01/13/2014
WORK SESSION AGENDA
Council Chambers - City Hall
1/13/2014 - 1:00 PM
1. Presentations
1.1Service Awards
Attachments
2. Economic Development and Housing
2.1Certify that the Homeless Emergency Project, Inc., is consistent with local plans and regulations, and
qualifies under the State’s Enterprise Zone Community Contribution Tax Credit Program under Housing
for low-income persons in a non-enterprise location and adopt Resolution 14-01.
Attachments
2.2Approve the Business Maintenance and Continued Performance Agreement with MarineMax, Inc.,
which establishes certain conditions including capital investment, new job creation, minimum annual
average wage thresholds for new employees, and other considerations as required by the City’s
enactment authority and reflected in Ordinance 8535-14, and authorize the appropriate officials to
execute same. (consent)
Attachments
2.3Approve the Business Maintenance and Continued Performance Agreement with Skye Lane Properties,
LLC and Heritage Property and Casualty Insurance Company, which establishes certain conditions
including capital investment, new job creation, minimum annual average wage thresholds for new
employees, and other considerations as required by the City’s enactment authority and reflected in
Ordinance 8536-14, and authorize the appropriate officials to execute same. (consent)
Attachments
2.4Approve Skye Lane Properties, LLC for waivers and reimbursement of certain fees to encourage parking
area improvements, including the construction of a parking deck, at 2600/2650 McCormick Drive,
Clearwater, so as to provide certain public benefits including higher paying job opportunities and higher
intensity and density on the site which are consistent with the City’s Economic Development Strategic
Plan and US 19 Redevelopment Plan and adopt Resolution 14-03.
Attachments
3. Fire Department
3.1Approve the agreement between the Phillies Florida LLC and the City of Clearwater Fire and Rescue
Department to provide emergency medical services at Bright House Field for 2014 baseball events as
outlined in the agreement, and authorize the appropriate officials to execute same. (consent)
Attachments
4. Gas System
4.1Approve a Purchase Order (contract), in the amount of $1,932,652.50 and award bid 04-14 to Florida
Gas Contractors, Inc., for the Installation of Gas Mains and Service Lines for the period February 1, 2014
to January 31, 2015 and authorize the appropriate officials to execute same. (consent)
Attachments
4.2Approve an increase of $925,082 in the Clearwater Gas System Fiscal Year 2013/2014 Dividend to the
City General Fund and allocate $250,000 of this back to the Clearwater Gas System to speed the payoff
of the Clearwater Natural Gas Vehicle Fueling Station. (consent)
Attachments
5. Human Resources
5.1Approve the assignment of the City’s Employee Assistance Program (EAP) services under provider
MHNet Specialty Services, LLC to Aetna Behavioral Health, LLC to be effective July 1, 2014 and
authorize the appropriate officials to execute same. (consent)
Attachments
6. Marine and Aviation
6.1Authorize the Marine and Aviation Department Director to apply for and administer the Florida Fish and
Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant on
behalf of the City of Clearwater, and adopt Resolution 14-04.
Attachments
7. Parks and Recreation
7.1Approve a blanket purchase order (BPO) to Mid-Pinellas Umpire Assoc. for $200,000 to provide
umpiring and scorekeeper services for recreation leagues and tournaments held in Clearwater through
December 31, 2014 according to Bid 05-12. (consent)
Attachments
7.2Approve a Memorandum of Understanding (MOU) between the City of Clearwater and the Tampa Bay
Veterans Alliance (TBVA) for the purpose of formalizing the intent of the parties relating to the
responsibilities and obligations regarding the funding, fundraising, design, site selection, construction,
installation and maintenance of a proposed Veterans War Memorial at Crest Lake Park for a proposed
total project cost of $1.3 million of which the City will be responsible for 50% or $650,000, if TBVA is
successful in meeting their requirements of the MOU and authorize the appropriate officials to execute
same. (consent)
Attachments
7.3Approve Third Amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of
Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); and authorize the appropriate officials to execute
same. (consent)
Attachments
7.4Approve a five-year Agreement between Intelli-Mark Technologies, Inc. (ETIX) and the City of
Clearwater (City) to provide ticketing solutions for City Special Events comprising of advanced internet
ticket sales, box office sales, telephone sales, bulk ticket printing, support services, and ticket validation
components from February 1, 2014 to January 31, 2019, and authorize the appropriate officials to
execute same. (consent)
Attachments
8. Police
8.1Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for provision of
contractual victim advocacy services in the amount of $15,000, for the period commencing January 1,
2014 through December 31, 2014, and authorize the appropriate officials to execute same. (consent)
Attachments
8.2Approve the Combined Operational Assistance and Voluntary Cooperation Agreement with the City of
Tampa and the Tampa Police Department for law enforcement services for one year from the date of the
execution of the Agreement, with automatic renewal for each year thereafter until canceled by one of the
parties, and authorize the appropriate officials to execute same. (consent)
Attachments
9. Solid Waste/General Support Services
9.1Award a contract (Purchase Order) for $425,104.00 to Stingray Chevrolet for sixteen 2014 Chevy Tahoe
PPV Police Department vehicles, in accordance with 2.564(1)(d), Code of Ordinances-Other
Governmental Bid; authorize lease purchase under the City's Master Lease Purchase Agreement, or
internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be
in the City's best interests; and authorize the appropriate officials to execute same. (consent)
Attachments
10. Engineering
10.1Approve Change Order 2 to Kamminga and Roodvoets, Inc. of Tampa, Florida for the Mandalay Avenue
Stormwater Outfall project (11-0031-EN) in the amount of $195,720.00, for a new contract total of
$1,673,687.85 for completion of additional milling and paving and authorize the appropriate officials to
execute same. (consent)
Attachments
11. Planning
11.1Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to February 6, 2014.
(LUP2013-10006/REZ2013-10006)
Attachments
11.2Continue Public Hearing and First Reading of Land Use Ordinance 8513-14 to February 6, 2014.
(LUP2013-10006/REZ2013-10006)
Attachments
11.3Continue Public Hearing and First Reading of Land Use Ordinance 8514-14 to February 6, 2014.
(LUP2013-08005/REZ2013-08004)
Attachments
11.4Continue Public Hearing and First Reading of Land Use Ordinance 8515-14 to February 6, 2014.
(LUP2013-08005/REZ2013-08004)
Attachments
11.5Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Residential
Medium (RM), Preservation (P), and Drainage Feature Overlay and initial Zoning Atlas designations of
Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P)
districts for 1881 Diane Drive; 1750 Evans Drive; 2719 and 2725 Morningside Drive; 1761 Owen Drive;
1801 Skyland Drive; 2743/2745 South Drive; 2751/2753 South Drive; 1819 Carlton Drive; 2715 and
2718 Woodring Drive; and 1753 Lucas Drive (all parcels are located in Section 05, Township 29 South,
Range 16 East), together with certain abutting rights of way of: Morningside Drive, Woodring Drive,
Diane Drive, South Drive and Evans Drive; and pass Ordinances 8530-14, 8531-14 and 8532-14 on first
reading.(ATA2013-11002)
Attachments
11.6Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial
Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1944 Macomber
Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of
Macomber Avenue; and pass Ordinances 8527-14, 8528-14 and 8529-14 on first reading. (ANX2013-
11033)
Attachments
12. City Manager
12.1Approve the Second Amendment to Business Lease Contract between the City of Clearwater and
Clearwater Marine Aquarium, Inc. for the lease of City-owned property, known as the Harborview
Building, located at 320 Cleveland Street; and authorize the appropriate officials to execute same.
(consent)
Attachments
13. Official Records and Legislative Services
13.1Reappoint Judith McSwine to the Library Board with term to expire January 31, 2018. (consent)
Attachments
13.2Appoint Jerri Menaul to the Public Art and Design Board (Artist category) to fill the remainder of the
unexpired term until April 30, 2014. (consent)
Attachments
14. Legal
14.1Adopt Ordinance 8497-14 on second reading, amending Beach By Design, Section II, Future Land Use,
Subsection F. Small Motel District by establishing minimum side setbacks; amending Section V.
Catalytic Projects, Subsection B.2 Hotel Density Reserve, to expand the criteria hotels must meet in
order to be eligible for an allocation of hotel rooms from the reserve; amending Section VII. Design
Guidelines, regarding rear and side setbacks.
Attachments
14.2Adopt Ordinance 8516-14 on second reading, annexing certain real property whose post office address is
2071 The Mall, together with all abutting right-of-way of Arbelia Street, into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
Attachments
14.3Adopt Ordinance 8517-14 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 2071 The Mall, together with all abutting right-of-way of Arbelia Street, upon annexation into
the City of Clearwater, as Residential Urban (RU).
Attachments
14.4Adopt Ordinance 8518-14 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 2071 The Mall, together with all abutting right-of-way of
Arbelia Street, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Attachments
14.5Adopt Ordinance 8519-14 on second reading, annexing certain real property whose post office address is
1734 Kings Highway, together with all abutting right-of-way of Kings Highway, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
Attachments
14.6Adopt Ordinance 8520-14 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 1734 Kings Highway, together with all abutting right-of-way of Kings Highway, upon
annexation into the City of Clearwater, as Residential Low (RL).
Attachments
14.7Adopt Ordinance 8521-14 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1734 Kings Highway, together with all abutting right-of-way
of Kings Highway, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Attachments
14.8Adopt Ordinance 8523-14 on second reading, amending the Community Development Code to clarify
and revise provisions and guidelines for property located in the Tourist District on Clearwater Beach to
provide consistency between Beach By Design and the Community Development Code.
Attachments
14.9Adopt Ordinance 8534-14 on second reading, relating to the cost of certain discharges with specific
properties to the collection and treatment of wastewater; amending Section 32.224, Clearwater Code of
Ordinances to remove volume criteria and add more definitive metering verbiage.
Attachments
14.10Adopt Ordinance 8535-14 on second reading, approving for MarineMax, Inc. an exemption from certain
ad valorem taxation.
Attachments
14.11Adopt Ordinance 8536-14 on second reading, approving for Skye Lane Properties, LLC, a Heritage
Insurance Company and Heritage Property and Casualty Insurance Company, a Heritage Insurance
Company, an exemption from certain ad valorem taxation.
Attachments
15. City Manager Verbal Reports
15.1City Manager Verbal Reports
Attachments
16. Council Discussion Items
16.1Transportation Subcommittee Report - Councilmembers Jonson and Hock-DiPolito
Attachments
17. Closing Comments by Mayor
18. Adjourn
19. Presentation(s) for Council Meeting
19.1National Softball Association Park of the Year Award
Attachments
19.2Outback Bowl Presentation
Attachments
19.3Students Working Against Tobacco - Steven Sargent
Attachments
19.4Human Trafficking Awareness Month Proclamation
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Robert Jones Police
James Frederick Police
Lea Seville Engineering/Parking System
Sherman Young Police
10 Years of Service
Vicki Morahan Planning and Development Services
Monica Adams Library
Tracie Black Police
Perry Conzen General Services
Sergio Fidelis Police
Richard Long Police
Catherine Long Police
Jennifer Mortell Library
Lesa Phillips Police
Samuel Taylor Police
15 Years of Service
Jean Peeke Planning and Development Services
Sandra Harriger City Manager's Office
20 Years of Service
John Brown Police
Barbara Moon Parks and Recreation
25 Years of Service
Michael Murray Finance
Robert Garrett Engineering
30 Years of Service
Beverly Howard Solid Waste
Review Approval:1) Human Resources
Cover Memo
Item # 1
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Certify that the Homeless Emergency Project, Inc., is consistent with local plans and regulations, and qualifies under the State’s
Enterprise Zone Community Contribution Tax Credit Program under Housing for low-income persons in a non-enterprise location and
adopt Resolution 14-01.
SUMMARY:
Homeless Emergency Project, Inc. (HEP) is applying for sponsorship under the Enterprise Zone Community Contribution
Tax Credit Program pursuant to Florida Statutes sections 212.08(5)(P), 220.183, 624.5105 and Rule 12C-1.0188 Florida
Administrative Code.
To become an eligible sponsor, a resolution from the local government is required. Projects designed to provide housing for
low-income persons are not required to be located within an Enterprise Zone and must be consistent with local plans and
regulations including the local government’s adopted comprehensive plan. HEP meets the qualifying criteria.
The Enterprise Zone Community Contribution Tax Credit Program (CCTCP) allows any business in Florida to receive a
50% credit on their Florida corporate income tax, insurance premium tax or sales tax refund for donations made to local
community development projects. Donations must be made to an eligible sponsor conducting an approved community
development project. A business may receive no more than $200,000 in community contribution tax credits annually. Once
the donation has been approved by the Florida Department of Economic Opportunity, a copy of the approval letter must be
submitted with the state tax return.
The qualifying proposed project for this sponsorship is to increase corporate cash donations to provide designated funds for
specific programs and undesignated funds for general operating expenses for HEP. Some corporations like to give
undesignated donations so HEP can use the funds as they see fit. Other corporations prefer to give to a specific program or
area of interest. Some companies like to contribute to youth and after school programs; others prefer employment readiness
programs, while still others like to contribute to capital projects. All of these HEP programs and projects require ongoing
fundraising.
This project is vital to the surrounding community. HEP employs 60 full - and part-time staff, and over 1,000 volunteers
annually to provide homeless and very low-income individuals and families with housing, food, clothing and support
services necessary to obtain self-sufficiency and improved quality of life. HEP offers 124 units of Emergency Shelter for
individuals and families with children. In addition, the agency operates 233 units of transitional and permanent supportive
housing for individuals, veterans and families with children.
The annual HEP operating budget exceeds $5 million. These expenses consist of costs associated with personnel, housing
and occupancy, supportive services, food, program and client supplies, the dental clinic, and administration of HEP’s 357-
bed facility.
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 # 2
Resolution No. 14-01
RESOLUTION NO. 14-01
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
CERTIFYING THAT HOMELESS EMERGENCY PROJECT, INC.
IS CONSISTENT WITH LOCAL PLANS AND REGULATIONS
INCLUDING COMPREHENSIVE PLANS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Homeless Emergency Project, Inc., desires to increase corporate donations to
provide designated funds for specific programs, and is applying to participate in the Community
Contribution Tax Credit Program pursuant to Florida Statutes sections 212.08(5)(P), 220.183,
624.5105 and Rule 12C-1.0188 Florida Administrative Code (see Exhibit A); and
WHEREAS, Homeless Emergency Project, Inc.’s proposed project is designed to provide
housing for low-income persons and is not required to be located within an Enterprise Zone to be
eligible to participate in the Community Contribution Tax Credit Program; and
WHEREAS, Homeless Emergency Project, Inc., has requested the City to certify that the
proposed project is consistent with its local plans and regulations including comprehensive plans
and the City Council finds it desirable to make this certification; 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 certifies that the Homeless
Emergency Project, Inc.’s proposed project is consistent with the City’s local plans and regulations
including comprehensive plans.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ____day of _______, 2014.
____________________________
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 # 2
Exhibit A
Homeless Emergency Project, Inc.
Tax Credit Proposal to the
Department of Economic Opportunity
Division of Community Development
II. Project Narrative
a. Describe the eligible project
Homeless Emergency Project, Inc. (HEP) is a 501(c)(3) nonprofit organization located in Pinellas County
Florida. The mission of HEP is to provide homeless and very low-income individuals and families with
housing, food, clothing and support services necessary to obtain self-sufficiency and improved quality of
life. While serving our local community, our vision is to be recognized as a national model of excellence
as we strive to be the last homeless shelter any individual or family ever has to enter.
HEP is dedicated to providing a safe, secure, and productive environment for the benefit of its guests,
clients, employees, and the community in which we operate. We seek to promote a supportive residential
environment based on mutual respect, shared responsibility and goal setting.
HEP offers 124 units of Emergency Shelter for individuals and families with children. In addition, the
agency operates 233 units of transitional and permanent supportive housing for individuals, veterans and
families with children.
At HEP, we integrate services to strike at the core factors contributing to homelessness, providing a
personalized and coordinated system of care. Supportive services include but are not limited to the
following:
Crisis Intervention & Stabilization
o ARNP and LPN complete Mental Health & Medical Screenings and provide Triage
o Medication Management
o Certified Addiction Specialists provide Substance Abuse Interventions
o Meal Service
o Clothing and Personal Care
o Transportation – Shuttle Service, Bike Program and Bus Passes
o Identification and Legal Services
o Child Care Placement
o Homeless Prevention and Rapid Re-housing
o Benefits Assistance
o Veterans After Care
Case Management
o Case Managers (11 FTE’s) are the nexus of all services
o Case Load: no more than 1:30
o Individual Treatment Plans developed in partnership with the client to build on strengths and
resources
o Case Managers - Professionals trained in the following:
o Motivational Interviewing
Attachment number 2 \nPage 1 of 3
Item # 2
o Crisis Intervention and Stabilization
o Stages of Change
o PTSD and Suicide
Clinical Overlay Services – Delivered around the needs of the client
o Clinical Practitioners perform a Biopsychosocial Assessment of each client by collecting data
specific to the individual, their relationships and their environments. Using this information,
the practitioner is able to develop appropriate teaching and/or intervention strategies that are
specific to the individual.
