 Curb Inlet w/Type "P" Bott. (S-22) 1 EA 3,500.00$ 3,500.00$ 4,500.00$ 4,500.00$ 7,000.00$ 7,000.00$ 2,820.00$ 2,820.00$
18 Type "V" Grate Inlet (S-23)1 EA 4,700.00$ 4,700.00$ 5,000.00$ 5,000.00$ 8,000.00$ 8,000.00$ 2,807.00$ 2,807.00$
19 Type "V" Grate Inlet w/Type "J" Bott (Special
Structure on Existing Pipe) (S-7 & S-9)
2 EA 11,500.00$ 23,000.00$ 14,000.00$ 28,000.00$ 15,000.00$ 30,000.00$ 10,183.00$ 20,366.00$
20 Type "E" Grate Inlet (Modified) Outfall Control
Structure w/Weir (S-25)
1 EA 4,250.00$ 4,250.00$ 5,500.00$ 5,500.00$ 9,000.00$ 9,000.00$ 5,525.00$ 5,525.00$
21 Storm Manhole (Doghouse) Type "J" Bott.
(6'x7") (S-1)
1 EA 5,400.00$ 5,400.00$ 20,000.00$ 20,000.00$ 11,000.00$ 11,000.00$ 7,500.00$ 7,500.00$
22 Storm Manhole Type "J" Bott. (6'x7')(S-1)1 EA 6,000.00$ 6,000.00$ 15,000.00$ 15,000.00$ 9,000.00$ 9,000.00$ 6,800.00$ 6,800.00$
23
Storm Manhole Type "J" Bott. (6'x6') (S-6, S-8,
s-10, s-15, & S-24)6 EA 5,700.00$ 34,200.00$ 10,000.00$ 60,000.00$ 10,500.00$ 63,000.00$ 6,375.00$ 38,250.00$
MYRTLE AVENUE/SEMINOLE STREET STORMWATER PROJECT (10-0035-EN)
BID OPENING - TUESDAY, MAY 14, 2013 AWARD - THURSDAY, JUNE 06, 2013
KAMMINGA & ROODVOETS
5219 Cone Road
Tampa, FL 33610
AJAX PAVING INDUSTRIES OF
FL. LLC
510 Gene Green Rd.
Nokomis, FL 34275
METRO EQUIP. SERV., INC.
9415 SW 72ND St.
Miami, FL 33173
MTM CONTRACTORS, INC.
6550 - 53rd St. No.
Pinellas Park, FL 33781
Attachment number 4 \nPage 1 of 4
Item # 15
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
MYRTLE AVENUE/SEMINOLE STREET STORMWATER PROJECT (10-0035-EN)
BID OPENING - TUESDAY, MAY 14, 2013 AWARD - THURSDAY, JUNE 06, 2013
KAMMINGA & ROODVOETS
5219 Cone Road
Tampa, FL 33610
AJAX PAVING INDUSTRIES OF
FL. LLC
510 Gene Green Rd.
Nokomis, FL 34275
METRO EQUIP. SERV., INC.
9415 SW 72ND St.
Miami, FL 33173
MTM CONTRACTORS, INC.
6550 - 53rd St. No.
Pinellas Park, FL 33781
24 Conflict Manhole Type "J" Bott. (6'x6') ( S-4)1 EA 6,500.00$ 6,500.00$ 11,500.00$ 11,500.00$ 15,000.00$ 15,000.00$ 8,300.00$ 8,300.00$
25 Storm Manhole (Standard) (S-11, S-12, S-17, &
S-21)
4 EA 3,100.00$ 12,400.00$ 6,000.00$ 24,000.00$ 10,000.00$ 40,000.00$ 3,800.00$ 15,200.00$
26 Silt Fence / Inlet Protection 1 LS 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 30,000.00$ 30,000.00$ 5,000.00$ 5,000.00$
27 Tree Barricades 1 LS 1,500.00$ 1,500.00$ 3,000.00$ 3,000.00$ 15,000.00$ 15,000.00$ 2,000.00$ 2,000.00$
28 Root Pruning 1 LS 1,600.00$ 1,600.00$ 2,500.00$ 2,500.00$ 15,000.00$ 15,000.00$ 7,500.00$ 7,500.00$
29 Remove & Relocate Mailboxes (Standard Only) 20 EA 120.00$ 2,400.00$ 150.00$ 3,000.00$ 20.00$ 400.00$ 325.00$ 6,500.00$
30 Project Signs 2 EA 1,000.00$ 2,000.00$ 750.00$ 1,500.00$ 700.00$ 1,400.00$ 1,100.00$ 2,200.00$
31 Sodding (Grassing) 13,140 SF 0.25$ 3,285.00$ 1.50$ 19,710.00$ 0.80$ 10,512.00$ 0.42$ 5,518.80$
32 Tree Removal 4 EA 1,110.00$ 4,440.00$ 1,000.00$ 4,000.00$ 500.00$ 2,000.00$ 1,200.00$ 4,800.00$
33 Palm Tree Removal 2 EA 550.00$ 1,100.00$ 500.00$ 1,000.00$ 500.00$ 1,000.00$ 500.00$ 1,000.00$
34 Irrigation - Restoration 5 EA 550.00$ 2,750.00$ 750.00$ 3,750.00$ 100.00$ 500.00$ 1,000.00$ 5,000.00$
35 3" Asphaltic Concrete Structural Course Type S-
1 (1 - 1/2" Lift) Pennsylvania Avenue
212 TON 140.00$ 29,680.00$ 120.00$ 25,440.00$ 120.00$ 25,440.00$ 138.00$ 29,256.00$
36 3" Asphaltic Concrete Structural Course Type S-
1 (2" Lift w/Type S-3, 1" Lift) Palmetto St. @
Pennsylvania Ave.