· Cognitive Behavioral Therapy to help clients become aware of inaccurate or
negative thinking in order to view and respond to situations in a more effective way
· Individual, Group and Family Counseling includes Cognitive Processing and Illness
Management
· Crisis Counseling to help clients focus on solving immediate problems
· Role Recovery Specialists complete a Wellness Recovery Action Plan (WRAP) in
partnership with the client to promote self-management of illness and addictions
· Medication Management to ensure safe, self-administration of medications
· Psycho-education to help clients understand and be better able to deal with the
presented illness
· Psychosocial Rehab to facilitate improvement in symptoms of psychological distress
· Activities of Daily Living to help clients deal with the basic tasks of everyday life
· Wellness and Nutrition including Yoga, Cooking Classes and Gardening
b. List the types of donations sought
As a result of our reputation and quality outcomes, HEP is successful in securing outright gifts of
cash from a variety of donors in the Tampa Bay area. Cash gifts of both designated funds for specific
programs and undesignated funds for general operating expenses are given. With the support of the
Community Contribution Tax Credit Program, HEP is confident that we will increase our corporate
donations by 100% in the first year. The CCTCP will allow corporations to designate, what normally
would be paid in state taxes, such as cash donations to the organization of their choice. The tax credit
program presents a great opportunity for HEP to not only secure contributions but get the business
community more involved in our work and address the issue of homelessness more systematically.
c. Identify the use for donations
HEP offers a variety of options for corporate funders. Some corporations like to give undesignated
donations so HEP can use the funds as we see fit. Other corporations prefer to give to a specific
program or area of interests. Some companies like to contribute to youth and afterschool programs.
Others prefer employment readiness programs, while still others like to contribute to capital projects.
All of these HEP programs and project require ongoing fundraising. If a corporation is considering an
outright cash gift to the HEP endowment fund, we can also accommodate this desire.
Attachment number 2 \nPage 2 of 3
Item # 2
d. Total Project Costs
The annual HEP operating budget exceeds $5 million. These expenses consist of all the costs
associated with personnel, housing and occupancy, supportive services, food, program and client
supplies, the dental clinic, and administration of HEP’s 357-bed facility.
e. Estimated number of jobs
HEP employs 60 full and part-time staff and over 1,000 volunteers annually. HEP is not an
organization that produces jobs for the community for a specific period of time and, once a project is
complete eliminates that position. HEP continues to add programs and services in response to the
needs of the community and as funds are available.
f. Estimate the completion date for this project
HEP will continue to provide housing and supportive services to the homeless and economically poor
in the community for as long as the need is present and funds are available.
Attachment number 2 \nPage 3 of 3
Item # 2
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve the Business Maintenance and Continued Performance Agreement with MarineMax, Inc., which establishes certain conditions
including capital investment, new job creation, minimum annual average wage thresholds for new employees, and other considerations
as required by the City’s enactment authority and reflected in Ordinance 8535-14, and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
On January 16, 2014, City Council will pass on second reading Ordinance 8535-14 granting for MarineMax, Inc. an
Economic Development Ad Valorem Tax Exemption (ED AVTE) of 50% of the increase in tangible personal taxes for a
period of 5 years beginning in Tax Year 2014 through Tax Year 2018.
In accordance with the City’s enactment authority granting ED AVTE, all businesses approved for ED AVTE must execute a
Business Maintenance and Continued Performance Agreement, which establishes requirements for maintenance of
operations and performance measurements in effect during the term of the Exemption.
Performance measurements, including job creation, wage verification, and evidence of capital investment (including
purchases of furniture, fixtures and equipment) are elements of the agreement and are reviewed annually with required
submittal of an annual report. In addition, the Agreement also includes conditions for Council revocation should the
Company fail to meet the obligations of the agreement.
Project Overview
Headquartered in Clearwater, MarineMax is the nation’s largest recreational boat and yacht retailer selling new and used
recreational boats and related marine products and services. Currently located at 18167 US Highway 19 North, MarineMax
proposes an expansion and relocation of its Corporate Headquarters to 2600 McCormick Drive.
The company plans to invest approximately $2.0 million in new furniture, fixtures, and office and computer equipment and
will add 30 new employees over a 3-year period. Average annual wages of all new positions will exceed $65,000, which is
155% of the Pinellas County Annual Average Wage as published by Enterprise Florida, Inc. on January 1, 2013.
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 # 3
BUSINESS MAINTENANCE & CONTINUED
PERFORMANCE AGREEMENT
FOR USE BY APPLICANTS APPLYING IN THE
Mail to:
City of Clearwater
Attn: Economic Development Director
112 S. Osceola Ave
Clearwater, FL 33756
Attachment number 1 \nPage 1 of 7
Item # 3
1
BUSINESS MAINTENANCE AND CONTINUED PERFORMANCE AGREEMENT
THIS AGREEMENT is entered into this ______day of ________ 2014 by and between
City of Clearwater, Florida, a municipal corporation of the State of Florida (the “City”) whose
mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 and MarineMax, Inc.
(“the Company”), a Florida corporation, currently located at 18167 US Highway 19 North, Suite
300, Clearwater, Florida 33764.
WITNESSETH
WHEREAS, Article VII, Section 3, of the Constitution of the State of Florida and
Section 196.1995, Florida Statutes, provide that the City may grant Economic Development Ad
Valorem Tax Exemptions (EDAVTE) to New Businesses and Expansions of Existing
Businesses, as defined in Section 196.012 (15)(16), Florida Statutes, by ordinance provided that
the electors of the City, voting on the question in a referendum, authorize the City to adopt
such ordinances; and
WHEREAS, On November 6, 2012, City of Clearwater voters approved the
referendum, authorizing the City Council of the City of Clearwater (the “Council ”) to grant
EDAVTEs pursuant to state law; and
WHEREAS, the Council recognizes that it is a function of local government to promote
economic development within its jurisdiction by providing financial incentives to encourage new
businesses to relocate within its jurisdiction and existing businesses to expand creating
employment opportunities and the utilization of local resources that will benefit the entire
community; and
WHEREAS, Chapter 29, Article VII of the Code of Ordinances City of Clearwater
(the “Code”) sets forth the process and procedures for implementing the EDAVTE program;
and,
WHEREAS, Pursuant to Section 29.204 of the Code, MarineMax, Inc. submitted an
application to the City requesting an EDAVTE for qualifying tangible personal property
specified in its application, commencing with Tax Year 2014 (“the Company Application”); and,
WHEREAS, on January 16, 2014, in recognition of the economic stimulus MarineMax,
Inc. would provide to the community if it expanded its business, invested approximately two
million dollars ($2,000,000.00), and added 30 new jobs in the City paying an average annual
wage of at least sixty-five thousand dollars ($65,000), the Council authorized an EDAVTE of
fifty percent (50%) of the assessed value of the net increase in qualifying improvements to
qualifying tangible personal property as set forth in the Company Application, to facilitate the
expansion of its business (“MarineMax, Inc. Ad Valorem Tax Exemption”) for a period of five
(5) tax years, commencing with Tax Year 2014 through Tax Year 2018; and,
Attachment number 1 \nPage 2 of 7
Item # 3
2
WHEREAS, Pursuant to Ordinance No. 8435-14, MarineMax, Inc. agrees to satisfy the
continued performance conditions set forth in the Company Application.
NOW THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration, hereby acknowledged by the parties, MarineMax, Inc. and City
agree as follows:
1. Incorporation. The recitals set forth above are incorporated herein in their
entirety.
2. Ad Valorem Tax Exemption. Pursuant to Ordinance No . 8535-14, City
shall provide an EDAVTE of fifty percent (50%) of the assessed value of the
net increase in qualifying tangible personal property as set forth in the Company
Application to facilitate the expansion of its business (“MarineMax, Inc., Ad
Valorem Tax Exemption”) for a period of five (5) tax years, commencing with
Tax Year 2014 through Tax Year 2018.
3. Business Maintenance and Continued Performance Conditions Requirement.
Pursuant to Ordinance No. 8435-14, MarineMax, Inc. shall enter into an
agreement with the City satisfying the Business Maintenance and Continued
Performance Conditions as set forth in the Company Application as follows:
a. Commencement of Operations:
i. MarineMax, Inc. currently conducts business at 18167 US
Highway 19 North, Suite 300, Clearwater, Florida 33764 and will
relocate and expand its Corporate Headquarters to 2600
McCormick Drive, Clearwater, Florida 33759.
b. Annual Report:
i. Evidence of satisfaction of information in the Company
Application dated November 5, 2013, and the Attachment Form
DR-418 must be provided in the Annual Report to the Economic
Development and Housing Department on or before March 1st of
each year for which the Exemption is granted. The Company shall
also timely comply with all filings required pursuant to F.S.
s.196.011.
c. Tangible Personal Property Investment:
i. MarineMax, Inc. shall purchase new furniture, fixtures and
equipment including computer equipment. The anticipated date of
purchase is in the calendar year 2014. The estimated budget
amount is $2.0 million;
d. New Jobs:
i. MarineMax, Inc. represents that as of November 5, 2013; the
company employs 99 current full-time employees at its City of
Clearwater facility and shall create 30 new jobs. The Company
Attachment number 1 \nPage 3 of 7
Item # 3
3
will add 10 jobs by September 1, 2015, 10 jobs by September 1,
2016, and 10 jobs by September 1, 2017.
e. Wages:
i. MarineMax, Inc. represents that the average annual wage of all
new jobs shall together be no less than $65,000.
f. Other Council Considerations for Exemption Determination:
i. MarineMax, Inc. shall strive to use local suppliers, where
available;
ii. MarineMax, Inc. shall strive to hire employees located within City
of Clearwater;
iii. MarineMax, Inc. shall strive continue to provide training
opportunities for new and existing employees;
iv. MarineMax, Inc. shall continue to strive to be innovative in nature
as the country’s largest boat retailer.
4. Ordinance No. 8535-14 Requirements. MarineMax, Inc. shall abide by all other
requirements as defined in Ordinance No. 8535-14.
5. Council Revocation.
a. If MarineMax, Inc. fails to satisfy the Business Maintenance and
Continued Performance Conditions set forth in Section 3 of this
Agreement, the Council may, upon 30 days written notice to MarineMax,
Inc., adopt an ordinance revoking the ad valorem tax exemption or take
such other action with respect to the MarineMax, Inc. Ad Valorem
Exemption it deems appropriate.
b. Upon Revocation, the Council shall immediately notify the Pinellas
County Property Appraiser;
c. If it is determined that for any year within the Exemption Period,
MarineMax, Inc. was not entitled to receive such Exemption, MarineMax,
Inc. may be subject to the taxes exempted in that year as a result of such
failure plus annual interest at the maximum rate allowed by law;
d. Nothing herein shall prohibit MarineMax, Inc. from reapplying for an ad
valorem tax exemption pursuant to State law.
6. Assignment. Except as hereinafter provided, neither this Agreement nor any
rights, privileges, or claims created by this Agreement may be transferred by
MarineMax, Inc. without the prior written approval of the City, which approval
will not be unreasonably withheld, conditioned or delayed; provided that
MarineMax, Inc. may assign this Agreement to any affiliate that assumes in
writing all of MarineMax, Inc. obligations under this Agreement and provides
Attachment number 1 \nPage 4 of 7
Item # 3
4
written notice of the assignment to the City within thirty (30) days after such
assignment. Any attempted assignment in breach of this Agreement shall be void.
7. Controlling Law. This Agreement is entered into pursuant to the laws of the
State of Florida, and shall be construed and enforced thereunder. In the event of
litigation for any alleged breach of this Agreement, exclusive jurisdiction and
venue for such litigation shall be in the Circuit Court of the Sixth Judicial District,
in and for City of Clearwater, Florida, or the United States District Court for the
Middle District of Florida, Tampa Division. In the event of any litigation
concerning this Agreement, the parties waive all rights to a jury trial.
8. Notice. Any notices required under this Agreement shall be in writing and be
addressed to the parties as shown below. Notices shall be delivered by certified or
registered first class mail or by commercial courier service, and shall be deemed to
have been given or made as of the date received.
City of Clearwater
Attn: Director, Economic
Development & Housing Dept
112 S. Osceola Ave
Clearwater, FL 33756
727-562-4023 or 727-562-4031
MarineMax, Inc.
Attn: Sam Lowrey
2600 McCormick Drive
Clearwater, FL 33759
(727) 531-1700 x 10110
9. Force Majeure. Notwithstanding anything contained in the Act or this Agreement
to the contrary, and subject to the terms of this Section, MarineMax, Inc. failure to
perform its obligations under this Agreement, other than with respect to the
payment of money or the giving of any notice required hereunder, shall not be a
default, and no disqualification shall occur as a result thereof, if any such failure
or delay is due in whole in part to acts of God; acts of public enemy; war; riot;
sabotage; blockage; embargo; failure or inability to secure materials, supplies or
labor through ordinary sources by reason of shortages or priority; labor strikes,
lockouts or other labor or industrial disturbance (whether or not on the part of
agents or employees of either party hereto engaged in renovation or construction
at the Facility); civil disturbance; terrorist act; fire, flood, windstorm, hurricane,
earthquake or other casualty; any law, order, regulation or other action of any
governing authority; any action, inaction, order, ruling, moratorium, regulation,
statute, condition or other decision of any governmental agency having
jurisdiction over any portion of the Facility, over the renovation or construction
anticipated to occur thereon or over any uses thereof, or by delays in inspections
or in issuing approvals by private parties or permits by governmental agencies;
discovery of hazardous or toxic materials; failure of the Internet; failure of power,
telecommunication, data connectivity or other services to be delivered to the
Facility by any third party including any local utility provider; delays caused by
any dispute resolution process; or any cause whatsoever beyond the reasonable
control (excluding financial inability) of the party whose performance is required
hereunder, or any of its contractors or other representatives, whether or not similar
to any of the causes hereinabove stated.
Attachment number 1 \nPage 5 of 7
Item # 3
5
10. Conflicting Law; Severability. If a Conflicting Law is enacted after the Effective
Date, then the City and MarineMax, Inc. shall meet and confer in good faith for a
period of no less than thirty (30) and no more than ninety (90) days to seek to
effectuate an amendment to this Agreement providing the City and MarineMax,
Inc. with the rights and remedies intended to be provided herein. Nothing herein
shall preclude either the City or MarineMax, Inc. from challenging the validity of
any Conflicting Law. Each provision in this Agreement is severable. If any such
provision is determined to be invalid or illegal, the validity and enforceability of
the remainder of this Agreement shall be unaffected. If the Economic
Development Ad Valorem Tax Exemption, or any portion thereof, is deemed by a
court of competent jurisdiction to be ultra vires or not authorized by the laws or
Constitution of the State of Florida, then the City shall use reasonable efforts to
provide equivalent incentives to MarineMax, Inc. as allowed by law.
11. Term. The term of this Agreement shall commence on the date of last signatory
hereto (the “Effective Date”) and, unless sooner terminated, shall continue in
force through December 31, 2018.
12. Amendments. This Agreement shall not be changed except by written instrument
signed by all the parties.
13. Binding Effect and Effectiveness; Representations and Warranties.
a. Subject to the specific provisions of this Agreement, this Agreement shall
be binding upon and inure to the benefit of and be enforceable by the
parties and their respective successors and assigns, notwithstanding
changes in corporate or other governance.
b. MarineMax, Inc. represents and warrants to the City that as of the date
hereof and throughout the term of this Agreement:
i. MarineMax, Inc. is a for profit corporation, duly organized under
the laws of the State of Florida, maintains a place of business
within the State of Florida, and is validly existing and is doing
business in the State of Florida as MarineMax, Inc.
ii. MarineMax, Inc. has the power and authority to own its properties
and assets and to carry on its business as now being conducted and
has the power and authority to execute and perform this
Agreement;
iii. This Agreement (a) is the lawful, valid and binding agreement of
MarineMax, Inc. in its corporate name enforceable against
MarineMax, Inc. in accordance with its terms; (b) does not violate
any order of any court or other agency of government binding on
MarineMax, Inc., the charter documents of Instruments
Transformers, Inc. or any provision of any indenture, agreement or
other instrument to which MarineMax, Inc. is a party; and (c) does
not conflict with, result in a breach of, or constitute an event of
default, or an event which, with notice or lapse of time, or both,
Attachment number 1 \nPage 6 of 7
Item # 3
6
would constitute an event of default, under any material indenture,
agreement or other instrument to which MarineMax, Inc. in its
corporate name is a party;
iv. MarineMax, Inc. has not received written notice of any action
having been filed against MarineMax, Inc. that challenges the
validity of this Agreement or MarineMax, Inc. right and power to
enter into and perform this Agreement; and
14. Effective Date. This Agreement shall be effective on the date of the last signatory
hereto.
IN WITNESS WHEREOF, the City and MarineMax, Inc. have executed the Agreement as
of the date first above written.
MarineMax, Inc.
WITNESSES:
______________________________ _ By: ___________________________________
(Signature) _______________________________ William McGill
(Print Name)
_______________________________ Title: Chief Executive Officer
(Signature) _______________________________ Date: ___________________________________
(Print Name)
CITY OF CLEARWATER, FLORIDA
By: __________________________________
William B. Horne II
City Manager
Approved as to form: Attest:
_______________________________ ________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 7 of 7
Item # 3
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve the Business Maintenance and Continued Performance Agreement with Skye Lane Properties, LLC and Heritage Property and
Casualty Insurance Company, which establishes certain conditions including capital investment, new job creation, minimum annual
average wage thresholds for new employees, and other considerations as required by the City’s enactment authority and reflected in
Ordinance 8536-14, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On January 16, 2014, City Council will pass on second reading Ordinance 8536-14 granting for Skye Lane Properties, LLC
and Heritage Property and Casualty Insurance Company (the Company) an Economic Development Ad Valorem Tax
Exemption (ED AVTE):
· 75% of the increase in real and tangible personal property taxes for the period of 5 years commencing with Tax
Year 2014 through Tax Year 2018; and
· 50% of the increase in real and tangible personal property taxes for the period of 5 years commencing with Tax
Year 2019 through Tax Year 2023;
In accordance with the City’s enactment authority granting ED AVTE, all businesses approved for ED AVTE must execute a
Business Maintenance and Continued Performance Agreement, which establishes requirements for maintenance of
operations and performance measurements in effect during the term of the Exemption.
Performance measurements, including job creation, wage verification, and evidence of capital investment (including
purchases of furniture, fixtures and equipment) are elements of the agreement and are reviewed annually with required
submittal of an annual report. In addition, the Agreement also includes conditions for Council revocation should the
Company fail to meet the obligations of the agreement.
Project Overview
Currently headquartered in St. Petersburg, the Company will relocate 54 jobs and create a total of 11 new jobs by
December 31, 2015, with an average annual wage of at least $87,000 which is 208% of the Pinellas County Annual
Average Wage as published by Enterprise Florida, Inc. on January 1, 2013 and will invest $6.1million in the expansion of
the 2600/2650 McCormick Drive property, including the renovation of the facility and construction of a tri-level parking deck,
and the purchase of new furniture, fixtures, equipment.
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 # 4
BUSINESS MAINTENANCE & CONTINUED
PERFORMANCE AGREEMENT
FOR USE BY APPLICANTS APPLYING IN THE
Mail to:
City of Clearwater
Attn: Economic Development Director
112 S. Osceola Ave
Clearwater, FL 33756
Attachment number 1 \nPage 1 of 8
Item # 4
BUSINESS MAINTENANCE AND CONTINUED PERFORMANCE AGREEMENT
THIS AGREEMENT is entered into this ______day of ________ 2014 by and between
City of Clearwater, Florida, a municipal corporation of the State of Florida (the “City”) whose
mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 and Skye Lane
Properties, LLC, a Florida Limited Liability Company, and Heritage Property & Casualty
Insurance Company, (together, “the Company”), whose mailing address is 700 Central Avenue,
Suite 500, St. Petersburg, Florida 33701.
WITNESSETH
WHEREAS, Article VII, Section 3, of the Constitution of the State of Florida and
Section 196.1995, Florida Statutes, provide that the City may grant Economic Development Ad
Valorem Tax Exemptions (EDAVTE) to New Businesses and Expansions of Existing
Businesses, as defined in Section 196.012 (15)(16), Florida Statutes, by ordinance provided that
the electors of the City, voting on the question in a referendum, authorize the City to adopt
such ordinances; and
WHEREAS, On November 6, 2012, City of Clearwater voters approved the
referendum, authorizing the City Council of the City of Clearwater (the “Council”) to grant
EDAVTEs pursuant to state law; and
WHEREAS, the Council recognizes that it is a function of local government to promote
economic development within its jurisdiction by providing financial incentives to encourage new
businesses to relocate within its jurisdiction and existing businesses to expand creating
employment opportunities and the utilization of local resources that will benefit the entire
community; and
WHEREAS, Chapter 29, Article VII of the Code of Ordinances City of Clearwater
(the “Code”) sets forth the process and procedures for implementing the EDAVTE program;
and,
WHEREAS, Pursuant to Section 29.204 of the Code, the Company submitted an
application to the City requesting an EDAVTE for the qualifying improvements to real property
and qualifying tangible personal property specified in its application, commencing with Tax
Year 2014 (“the Company Application”); and,
WHEREAS, on January 16, 2014 , in recognition of the economic stimulus the Company
would provide to the community if it expanded its business, invested approximately six million
one hundred thousand dollars ($6,100,000.00), and relocated 54 jobs to the facility from St.
Petersburg, Florida, and created an additional 11 new jobs in the City paying an average annual
wage of no less than eighty-seven thousand ($87,000) the Council authorized an EDAVTE of the
assessed value of the net increase in qualifying improvements to real property and qualifying
tangible personal property as set forth in the Company Application, to facilitate the expansion of
Attachment number 1 \nPage 2 of 8
Item # 4
its business (“Skye Lane Properties, LLC, and Heritage Property & Casualty Insurance Company
Ad Valorem Tax Exemption”) of seventy-five percent (75%) for a period of five (5) years
commencing with Tax Year 2014 through Tax Year 2018 and fifty percent (50%) for a period of
five (5) years commencing with Tax Year 2019 through Tax Year 2023; and,
WHEREAS, Pursuant to Ordinance No. 8536-14, the Company agrees to satisfy the
continued performance conditions set forth in the Company Application.
NOW THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration, hereby acknowledged by the parties, the Company and City agree
as follows:
1. Incorporation. The recitals set forth above are incorporated herein in their
entirety.
2. Ad Valorem Tax Exemption. Pursuant to Ordinance No. 8536-14, the
City shall provide an EDAVTE of the assessed value of the net increase in
qualifying improvements to real property and qualifying tangible personal
property as set forth in the Company Application, to facilitate the expansion of its
business (“Skye Lane Properties, LLC, and Heritage Property & Casualty
Insurance Company Ad Valorem Tax Exemption”) of seventy-five percent (75%)
for a period of five (5) years commencing with Tax Year 2014 through Tax Year
2018 and fifty percent (50%) for a period of five (5) years commencing with Tax
Year 2019 through Tax Year 2023.
3. Business Maintenance and Continued Performance Conditions Requirement.
Pursuant to Ordinance No. 8536-14, the Company, shall enter into an agreement
with the City satisfying the Business Maintenance and Continued Performance
Conditions as set forth in the Company Application as follows:
a. Commencement of Operations:
i. The Company will establish its corporate headquarters and
operations center at 2600/2650 McCormick Drive, Clearwater,
Florida 33759. They are currently located at 700 Central Avenue,
Suite 500, St. Petersburg, Florida 33701. The Company, as of
November 25, 2013, has 54 full time employees at its current St.
Petersburg, Florida, facility. These employees will relocate to the
McCormick Drive facility.
b. Annual Report:
i. Evidence of satisfaction of information in the Company
Application dated November 25, 2013, and the Attachment Form
DR-418 must be provided in the Annual Report to the Economic
Development and Housing Department on or before March 1st of
each year for which the Exemption is granted. The Company shall
Attachment number 1 \nPage 3 of 8
Item # 4
also timely comply with all filings required pursuant to F.S.
s.196.011.
c. Real Property Project Description:
i. The Company purchased the real property at 2600/2650
McCormick Drive, Clearwater, Florida, April 02, 2013 for nine
million two hundred thousand dollars ($9,200,000.00). New
construction to the real property at 2600/2650 McCormick Drive,
Clearwater, Florida will consist of a tri-level parking facility plus
interior renovations and other parking area renovations.
d. Tangible Personal Property and Real Property Capital Investment:
i. The Company shall purchase furniture, fixtures and equipment for
approximately two hundred thousand dollars ($200,000.00)
ii. Real property capital investment in the amount of approximately
four million dollars ($4,000,000.00) will be to construct a new tri-
level parking facility.
iii. Interior renovations and parking area renovations to the real
property will also be made for a capital investment of
approximately one million nine hundred thousand dollars
($1,900,000.00).
e. New Jobs:
i. The Company, will create eleven (11) additional jobs over a 1-year
period. It is estimated that 75% of the employees will reside in
Pinellas County and 5% in the City limits.
f. Wages:
i. The Company represents that the average annual wage of all new
jobs shall together be no less than $87,000.
g. Sales Factor/Current Sales:
i. The Company represents that for 2013 the sales inside the Tampa-
St. Petersburg-Clearwater, FL Metropolitan Statistical Area (MSA)
was $36.3 million with a 27% sales factor and the sales outside the
MSA was $96.6 million with a sales factor of 73%.
h. Other Council Considerations for Exemption Determination:
i. The Company shall use local suppliers, where available;
ii. The Company shall make every attempt to hire employees located
within City of Clearwater;
iii. The Company shall continue to be actively involved in the
community.
iv. The Company shall continue to strive to maintain a paperless
workflow in an industry that typically generates and consumes vast
paper resources.
Attachment number 1 \nPage 4 of 8
Item # 4
4. Ordinance No. 8536-14 Requirements. The Company shall abide by all other
requirements as defined in Ordinance No. 8536-14.
5. Council Revocation.
a. If the Company fails to satisfy the Business Maintenance and Continued
Performance Conditions set forth in Section 3 of this Agreement,
excluding 3(g) and 3(h), the Council may, upon 30 days written notice to
the Company adopt an ordinance revoking the ad valorem tax exemption
or take such other action with respect to the Skye Lane Properties, LLC,
Ad Valorem Exemption it deems appropriate.
b. Upon Revocation, the Council shall immediately notify the Pinellas
County Property Appraiser;
c. If it is determined that for any year within the Exemption Period, the
Company was not entitled to receive such Exemption, the Company shall
be subject to the taxes exempted as a result of such failure plus annual
interest at the maximum rate allowed by law;
d. Nothing herein shall prohibit the Company from reapplying for an ad
valorem tax exemption pursuant to State law.
6. Assignment. Except as hereinafter provided, neither this Agreement nor any
rights, privileges, or claims created by this Agreement may be transferred by the
Company without the prior written approval of the City, which approval will not
be unreasonably withheld, conditioned or delayed; provided that the Company
may assign this Agreement to any affiliate that assumes in writing all of the
Company’s obligations under this Agreement and provides written notice of the
assignment to the City within thirty (30) days after such assignment. Any
attempted assignment in breach of this Agreement shall be void.
7. Controlling Law. This Agreement is entered into pursuant to the laws of the
State of Florida, and shall be construed and enforced thereunder. In the event of
litigation for any alleged breach of this Agreement, exclusive jurisdiction and
venue for such litigation shall be in the Circuit Court of the Sixth Judicial District,
in and for City of Clearwater, Florida, or the United States District Court for the
Middle District of Florida, Tampa Division. In the event of any litigation
concerning this Agreement, the parties waive all rights to a jury trial.
8. Notice. Any notices required under this Agreement shall be in writing and be
addressed to the parties as shown below. Notices shall be delivered by certified or
registered first class mail or by commercial courier service, and shall be deemed to
have been given or made as of the date received.
Attachment number 1 \nPage 5 of 8
Item # 4
City of Clearwater
Economic Development & Housing
Dept
Attn: Geraldine Lopez, Director
112 S. Osceola Ave
Clearwater, FL 33756
727-562-4023 or 727-562-4031
Skye Lane Properties, LLC and
Heritage Property & Casualty
Insurance Company
Attn: Bruce Lucas, Board
Chairman & CIO
2600 McCormick Drive
Clearwater, FL 33759
727-362-7261
9. Force Majeure. Notwithstanding anything contained in the Act or this Agreement
to the contrary, and subject to the terms of this Section, the Company failure to
perform its obligations under this Agreement, other than with respect to the
payment of money or the giving of any notice required hereunder, shall not be a
default, and no disqualification shall occur as a result thereof, if any such failure
or delay is due in whole in part to acts of God; acts of public enemy; war; riot;
sabotage; blockage; embargo; failure or inability to secure materials, supplies or
labor through ordinary sources by reason of shortages or priority; labor strikes,
lockouts or other labor or industrial disturbance (whether or not on the part of
agents or employees of either party hereto engaged in renovation or construction
at the Facility); civil disturbance; terrorist act; fire, flood, windstorm, hurricane,
earthquake or other casualty; any law, order, regulation or other action of any
governing authority; any action, inaction, order, ruling, moratorium, regulation,
statute, condition or other decision of any governmental agency having
jurisdiction over any portion of the Facility, over the renovation or construction
anticipated to occur thereon or over any uses thereof, or by delays in inspections
or in issuing approvals by private parties or permits by governmental agencies;
discovery of hazardous or toxic materials; failure of the Internet; failure of power,
telecommunication, data connectivity or other services to be delivered to the
Facility by any third party including any local utility provider; delays caused by
any dispute resolution process; or any cause whatsoever beyond the reasonable
control (excluding financial inability) of the party whose performance is required
hereunder, or any of its contractors or other representatives, whether or not similar
to any of the causes hereinabove stated.
10. Conflicting Law; Severability. If a Conflicting Law is enacted after the Effective
Date, then the City and the Company, shall meet and confer in good faith for a
period of no less than thirty (30) and no more than ninety (90) days to seek to
effectuate an amendment to this Agreement providing the City and the Company,
with the rights and remedies intended to be provided herein. Nothing herein shall
preclude either the City or the Company, from challenging the validity of any
Conflicting Law. Each provision in this Agreement is severable. If any such
provision is determined to be invalid or illegal, the validity and enforceability of
the remainder of this Agreement shall be unaffected. If the Economic
Development Ad Valorem Tax Exemption, or any portion thereof, is deemed by a
court of competent jurisdiction to be ultra vires or not authorized by the laws or
Attachment number 1 \nPage 6 of 8
Item # 4
Constitution of the State of Florida, then the City shall use reasonable efforts to
provide equivalent incentives to the Company,. as allowed by law.
11. Term. The term of this Agreement shall commence on the date of last signatory
hereto (the “Effective Date”) and, unless sooner terminated, shall continue in
force through December 31, 2023.
12. Amendments. This Agreement shall not be changed except by written instrument
signed by all the parties.
13. Binding Effect and Effectiveness; Representations and Warranties.
a. Subject to the specific provisions of this Agreement, this Agreement shall
be binding upon and inure to the benefit of and be enforceable by the
parties and their respective successors and assigns, notwithstanding
changes in corporate or other governance.
b. The Company, represents and warrants to the City that as of the date
hereof and throughout the term of this Agreement:
i. The Company, is a for profit limited liability company, duly
organized under the laws of the State of Florida, maintains a place
of business within the State of Florida, and is validly existing and
is doing business in the State of Florida as the Company,.
ii. The Company, has the power and authority to own its properties
and assets and to carry on its business as now being conducted and
has the power and authority to execute and perform this
Agreement;
iii. This Agreement (a) is the lawful, valid and binding agreement of
the Company, in its limited liability name enforceable against the
Company, in accordance with its terms; (b) does not violate any
order of any court or other agency of government binding on the
Company,, the charter documents of the Company, or any
provision of any indenture, agreement or other instrument to which
the Company, is a party; and (c) does not conflict with, result in a
breach of, or constitute an event of default, or an event which, with
notice or lapse of time, or both, would constitute an event of
default, under any material indenture, agreement or other
instrument to which the Company, in its limited liability company
name is a party;
iv. The Company, has not received written notice of any action having
been filed against the Company, that challenges the validity of this
Agreement or the Company’s, right and power to enter into and
perform this Agreement; and
14. Effective Date. This Agreement shall be effective on the date of the last signatory
hereto.
Attachment number 1 \nPage 7 of 8
Item # 4
IN WITNESS WHEREOF, the City and Skye Lane Properties, LLC, and Heritage
Property & Casualty Insurance Company have executed the Agreement as of the date first above
written.
SKYE LANE PROPERTIES, LLC, AND
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY
WITNESSES:
______________________________ _ By: ___________________________________
(Signature)
_______________________________ Bruce Lucas
(Print Name)
_______________________________ Title: Board Chairman & Chief Investment Officer
(Signature)
_______________________________ Date: ___________________________________
(Print Name)
CITY OF CLEARWATER, FLORIDA
By: __________________________________
William B. Horne II
City Manager
Approved as to form: Attest:
_______________________________ ________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 8 of 8
Item # 4
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve Skye Lane Properties, LLC for waivers and reimbursement of certain fees to encourage parking area improvements, including
the construction of a parking deck, at 2600/2650 McCormick Drive, Clearwater, so as to provide certain public benefits including higher
paying job opportunities and higher intensity and density on the site which are consistent with the City’s Economic Development
Strategic Plan and US 19 Redevelopment Plan and adopt Resolution 14-03.
SUMMARY:
The City Council Policy, General Administration, Section A – Application Fee Waivers, amended February
12, 2002, provides consideration for application fee waivers including building permit, occupational license,
plan review and zoning-related application fees for projects which staff believes special considerations exist.
In accordance with the Policy, staff recommends adoption of Resolution 14-03 waiving and reimbursing all
application, permit, inspection, examination, and others fees paid to the City by Skye Lane Properties, LLC
up to $60,000 based on the following:
Special Considerations
The City’s Economic Development Strategic Plan (EDSP), adopted in November 2011, is based upon the
Guiding Principles of tax base diversification, higher paying jobs and business vitality, which reflect the
values of the community.
The EDSP identified certain goals to support these Principles including:
· Encourage the development of sites and buildings needed to accommodate higher intensity
employment opportunities,
· Develop the policies and tools to compete for new private investment and jobs,
· Create an environment that promotes the vitality and growth of existing businesses
The EDSP also provided recommendations to encourage desired development including development fee
reduction and public participation in land development to encourage infill and redevelopment projects.
The City’s US 19 Redevelopment Plan, adopted in December 2012, also provided recommendations
consistent with the EDSP including:
· Preference for office and other employment-intensive uses over smaller-scale uses for sites located
in In-Between Areas
· Recognition that tenants often desire more parking spaces than available which is a challenge along
the US 19 Corridor
Cover Memo
Item # 5
· Support for the City’s use of direct and indirect assistance such as the reduction of permit fees and
other incentives that advance economic development goals and improve the corridor’s competitive
position in the Tampa Bay Region
The proposed $5.9 million project is consistent with the goals and recommendations of the EDSP and US
19 Redevelopment Plan. The construction of a parking deck and other parking improvements will provide a
public benefit allowing tenant companies to expand providing high wage employment opportunities for the
citizens of Clearwater and will increase employment intensity and density at the site.
Project Overview
Skye Lane Properties, LLC, purchased 2600/2650 McCormick Drive in April 2013. At the time of purchase,
a severe parking deficit existed according to today’s office marketplace where tenant demand is often 4.5 to
6.0 spaces / 1,000 sq. ft.
This project proposes to resolve the parking deficit to accommodate higher intensity employment
opportunities, one of the Goals of the EDSP and is supported by the US 19 Redevelopment Plan as an In-
Between Area providing an employment-intensive use favored over smaller-scale projects.
Skye Lane Properties plans to invest $5.9 million in real property improvements including the construction of
a $4.0 million tri-level parking deck.