51 TON 185.00$ 9,435.00$ 155.00$ 7,905.00$ 220.00$ 11,220.00$ 145.00$ 7,395.00$
37 2" Asphaltic Concrete Structural Course Type S-
3
220 TON 150.00$ 33,000.00$ 150.00$ 33,000.00$ 156.00$ 34,320.00$ 115.00$ 25,300.00$
38 8" Roadway Base (LBR 100) 3,450 SY 21.00$ 72,450.00$ 25.00$ 86,250.00$ 20.00$ 69,000.00$ 15.20$ 52,440.00$
39 12" Stabilized Subgrade (LBR-40) 3,920 SY 15.00$ 58,800.00$ 9.00$ 35,280.00$ 10.00$ 39,200.00$ 3.90$ 15,288.00$
40 Drop Cloth (FDOT Index 300) 83 LF 36.00$ 2,988.00$ 28.00$ 2,324.00$ 20.00$ 1,660.00$ 22.00$ 1,826.00$
41 Straight Curb (City Index)2,164 LF 13.00$ 28,132.00$ 24.00$ 51,936.00$ 24.00$ 51,936.00$ 16.00$ 34,624.00$
42 Valley Gutter Curb (City Index)371 LF 32.00$ 11,872.00$ 26.00$ 9,646.00$ 18.00$ 6,678.00$ 16.00$ 5,936.00$
43 Type 1 Curb (City Index) 279 LF 30.00$ 8,370.00$ 26.00$ 7,254.00$ 25.00$ 6,975.00$ 16.00$ 4,464.00$
44 4" Concrete Sidewalk 4,300 SF 4.00$ 17,200.00$ 4.00$ 17,200.00$ 8.00$ 34,400.00$ 3.65$ 15,695.00$
45 Pedestrian Ramps w/Detectable Warning 9 EA 1,200.00$ 10,800.00$ 950.00$ 8,550.00$ 450.00$ 4,050.00$ 960.00$ 8,640.00$
46 Concrete Walk Restoration (In Kind)80 SF 23.00$ 1,840.00$ 5.00$ 400.00$ 15.00$ 1,200.00$ 8.00$ 640.00$
47 Driveway Restoration (In Kind)270 SY 65.00$ 17,550.00$ 47.00$ 12,690.00$ 72.00$ 19,440.00$ 46.00$ 12,420.00$
48 Plugging & Abandon In-Place & Grouting 48",
42" & 36" Storm Pipe Including 4 Structures
590 CY 137.00$ 80,830.00$ 150.00$ 88,500.00$ 100.00$ 59,000.00$ 285.00$ 168,150.00$
Attachment number 4 \nPage 2 of 4
Item # 15
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
MYRTLE AVENUE/SEMINOLE STREET STORMWATER PROJECT (10-0035-EN)
BID OPENING - TUESDAY, MAY 14, 2013 AWARD - THURSDAY, JUNE 06, 2013
KAMMINGA & ROODVOETS
5219 Cone Road
Tampa, FL 33610
AJAX PAVING INDUSTRIES OF
FL. LLC
510 Gene Green Rd.
Nokomis, FL 34275
METRO EQUIP. SERV., INC.
9415 SW 72ND St.
Miami, FL 33173
MTM CONTRACTORS, INC.
6550 - 53rd St. No.
Pinellas Park, FL 33781
Stormwater Subtotal 1,192,842.00$ 1,125,707.00$ 1,554,237.30$ 1,130,289.80$
49 15% Stormwater Contingency 1 LS 178,926.30$ 168,856.05$ 233,135.60$ 169,543.47$
Total Stormwater 1,371,768.30$ 1,294,563.05$ 1,787,372.90$ 1,299,833.27$
UTILITIES
WATER
50 Water Services 10 EA 1,300.00$ 13,000.00$ 280.00$ 2,800.00$ 275.00$ 2,750.00$ 850.00$ 8,500.00$
51 6" Water Main D.I.P. @ Eldridge St.325 LF 72.00$ 23,400.00$ 60.00$ 19,500.00$ 60.00$ 19,500.00$ 83.00$ 26,975.00$
52 6" Water Main PVC DR-18 - Penn Ave.
Between Palmetto St. & Nicholson)
550 LF 40.00$ 22,000.00$ 32.00$ 17,600.00$ 60.00$ 33,000.00$ 28.57$ 15,713.50$
53 Abandon plug & cap existing 6" Water Main on
Pennsylvania Ave. including linestops @
Nicholson Ave. & Metto St.
1 LS 6,400.00$ 6,400.00$ 9,000.00$ 9,000.00$ 2,000.00$ 2,000.00$ 10,800.00$ 10,800.00$
54 6 x 6" Tapping Sleeve & Valve 5 EA 2,800.00$ 14,000.00$ 3,100.00$ 15,500.00$ 4,000.00$ 20,000.00$ 2,700.00$ 13,500.00$
55 6" GV including Tie-In @ Existing Water Main
@ Eldridge & Vine including Line Stop
1 LS 12,000.00$ 12,000.00$ 2,500.00$ 2,500.00$ 10,000.00$ 10,000.00$ 6,750.00$ 6,750.00$
56 2" Casing for water service on Pennsylvania
Ave. & Eldridge Ave.
124 LF 20.00$ 2,480.00$ 15.00$ 1,860.00$ 6.00$ 744.00$ 22.00$ 2,728.00$
57 6" Ductile Iron (DI) Water Main 150 LF 69.00$ 10,350.00$ 40.00$ 6,000.00$ 50.00$ 7,500.00$ 104.00$ 15,600.00$
Subtotal Water 103,630.00$ 74,760.00$ 95,494.00$ 100,566.50$
58 Water Contingency 15%1 LS 15,544.50$ 11,214.00$ 14,324.10$ 15,084.98$
Total Water 119,174.50$ 85,974.00$ 109,818.10$ 115,651.48$
Attachment number 4 \nPage 3 of 4
Item # 15
BID ITEMS QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
MYRTLE AVENUE/SEMINOLE STREET STORMWATER PROJECT (10-0035-EN)
BID OPENING - TUESDAY, MAY 14, 2013 AWARD - THURSDAY, JUNE 06, 2013
KAMMINGA & ROODVOETS
5219 Cone Road
Tampa, FL 33610
AJAX PAVING INDUSTRIES OF
FL. LLC
510 Gene Green Rd.
Nokomis, FL 34275
METRO EQUIP. SERV., INC.
9415 SW 72ND St.
Miami, FL 33173
MTM CONTRACTORS, INC.
6550 - 53rd St. No.
Pinellas Park, FL 33781
SEWER
59 6" PVC Sanitary Sewer Lateral including 5 two-
way Clean-Outs
100 LF 92.00$ 9,200.00$ 40.00$ 4,000.00$ 40.00$ 4,000.00$ 35.00$ 3,500.00$
60 Conflicts Manhole (Contingency Item)3 EA 4,100.00$ 12,300.00$ 2,600.00$ 7,800.00$ 1,500.00$ 4,500.00$ 2,700.00$ 8,100.00$
61 8" PVC SDR 35 Sanitary Sewer 600 LF 56.00$ 33,600.00$ 50.00$ 30,000.00$ 25.00$ 15,000.00$ 28.00$ 16,800.00$
Subtotal Sewer 55,100.00$ 41,800.00$ 23,500.00$ 28,400.00$
62 Sewer Contingency 15%1 LS 8,265.00$ 6,270.00$ 3,525.00$ 4,260.00$
Total Sewer 63,365.00$ 48,070.00$ 27,025.00$ 32,660.00$
RECLAIMED WATER
63 Relocation of 20" D.I.P. Reclaimed Water Main
@ Seminole & Vine Ave.