Projected Outcomes
Higher Intensity & Density:
· Upon completion of all parking improvements on the site, the property will have approximately 725
parking spaces, which will provide the entire site with 4.9 spaces / 1,000 sq. ft.
· The property will meet market demand making this a prime Class A office destination for what was
50% vacant nearly 1 year ago.
Job Creation in Target Industries:
· Heritage Property and Casualty Insurance Company will relocate 54 employees from their current
corporate headquarters location in St. Petersburg, and will add 11 new positions in 2014. Average
wages for all new jobs will exceed $87,000 (208% above the Pinellas County Average Annual
Wage).
· Ten or more consultants currently working with Heritage Property and Casualty Insurance Company
will also relocate to the site.
· MarineMax, Inc., will relocate 99 employees from its current corporate headquarters located in the
City, and add 30 new jobs over 3 years. Average annual wages of all new jobs will exceed $65,000
(155% of the Pinellas County Average Annual Wage).
· Tenants on the site, including AmeriLife, will be able to expand.
Impact Analysis
Cover Memo
Item # 5
Staff has conducted an impact analysis of the capital investment of Skye Lane Properties, LLC, and
Heritage Property and Casualty Insurance Company – a related entity - using Total Impact™ by Impact
Data Source. The analysis does not include economic impact of other tenants. Impact analysis projects:
· $134.9 million Economic Impact (Countywide, 10 years) including $109.8 million in salaries (direct &
indirect jobs) and $20.4 million in taxable sales and purchases in the County.
· Permanent jobs and additional indirect and induced jobs (spin off): 160 jobs
· Net Benefits to the City: $229,327
· Present Value of Net Benefits to City (reflects 5% discount): $184,079
· Rate of Return: 17.4% ROR (when the exemption is considered as cash)
· Payback Period: 5.2 years
Additional Incentives
Staff proposed ED AVTE for MarineMax, Inc. of 50% exemption of tangible personal property taxes for 5
years (Tax Years 2014-2018). Total value of the proposed exemption for MarineMax, Inc. is estimated at
$18,661. (Ordinance 8535-14)
Staff also proposed ED AVTE for Skye Lane Properties, LLC and Heritage Property and Casualty Insurance
Company of 75% and 50% exemption of real and tangible personal property taxes for 5 years each (Tax
Years 2014-2018, Tax Years 2019-2023, respectively). Estimated value of the exemption is $168,472.
These additional incentives are considered integral to the project.
Source of Funding
Funding for this item will be provided by a first quarter budget amendment allocating General Fund reserves
in the amount of $30,000 to establish project 181-99744, Economic Development Incentives. This amount is
for the reimbursement of fees not able to be waived for this project. The balance in General Fund reserves
is approximately $17.5 million, or 15.2% of the 2013/14 General Fund operating budget. Inclusive of the
$1.4 million used to fund the current operating budget, a total of $2,235,943 of General Fund reserves has
been used to date to fund expenditures in the 2013/14 operating budget.
Type:Other
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
Current Year Cost:$30,000 Annual Operating Cost:
Not to Exceed:Total Cost:30,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
181-99744 30,000to be set up at first quarter budget amendment
from General Fund Reserves
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. 14-03
RESOLUTION NO. 14-03
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, RECOMMENDING SKYE LANE PROPERTIES,
LLC, BE APPROVED FOR WAIVERS AND
REIMBURSEMENT OF CERTAIN FEES; PROVIDING A
SUNSET DATE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, City Council of the City of Clearwater (the “Council”) recognizes
that it is a function of local government to promote economic development within its
jurisdiction by providing financial incentives to encourage new businesses to relocate
within its jurisdiction and existing businesses to expand creating employment
opportunities for the citizens of City of Clearwater; and
WHEREAS, the City’s Economic Development Strategic Plan, adopted in
November, 2011, is based upon the Guiding Principles of tax base diversification,
higher paying jobs and business vitality which reflect the values of the community, and;
WHEREAS, the Economic Development Strategic Plan identified certain goals to
support the Guiding Principles including “Encourage the development of sites and
buildings needed to accommodate higher intensity employment opportunities,” and
“Develop the policies and tools to compete for new private investment and jobs ,” and
“Create an environment that promotes the vitality and growth of existing businesses ,”
and;
WHEREAS, the City’s Economic Development Strategic Plan provides
recommendations to encourage desired development including development fee
reduction, fast track permitting, ad valorem tax exemption and public participation in
land development to encourage infill and redevelopment projects, and;
WHEREAS, the US 19 Redevelopment Plan, adopted in December, 2012, favors
office and other employment-intensive uses over smaller-scale uses for sites located in
In-Between Areas, and recognizes tenants often desire more parking spaces than
available which is a challenge along the US 19 Corridor, and;
WHEREAS, the US 19 Redevelopment Plan supports the City’s use of direct and
indirect assistance such as the reduction of permit fees and economic development ad
valorem tax exemptions for projects that advance local economic development goals
and improve the corridor’s competitive position in the Tampa Bay Region; and
WHEREAS, the construction of a parking deck and other parking improvements
will provide a public benefit allowing tenant companies to expand, providing greater
employment opportunities in targeted industries for the citizens of the City of Clearwater
and will increase employment intensity and density at the site; and
Attachment number 1 \nPage 1 of 2
Item # 5
Resolution No. 14-03 2
WHEREAS, the City Council Policy, General Administration, Section A –
Application Fee Waivers, amended February 12, 2002, provides consideration for
application fee waivers including building permit, occupational license, plan review and
zoning-related application fees for projects which staff believes special considerations
exist; and now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Council finds that special conditions exist to support the waiver and
reimbursement of fees including application, inspection, plans examination, permit, and
other fees payable to the City of Clearwater in an amount not to exceed $60,000 in
order to encourage Skye Lane Properties, LLC, to make parking area improvements
including, but not limited to, the construction of a parking deck for the property located
at 2600/2650 McCormick Drive, Clearwater, Florida.
Section 2. Those special conditions are the development of the site to provide
greater intensity and density on the site in order to attract, retain and expand targ eted
industries providing higher paying job opportunities, which is consistent with the City’s
Economic Development Strategic Plan and US 19 Redevelopment Plan.
Section 3. The waiver or reimbursement of fees is conditioned upon the
construction of a parking deck or garage which must commence no later than June 1,
2014, and consist of adequate parking spaces to provide a total parking ratio of at least
4.5 spaces per 1,000 square feet of office space for 2600/2650 McCormick Drive,
Clearwater, Florida.
Section 4. This resolution shall sunset effective eighteen (18) months after
effective date.
Section 5. This resolution shall take eff ect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 20 14.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 5
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve the agreement between the Phillies Florida LLC and the City of Clearwater Fire and Rescue Department to provide emergency
medical services at Bright House Field for 2014 baseball events as outlined in the agreement, and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
The Phillies Florida LLC (Phillies Florida) will enter into an agreement with Clearwater Fire and Rescue (CFR) for the provision of
EMS services for the 2014 Philadelphia Phillies spring training game; every 2014 Clearwater Threshers game; and for 10 selected
special events designated by Phillies Florida in 2014.
There will be a mutually agreed-upon method of checking in and checking out at each game/event for billing purposes at the rate
established in the agreement. The minimum time for each event will be four hours. Any time spent at the ballpark after those four hours
will be compensated at the hourly rate set forth in the agreement, and checked against the sign out time by the teams at the
ballpark. CFR will provide monthly invoices to Phillies Florida for the services CFR provides pursuant to the agreement, which
invoices will be paid within twenty days of receipt.
The City of Clearwater, to the extent permitted by applicable law, including, but not limited to Section 768.28, Florida Statutes, shall
indemnify, defend and hold harmless Phillies Florida, and others noted in the agreement.
CFR will document any incidents that may occur during the course of the performance of its obligations hereunder and, subject to
applicable law, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and
Security Rules, and use best efforts to get those treated to sign a medical information disclosure form legally authorizing CFR to
provide copies of such documentation to Phillies Florida upon request.
The term of the agreement shall be from the date it is signed through December 31, 2014; and either party may terminate as outlined in
the agreement.
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 5) City Manager 6) Clerk
Cover Memo
Item # 6
Attachment number 1 \nPage 1 of 4
Item # 6
Attachment number 1 \nPage 2 of 4
Item # 6
Attachment number 1 \nPage 3 of 4
Item # 6
Attachment number 1 \nPage 4 of 4
Item # 6
Attachment number 2 \nPage 1 of 1
Item # 6
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve a Purchase Order (contract), in the amount of $1,932,652.50 and award bid 04-14 to Florida Gas Contractors, Inc., for the
Installation of Gas Mains and Service Lines for the period February 1, 2014 to January 31, 2015 and authorize the appropriate officials
to execute same. (consent)
SUMMARY:
Florida Gas Contractors (FGC), Inc., located at PO Box 280, Dade City FL 33526, was the only responder to bid 04-14. FGC currently holds
the contract for the installation of gas mains and service lines and has performed satisfactory work for Clearwater Gas System (CGS) over the
last year. FGC has also provided a Performance Bond and Proof of Insurance for bid 04-14 for the period February 1, 2014 to January 31,
2015.
Funds are available in Code 315-96378 ($386,530.50) Pasco New Mains and Service Lines, Code 315-96377 ($1,546,122) Pinellas New
Mains and Service Lines, in the Clearwater Gas System budget to support these requirements.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:1,932,652.50 Annual Operating Cost:1,932,652.50
Not to Exceed:1,932,652.50 Total Cost:1,932,652.50
For Fiscal Year:10/1/2013 to 9/30/2014
Appropriation Code Amount Appropriation Comment
315-96377 1,546,122.00 Pinellas New Mains and Service Lines
315-96378 386,530.50 Pasco New Mains and Service Lines
Bid Required?:Yes Bid Number:04-14
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager ED 6) City
Manager 7) Clerk
Cover Memo
Item # 7
CONTRACT DOCUMENTS
FOR
Clearwater Gas System
Installation of Gas Mains, Service Lines
and House Piping at Various Locations
Bid Number: 04-14
Bid Date: December 20, 2013
Bid Time: 11:00AM
Prepared by: Mike Deegan & Brian Langille
Clearwater Gas System
400 North Myrtle Avenue
Clearwater, Florida 33758
Attachment number 1 \nPage 1 of 119
Item # 7
TABLE OF CONTENTS
SECTION 00020 _______________________________________________________________ 1
INVITATION TO BID _________________________________________________________________ 1
SECTION 00100 _______________________________________________________________ 2
INSTRUCTIONS TO BIDDERS __________________________________________________________ 2
00100.01 QUALIFICATIONS OF BIDDERS _____________________________________________________ 2
00100.02 BIDDER'S RESPONSIBILITY ________________________________________________________ 2
00100.03 SITE CONDITIONS _______________________________________________________________ 3
00100.04 OMISSIONS AND DISCREPANCIES___________________________________________________ 3
00100.05 BID ITEMS AND ESTIMATED QUANTITIES ____________________________________________ 3
00100.06 APPROVED MATERIALS AND EQUIPMENT ____________________________________________ 4
00100.07 SAMPLE OF MATERIALS __________________________________________________________ 4
00100.08 PROPOSAL FORM _______________________________________________________________ 4
00100.09 WITHDRAWAL OF PROPOSALS _____________________________________________________ 5
00100.10 BID SECURITY ___________________________________________________________________ 5
00100.11 OPENING OF PROPOSALS _________________________________________________________ 5
00100.12 METHOD OF AWARD _____________________________________________________________ 5
00100.13 EXECUTION OF CONTRACT ________________________________________________________ 6
00100.14 TIME OF COMPLETION ___________________________________________________________ 6
00100.15 LIQUIDATED DAMAGES ___________________________________________________________ 6
00100.16 EXTENSIONS OF TIME ____________________________________________________________ 7
00100.17 CERTIFICATE OF INSURANCE _______________________________________________________ 7
00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE OF PRICES ______________________________ 7
00100.19 EXISTING MATERIALS AND EQUIPMENT _____________________________________________ 7
00100.20 QUALIFICATIONS OF BIDDERS _____________________________________________________ 7
00100.21 STANDARDS ____________________________________________________________________ 8
SECTION 00140 _______________________________________________________________ 9
SUMMARY OF INFORMATION TO BIDDERS ______________________________________________ 9
00140.01 ‐ OBTAINING PLANS AND SPECIFICATIONS _____________________________________________ 9
00140.02 ‐ OWNER ________________________________________________________________________ 9
00140.03 ‐ CONTRACT ______________________________________________________________________ 9
00140.04 ‐ BID SECURITY ___________________________________________________________________ 9
00140.05 ‐ TIME OF COMPLETION ____________________________________________________________ 9
00140.06 ‐ INSURANCE REQUIREMENTS _______________________________________________________ 9
00140.07 ‐ SCOPE OF WORK ________________________________________________________________ 11
SECTION 00310 ______________________________________________________________ 12
PROPOSAL _______________________________________________________________________ 12
MAINS/STEEL _____________________________________________________________ 15
SECTION 00320 ______________________________________________________________ 22
BID TABULATION SUMMARY ________________________________________________________ 22
SECTION 00330 ______________________________________________________________ 23
FLORIDA TRENCH SAFETY ACT ACKNOWLEDGMENT ______________________________________ 23
Attachment number 1 \nPage 2 of 119
Item # 7
SECTION 00340 ______________________________________________________________ 24
PUBLIC ENTITY CRIMES STATEMENT ___________________________________________________ 24
SECTION 00410 ______________________________________________________________ 27
CERTIFIED CHECK, CASH OR BID BOND _________________________________________________ 27
SECTION 00510 ______________________________________________________________ 28
AGREEMENT ______________________________________________________________________ 28
SECTION 00520 ______________________________________________________________ 32
CONTRACTOR'S AFFIDAVIT __________________________________________________________ 32
SECTION 00530 ______________________________________________________________ 33
CONTRACTOR'S RELEASE ____________________________________________________________ 33
SECTION 00540 ______________________________________________________________ 34
STATEMENT OF SURETY COMPANY ___________________________________________________ 34
SECTION 00610 ______________________________________________________________ 35
PERFORMANCE ‐ PAYMENT BOND ____________________________________________________ 35
SECTION 00620 ______________________________________________________________ 37
CERTIFICATE OF INSURANCE _________________________________________________________ 37
SECTION 00700 ______________________________________________________________ 38
GENERAL CONDITIONS______________________________________________________________ 38
00700.01 DEFINITIONS __________________________________________________________________ 38
00700.02 EXTENT OF CONTRACT __________________________________________________________ 39
00700.03 OBLIGATIONS OF CONTRACTOR ___________________________________________________ 39
00700.04 SUBCONTRACTS ________________________________________________________________ 40
00700.05 SEPARATE CONTRACTS __________________________________________________________ 40
00700.06 BONDS _______________________________________________________________________ 40
00700.07 ADDITIONAL OR SUBSTITUTE BOND _______________________________________________ 41
00700.08 INSURANCE ___________________________________________________________________ 41
00700.09 PROOF OF INSURANCE __________________________________________________________ 42
00700.10 ACCIDENTS AND CLAIMS _________________________________________________________ 42
00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS ________________________________________ 43
00700.12 CONTRACTOR'S LIABILITY ________________________________________________________ 43
00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT _______________________________________ 43
00700.14 PATENT RIGHTS ________________________________________________________________ 44
00700.15 PERMITS AND LICENSES _________________________________________________________ 44
00700.16 LAWS AND REGULATIONS________________________________________________________ 45
00700.17 DIMENSIONS AND ELEVATIONS ___________________________________________________ 45
00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS ______________________________________ 45
00700.19 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTORS _______________________ 46
00700.20 WORKING SCHEDULES AND PROGRESS CHARTS ______________________________________ 46
00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR _____________________________ 47
00700.22 SERVING NOTICE _______________________________________________________________ 48
00700.23 AUTHORITY OF ENGINEER _______________________________________________________ 48
00700.24 OBSERVATION OF THE WORK _____________________________________________________ 48
Attachment number 1 \nPage 3 of 119
Item # 7
00700.25 EXAMINATION OF THE WORK ____________________________________________________ 49
00700.26 PROTECTION OF WORK AND PROPERTY ____________________________________________ 50
00700.28 THE OWNER'S RIGHT TO DO WORK ________________________________________________ 51
00700.29 ALTERATION OF PLANS __________________________________________________________ 52
00700.30 UNAUTHORIZED WORK _________________________________________________________ 52
00700.31 CLAIMS FOR EXTRA COST ________________________________________________________ 52
00700.32 CHANGES IN THE WORK _________________________________________________________ 52
00700.33 EXTRA WORK/INCREASED COMPENSATION _________________________________________ 53
00700.34 SUSPENSION OF WORK __________________________________________________________ 53
00700.35 DEFECTIVE WORK OR MATERIALS _________________________________________________ 54
00700.36 ABANDONMENT OF WORK_______________________________________________________ 54
00700.37 FORFEITURE OF CONTRACT ______________________________________________________ 55
00700.38 THE OWNER'S RIGHT TO TERMINATE CONTRACT _____________________________________ 55
00700.39 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT _______________________ 56
00700.40 NO WAIVER OF CONTRACT _______________________________________________________ 56
00700.41 NO ESTOPPEL __________________________________________________________________ 56
00700.42 TIME FOR COMPLETION _________________________________________________________ 56
00700.43 COMPLETION OF WORK DEFINED _________________________________________________ 56
00700.44 DELAYS AND EXTENSIONS OF TIME ________________________________________________ 57
00700.45 LIQUIDATED DAMAGES __________________________________________________________ 57
00700.46 PRICES _______________________________________________________________________ 57
00700.47 PARTIAL ESTIMATES AND PAYMENTS ______________________________________________ 58
00700.48 PAYMENTS WITHHELD __________________________________________________________ 58
00700.49 LIENS AND FINAL PAYMENTS _____________________________________________________ 59
00700.50 FINAL APPROVAL AND ACCEPTANCE OF THE WORK ___________________________________ 59
SECTION 00800 ______________________________________________________________ 62
SUPPLEMENTARY CONDITIONS _______________________________________________________ 62
00800.01 SUPPLEMENTARY CONDITIONS PREVAIL ____________________________________________ 62
00800.02 MATERIALS SUPPLIED BY THE OWNER______________________________________________ 62
00800.03 PERMITS ______________________________________________________________________ 62
00800.04 JOINING OF PLASTIC PIPE ________________________________________________________ 62
SECTION 00900 ______________________________________________________________ 64
ADDENDA ________________________________________________________________________ 64
SECTION 01000 ______________________________________________________________ 65
GENERAL REQUIREMENTS ___________________________________________________________ 65
01000.01 TRAFFIC CONTROL ______________________________________________________________ 65
01000.02 MATERIALS, EQUIPMENT AND LABOR ______________________________________________ 65
01000.03 PROGRESS PHOTOGRAPHS _______________________________________________________ 66
01000.04 STANDARDS ___________________________________________________________________ 66
01000.05 STORAGE OF MATERIALS AND RIGHTS‐OF‐WAY ______________________________________ 67
01000.06 UTILITIES _____________________________________________________________________ 67
01000.07 SAFETY AND HEALTH REGULATIONS _______________________________________________ 67
01000.08 USE OF CHEMICALS _____________________________________________________________ 68
01000.09 BY‐PASSING OF SEWAGE ________________________________________________________ 68
01000.10 DEWATERING AND SEWAGE PUMPS _______________________________________________ 68
01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING ____________________________________ 68
01000.12 TESTS ________________________________________________________________________ 68
01000.13 WATER AND ELECTRIC POWER ____________________________________________________ 69
01000.14 MONUMENTS AND LANDMARKS __________________________________________________ 69
Attachment number 1 \nPage 4 of 119
Item # 7
01000.15 DETOURS _____________________________________________________________________ 69
01000.16 EXISTING UTILITIES _____________________________________________________________ 70
01000.17 SANITARY MEASURES ___________________________________________________________ 70
01000.18 CLEANING UP __________________________________________________________________ 70
01000.19 FAILURE TO CLEAN UP ___________________________________________________________ 71
01000.20 RESTORATION OF SURFACE ______________________________________________________ 71
01000.21 PROJECT RECORD DRAWINGS (AS‐ BUILTS) __________________________________________ 71
SECTION 02005 ______________________________________________________________ 72
MOBILIZATION ____________________________________________________________________ 72
SECTION 02221 ______________________________________________________________ 73
TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS ________________________ 73
SECTION 02574 ______________________________________________________________ 83
PAVEMENT REMOVAL AND REPLACEMENT _____________________________________________ 83
SECTION 02685 ______________________________________________________________ 88
NATURAL GAS PIPELINE INSTALLATIONS _______________________________________________ 88
SECTION 02696 _____________________________________________________________ 103
DIRECTIONAL DRILL UTILITY PLACEMENT ______________________________________________ 103
SECTION 02935 _____________________________________________________________ 109
SODDING _______________________________________________________________________ 109
Attachment number 1 \nPage 5 of 119
Item # 7
1
SECTION 00020
INVITATION TO BID
Sealed proposals will be received at the City of Clearwater, Purchasing Department, 100 South
Myrtle Avenue, Clearwater, Florida 33756, in Pinellas County, until December 20, 2013 at
11:00AM, at which time and place they will be publicly opened and read aloud in the
Conference Room, 100 South Myrtle Avenue, Clearwater, Florida 33756, for furnishing all
necessary labor, materials, incidental items, and equipment for the City of Clearwater (d/b/a
Clearwater Gas System): Installation of Gas Mains, Service Lines and House Piping at
Various Locations
Specifications and Contract Documents may be obtained from the City of Clearwater, Florida
33756, at no charge and are available on-line @ www.myclearwater.com under the “Services”
link at the top, or go directly to the following link to view all active bids:
http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx
Questions regarding this bid should be directed to Brian Langille, Operations Manager -
(727) 562-4911. Sealed bids must be submitted on proposal forms as provided (or exact copies
thereof) marked, Installation of Gas Mains, Service Lines and House Piping at Various
Locations, for the City of Clearwater, Florida.
All proposals must be accompanied by a certified check, bank draft, or bid bond in the amount of
ten percent (10%) of the base bid, made payable to the City of Clearwater. Which check, bank
draft or bid bond shall guarantee that should the proposal be accepted, the bidder will, within ten
(10) days after the acceptance of his proposal, enter into a contract with the City of Clearwater
for the services proposed to be performed and will at that time furnish performance and payment
bonds each in the amount of 30 percent (30%) of the contract, made payable to the City of
Clearwater, Florida, which bonds shall be adequate to guarantee the faithful performance of the
contract.
Proposals may be withdrawn prior to the date of opening, but no proposal may be withdrawn for
a period of ninety (90) days after the date of the opening of bids.
Plans, specifications and bid forms may be obtained from City of Clearwater, Purchasing
Department, located at 100 South Myrtle Avenue, Clearwater, Florida 33756, at no charge.
The City of Clearwater reserves the right to waive any informalities or to accept or reject any or
all bids in part or in total and award the contract in the best interest of the City.
By: _________________________________
Date: _________________________________
Attachment number 1 \nPage 6 of 119
Item # 7
2
SECTION 00100
INSTRUCTIONS TO BIDDERS
00100.01 QUALIFICATIONS OF BIDDERS
Bidders shall have successfully completed two (2) contracts for similar replacement work in an
amount not less than one hundred per centum (100%) of the amount of the proposal contract
during the past three years.
Bidders shall have received Contract Documents from the Engineer. The Owner may make such
investigations as he deems necessary to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the Owner any additional information and financial data for this
purpose as the Owner may require. The data shall include a detailed and up-to-date list of
equipment the bidder proposes to use, indicating which portions he already possesses and a
detailed description of the method and program of the work he proposes to follow.
If such an investigation fails to satisfy the Engineer or Owner that the bidder is properly qualified
to complete the work described in the drawings and specifications or to meet the financial
obligations of such a contract, the bid may be rejected. In the event the bidder fails, refuses, or
neglects to submit the requested additional information within ten (10) days of the date of any
request for submission, the bidder's proposal guarantee shall be forfeited to the use of the Owner,
not as a penalty, but as liquidated damages.
00100.02 BIDDER'S RESPONSIBILITY
Each bidder shall familiarize himself with all the attached forms, Instructions, General
Provisions, Specifications, Drawings, etc., as he will be held responsible to fully comply
therewith. Each bidder must visit the site of the proposed work and thoroughly acquaint himself
with conditions affecting the work, all utilities in existence to which connections are to be made,
all other requirements of the contract, and obtain all information necessary for completion of the
work on or before the date specified. Each bidder shall also make himself familiar with all
Federal, State, Local and Municipal laws, ordinances, rules and regulations which in any manner
affect the work, those engaged or employed in the work, or the materials or equipment used in or
upon the work. If the bidder or Contractor shall discover any provision in the plan, specification,
or other contract documents which is contrary to, or inconsistent with, any such law, ordinance,
rule, or regulation, he shall immediately report it to the Engineer in writing. The Contractor shall
not at any time after the execution of his contract set up any claims whatever based upon
insufficient data or incorrectly assuming conditions, nor shall he claim any misunderstanding in
regard to the nature, conditions or character of the work to be done under the contract, and he
shall assume all risks resulting from any changes in the conditions which may occur during the
progress of this work.
Attachment number 1 \nPage 7 of 119
Item # 7
3
00100.03 SITE CONDITIONS
Any information on site or soil conditions made available to the prospective bidders through data
collected by test borings and presented on the Engineer's drawings or available in preliminary
reports prepared by the Engineer or obtained verbally from a representative of the Owner or the
Engineer does not guarantee that such site or soil conditions will be as described, and are made
available only upon waiver of all responsibility of the Owner and Engineer. It is the Contractor's
sole risk and responsibility to verify such information in order that he may complete the project
as specified and shown on the contract documents. Under no condition will a variation in the
information obtained by the Engineer on site or soil conditions, including underground soil or
groundwater conditions at the job site, be accepted as a basis in any claim for extra
compensation.
00100.04 OMISSIONS AND DISCREPANCIES
Should a bidder find discrepancies in, or omissions from the drawings or other Contract
Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer.
All notice of omissions or discrepancies or request for clarification must be forwarded to the
Engineer in writing not less than six (6) days before the advertised date of the opening of bids.
Such clarification and corrections as are necessary will be issued in the form of an Addendum to
the Contract Documents and will be forwarded to all prospective bidders. Any Addendum so
prepared and forwarded shall be a part of the Contract Documents. Neither the Engineer nor the
Owner will be responsible for any other explanation or clarification of the Contract Documents.
00100.05 BID ITEMS AND ESTIMATED QUANTITIES
The Owner may increase, decrease or omit the estimated quantity of the work to be done under
any item in the best interests of the project and the unit price as submitted in the proposal shall
be the unit price which the Contractor will receive for any work specified to be done under that
item.
All work herein specified or implied in any way in the drawings or specifications shall be done
regardless of whether or not the work is specifically defined in any bid item.
The Contractor agrees that the estimated quantities shown in the Bid Schedule are only for the
purpose of comparing bids and that he/she is satisfied with, and will at no time dispute, the said
estimates as means of comparing the aforesaid bids, that he/she will make no claim for loss of
profits or anticipated profits because of any difference between the said estimated quantities and
the quantities of various classes of work actually furnished or performed, that the Owner shall
not be held responsible if any of the said estimated quantities should vary by any amount from
those actually measured during performance of the work.
Attachment number 1 \nPage 8 of 119
Item # 7
4
00100.06 APPROVED MATERIALS AND EQUIPMENT
Whenever a material, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers,
etc., it is intended to establish a standard of quality and it will be presumed, unless specifically
excepted by the bidder, that the base bid includes the materials or articles so named, and that the
Contractor's proposal, if accepted, will constitute a contractual obligation to furnish the standard
named materials or articles and no other. To assist the Engineer in making an adequate
evaluation, the bidder shall submit with his proposal, at the time bids are received, detailed
information and data on the items he proposes to furnish as equally acceptable to the named
terms. The data furnished shall include as applicable and needed for evaluation, manufacturer's
name, model identification, descriptive brochures, specifications, performance data, guaranteed
efficiencies, and list of installations in similar service. Such alternate material, article or piece of
equipment shall not be purchased or installed by the Contractor without the Engineer's written
approval. Any revisions to the Drawings as a result of alternate equipment shall be at the
expense of the Contractor.
00100.07 SAMPLE OF MATERIALS
Before any contract is awarded, the bidder may be required to furnish a complete statement of
the origin, composition and manufacture of any or all materials to be used in the work, together
with samples, which samples may be subjected to the tests provided for in these specifications to
determine their quality and conformity to the plans and specifications.
00100.08 PROPOSAL FORM
All bids must be submitted on photocopies of the proposal form bound within these
specifications. No proposal will be considered which is submitted otherwise than on the prepared
proposal form and in the designated manner. The blank spaces in the proposal shall be filled in
correctly where indicated for each and every item for which a description is given, and the bidder
must state the prices for which he proposes to do each part of the work contemplated, and the
total amount for all the parts included in any or all of the combinations of the work. In case of
discrepancy, the written words or "Unit Price", where stated, shall be considered as being the bid
price. The bidder shall sign his proposal correctly. If the proposal is made by an individual in
addition to his signature his post office address must be shown; if made by a firm or partnership,
the post office address of each member of the firm or partnership; if made by a corporation, the
person signing the proposal must be President or Vice-President of the corporation. No proposal
will be considered which is not based upon the complete plans and specifications, or which
contains any qualifying letter or written memorandum not permitted in these specifications, or
which is not properly made out and signed in writing by the bidder. The proposal shall be
submitted in a sealed envelope bearing the name of the Contractor and describing the project for
which the proposal is being submitted. Proposals will be accepted by registered mail, and then
only if the proposal is enclosed in another sealed envelope contained within the mailing envelope
and is delivered to the Owner prior to the time established for opening bids.
Attachment number 1 \nPage 9 of 119
Item # 7
5
00100.09 WITHDRAWAL OF PROPOSALS
Bidders will be given permission to withdraw any proposal after it has been received by the
Owner, provided the bidder, or his agent duly authorized to act for him, personally appears
before the Owner with a written request prior to the time set for the opening of bids. At the time
set for the opening of proposals the withdrawn proposal will be returned unopened to the bidder.
00100.10 BID SECURITY
Each proposal must be accompanied by the bidder's bid bond or certified check made payable to
the Owner in the amount specified in the proposal form, which sum will serve as bid security and
will be forfeited to the Owner as liquidated damages in the event an award is made and the
contract and bonds are not promptly and properly executed as required in the specifications. All
certified checks, except those accompanying the two lowest bids, will be returned by certified
mail to the unsuccessful bidders within seven (7) days after the date of the bid opening. (If the
signing of the contract be deferred for a period exceeding two (2) weeks, and the second low
bidder desires to substitute a bid bond for his certified check and the bid bond fully guarantees
his bid, he shall be permitted to do so). The certified checks accompanying the two low bids will
be returned within three (3) days after the Owner and the successful bidder have executed the
contract. In the event no contract award is made within the time limit specified, each certified
check or bid bond will be returned upon the demand of the bidder.
00100.11 OPENING OF PROPOSALS
All proposals will be publicly opened and read, on the date, at the place and commencing at the
time stated in the advertisement. Bidders or their authorized agents should be present. The
Owner reserves the right to reject any or all bids or parts thereof. Proposals may be rejected if
they show any omissions, alterations of form, additions or deductions not called for, conditional
or uninvited alternate bids, or irregularities of any kind. Proposals in which the prices are
unbalanced may be rejected. The Owner reserves the right to accept the bid that will best serve
his interests.
00100.12 METHOD OF AWARD
Bids will be compared on the basis of the total costs of estimated quantities established in the
proposal form, constructed at the unit or lump sum prices bid for the various items listed. The
contract will be awarded to that responsible bidder whose proposal totals the lowest number of
dollars for a complete installation.
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The successful bidder will be officially notified in writing by the Owner of the acceptance of his
proposal and award of contract. This notification will be made within the time limit set up in the
contract documents.
00100.13 EXECUTION OF CONTRACT
The bidder to whom the contract is awarded must, within ten (10) calendar days following
Notice of Award, present himself to the place designated in the official Notice of Acceptance, for
signing of the contract, and to substitute for the bid security, a surety performance and payment
bond in the amount of thirty per centum (30%) of the contract price of the work, conditioned that
the Contractor will faithfully perform all work of this contract and promptly pay for all materials
furnished and labor supplied or performed in the execution of all work. All bonds and insurance
shall be issued by companies authorized to transact business in the State of Florida.
If the lowest responsible bidder to whom the contract is awarded fails to give bonds or execute
the contract within the time specified, the amount of the proposal guarantee shall be forfeited to
the Owner, not as a penalty but as liquidated damages.
00100.14 TIME OF COMPLETION
The successful Contractor shall commence work under his contract on a date to be specified in a
written order from the Owner or his authorized representative, which order will also establish the
completion date in accordance with the total number of consecutive calendar days established as
a working period in the proposal. The Contractor shall have at least two (2) weeks notice of this
commencement date and shall fully complete the work described in these plans and
specifications on, or prior to, the completion date.
If the Contractor fails to commence work within seven (7) days of the announcement of the
official starting date, this shall be just cause for the annulment of the contract.
00100.15 LIQUIDATED DAMAGES
Should the Contractor fail to complete his work on or before the expiration of the date set for
completion or as provided in the Contract Documents covering extension of time, then the
Owner may retain as liquidated damages the amount established in the proposal form, which
amount is agreed upon as the costs which the Owner will sustain per diem by the failure of the
Contractor to complete the work at the time stipulated and the sum is not to be construed as in
any sense a penalty.
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00100.16 EXTENSIONS OF TIME
If the Contractor shall be delayed at any time in the progress of the work by any cause beyond
the Contractor's control and without his fault or negligence, including but not restricted to any
act or neglect of the Owner, or of his employees, or by any other contractor employed by the
Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods,
epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by
delay authorized by the Owner, or by any cause which the Owner shall decide to justify the
delay, then the time of completion shall be extended for such reasonable time as the Owner shall
decide. No such extensions of time shall be deemed a waiver by the Owner of its right to
terminate the contract for abandonment or delay by the Contractor as herein provided or relieve
the Contractor from full responsibility for performance of his obligations hereunder.
The Owner shall determine the number of calendar days, if any, that the Contractor is in default
in completing the work to be done under this contract. The decision of the Owner shall be final
in the case and shall be binding and conclusive upon all parties to the contract.
00100.17 CERTIFICATE OF INSURANCE
The successful bidder shall submit certificates or other documentary evidence to the Owner for
approval, covering Workmen's Compensation Insurance, Public Liability, Property Damage
Insurance, and Special Hazard Insurance, in the amounts specified on the "Summary of
Information to Bidders."
00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE OF PRICES
The successful bidder shall submit, in a mutually acceptable form, a detailed breakdown sheet
and schedule of prices of the proposed construction work. Until the Owner approves the
breakdown, the Owner will not be obligated to make any payments to the bidder.
00100.19 EXISTING MATERIALS AND EQUIPMENT
All existing materials and equipment not specified for the complete construction of the project,
or shown on the plans to be retained or reused, shall remain the property of the Owner and shall
be placed on the project site as the Owner may direct.