1 LS 13,000.00$ 13,000.00$ 25,000.00$ 25,000.00$ 19,000.00$ 19,000.00$ 20,260.00$ 20,260.00$
64 6" Reclaimed Water Main (Contingency Item)150 LF 84.00$ 12,600.00$ 40.00$ 6,000.00$ 20.00$ 3,000.00$ 18.00$ 2,700.00$
Subtotal Reclaimed 25,600.00$ 31,000.00$ 22,000.00$ 22,960.00$
65 Reclaimed Water Contingency 15% 1 LS 3,840.00$ 4,650.00$ 3,300.00$ 3,444.00$
Total Reclaimed Water 29,440.00$ 35,650.00$ 25,300.00$ 26,404.00$
Subtotal Utilities 184,330.00$ 147,560.00$ 140,994.00$ 151,926.50$
Total Utilities Contingency LS 27,649.50$ 22,134.00$ 21,149.10$ 22,788.98$
Total Utilities 211,979.50$ 169,694.00$ 162,143.10$ 174,715.48$
Subtotal 1,377,172.00$ 1,273,267.00$ 1,695,231.30$ 1,282,216.30$
Total Contingency 206,575.80$ 190,990.05$ 254,284.70$ 192,332.45$
Total Contract 1,583,747.80$ 1,464,257.05$ 1,949,516.00$ 1,474,548.75$
Attachment number 4 \nPage 4 of 4
Item # 15
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Reappoint Mary A. van Weezel to the Library Board with term to expire June 30, 2017.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Judith McSwine
MEETING DATES: Quarterly
PLACE: Main Library
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES
REAPPOINTMENT FOR A NEW TERM:
1. Mary A. van Weezel – 1290 Gulf Blvd., #1408, 33767 – Retired/Educator
Original Appointment: 6/4/09
(0 absences in the last year)
Interested in Reappointment: Yes (1st term to expire 6/30/13)
At this time there are no other nominees on file.
Zip codes of current members on board:
3 at 33756
1 at 33763
1 at 33764
2 at 33767
Review Approval:1) Clerk
Cover Memo
Item # 16
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name: Mary A. van Weezel
Home Address: Office Address:
1290 Gulf Blvd. #1408
Clearwater Zip 33767 Zip
Telephone: 727-595-7462 Telephone:
Cell Phone: 973-222-4049 E-mail Address:maryvanw2 @gmail.com
How long a resident of Clearwater? 7 years full-time
Occupation: Retired Employer:
Field of Education: Other Work Experience:
BA History Liberty Mutual Insurance Supervisor
MA Social Sciences Suffolk Co. (NY) Div. of Social Services
If retired, former occupation: Educator-Secondary Level
Community Activities: Clearwater Library Advisory Board, CPD Volunteer (5 yrs.), Clearwater
City Volunteer, Miniature Art Society of Florida (Board of Directors 3 years), Friends of
Clearwater Library, Clearwater Library Foundation, Clearwater Community Sailing Center
Other Interests: Gardening, camping, kayaking, travel, reading
Board Service (current and past): Board Preference:
Clearwater Library Advisory Board- Vice-chairperson Clearwater Library Advisory Board
MASF Board of Directors (3 years)
Ringwood (NJ) Library Bd. of Directors RECEIVED
Suffern (NY) Ambulance Corps Bd. Directors
Additional Comments:APR 2!'i 2E13
07 101-1AL R CORDS AND
leISLATAfil S YVCS DEFTSignature!' Date: 4-27-2013
s/Ma , A. van Weeze
See attached list for boards that require financial disclosure at time of appointment. Please
return this application and board questionnaire to the Official Records & Legislative Services
Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City
Hall, 2nd Floor, 112 S. Osceola Avenue.
Attachment number 1 \nPage 1 of 2
Item # 16
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilitie?
Act as advisory, liason and focus group to meet expanding community needs for
modern library services, and to advocate positive roles of the Library and City in
meeting those needs. Facilitate positive City, State and Community interaction.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV
station?
As current Board member, I attend Library Advisory Board meetings and activities.
3. What background and/or qualifications do you have that you feel would qualify you to serve
on this Board?
Current experience on Clearwater Library Advisory Board, Library Board of Directors in
Ringwood (NJ), and background in education and research.
4. Why do you want to serve on this Board?
Continue to facilitate interaction with City of Clearwater and citizens relative to access
and use of basic, essential and enhanced library and community services, essential to
modern needs and requirements of all age groups.
Name:_Mary A. van We el 4, , ,i,
Board Name:_Library Advisory Board
Attachment number 1 \nPage 2 of 2
Item # 16
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Amend Division 4 of the Clearwater Code of Ordinances, relating to the powers of the Municipal Code Enforcement Board, amending
the powers and duties of the Board, and pass Ordinance 8431-13 on first reading.
SUMMARY:
Amendments to Section 316.0083, Florida Statutes, contained in House Bill 7125, provide the registered owner of a
motor vehicle or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red
light being monitored by a “traffic infraction detector” with the option of requesting a hearing before a “local hearing
officer” to contest a notice of violation issued pursuant to Section 316.0083, Florida Statutes.
Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a “local
hearing officer” as defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant
to Section 316.0083.
Section 316.003(91), Florida Statutes, authorizes a municipality to use its currently appointed code enforcement board
as the “local hearing officer.”
This ordinance shall amend the powers and duties of the City’s Municipal Code Enforcement Board to allow it to hear,
as “a local hearing officer,” not only violations based upon the Development Code, but also the Clearwater Code of
Ordinances and Florida State Statutes, where applicable.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 17
Ordinance No. 8431-13
ORDINANCE NO. 8431-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING DIVISION 4, CODE ENFORCEMENT BOARD,
CLEARWATER DEVELOPMENT CODE, CLARIFYING THE
POWERS AND DUTIES THE CODE ENFORCEMENT BOARD
MAY PERFORM ON BEHALF OF THE CITY OF CLEARWATER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, amendments to Section 316.0083, Florida Statutes, contained in
House Bill 7125, provide the registered owner of the motor vehicle or the person in
physical control of the motor vehicle at the time the motor vehicle failed to stop at a red
light being monitored by a “traffic infraction detector” with the option of requesting a
hearing before a “local hearing officer” to contest a notice of violation issued pursuant to
Section 316.0083, Florida Statutes; and
WHEREAS, Section 316.0083, Florida Statutes, requires the municipality issuing
the notice of violation to designate a “local hearing officer” as defined in Section
316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to
Section 316.0083; and
WHEREAS, Section 316.003(91), Florida Statutes, authorizes a municipality to
use its currently appointed code enforcement board as the “local hearing officer”; and
WHEREAS, this ordinance shall clarify the powers and duties of the City’s
Municipal Code Enforcement Board to allow it to hear, as “a local hearing officer,” not
only violations based upon the Clearwater Development Code, but also the Clearwater
Code of Ordinances and Florida State Statutes, where applicable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Division 4, Code Enforcement Board, Section 5-401be amended
by adding the underlined language as follows:
Section 5-401. - Powers and duties.
There is hereby created a code enforcement board for the city to perform the
following powers and duties:
POWERS & DUTIES APPLICABLE
PROCEDURES
Conduct hearings in regard to violations of this Development Code, the
Clearwater Code of Ordinances, and Florida Statutes, where
applicable
Article 7
Section 7-102
Attachment number 1 \nPage 1 of 2
Item # 17
Ordinance No. 8431-13
Adopt rules for the conduct of its meetings
Issue subpoenas to alleged violators and witnesses Article 7
Section 7-102
Subpoena evidence to its hearings Article 7
Section 7-102
Take testimony under oath Article 7
Section 7-102
Issue orders following a hearing regarding a violation of this
Development Code, the Clearwater Code of Ordinances, and Florida
Statutes, where applicable
Article 7
Section 7-102
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 17
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Designate the Municipal Code Enforcement Board as the local hearing officer, for the purpose of conducting hearings related to a
Notice of Violation issued pursuant to Section 316.0083, Florida Statutes; designate the City Clerk and staff of Official Records and
Legislative Services to serve as the clerk to the local hearing officer and adopt Resolution 13-14.
SUMMARY:
House Bill 7125 was adopted by the Florida Legislature and will become effective on July 1, 2013. The
House Billamends Section 316.0083, Florida Statutes, to provide the registered owner of the motor vehicle
or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light
being monitored by a “traffic infraction detector” with the option of requesting a hearing before a “local
hearing officer” to contest a notice of violation issued pursuant to Section 316.0083, Florida Statutes.
Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a
“local hearing officer” as defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a
hearing pursuant to Section 316.0083 and authorizes a municipality to use its currently appointed code
enforcement board as the “local hearing officer.”
Section 316.0083(5)(e), Florida Statutes, authorizes the “local hearing officer” at the conclusion of the
hearing to require the violator to pay municipal costs not to exceed $250 in addition to the $158 penalty if
the notice of violation is upheld.
Section 318.15(3) Florida Statutes, requires the clerk of the court to notify the Florida Department of
Highway Safety and Motor Vehicles of persons who requested a hearing before the “local hearing officer”
and failed to either pay the penalty and costs or appear at a scheduled hearing before the “local hearing
officer”; and Section 318.15(3)(a) Florida Statutes, requires the Florida Department of Highway Safety and
Motor Vehicles to refrain from issuing a license plate or revalidation sticker for any motor vehicle owned or
co-owned by a violator who failed to either pay the penalty and costs or appear at a scheduled hearing
before the “local hearing officer” until the violator pays the amounts that are owed.
Section 316.0083(5)(b), Florida Statutes, requires the municipality by resolution to designate existing staff of
the municipality to serve as the clerk to the “local hearing officer.”
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 18
Resolution 13-14
RESOLUTION NO.13-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, DESIGNATING THE MUNICIPAL
CODE ENFORCEMENT BOARD AS THE “LOCAL HEARING
OFFICER” FOR THE PURPOSE OF CONDUCTING
HEARINGS RELATED TO A NOTICE OF VIOLATION
ISSUED PURSUANT TO SECTION 316.0083, FLORIDA
STATUTES; DESIGNATING THE CLERK AND STAFF OF
THE OFFICE OF OFFICIAL RECORDS & LEGISLATIVE
SERVICES TO SERVE AS THE CLERK TO THE “LOCAL
HEARING OFFICER”; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, House Bill 7125 was adopted by the Florida Legislature and will
become effective on July 1, 2013; and
WHEREAS, amendments to Section 316.0083, Florida Statutes, contained in House
Bill 7125, provide the registered owner of the motor vehicle or the person in physical control
of the motor vehicle at the time the motor vehicle failed to stop at a red light being
monitored by a “traffic infraction detector” with the option of requesting a hearing before a
“local hearing officer” to contest a notice of violation issued pursuant to Section 316.0083,
Florida Statutes; and
WHEREAS, Section 316.0083, Florida Statutes, requires the municipality issuing the
notice of violation to designate a “local hearing officer” as defined in Section 316.003(91),
Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083; and
WHEREAS, Section 316.003(91), Florida Statutes, authorizes a municipality to use
its currently appointed code enforcement board as the “local hearing officer”; and
WHEREAS, Section 316.0083(5)(e), Florida Statutes, authorizes the “local hearing
officer” at the conclusion of the hearing to require the violator to pay municipal costs not to
exceed $250 in addition to the $158 penalty if the notice of violation is upheld; and
WHEREAS, Section 318.15(3) Florida Statutes, requires the clerk of the court to
notify the Florida Department of Highway Safety and Motor Vehicles of persons who
requested a hearing before the “local hearing officer” and failed to either pay the penalty
and costs or appear at a scheduled hearing before the “local hearing officer”; and
WHEREAS, Section 318.15(3)(a) Florida Statutes, requires the Florida Department
of Highway Safety and Motor Vehicles to refrain from issuing a license plate or revalidation
sticker for any motor vehicle owned or coowned by a violator who failed to either pay the
penalty and costs or appear at a scheduled hearing before the “local hearing officer” until
the violator pays the amounts that are owed; and
Attachment number 1 \nPage 1 of 2
Item # 18
2 Resolution 13-14
WHEREAS, Section 316.0083(5)(b), Florida Statutes, requires the municipality by
resolution to designate existing staff of the municipality to serve as the clerk to the “local
hearing officer”; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater hereby designates the Municipal
Code Enforcement Board of the City of Clearwater as the “local hearing officer” to conduct
hearings related to a notice of violation issued pursuant to Section 316.0083, Florida
Statutes, and designates the clerk and staff of the Office of Official Records & Legislative
Services to serve as the clerk to the Municipal Code Enforcement Board.