00100.20 QUALIFICATIONS OF BIDDERS
In addition to qualifications previously set forth in these specifications, no bid will be considered
unless the bidder, whether resident or non-resident of Florida, is properly qualified to submit a
proposal for this construction in accordance with all applicable laws of the Municipality, County,
and the State of Florida.
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00100.21 STANDARDS
This project shall be completed in accordance with these specifications unless noted or otherwise
directed by the Owner or his authorized representative. The decision of the Owner in
interpreting these specifications shall be final.
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SECTION 00140
SUMMARY OF INFORMATION TO BIDDERS
00140.01 - OBTAINING PLANS AND SPECIFICATIONS
A complete set of bidding documents may be obtained at the office of City of Clearwater,
Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida 33756. Also, these
documents may be downloaded off the City of Clearwater website at
http://www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx
00140.02 - OWNER
The Owner for this project is the City of Clearwater (d/b/a Clearwater Gas System), 400 North
Myrtle Avenue, Clearwater, Florida 33755
00140.03 - CONTRACT
The contract is entitled “Installation of Gas Mains, Service Lines and House Piping at Various
Locations”
00140.04 - BID SECURITY
Each Bidder must deposit with his bid a bid bond in the amount of ten percent (10%) of the bid
total, made payable to the City of Clearwater. All bids may be held for a period of 60 days after
receipt.
00140.05 - TIME OF COMPLETION
The time of completion for this contract: 12 months from contract execution
00140.06 - INSURANCE REQUIREMENTS
The insurance requirements for this contract include but are not limited to the following:
Liability Insurance. The following Liability Insurance shall be provided, paid for, and
maintained during the entire contract period:
Comprehensive General Liability and Auto Liability Insurance on an “occurrence” basis
in an amount not less than $1,000,000 combined single limit Bodily Injury and Property
Damage Liability Insurance.
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Worker’s Compensation Insurance applicable to its employees, if any, for statutory
coverage limits in compliance with Florida Law.
Professional Liability/Malpractice/Errors or Omissions Insurance, as appropriate for the
type of business engaged in by the vendor, shall be purchased and maintained by the
vendor with minimum limits of $500,000 per occurrence.
Additional Insured. The City is to be specifically included as an additional insured on all
Liability Insurance coverage described above.
Notice of Cancellation or Restriction. All Insurance policies must be endorsed and provided to
the City with thirty (30) days notice of cancellation or restriction.
Certificates of Insurance/Certified Copies of Policies. The contractor shall provide the City with
a certificate or certificates of insurance showing the existence of the coverage described above.
The contractor shall maintain this coverage with a current certificate or certificates of insurance
throughout the term of the contract with the City. When specifically requested by the City in
writing, the contractor will provide the City with certified copies of all policies of insurance as
required above. New certificates and new certified copies of policies shall be provided to the
City whenever any policy is renewed, or obtained from other insurers. The certified copies will
be provided to:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, Florida 34618-4748
The contractor shall defend, indemnify, save and hold the City harmless from any and all claims,
suits, judgments and liability for death, personal injury, bodily injury, or property damage arising
directly or indirectly from any performance under this contract, or a subsequent purchase order
entered into by the City and the contractor, its employees, subcontractors, or assigns, including
legal fees, court costs, or other legal expenses. The contractor acknowledges that it is solely
responsible for complying with the terms of this contract or purchase order. In addition, the
contractor shall, at its expense, secure and provide to the City, when requested all insurance
coverage in this contract.
Any party providing services or products to the City will be expected to enter into a written
agreement, contract, or purchase order that incorporates, either in writing or by reference, all of
the pertinent provisions relating to insurance requirements as contained herein. A failure to do
so may, at the sole option of the City, disqualify any contractor, bidder or provider of services
and/or products to the City.
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00140.07 - SCOPE OF WORK
The work to be performed under this contract shall consist of the furnishing of all labor and
equipment necessary to satisfactorily complete the City of Clearwater: “Installation of Gas Mains
and Service Lines at Various Locations”, including written logs, as-built drawing of gas main
and gas service line piping installations and provide all meter/customer piping connections and
required Integrity testing of customer’s piping and reestablishment of gas service in accordance
with these plans and specifications. All workmanship shall be fully guaranteed for a period of
one year after date of acceptance by the Owner. All Testing shall be paid by the Contractor. All
Professional Surveying and job stake out including placement elevations shall be paid by the
Contractor.
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SECTION 00310
PROPOSAL
TO: City of Clearwater
The following proposal is submitted in accordance with your advertisement inviting proposals to
be received until December 20, 2013 for the construction of “Installation of Gas Mains and
Service Lines at Various Locations”
Having carefully examined the contract documents together with all addenda or bulletins and
being familiar with the various conditions of the work, the undersigned herein agrees to furnish
all materials required and to perform all labor necessary to satisfactorily construct the
“Installation of Gas Mains and Service Lines at Various Locations” in accordance with the
plans and specifications for the unit prices stated herein.
Accompanying this proposal is a Certified or Cashier's Check or Bid Bond in the amount of ten
percent (10%) of the bid total drawn upon the ________________________________ BANK
and made payable to the City of Clearwater, to serve as bid security.
The undersigned hereby certifies that this proposal is genuine and not sham or collusive, or made
in the interest or in behalf of any person, firm, or corporation not herein named and that the
undersigned has not directly or indirectly induced or solicited any other bidder to submit a sham
bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned
has not in any manner sought by collusion to secure for himself an advantage over any other
bidder.
The undersigned Bidder agrees to accept the unit prices as full compensation for work
performed.
ACKNOWLEDGMENT is hereby made of receipt of the following ADDENDA issued during
the bidding period, if any:
Addendum #1______________________ Dated: __________________
Addendum #2______________________ Dated: __________________
Addendum #3_______________________ Dated: __________________
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SECTION 00410
CERTIFIED CHECK, CASH OR BID BOND
(Attach certified check, cash or bid bond here)
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SECTION 00510
AGREEMENT
THIS AGREEMENT made and entered this 1st day of February, 2014, by and between the CITY
OF CLEARWATER, FL, a municipal corporation, hereinafter called the “OWNER”, and
FLORIDA GAS CONTRACTORS, INC., hereinafter called the "CONTRACTOR".
WITNESSETH, That for and in consideration of the payments and agreements to be made and
performed by the Owner, the Contractor, at its own cost and expense and with skill and
diligence, will construct and complete all work shown on the Drawings and described in the
Specifications entitled “Installation of Gas Mains, Service Lines and House Piping at
Various Locations” (Bid # 04-14)
1. The Contractor shall provide and furnish all labor, materials, necessary tools, expendable
equipment, and all utility and transportation service required to complete the work
provided for in this contract. It is understood and agreed that said labor, materials, tools,
equipment and service shall be furnished and said work performed and completed subject
to the satisfaction of the Owner and subject to the final approval of the Owner and its
authorized representatives. The initial term of this agreement shall begin February 1,
2014 and terminate on March 31, 2015. After the initial term, this Agreement may be
renewed on an annual basis, for a maximum of two (2) renewal terms, provided the
Contractor holds their prices the same as listed in Bid 04-14. Any amendment must be in
writing and agreed to by both parties.
2. The Contractor agrees to receive the prices stated in the Proposal attached in full
compensation for furnishing material and labor and executing all the work contemplated
in this Contract; the contract amount shall not exceed $1,932,652.50 based on the
estimated quantities in Bid 04-14. Owner reserves the right to purchase any amount up to
the estimated quantities based on its needs as determined solely by Owner. Owner and
Contractor agree that there are no minimum requirements for purchase in this Agreement;
the Contractor, for such consideration, shall be responsible for all claims, causes of
action, loss or damages arising out of the nature of the work aforesaid or from any action
of the elements; or from any unforeseen obstruction or difficulties which may be
encountered of every description connected with the work, and furnishing the materials,
until their final completion and acceptance.
3. The work on the site is to be commenced when directed by the Owner or his authorized
representative.
4. To prevent disputes, it is agreed by and between the parties to this Contract that the
Owner or his authorized representative shall in all cases determine the quality and
quantity of the several kinds of work and materials which are to be paid for under this
Contract, and he shall determine questions in relation to lines, levels and dimensions of
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work. The Owner shall determine questions in relation to interpretation of the plans and
specifications.
5. Payment shall be made in accordance with provisions as outlined elsewhere in these
Contract Documents.
6. The Contract Documents shall consist of the following all of which are familiar to the
Contractor and which are incorporated herein by reference:
1. Invitation to Bid 7. General Conditions
2. Instructions to Bidders 8. Supplementary Conditions
3. Summary of Information to Bidders 9. Addenda
4. Bid Forms 10. General Requirements
5. Agreement Forms 11. Specifications
6. Bonds and Certificates 12. Contract Drawings
7. This agreement, together with these documents, form the contract, and they are as fully a
part of the Contract as if hereto attached or herein repeated.
8. Contractor shall at all times furnish adequate tools, testing supplies, appliances,
equipment, a sufficient number of properly OQ skilled workmen, and a sufficient amount
of materials and supplies of proper quality to efficiently and promptly prosecute the work
provided for herein and shall promptly pay for all material purchased and shall pay all
workmen each week, and if required by the Owner, shall obtain and furnish Owner
weekly with signed receipts from all workmen showing the date of payment, the amount
paid, number of hours paid for, the days on which said work was performed, the
classification of the labor so paid, and the rate of wage per hour paid and shall supply
Owner weekly with two (2) copies of the payroll verified by an affidavit. Contractor
shall, as often as requested by the Owner, furnish a sworn statement showing all parties
who furnished labor or materials to the Contractor, with their names and addresses and
the amount due or to become due each. A like statement may be required from any
subcontractor of the Contractor.
9. Should the Contractor default in any of the provisions of this contract and the Owner
employs an attorney to enforce or construe any provision hereof or to collect damages for
breach of the agreement or to recover on any bonds provided for herein, the Contractor
and/or his surety agree to pay the Owner such reasonable attorney's fees as the Owner
may expend therein. As against the obligations contained herein, the Contractor and his
surety waive all rights of exemption.
10. The undersigned Contractor agrees that he has carefully inspected all contract documents
and is familiar with the same, and agrees that he is responsible for having heretofore
examined the site, the location and route of all proposed work, and for having satisfied
himself as to the character of said route, the location of surface and underground
obstructions and nature thereof, the nature of the ground water table conditions and other
physical characteristics of the work and the work site in order that he may include in the
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price which he has bid and the price of this contract all costs pertaining to the work, and
the contract price is based upon these inspections and examinations.
11. In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law specifically to:
a. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service being provided by the contractor
hereunder.
b. Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the
cost provided for in Chapter 119, Florida Statutes, as may be amended from time to
time, or as otherwise provided by law.
c. Ensure that the public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
e. The contractor hereby acknowledges and agrees that if the contractor does not comply
with a public records request, the public agency shall enforce the contract provisions
in accordance with the contract.
12. This contract shall not be construed for or against any party because that party wrote it.
13. The Contractor and the Owner for themselves, their heirs, executors, administrators,
successors, and assigns, hereby agree to the full performance of the covenants herein
contained.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT.
(CONTRACTOR SEAL) FOR THE CONTRACTOR
By: ____________________________
Name:
Title:
_______________________________
Witness for the Contractor
CITY OF CLEARWATER, FLORIDA
Countersigned:
_____________________________ By: ___________________________
George N. Cretekos William B. Horne, II
Mayor City Manager
APPROVED AS TO
FORM: ATTEST:
_____________________________ By:____________________________
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk
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SECTION 00520
CONTRACTOR'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF
Before me, the undersigned, a Notary Public, duly commissioned, qualified and acting in and for
said County and State personally appeared _______________________________________
(Individual, Partner, or duly authorized representative of Corporate Contractor) who being duly
sworn according to law deposes and says that all labor, material and outstanding claims and
indebtedness of whatever nature arising out of the performance of the contract of the
(Owner) with
_________________________________________________(Contractor) have been paid in full.
______________________________________________________________________________
(Individual, Partner, or duly authorized representative of Corporate Contractor)
Sworn to and subscribed before me this day of , 201_.
_____________________________________
Notary Public
SEAL
Commission expires: ___________________
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SECTION 00530
CONTRACTOR'S RELEASE
KNOW ALL MEN BY THESE PRESENTS that ____________________________________,
a Contractor in the County of ______________ and State of ____________________, do hereby
acknowledge that (Contractor) this day has had and received of and
from the City of Clearwater, the sum of One Dollar and other valuable consideration in full
satisfaction and payment of all sums of money owing, payable and belonging to
(Contractor) by any means whatsoever, for on account of a certain agreement between the said
City of Clearwater and _____________
_____________________________________________________________ (Contractor) dated.
NOW THEREFORE, the said (Contractor)(for myself, my heirs,
executors and administrators)(for itself, its successors and assigns) do by these presents remise,
release, quitclaim and forever discharge the said City of Clearwater, its successors and assigns,
of and from all claims and demands arising from or in connection with the said agreement dated
________________________, and of and from all, and all manner of action and actions, cause
and causes of action and actions, suits, debts, dues, sums and sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances,
damages, judgments, extents, executions, claims and demand, whatsoever in law or equity, or
otherwise which against the said City of Clearwater, its successors or assigns, the Contractor, its
heirs, successors and assigns ever had, now have, or which (I, my heirs, executors, or
administrators)(it, its successors and assigns) hereafter can, shall or may have, for, upon or by
reason of any matter cause or thing whatsoever, from the beginning of the world to the date of
these presents.
IN WITNESS WHEREOF, (Contractor) has caused these
presents to be duly executed the day of , 201__.
Signed, Sealed and Delivered in the presence of:
________________________(SEAL)
(Individual Contractor)
ATTEST: (SEAL)
(Partnership Contractor)
By (SEAL)
(Secretary) (Partner)
____________________________
(Corporation)
AFFIX CORPORATE SEAL,
if a corporation By___________________________
(President or Vice President)
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SECTION 00540
STATEMENT OF SURETY COMPANY
In accordance with the provisions of the contract dated between the City
of Clearwater, Owner of and (Contractor) of
, the (Surety) surety on the bond of
(Contractor) after a careful examination of the books and records of said Contractor or after
receipt of an affidavit from Contractor, which examination or affidavit satisfies this company
that all claims for labor and materials have been satisfactorily settled, hereby approves of final
payment of the said_________________________(Contractor), Contractor, and by these
presents witnessed that payment to the Contractor of the final estimates shall not relieve the
Surety Company of any of its obligations to the ________________ by the said Surety
Company's Bond.
IN WITNESSETH WHEREOF, the said Surety Company has hereunto set its hand and seal this
day of , 201__.
ATTEST:
SEAL By_________________________________
(President, Vice President)
Note: This statement, if executed by any person other than the President or
Vice President of the Company, must be accompanied by a certificate of even
date showing authority conferred upon the person so signing to execute such
instruments on behalf of the Company represented.
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SECTION 00610
PERFORMANCE - PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we ______________________, a
Corporation (Corporation-Partnership-Sole Proprietor, Etc.), hereinafter called "Principal" and
________________________________(Surety) of , State of Florida, hereinafter
called the "Surety," are held and firmly bound unto the ________________, hereinafter called
"Owner" in the penal sum of Dollars, in lawful money of the United
States for the payment of which sum will and truly be made, we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a
certain contract with the Owner, dated the day of , 201 , a copy of
which is attached hereto and made a part hereof for the construction of:
Installation of Gas Mains, Service Lines and House Piping at Various Locations
NOW. THEREFORE, if the Principal shall, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said contract during the original
term thereof, and any extensions thereof which may be granted by the Owner, with or without
notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract,
and shall fully indemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any default, and shall promptly make
payment to all persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the prosecution of the work provided for in such contract, and any authorized
extension or modification thereof, including all amounts due for materials, lubricants, oil,
gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such work, and all insurance premiums on said work, and for all labor, performed
in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for the value received hereby stipulates and agrees
that no change, extension of time, alterations or additions to the terms of the contract or to the
work to be performed hereunder or the specifications accompanying the same shall in anyway
affect its obligation 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.
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PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, the said Principal and Surety have duly executed this instrument
under seal in counterparts, each one of which shall be deemed an original, this the ___day
of , 201__.
ATTEST: ___________________________
(Principal)
_____________________________
(Principal) Secretary By ___________________________
(SEAL) ______________________________
(Address)
______________________________ ______________________________
(City/State/Zip)
(Witness as to Principal)
______________________________
(Address)
______________________________
(City/State/Zip)
______________________________
(Surety)
ATTEST:
By ___________________________
(Surety)
(SEAL) _
(Address)
_____________________________
(Witness as to Surety)
_____________________________
(Address)
_____________________________
(City/State/Zip)
Note: Date of Bond must not be prior to date of Contract.
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SECTION 00620
CERTIFICATE OF INSURANCE
(Attach insurance certificates here)
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SECTION 00700
GENERAL CONDITIONS
00700.01 DEFINITIONS
The Contract Documents consist of the Advertisement for Bids, Instructions to Bidders,
Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract,
General Conditions, the Technical Specifications and the Drawings, including all modifications
and addenda thereof incorporated in the documents before their execution. These form the
Contract.
The Owner as used herein shall refer to and designate a public body or authority, corporation,
association, partnership or individual for whom the work is to be performed, or his or their
authorized representative or agent.
The Contractor is the individual, partnership, corporation or other entity undertaking to do the
work herein specified, or his or their heirs, legal representatives, successors or assigns. When
more than one prime contract is awarded for a single project the general contractor shall be so
designated by the Owner.
The Engineer shall be Clearwater Gas System. The word Engineer shall include the officers,
agents, inspectors and employees of Clearwater Gas System.
A Subcontractor shall be an individual, partnership, corporation or other entity having a direct
contract with the Contractor to furnish material, work to a special design according to the plans
and specifications of this work, or supplying specialized labor and materials for this work. This
does not include one who merely furnishes material or labor not particular to this project.