Section 2. This resolution shall take effect on July 1, 2013.
PASSED AND ADOPTED this _______ day of _____________, 2013.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 18
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8395-13 on second reading, annexing certain real property whose post office address is 1305 Woodbine Street, into
the corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 19
Ordinance No. 8395 -13
ORDINANCE NO. 8395-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF WOODBINE STREET
APPROXIMATELY 66 FEET EAST OF NORTH BETTY
LANE, CONSISTING OF LOT 8, BLOCK C, PINE RIDGE,
WHOSE POST OFFICE ADDRESS IS 1305 WOODBINE
STREET, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 8, Block C, Pine Ridge, according to the map or plat thereof as recorded
in Plat Book 28, Page 98, of the Public Records of Pinellas County, Florida
(ANX2013-01003)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 19
Ordinance No. 8395 -13
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ ________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 19
Attachment number 2 \nPage 1 of 1
Item # 19
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8396-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1305 Woodbine Street, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:
Cover Memo
Item # 20
Ordinance No. 8396-13
ORDINANCE NO. 8396-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF WOODBINE STREET APPROXIMATELY 66
FEET EAST OF NORTH BETTY LANE, CONSISTING OF LOT 8,
BLOCK C, PINE RIDGE, WHOSE POST OFFICE ADDRESS IS
1305 WOODBINE STREET, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 8, Block C, Pine Ridge, according to the map or Residential Low (RL)
Plat thereof as recorded in Plat Book 28, Page 98,
Public Records of Pinellas County, Florida
(ANX2013- 01003)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8395 -13.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 20
Attachment number 2 \nPage 1 of 1
Item # 20
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8397-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1305 Woodbine Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 21
Ordinance No. 8397-13
ORDINANCE NO. 8397-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF WOODBINE STREET
APPROXIMATELY 66 FEET EAST OF NORTH BETTY
LANE, CONSISTING OF LOT 8, BLOCK C, PINE RIDGE,
WHOSE POST OFFICE ADDRESS IS 1305 WOODBINE
STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 8, Block C, Pine Ridge, according to the map or Low Medium Density
Plat thereof as recorded in Plat Book 28, Page 98, Residential (LMDR)
Public Records of Pinellas County, Florida
(ANX2013-01003)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8395-13
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
Attachment number 1 \nPage 1 of 2
Item # 21
Ordinance No. 8397-13
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 21
Attachment number 2 \nPage 1 of 1
Item # 21
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8402-13 on second reading, amending the Community Development Code by amending Article 3, Section 3-1806 to
allow signs within public rights-of-way to provide wayfinding during public construction projects and amending Article 6, Section 6-
109 to allow terminated height to be rebuilt in certain circumstances and to clarify that the termination of nonconforming density runs
with the land instead of with a site plan approval.
SUMMARY:
Review Approval:
Cover Memo
Item # 22
ORDINANCE NO. 8402-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18,
SIGNS, SECTION 3-1806 SIGNS PERMITTED WITHOUT A PERMIT,
TO ALLOW SIGNS WITHIN PUBLIC RIGHTS-OF-WAY TO PROVIDE
WAYFINDING DURING PUBLIC CONSTRUCTION PROJECTS;
AMENDING ARTICLE 6, SECTION 6-109, TERMINATION OF STATUS
AS A NONCONFORMITY, TO ALLOW TERMINATED HEIGHT TO BE
REBUILT IN CERTAIN CIRCUMSTANCES AND TO CLARIFY THAT
THE TERMINATION OF NONCONFORMING DENSITY RUNS WITH
THE LAND INSTEAD OF WITH A SITE PLAN APPROVAL; CERTIFYING
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, U.S. Highway 19 is being redesigned and certain east-west connections will
be eliminated and traffic circulation patterns changed;
WHEREAS, it would be in the public interest to help the driving public adapt to such
changed traffic circulation patterns;
WHEREAS, temporary wayfinding signage may be appropriate in certain circumstances
due to significant changes in the roadway network;
WHEREAS, upon review of the termination of status of nonconformities provisions, it is
evident that the language should be clarified;
WHEREAS, it would be appropriate to clarify that terminated nonconforming densities
run with the land provided certain improvements are made;
WHEREAS, the City of Clearwater desires to allow terminated nonconforming height to
be reconstructed in limited circumstances;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, Development Standards, Division 18, Signs, Section 3-
1806, of the Community Development Code, is hereby amended as follows:
Section 3-1806.U. Signs during public construction projects. The following signage shall be
allowed in conjunction with public construction projects that are scheduled to last 180 days or longer.
1. Temporary sidewalk signs are permitted for properties abutting qualifying public construction
projects that are scheduled to last 180 days or longer, in accordance with the following criteria.
Attachment number 1 \nPage 1 of 5
Item # 22
Ordinance No. 8402-13 Page 2
1. a. There shall be a maximum of two sidewalk signs permitted per parcel adjacent to the public
construction project, and parcels with multiple businesses shall coordinate copy on the
signs permitted.
2. b. Sidewalk signs permitted under this section shall be allowed to be displayed for the duration
of the public construction project starting with project commencement and shall be removed
within seven days after the final acceptance, by the city, of improvements.
3. c. The size of any sidewalk sign shall not exceed eight square feet in total sign face area, and
shall not exceed four feet in height.
4. d. Sidewalk signs permitted under this section shall be constructed in a professional and
workmanlike manner from treated wood or other durable material, and copy displayed shall
not be spray painted onto the signs.
5. e. No sidewalk sign, permitted as part of this section shall be permanently erected, and shall
only be displayed during hours of operation for the business being advertised.
6. f. No sidewalk sign shall be placed so as to block any public way, or within the visibility triangle
of intersections or driveways.
2. Temporary wayfinding signs may be permitted on publicly owned land or easements or inside
public rights-of-way if the City Manager finds that there is a qualifying public construction project
that results in a permanent and significant change to the existing traffic circulation patterns within
the construction project limits. Such signage shall comply with the following criteria:
a. Temporary wayfinding signs shall not be erected prior to the commencement of the public
construction project and shall be removed after the conclusion of the project when the City
Engineer determines that the traveling public has had sufficient time to adjust to the new
circulation patterns.
b. Temporary wayfinding signs shall not exceed eight square feet in area and twelve feet in
height.
c. The number and location of temporary wayfinding signs shall be determined by the City
Engineer and shall serve to notify and help motorists navigate a new traffic circulation
pattern. In determining the appropriate number of signs, the City Engineer shall consider the
nature of the changed pattern, the uses and the number of properties directly impacted by
such changed patterns.
Attachment number 1 \nPage 2 of 5
Item # 22
Ordinance No. 8402-13 Page 3
d. The owner(s) of a parcel of land, shopping center including all outparcels, or office building
directly affected by the changed traffic circulation pattern may request to be included on such
wayfinding signs.
e. Temporary wayfinding signs shall not conceal or obstruct adjacent land uses or signs, shall
not interfere with or obstruct the vision of motorists, bicyclists or pedestrians.
f. The city shall design, fabricate, install and remove all temporary wayfinding signs and the
owners(s) of property referenced on the signs shall reimburse the City for those costs. Such
signs shall be installed and maintained in a safe manner.
g. The City of Clearwater retains all rights of removal for temporary wayfinding signs.
Section 2. That Article 6, Nonconformity Provisions, Division 6-109 of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 6-109. Termination of status as a nonconformity.
A. A nonconforming use or structure may be deemed to be in conformity with this Development
Code, and may thereafter be allowed to continue and to expand as a lawfully existing use or
structure, if such use or structure is granted level two approval in accordance with the provisions
this section.
B. A structure which is nonconforming with respect to density may be reconstructed on the same
parcel with the same density provided Level Two approval that:
1. Such reconstruction complies with all other requirements of this Community Development
Code; and
2. Such reconstruction does not constitute change in use.
A structure which is nonconforming with respect to density/intensity may be deemed to be in
conformity with this Development Code and may thereafter be allowed to continue, to expand or
be reconstructed provided such termination of nonconforming density/intensity is granted
through a Level Two approval. Additionally a site plan shall be submitted concurrently for review
and approval by the Community Development Board that demonstrates compliance with the
following:
1. If the existing structure is to remain or be expanded, such required site plan shall
demonstrate compliance with the provisions set forth in Section 6-109.C below. All required
improvements shall be completed within one year of the issuance of the Level Two
development order approval or the termination will be null and void.
2. If reconstruction of the nonconforming density/intensity is proposed, the required Level One
or Level Two application shall be submitted in conjunction with the Level Two termination
request and shall demonstrate compliance with the provisions of this Community
Development Code. In the event such reconstruction does not occur within the timeframe
specified in the development order granting the termination, such property shall comply with
Attachment number 1 \nPage 3 of 5
Item # 22
Ordinance No. 8402-13 Page 4
the provisions set forth in Section 6-109.C below within one year of the expiration of the
development order or the termination of nonconformity will be null and void.
3. If the required improvements or reconstruction authorized in any development order granted
pursuant to 6-109.B. 1 or 2 above are constructed, the nonconforming density/intensity shall
be deemed legal and shall run with the land. Any future redevelopment utilizing this
density/intensity shall comply with the provisions of the Community Development Code in
effect at that time.
4. Should the improvements on a property be demolished during the valid timeframe of a
development order terminating nonconforming density/intensity pursuant to this section and
the property is vacant, the property shall be deemed to be in compliance with these
provisions and such termination of nonconforming density/intensity shall be vested and run
with the land.
5. Any terminated nonconforming units/floor area granted through Section 6-109.B. 1 or 2
above shall not be transferred to another site or converted for another use.
C. A level two approval shall not be granted to terminate status as a nonconforming use or
structure unless the nonconformity is improved according to the following requirements:
1. Perimeter buffers conforming to the requirements of Section 3-1202(C D) shall be installed.
2. Off-street parking lots shall be improved to meet the landscaping standards established in
Section 3-1202(D E).
3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use
located on the lot shall be terminated, removed or brought into conformity with this
development code.
4. The comprehensive landscaping and comprehensive sign program may be used to satisfy
the requirement of this section.
5. The use and structure complies with the general standards for Level One and Level Two
approvals set forth in Section 3-914.
D. Any property located in the Downtown District that has been subject to a termination of
nonconformity with regard to building height may reconstruct such height if approved by the
Community Development Board as Level Two approval in accordance with the following criteria:
1. The reconstruction complies with all other requirements of this Community Development
Code and the Clearwater Downtown Redevelopment Plan; and
2. The reconstruction of such increased height would not negatively impact the surrounding
area; and
3. The design of the proposed project creates a form and function which enhances the
community character of the immediate vicinity of the parcel proposed for development and
complies with the Downtown Design Guidelines; and
4. The intended vision for the character district in which the property is located would be met.
Attachment number 1 \nPage 4 of 5
Item # 22
Ordinance No. 8402-13 Page 5
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____May 16, 2013_____________
AS AMENDED
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 5 of 5
Item # 22
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8419-13 on second reading, amending Ordinance 6931-02, which amended Ordinance 6378-13, restating the
definition of “Reserve Requirement” as pertains to municipal bonds.
SUMMARY:
Review Approval:
Cover Memo
Item # 23
Ordinance No. 8419-13
ORDINANCE NO. 8419-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE NO. 6931-02, WHICH AMENDED
ORDINANCE NO. 6378-99 TO RESTATE CERTAIN
DEFINITIONS THEREIN; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted
pursuant to Chapter 166, Part II, Florida Statutes, the charter of the City of Clearwater,
Ordinance Nos. 6378-99 and 6931-02 and other applicable provisions of law.
SECTION 2. DEFINITIONS. The following definition set forth in Ordinance No. 6378-
99, as amended by Ordinance No. 6931-02 is hereby amended to read as follows (additional
language is underlined and deleted language is indicated with [brackets]):
“Reserve Requirement” [shall be,] for each Series of Bonds issued on or after the effective date
of this Ordinance shall be as determined by subsequent resolution of the Issuer, and with
respect to each Series of Bonds [.] issued and outstanding before the effective date of this
Ordinance, [T]the lesser of (i) the Maximum Bond Service Requirement for such Series of
Bonds, (ii) 125% of the Average Annual Bond Service Requirement of such Series of Bonds, or
(iii) the largest amount as shall not adversely affect the exclusion of interest on [the] such Series
of Bonds from gross income for Federal income tax purposes.
SECTION 3. EFFECTIVE DATE. The provisions of this Ordinance shall take effect
upon its enactment, as required by law.
SECTION 4. PUBLIC NOTICE. Notice of the proposed enactment of this Ordinance has
been properly advertised in a newspaper of general circulation in accordance with Chapter
166.041, Florida Statutes.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 23
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Approve setting a special election on November 5, 2013 to present a referendum question to the city electors amending the Charter of
the City to allow a 60 year lease to the Clearwater Marine Aquarium on certain city owned real property located west of Osceola
Avenue, east of the unimproved right-of way of Pierce Boulevard, north of Pierce St. and south of Cleveland Street for construction of
an aquarium, and pass Ordinance 8418-13 on first reading.