Written Notice shall be deemed to have been fully served if delivered in person to the individual,
or to a member of the firm, or to an officer of the corporation, for whom it is intended, or if
delivered at or sent by registered mail to the last business address known to him who gives
notice.
The term "Work" of the Contractor or the Subcontractor includes labor or materials, or both,
equipment, transportation, or other facilities necessary to complete the contract.
All time limits stated in the Contract Documents are the essence of the Contract.
Whenever the word "approved" is used herein, it shall be held, unless otherwise specified, to
mean as approved by the Owner. Similar use will be made of the words "directed," "required,"
"permitted," and words of like import.
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00700.02 EXTENT OF CONTRACT
The Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders,
Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical
Specifications, and the Drawings are, and shall be taken to be, parts of this Contract. All work
and materials mentioned in the specifications and not shown on the drawings and all work and
materials shown on the drawings and not mentioned in the specifications, and all work and
materials necessary for the completion of the work according to the true intent and meaning of
the contract drawings and specifications, and all work and materials required to complete the
entire facility as described in the Advertisement shall be furnished, performed and done, as if the
same were both mentioned in the specifications and shown on the drawings.
The drawings which accompany the specifications are herein designated contract drawings and
are for the purpose of illustrating the general character and extent of the work and are subject to
such modifications and elaboration’s by the Owner and Engineer as may be found necessary or
advisable, either before or during the prosecution of the work, and the Contractor shall conform
to and abide by whatever supplementary drawings and explanations that may be furnished by the
Engineer for the purpose of illustrating the work. The Engineer shall decide as to the true
meaning or intention of any portion of the specifications and drawings where the same may be
found unclear or in conflict.
Should anything be omitted from the contract drawings or specifications which is necessary for a
clear understanding of the work, or should any error appear either in any of the various
instruments furnished or in the work done by other Contractors affecting the work included
under this contract, the Contractor shall promptly notify the Engineer of such omissions or
errors, and in the event of the Contractor's failure to do so, he shall make good any damage to or
defect in his work caused thereby. He will not be allowed to take advantage of any error or
omission on the contract drawings, as full instructions will be furnished by the Engineer, should
such error or omission be discovered, and the Contractor shall carry out such instructions as if
originally specified.
00700.03 OBLIGATIONS OF CONTRACTOR
The Contractor shall, at his own cost and expense unless otherwise specified, furnish all the
necessary materials, labor, supervision, superintendent, tools and appliances, and shall construct,
finish, test and purge in a safe, substantial and workmanlike manner the work of this contract
within the time and in the manner specified and in accordance with the contract drawings.
The Contractor shall complete the entire work to the satisfaction and approval of the Owner and
shall accept in consideration of, and as full compensation for the work, the sums set opposite the
respective classes of work and materials named in the Contract and proposals herein contained,
the said sums being the amount at which the Contract therefore was awarded to the Contractor.
Acceptance or approval of the work or materials by the Owner does not relieve the Contractor
from liability for poor or defective workmanship and/or materials and any such acceptance or
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approval is understood to relate to work or materials which can be observed and does in no way
pertain to latent defects or defects ascertainable through testing.
00700.04 SUBCONTRACTS
The Contractor shall not assign or sublet the whole or any part of the work without the written
consent of the Owner and without the written approval by the Owner of the specific party to
whom it is proposed to assign or sublet the same. No such consent and approval, and no approval
of the form of such assignment or subletting, shall release or relieve the Contractor from any of
the obligations and liabilities assumed by him under this Contract, and, as between the parties
hereto, the Contractor shall remain responsible and liable as if no such assignment or subletting
had been made. Nothing contained in the Contract documents shall create any contractual
relationship between any subcontractor and the Owner. The Contractor shall comply with the
ASME B31Q Code, which meets the requirements of Federal CFR 49 Part 192 Subpart N,
particularly the “Span of Control” ratio which requires the supervision of non-qualified
personnel by OQ certified individuals depending on the performance of the covered task
00700.05 SEPARATE CONTRACTS
The owner reserves the right to let other contracts in connection with this work. The Contractor
shall afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work, and shall properly connect and coordinate his work
with theirs.
If any part of the Contractor's work depends for proper execution or results upon the work of any
other contractor, the Contractor shall inspect and promptly report to the Owner any defects in
such work that render it unsuitable for such proper execution and results. His failure to so inspect
and report shall constitute an acceptance of the other contractor's work as fit and proper for the
reception of his work except as to defects which may develop in the other contractor's work after
the execution of his work.
To insure the proper execution of his subsequent work, the Contractor shall measure work
already in place and shall at once report to the Owner any discrepancy between the executed
work and the drawings.
Wherever work being done by the Owner's forces or by other contractors is contiguous to work
covered by this Contract, the respective rights of the various interests involved shall be
established by the Owner, to secure the completion of the various portions of the work in general
harmony.
00700.06 BONDS
The bidder to whom the Contract is awarded must, within ten (10) calendar days following
notice of award, present himself to the place designated in the official notice of acceptance, for
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signing of the Contract and the plans, and to substitute for the bid security, a surety
performance-payment bond in the amount of thirty per centrum (30%) of the Contract price,
conditioned that the Contractor will faithfully perform all work of this contract and promptly pay
for all materials furnished and labor supplied or performed in the prosecution of all work. All
bonds and insurance shall be issued by companies authorized to transact business in the State of
Florida and acceptable to the Owner.
00700.07 ADDITIONAL OR SUBSTITUTE BOND
If at any time the Owner shall be or become dissatisfied with any Surety or Sureties then upon
the Performance, Maintenance, Material and Labor Bond, or if for any reason such Bonds shall
cease to be adequate security to the Owner, the Contractor shall, within five (5) days after notice
from the Owner to do so, substitute an acceptable bond or bonds in such form and sum and
signed by such other Sureties as may be satisfactory to the Owner. The premium on such Bond
or Bonds shall be paid for by the Contractor. No further payments shall be deemed due nor shall
be made until the new Sureties have qualified.
00700.08 INSURANCE
A: General
The Contractor shall not commence work under this contract until he has obtained all insurance
required, as specified on the "Summary of Information to Bidders," submitted certificates for this
insurance, and such insurance has been approved by the Owner; nor shall the Contractor allow
any subcontractor to commence work on his subcontract until all similar insurance required of
the subcontractor has been so obtained and approved. The Owner, however, may accept
insurance covering a subcontractor in character and amounts less than the standard requirements
because of the character or the extent of the work to be performed by such subcontractor, such
acceptance by the Owner must be expressly stated in writing.
B: Worker's Compensation
The Contractor shall take out and maintain during the life of this contract adequate Worker's
Compensation Insurance for all his employees employed at the site of the project and in case any
work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's
Compensation Insurance for the latter's employees, unless such employees are covered by the
protection afforded by the Contractor. Coverage shall include Employer's Liability, Voluntary
Compensation and U.S. Longshoremen's and Harbor Workers Act Coverage where applicable.
The Contractor shall, at all times, indemnify and save harmless the Owner and the Engineer, of
and from all claims for Worker's Compensation which may be made by any of the employees of
the Contractor or by any of the employees of any subcontractor to whom the Contractor may
have let the performance of any part of the work embraced by this Contract and the Contractor
will appear for and defend the Owner and Engineer against any and all such claims.
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C: Public Liability and Property Damage
Each Contractor shall take out and maintain during the life of the Contract such Public Liability
and Property Damage Insurance as shall protect the Owner, the Engineer, the Contractor, and
any subcontractor performing work covered by this Contract from claims for damages for
personal injury, including wrongful death, as well as from claims for property damages, which
may arise from performance related to this contract, whether such performance be by himself or
by any subcontractor or any person directly or indirectly employed on the project.
D: Fire Insurance
The Contractor shall, from commencement of the Contract and until final acceptance by the
Owner upon completion of the entire contract, maintain insurance on all insurable items of the
work included in the Contract against loss or damage by fire or lightning and those periods
covered by the extended coverage endorsement. This insurance shall be listed in the names of the
Owner; Trustee; Contractor; and his subcontractors as their respective interests may appear, in
such amounts as shall fully protect the interests of the Owner; Trustee; Contractor; or any of his
subcontractors.
The risk of loss or damage to the construction work due to the perils covered by the said fire
policy with extended coverage, as well as any other hazards which might result in damage to the
construction work, is that of the Contractor and Surety, and no claims for extra money by the
Contractor for such loss or damage shall be recognized by the Owner nor will such loss or
damage excuse the complete and satisfactory performance of the Contract by the Contractor.
E: Special Hazards
Special hazards, if there is a possibility of such hazards existing in the work contemplated, shall
be covered by rider or riders to the policy or policies. Specific customer appliance or system
damage or two such possible hazards are blasting and environmental damage.
00700.09 PROOF OF INSURANCE
Contractor shall, prior to executing the Contract, deliver to the Owner, proper evidence of
carriage of the insurance required by this Contract. Certificates will be acceptable proof of
public liability, property damage and Worker's Compensation Insurance. An original policy of
fire insurance must be submitted to the Owner as soon as an insurable interest exists.
00700.10 ACCIDENTS AND CLAIMS
The Contractor shall be held responsible for all accidents and shall indemnify and protect the
Owner and Engineer from all suits, claims and actions brought against it, and all cost for liability
to which the Owner or Engineer may be put for any injury or alleged injury to the person or
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property of another resulting from negligence or carelessness in the performance of the work, or
in protection of the project site, or from any improper or inferior workmanship, or from inferior
materials used in the work.
00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS
Should a Contractor in the performance of his Contract cause damage to any person, any
property, or work of another Contractor working on this project, he shall, upon due notice to do
so from the Owner or other party to the damage, arrange for an amicable settlement thereon. It is
agreed by all parties herein that such disputes shall not delay completion of the work, nor be
cause for claim against the Owner or Engineer. Work shall be continued by the party claiming
damages at his expense, subject to such damages as may be obtained by due course of law.
00700.12 CONTRACTOR'S LIABILITY
The status of the Contractor in the work to be performed by him under this Contract is that of an
independent Contractor and that as such he shall properly safeguard against any and all injury or
damage to any person, to public and private property, materials and things; and that, as such, he
alone shall be responsible for any and all damage, loss or injury to persons or property that may
rise, or be incurred, in or during the conduct or progress of said work without regard to whether
or not the Contractor, his subcontractors, agents, or employees have been negligent; and that
Contractor shall keep the Owner and Engineer free from, and shall discharge any and all
responsibility and therefore of any sort or kind. The Contractor shall assume all responsibility for
risks or casualties of every description, for any or all damage, loss or injury to persons or
property arising out of the nature of the work, from the action of the elements, or from any
unforeseen or unusual difficulty, the Contractor shall assume and be liable for all blame and loss
of whatsoever nature by reason of neglect or violation of any federal, state, county, or local laws,
regulations or ordinances; that Contractor shall indemnify and save harmless the Owner and
Engineer all their officers, agents, and employees, from all suits or actions at law of any kind
whatsoever in connection with this work and shall, if required by the Owner, produce evidence
of settlement of any such action before final payment shall be made by the Owner. Contractor
acknowledges receipt of one dollar as full and specific consideration for this indemnity
agreement.
00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT
It is the responsibility of, and it is hereby agreed that, the Contractor has, prior to signing of the
Contract, satisfied himself as the nature and location of the work, the conformation of the
ground, the character, quality, and the quantity of the materials which will be required, the
character of equipment and facilities needed preliminary to and during the prosecution of the
work, the general and local conditions, and of all other matters which can in any way affect the
scope of the work under this Contract. Information concerning the general condition of the
project site existing at the time of bidding is presented in the plans and specifications solely for
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information and convenience in describing the work to be accomplished and the use by the
Contractor of such information cannot in any way relieve the Contractor of his responsibilities as
outlined herein for determining the actual conditions existing at the site and for basing his bid
price upon such conditions. No verbal agreement or conversation with any officer, agent,
employee of the Owner, or the Engineer, either before or after the execution of this Contract,
shall affect or modify any of the terms or obligations herein contained. Failure to comply with
any or all of the requirements will not relieve Contractor from the responsibility of properly
estimating the difficulty or costs of successful completion of the work nor from the responsibility
for the faithful performance of the provisions of this Contract.
00700.14 PATENT RIGHTS
The Contractor shall obtain all necessary consents and shall pay all royalties, licenses, and fees
for the use of any patented invention, articles, composition or process in the work done or the
materials furnished, or any part thereof embraced in this Contract. The Contractor shall be
responsible for any claims made against the Owner, its agents and employees for any actual or
alleged infringement of patents by the use of any patented articles, appliances, etc., in the
construction and completion of the work, and shall save harmless and indemnify the Owner, its
agents and employees from all costs, expenses, and damages, including attorney's fees which the
Owner may be obliged to pay by reason of any actual or alleged infringements of patents used in
the construction and completion of the work herein specified.
00700.15 PERMITS AND LICENSES
Permits and licenses of a temporary nature necessary for the prosecution of the work shall be
secured and paid for by the Contractor unless otherwise specified. Permits, licenses and
easements for CGS gas mains and services classified as CGS permanent structures or permanent
changes in existing facilities will be secured and paid for by the Owner, unless otherwise
specified. Contractor will also be responsible for obtaining gas permits related to house piping
connections to gas meter if required, and maintenance of appropriate trade licenses to perform
the specific scope of work described in this contract, including consumer’s underground house
piping and gas meter relocation piping and connections. They also will be noted as contractor of
record on the applicable permits and be licensed as a contractor in the disciplines of plumbing or
Natural / LP gas contracting in the State of Florida and registered in Pinellas and or Pasco
counties to perform all underground house piping related work and meter connections.
The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations
bearing on the conduct of the work as drawn and specified. If the Contractor observes that the
drawings and specifications are at variance therewith, he shall promptly notify the Engineer in
writing, and any necessary changes shall be adjusted as provided in the contract for changes in
the work. If the Contractor performs any work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs
arising there from.
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00700.16 LAWS AND REGULATIONS
The Contractor at all times shall observe and comply with all Federal, State, Local, and/or
Municipal laws, ordinances, rules, and regulations in any manner and those which may be
enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall
indemnify and save harmless the Owner against any claim or liability arising from, or based on,
the violation of any such law, ordinance, rule, regulation, order, or decree.
The bidder is assumed to have made himself familiar with all Federal, State, Local, and
Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or
employed in the work, or the materials or equipment used in or upon the work, or in any way
affect the work and no plea of misunderstanding will be considered an excuse for the ignorance
thereof. The Contractor shall be licensed in the required discipline of installing gas mains,
services and underground customer piping systems.
00700.17 DIMENSIONS AND ELEVATIONS
Figured dimensions on drawings shall take precedence over the measurements by scale, and
detailed working drawings are to take precedence over general drawings and shall be considered
as explanatory of them. In case of conflict between dimensions or scales the Engineer shall make
all necessary final clarifications.
00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS
The specifications are intended to supplement and clarify the plans. Work is sometimes called
for in the specifications that is not shown completely on the plans; and the plans sometimes
indicate work that is not mentioned in the specifications. Both plans and specifications must be
complied with completely in order to fulfill the Contract requirements; and whether or not the
work is specifically defined in any bid item, any work called for by either is as binding as if it
were called for by both. The construction drawings, as prepared prior to receiving bids, are
intended to describe the general scope of the work and to form the basis of comparable bids and
may be supplemented after award of the contract with manufacturer's shop drawings, detailed
working drawings and other detailed data necessary to thoroughly describe the requirements of
the finished facility. In no case, however, will such supplemental information form the basis of
claims by the Contractor for increased compensation and in no case will the required work
described by the supplemental information be considered as extra work. In case of conflict
between plans and specifications, the Engineer shall be the sole judge of which shall prevail. The
Engineer shall make all necessary explanations as to the true meaning and intent of the plans and
specifications. Any errors or omissions in the plans and specifications may be corrected by the
Engineer when such corrections are necessary for the proper completion of the work.
The Contractor shall sign and stamp approved all shop or setting drawings for items of
equipment on which he has bid and proposes to install, to verify field dimensions, design criteria,
and materials. After the Contractor has signed and approved the shop drawings, they shall be
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promptly submitted to the Owner in quadruplicate for review for conformance with the design
concepts of the project. The Contractor shall call Owner's attention to any deviation in the shop
drawings or submittals from the requirements of the plans and specifications. No deviation from
the plans and specifications shall be approved without a written Change Order. Changes or
corrections may be noted by the Owner and one copy will be returned to the Contractor. The
Contractor shall make any corrections required by the Owner and shall return the required
number of corrected copies of shop drawings until no exception is taken. The Contractor shall
direct specific attention in writing to revisions on resubmitted shop drawings other than the
corrections called for by the Owner on previous submissions. Contractor's stamp of approval on
any shop drawings shall constitute a representation to the Owner that the Contractor has either
verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and
similar data or he assumes full responsibility for doing so and that he has reviewed or
coordinated each shop drawing with the requirements of the work and the Contract documents.
The shop drawings in no way become a part of the Contract documents but are furnished for
informational purposes only. Regardless of corrections made in, review or approval given to
such drawings by the Engineer, the Contractor shall be responsible for the accuracy of such
drawings and for their conformity to the Contract plans and specifications.
00700.19 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTORS
The successful General Contractor shall be entitled to receive from the Owner six (6) free sets of
Contract drawings and specifications.
00700.20 WORKING SCHEDULES AND PROGRESS CHARTS
The Contractor shall prepare and submit to the Owner for approval prior to initiating
construction activities a working schedule showing the locations and the order in which the
Contractor proposes to undertake the construction. A schedule will include anticipated starting
and completion dates for the various sections and items included in this Contract and will also
indicate scheduled delivery date for all mechanical equipment. All work provided to the
contractor, including service lines shall be scheduled within a 72 hour turn around; emergency
work will have an immediate response. FDOT, County and Municipal permit utilization right of
way and road crossing permit installations shall be prioritized to recover from the delay
associated with obtaining the permit.