SUMMARY:
Clearwater Marine Aquarium (CMA) located on Island Estates and Winter’s Dolphin Tale Adventure (WDTA)
located in downtown are major tourist attractors for the City of Clearwater. The CMA has outgrown its
current facilities and needs to build a new facility in order to accomplish its mission to preserve marine life
and the environment while inspiring the human spirit through leadership in education, research, rescue,
rehabilitation and release.
The CMA proposes to lease for 60 years, certain city-owned real property located west of Osceola Avenue,
east of the unimproved right-of way of Pierce Boulevard, north of Pierce Street and south of Cleveland
Street generally referred to as the City Hall Property. A number of sections of the City Charter prohibit
leasing of this city owned property without a referendum.
The City of Clearwater has incorporated within its comprehensive plan, a future land use element requiring
that redevelopment activities be sensitive to the City’s waterfront and promote public access to the City’s
waterfront resources, and a coastal management element encouraging the preservation of recreational and
commercial working waterfronts, marinas, and other water-dependent facilities. A new Clearwater
Aquarium in downtown Clearwater will facilitate the City achieving its long-term plans for redeveloping and
revitalizing its downtown and creating a master plan for Coachman Park.
Therefore, in order to allow the use of the property for an aquarium and allow a 60 year lease term, an
amendment to the City Charter to add a new section 2.01(d)(8) is recommended.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 24
Ordinance No. 8418-13
ORDINANCE NO. 8418-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 5, 2013; SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CLEARWATER CITY
CHARTER TO CREATE A NEW SECTION 2.01(d)(8)
FOR THE PURPOSE OF AUTHORIZING THE CITY TO
NEGOTIATE AND ENTER INTO A LEASE FOR A TERM
NOT TO EXCEED 60 YEARS WITH THE CLEARWATER
MARINE AQUARIUM FOR THE CONSTRUCTION OF AN
AQUARIUM AND ASSOCIATED IMPROVEMENTS ON CERTAIN
MUNICIPALLY OWNED REAL PROPERTY LOCATED IN THE
DOWNTOWN, GENERALLY: WEST OF OSCEOLA AVENUE,
EAST OF THE UNIMPROVED PIERCE BOULEVARD RIGHT-OF-
WAY BETWEEN CLEVELAND STREET AND PIERCE STREET;
PROVIDING FOR A REFERENDUM ELECTION TO BE PAID FOR
BY THE CLEARWATER MARINE AQUARIUM; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Clearwater Marine Aquarium, Inc. (CMA) is a 501(c)(3) not for
profit corporation located in Clearwater, Florida; and
WHEREAS, it is CMA’s mission to preserve our marine life and environment
while inspiring the human spirit through leadership in education, research, rescue,
rehabilitation, and release; and
WHEREAS, since the 1970s CMA has provided the citizens of Clearwater with a
permanent marine biology learning center focused on preservation , rehabilitation, and
education regarding marine life; and
WHEREAS, in 1978 the City of Clearwater donated CMA’s current location, a
former water treatment plant on Island Estates, to provide more space for CMA to
accomplish its mission; and
WHEREAS, today, CMA is an internationally respected center for animal care,
public education and marine research; and
WHEREAS, in 2010 the major motion picture Dolphin Tale was filmed and
produced in Clearwater telling the story of Winter to millions of people across the world;
and
WHEREAS, an economic impact study completed by the University of South
Florida, St. Petersburg College of Business found Dolphin Tale will make between a
$2.1 and $4.9 billion dollar impact on the economy of Clearwater, St. Petersburg, and
Pinellas County; and
Attachment number 1 \nPage 1 of 7
Item # 24
2 Ordinance No. 8418-13
WHEREAS, the University of South Florida study found that 72.7% of tourists
visiting CMA are not related to the tourists visiting Clearwater but rather are exclusively
related to the movie-induced tourism generated by the Dolphin Tale movie; and
WHEREAS, CMA’s location on Island Estates and Winter’s Dolphin Tale
Adventure (WDTA) located in downtown are major tourism attractions for the City of
Clearwater; and
WHEREAS, In 2012 CMA attracted approximately 750,000 visitors to its Island
Estates location and more than 300,000 of these visited WDTA in downtown
Clearwater; and
WHEREAS, the City plans to demolish the Harborview Center on the Bluff which
currently houses WDTA so that the location can be used for other public uses; and
WHEREAS, CMA has outgrown its current facilities and needs to build a new
facility in order to accomplish its mission of marine mammal and marine animal rescue
and public education relating to environmental issues;
WHEREAS, Island Estates is a residential community and the footprint of CMA’s
Island Estates location is limited and cannot support WDTA should Harborview Center
be demolished; and,
WHEREAS, on March 5,2013, CMA made a presentation to the City Council
proposing the current City Hall location and associated property below the bluff as the
location of a new Clearwater Aquarium; and
WHEREAS, a new Clearwater Aquarium in downtown Clearwater may assist the
City achieving its long term plans for redeveloping and revitalizing its downtown; and
WHEREAS, the City of Clearwater has incorporated within its comprehensive
plan, a future land use element requiring that redevelopment activities be sensitive to
the City’s waterfront and promote public access to the City’s waterfront resources, and a
coastal management element encouraging the preservation of recreational and
commercial working waterfronts, marinas, and other water-dependent facilities; and
WHEREAS, the new CMA downtown Clearwater facility would house the primary
tourism and education components of the CMA mission, including the dolphins Winter
and Hope as well as other resident animals; and
WHEREAS, the Clearwater City Charter Section 2.01(d), Limitations,
contains certain limitations on the legislative power of the City Council; and
Attachment number 1 \nPage 2 of 7
Item # 24
3 Ordinance No. 8418-13
WHEREAS, the Clearwater City Charter Section 2.01(d)(5), Real Property,
contains certain restrictions on the Council's authority to sell, donate or otherwise
transfer City owned real property; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(i) provides that
property must be declared surplus prior to the sale, lease or donation for a term of
longer than five years; and
WHEREAS, the Clearwater City Charter Section 2.01(d}(5)(v) prohibits the lease
of property which is identified as recreation/open space on the City's
Comprehensive Land Use Plan without prior approval at referendum; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vi) prohibits
vacating of any right-of-way or easement which provides access to the water's
edge for a private benefit; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vii) prohibits the
lease of property for an initial term of more than 30 years and a renewal of more than
30 years without a referendum, and limits total lease for a period not to exceed 60
years; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(viii) requires
recapture and reverter clauses on leases of municipal property; and
WHEREAS, the Clearwater City Charter Section 2.01(d) (6) prohibits the
development or maintenance for other than as open space and public utilities of
certain property lying below the 28-foot mean sea level elevation of Osceola Avenue
on the east, Clearwater Harbor on the west, Drew Street on the north and Chestnut
Street on the south, and the Memorial Causeway without a referendum; and
WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property
bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street
on the south, and Clearwater Harbor on the west, and prohibits the lease, sale,
donation or use of the property for other than City facilities without a referendum; and
WHEREAS, the proposed Plan is attached hereto as Exhibit B; and
WHEREAS, CMA has purchased the parcel south of the current City Hall site
at great expense as a good faith expression of its intent to fulfill the Plan; and
WHEREAS, it is the intent that any lease between the City and CMA will fund
the costs of the development of a new sustainable City Hall; and
WHEREAS, The City Council has determined that it is necessary and in the
public interest and in furtherance of the general welfare of the citizens of Clearwater
Attachment number 1 \nPage 3 of 7
Item # 24
4 Ordinance No. 8418-13
to facilitate downtown redevelopment by entering into a 60 year lease of the property
generally referred to as the City Hall property generally located west of Osceola Ave.,
east of the unimproved Pierce Boulevard right-of-way, south of Cleveland St. and north
of Pierce St, (“City Property”) more particularly described in Exhibit “A” attached hereto,
with the CMA for redevelopment as an aquarium
; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The foregoing prefatory clauses are hereby fully incorporated
herein as findings of the City Council.
Section 2. In furtherance of the implementation of the project described or
identified in the Plan proposed by CMA, it is hereby proposed that Section
2.01(d) of the City Charter be amended to add a new Subsection (8) as
follows:
Section 2.01 Commission; composition; powers.
* * * * *
(d) Limitations. The legislative power provided herein shall have the
following limitations:
* * * * *
(8) Notwithstanding and as an exception to anything contained in
section 2.01 (d)(5),(6) and (7) herein, the City Council is authorized to:
(a) Negotiate and enter into a ground lease with the Clearwater Marine
Aquarium for an initial term of not to exceed 60 years for redevelopment of certain
municipally owned real property in the Downtown generally described as generally lying
west of Osceola Ave., east of the unimproved Pierce Boulevard right-of-way, south of
Cleveland St. and north of Pierce St, as more specifically described in Appendix C, for
compensation to be determined by City Council which may be less than fair market
value, for the purpose of construction, operation and maintenance of an aquarium as
specifically described herein.
(b) Negotiate and enter into a lease allowing the construction, operation and
maintenance of an Aquarium which shall not exceed 250,000 square feet and may
include the following components: Exhibit space including exhibit space for traveling
exhibits; Animal hospital including Surgical Suite and medical laboratory; Water Quality
laboratory; Classrooms and Community rooms; Food and catering facilities; Theaters;
Laundry facilities; Retail/Gift shop; Administrative offices; Video/film production
facilities; Mechanical space i.e. chiller, boiler, power generation; Chemical storage
Attachment number 1 \nPage 4 of 7
Item # 24
5 Ordinance No. 8418-13
rooms, dry and liquid; Life Support equipment rooms i.e. filters, pumps, ozonators,
backwash recovery systems, water storage; Saltwater pumping station; Driveways,
Delivery and loading and unloading zone, Pick-up/drop-off zone; and drainage facilities;
and such other functions as a typically associated with an aquarium of similar size.
(c) Grant necessary easements for driveways, utilities and salt water intake
and discharge as permitted by the appropriate agencies.
(d) Authorize relocation of the tennis courts to a location to be determined by
the City Council.
(e) If at any time prior to commencement of construction of the Aquarium,
CMA abandons the project or fails to meet material obligations under the lease, or if
the City Council does not approve a lease pursuant hereto on or before January 15th
2015 the exemptions contained in this §2.01(d)(8) shall expire and have no further
force and effect.
Section 3. A special City election is hereby called and will be held on November 5,
2013, for the consideration by the voters of the Ci ty of Clearwater of the
proposed Charter Amendment. CMA shall reimburse the City for the cost of the special
City election. The question to appear on the referendum ballot shall be as follows:
Lease of City Hall Property and Abutting City property to
Clearwater Marine Aquarium
Shall the Clearwater City Charter be amended by
adding Section 2.01(d)(8) to allow the City to negotiate
and enter into a lease with the Clearwater Marine
Aquarium, Inc. for the construction, operation and
maintenance of an aquarium on City owned property,
located west of Osceola Avenue, east of the unimproved
Pierce Boulevard right-of-way, north of Pierce Street and
south of Cleveland St., for a 60 year term all as described in
Ordinance 8418-13?
Yes _____
No ____
Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the
special election to be held on November 5, 2013.
Attachment number 1 \nPage 5 of 7
Item # 24
6 Ordinance No. 8418-13
Section 5. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon
approval of a majority of the City electors voting at the referendum election on
these issues and upon the filing of the Amended Charter with the Secretary of
State.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 6 of 7
Item # 24
7 Ordinance No. 8418-13
Attachment number 1 \nPage 7 of 7
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Item # 24
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Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 25
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
A goodbye presentation to Coastie as he leaves for SEGD for formal training on June 8. - Karen Miller, Division Commander, US Coast
Guard Auxiliary
SUMMARY:
Also attending:
Immediate Past Division Commander Jim Ryder
Floatilla Commander Peter Palmieri
Floatilla Vice Commander Manny Sosa
Captain John Turner
Chief Warrant Officer Steve McDonnell
Review Approval:
Cover Memo
Item # 26
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Humane Society Proclamation
SUMMARY:
Review Approval:
Cover Memo
Item # 27
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Clearwater High School Resource Officer Presentation - Mr. Mastorides, Clearwater High School Principal; Sgt. Michael Waleck,
Clearwater Police Department; and Officer Joshua Jewett, CHS Resource Officer
SUMMARY:
Review Approval:
Cover Memo
Item # 28
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Clearwater Central Catholic High School Baseball Team - Todd Vaughan, CCC Head Baseball Coach
SUMMARY:
Review Approval:
Cover Memo
Item # 29
Work Session
Council Chambers - City Hall
Meeting Date:6/3/2013
SUBJECT / RECOMMENDATION:
Mrs. Clearwater 2013-14 - Michelle Benetti
SUMMARY:
Review Approval:
Cover Memo
Item # 30