Accompanying this schedule shall be a chart sufficiently large to be suitable for recording the
progress of the work. The Contractor will be required to indicate actual progress on this chart
and printed copies shall be made available at the end of each month. These progress charts will
be used in preparing the monthly estimates to the Owner. The contractor shall furnish an
electronic copy of the daily work schedule in advance of the work being done preferably prior to
the beginning of the work day. Copies include Construction Inspection, Gas Sales and Senior
Account.
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00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR
The Contractor shall give the work the constant attention necessary to facilitate the progress
thereof and shall cooperate with the Owner and with other contractors in every way possible. The
Contractor shall at all times have an OQ competent superintendent, capable of reading and
thoroughly understanding the drawings and specifications, as his agent on the work, who shall,
as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent
shall be furnished irrespective of the amount of work sublet.
The Contractor shall be solely and wholly responsible for delivering the completed work in a
good, safe and workmanlike condition and for the good condition of the work and materials until
final acceptance and his formal release from his obligations. He shall bear all losses resulting on
account of the weather, fire, the elements, or other causes of every kind or nature.
The Contractor shall indemnify and hold harmless (to a limit of $10,000,000) the Owner and the
Engineer and their agents and employees from and against all claims, damages, losses and
expenses, including attorneys' fees arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expenses is:
(a) attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the work itself), including the loss of use resulting there
from and,
(b) is caused in whole or in part by any negligent act or omission of the Contractor, any
Subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part by
a party indemnified hereunder.
In any and all claims against the Owner or the Engineer or any of their agents or employees by
any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, the indemnification obligation
shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's
Compensation Acts, Disability Benefits Acts or other employee benefit acts.
The Contractor shall be held responsible for any violation of laws or ordinances affecting in any
way the conduct of all persons engaged, or the materials or methods used by him, on the work.
The Contractor shall provide and maintain at his own expense, in a sanitary condition, such
accommodations for the use of his employees as are necessary to comply with the requirements
and regulations of the State Department of Health & Rehabilitative Services or the County
Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least
500-feet from the nearest water well. Privies shall have incorporated therein metal containers
which shall be tightly closed and all waste shall be transported away from the site of the work
and disposed of properly.
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Any instructions, directions, or orders from the Owner shall be given to the Contractor through
his authorized representative. The Owner, except in the absence of the representative, has no
authority to give directions, orders or instructions directly to the Contractor.
00700.22 SERVING NOTICE
Any notice to be given the Contractor under this contract shall be deemed to be served if the
same be delivered to the person in charge of any office used by the Contractor or his
superintendent or agent at or near the work, or deposited in a post office, postpaid, addressed to
the Contractor at his place of business as set forth in this contract.
00700.23 AUTHORITY OF ENGINEER
The supervision of the execution of this contract is vested wholly in the Contractor. In the event
the Owner has engaged the Engineer to represent him during the construction phase the order,
instructions, directions, or requests of the Owner are to be given through the Engineer. The
Engineer shall transmit them promptly to the Contractor as coming from the Owner and
originating in the Owner. The Contractor shall designate a representative to receive such
instructions, directions or requests in his absence, and failing to do so, will be held responsible
for the execution of them.
The Owner shall have the sole authority to suspend the work wholly or in part for such period or
periods as may be deemed necessary due to failure on the part of the Contractor to carry out
orders given to perform any or all provisions of the contract. The Contractor shall not suspend
the work and shall not remove any equipment, tools, lumber or other materials without the
written permission of the Owner. The Engineer has no responsibility regarding the Contractor's
safe prosecution of the work or his compliance with any applicable safety codes or regulations.
00700.24 OBSERVATION OF THE WORK
The Owner or his authorized representative-CGS inspector shall have free access to the materials
and the work at all times for measuring or observing the same, and the Contractor shall afford
him all necessary facilities and assistance for so doing. The contractor shall furnish to CGS a
daily work schedule and list of completed jobs. The notification shall be sent before the start of
the work day and a distribution list shall be provided with necessary updates. After written
authorization to proceed with the work and the Engineer has been engaged to act as the Owners
representative, the Engineer shall:
A. Make visits to the site at intervals appropriate to the various stages of construction to
observe the progress and quality of the executed work and to determine in general if the
work is proceeding in accordance with the Contract Documents; he will not be required
to make exhaustive or continuous on-site observations to check the quality or quantity of
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the work, he will not be responsible for the construction means, methods, procedures,
techniques and sequences of construction and he will not be responsible for the
Contractor's failure to perform the construction work in accordance with the Contract
Documents; he will not be responsible for safety precautions and procedures in
connection with the work; and during such visits and on the basis of his on-site
observations as an experienced and qualified design professional he will keep the Owner
informed of the progress of the work, will endeavor to guard the Owner against defects
and deficiencies in the work of Contractors and may disapprove work as failing to
conform to the Contract Documents.
B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests
of materials and equipment and other data which the Contractor is required to submit,
only for conformance with the design concept of the project and compliance with the
information given by the Contract Documents, and assemble written guarantees which
are required by the Contract Documents. Review of shop drawings by Engineer shall not
relieve Contractor from his responsibility to perform his work in accordance with the
plans and specifications.
C. Consult with and advise the Owner, act as the Owner's representative at the project site,
issue all instructions of the Owner to the Contractor and prepare routine Change Orders
as required.
D. Based on his on-site observations as an experienced and qualified design professional and
on his review of the Contractor's applications for payment, determine the amount owing
to the Contractor and approve in writing payment to the Contractors in such amounts;
such approvals of payment to constitute a representation to the Owner, based on such
observations and review of the data comprising such applications, that the work has
progressed to the point indicated and that, to the best of his knowledge, information and
belief, the quality of the work is in accordance with the Contract Documents, subject to
the results of any subsequent test called for in the Contract Documents and any
qualifications stated in his approval. Such partial and final payments will be as specified
elsewhere herein except as modified in this paragraph.
E. Conduct, in company with the Owner, a final site visit of the project for general
conformance with the design concept of the project and general compliance with the
information given by the Contract Documents, and recommend in writing final payment
to the Contractor.
00700.25 EXAMINATION OF THE WORK
The authority and duties of the resident project representatives when provided and authorized as
employees of the Engineer and when the employment thereof is authorized and paid by the
Owner, are limited to examining the material furnished, observing the work done and reporting
their findings to the Engineer. The Engineer does not underwrite, guarantee or insure the work
done by the Contractor. It is the Contractor's responsibility to perform the work in all details in
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accordance with the Contract Documents, and the Engineer shall never be responsible or liable to
either the Owner or the Contractor or any other party by reason of the Contractor's failure to do
so. Failure by the Engineer or by any project representative or other representative of the Owner
engaged in on-the-site observation to discover defects or deficiencies in the work of the
Contractor shall never, under any circumstances, relieve the Contractor from his responsibility
therefore to the Owner, or subject the Engineer to any liability to the Owner, the Contractor, or
any other party for any such defect or deficiency.
Project representatives shall have no authority to permit deviation from or to modify any of the
provisions of the Drawings or Specifications without the written permission or instruction of the
Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable
promptness.
The Engineer, his representatives, employees, or any resident project representative in the
employment of the Engineer will not have authority to supervise, direct, expedite or otherwise
control and instruct or order the Contractor or his employees in the fulfillment of the Contractor's
obligation. The Owner's instructions, orders, directions and/or orders to the Contractor shall be
given only through the Engineer, or his employees. The Engineer may only advise the Contractor
when it appears to the Engineer that the work and/or materials do not conform to the
requirements of the Contract Documents, including the Drawings and Specifications.
The payment of any compensation, irrespective of its character or form, or the giving of any
gratuity, or the granting or any valuable favor, directly or indirectly, by the Contractor to any
project representative, is strictly prohibited, and any such act on the part of the Contractor will
constitute a violation of the contract.
If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any work to specifically be inspected, tested, or approved by someone
other than the Contractor, the Contractor will give the Engineer timely notice of readiness
therefore. The Contractor will furnish the Engineer the required certificates of inspection, testing
or approval. All such tests will be in accordance with the methods prescribed by the American
Society for Testing and Materials, or such other applicable organization as may be required by
law or the Contract Documents. If any such work required so to be inspected, tested or approved
is covered without written approval of the Engineer, it must, if requested by the Engineer, be
uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided.
00700.26 PROTECTION OF WORK AND PROPERTY
The Contractor shall continuously maintain adequate protection of all his work from damage and
shall protect the Owner's property from injury or loss arising in connection with this Contract.
He shall make good any such damage, injury, or loss, except such as maybe directly due to errors
in the Contract Documents, or caused by agents or employees of the Owner. He shall adequately
protect adjacent property as provided by law and the Contract Documents. He shall provide and
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maintain all passage ways, guard fences, lights, and other facilities for protection required by
public authority or local conditions.
From the start of the work until the completion and acceptance of the work, the Contractor shall
be solely responsible for the work covered by this contract and for the materials delivered at the
site intended to be used in the work and all injury or damage done to the same from whatever
cause as well as any damage done by him, his agents, employees and for subcontractors in the
performance of the work, shall be made good by him at his own expense before the final
payment is made. The Contractor shall be responsible for the preservation of all trees along and
adjacent to the work and shall use every precaution necessary to prevent damage or injury
thereto. The Contractor shall not willfully or maliciously injure or destroy trees or shrubs, and he
shall not remove or cut them without proper authorization from the Owner. Any limbs or
branches of trees broken during such operations, shall be trimmed with a clean cut and painted
with an approved tree healing compound. The Contractor will be liable for all damages or at the
option of the Owner may be required to replace or restore at his own expense, all vegetation not
protected and preserved that may be destroyed or damaged.
The Contractor shall provide suitable means of protection for all materials intended to be used in
the work and for all work in progress, as well as for completed work.
The Contractor shall furnish all the necessary equipment, shall take all necessary precautions and
shall assume the entire cost of handling any sewage, seepage, storm, surface and flood flows
which may be encountered at any time during the construction of the work. The manner
providing for these occurrences shall meet with the approval of the Owner, and the entire cost of
said work shall be considered as having been included in the unit prices submitted for the several
items of the work to be done under this contract.
00700.27 USE OF COMPLETED PORTIONS
The Owner shall have the right to take possession of and use any completed or partially
completed portions of the work, notwithstanding that the time for completing the entire work or
such portions may not have expired but such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract Documents. If such prior
use increases the cost of or delays the work, the Contractor shall be entitled to such extra
compensation, or extension of time, or both, as the Owner may determine.
00700.28 THE OWNER'S RIGHT TO DO WORK
If the Contractor should neglect to prosecute the work properly or fail to perform any provision
of this contract, the Owner, after three days' written notice to the Contractor may, without
prejudice to any other remedy he may have, make good such deficiencies and may deduct the
cost thereof from the payment then or thereafter due the Contractor.
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00700.29 ALTERATION OF PLANS
The Engineer reserves the right to make such alterations in the plans or in the character of the
work as may be considered necessary or desirable from time to time to complete fully the
construction of the work, provided such alterations do not change materially the original plans
and specifications, and such alterations shall not be considered as a waiver of any condition of
the contract nor to invalidate any of the provisions thereof.
No alterations in the plans or in the character of the work shall be made without the previous
written approval of the Engineer and/or Inspector.
00700.30 UNAUTHORIZED WORK
Work done without lines and grades being given, and gas pipe installed shallow or contrary to
code requirements, and work done beyond the lines and grades shown on the plans or as given,
except as herein provided, or any extra work done without written authority, will be considered
as unauthorized and at the expense of the Contractor and will not be accepted or paid for by the
Owner. The Owner may order that work so done be removed and replaced at the Contractor's
expense.
00700.31 CLAIMS FOR EXTRA COST
If the Contractor claims that any instructions by drawings or otherwise involves extra cost under
this contract, he shall give the Owner written notice thereof within a reasonable time after the
receipt of such instructions, and in any event before proceeding to execute the work, except in
emergency endangering life or property, and the procedure shall then be as provided for changes
in the work. No such claim shall be valid unless so made.
00700.32 CHANGES IN THE WORK
If for any reason it be deemed necessary in the opinion of the Owner to make any variations in
the scope or nature of the work, which variations increase or decrease the quantities of the work
specified, or change the location to an extent not unreasonably affecting the conditions of the
work, and further interpreted by the Owner as involving no classes of work other than those
called for by this contract, the Contractor shall, upon written order from the Owner to that effect,
make such variations. If such variations diminish the quantity of the work to be done, no claim
for damages or for anticipated profits on the work that may be dispensed with shall there by
accrue to the Contractor, and the value of the work dispensed with will not be included in any
payments made to the Contractor. If such variations increase the amount of the work, the value
of such increase shall be determined and fixed by the Owner in accordance with the quantity of
such work actually done, and at the unit prices stipulated in the contract.
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All major changes will be issued in a standard form which will contain a description of the work
involved in the change, a reference to the proper construction drawings or revised drawings and
will not be effective until signed by the Owner and Contractor.
Such alterations or changes as are mentioned in this section shall not vitiate or annul the
obligations of the contract or the agreement for the work.
Should, in the opinion of the Owner, any contemplated change in the quantities of the work, or
alterations thereof, materially affect the character of the work, or any part thereof, or materially
affect the compensation for the same, then the work shall be classed as extra work.
00700.33 EXTRA WORK/INCREASED COMPENSATION
The Owner may at any time, by a written order, without notice to the Sureties, and without
invalidating the contract, require the performance of such extra work or substantial changes in
the work as it may find necessary or desirable. The amount of compensation to be paid to the
Contractor for any extra work, as ordered, shall be determined as follows:
(a) By unit prices named in contract and subsequently agreed upon.
(b) By a lump sum mutually agreed upon by the Owner and the Contractor; or
(c) If no such unit prices are set forth and if the parties cannot agree upon a lump sum, then
by the actual net cost in money to the Contractor of the wages of applied labor (including
premiums for Worker's Compensation Insurance, and Social Security taxes); plus twenty
per centum (20%) as compensation for all items of profit, administration, overhead,
superintendence, insurance other than Worker's Compensation Insurance, materials used
in temporary structures, allowances made by the Contractor to subcontractors, additional
premiums upon the performance bond of the Contractor and the use of small tools; plus
the net cost to the Contractor for the materials required in the extra work; plus the cost of
rental for plant equipment (other than small tools) required and approved for the extra
work.
00700.34 SUSPENSION OF WORK
The Owner shall have the right to suspend the whole or any part of the work, when, in the
opinion of the Owner, the Contractor is not doing the work in accordance with the provisions of
the contract and specifications.
If, in the judgment of the representatives of the Owner, the Contractor is taking undue risk of
damage to any part of the construction by proceeding with the work during unfavorable weather
or other conditions, then the Owner shall immediately verbally notify the Contractor or his
representatives on the site confirming the same in writing. The Owner may thereupon suspend
the work temporarily, either wholly or in part for such periods as may be necessary on account of
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conditions unfavorable for the safe and proper prosecution of the work. In case of such
suspension, a proper extension of time may be required by the Contractor but, regardless whether
it is granted or not, no allowance will be made of the Contractor for any expense resulting there
from. The Owner shall not be liable to the Contractor in any manner for any expenses, damages,
loss of profits, anticipated or otherwise, or any other charges whatsoever arising out of a
suspension in the work of either this Contractor or any Contractor engaged on this project. It
shall be clearly understood that the failure of the Owner to so advise shall not relieve the
Contractor of his responsibility for compliance with the conditions of the contract.
Should the Contractor fail to comply with any orders of the Owner relative to any particular parts
of the work, the Owner shall have the right to suspend the work on any or all parts until its orders
respecting the particular parts are complied with. In case of such suspension, which shall be
considered due to the fault of the Contractor, no extension of time shall be given and no
allowance will be made for the expense of the Contractor on account of idle equipment or forces
during the terms of such suspension.
00700.35 DEFECTIVE WORK OR MATERIALS
If at any time any materials or workmanship should be discovered which do not comply with the
plans, specifications and contract drawings, such defective work and/or material shall
immediately be removed or corrected by the Contractor when notified to do so by the Owner,
and such defects shall be replaced or corrected at the Contractor's expense. Any work or
materials condemned by the Owner as unsuitable, potentially unsafe or improperly done shall be
removed and repaired or otherwise remedied by replacement, as the Owner may require. Any
defective work regulated by an established OQ covered task shall require the individual,
responsible for such failure, to be OQ recertified prior to performing such covered task.
If the Contractor shall neglect or refuse to remove or replace defective work or materials within
seven (7) days from the date of the notice from the Owner to do so, then the Owner may remove
or cause the same to be removed and satisfactorily replaced by contract or otherwise, as they
may deem expedient, and they may and are empowered, to charge the expense thereof to the
Contractor. The expense so charged will be deducted and paid by the Owner out of such monies
as are or may become due under this agreement, or if such monies are not sufficient to meet said
expense, the additional monies shall be furnished by the Contractor, and if he refuses or neglects
to provide the necessary monies they shall be provided by his Surety.
00700.36 ABANDONMENT OF WORK
Should the Contractor abandon, or in any manner fail to complete the work, the Owner is hereby
authorized and empowered to pay any workmen who may have been employed by the
Contractor, for work done, and to pay any claims against the Contractor for material furnished,
out of any funds that would otherwise be due or become due the Contractor under this Contract,
and in every such case the Owner is hereby authorized and empowered to ascertain the amount
or amounts so due or owning to the workmen, or for materials so furnished; and the amount or
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amounts so found to be due and payable, shall be final and conclusive against the Contractor, and
may thereafter be paid by the Owner to said labor, or to liquidated claims for materials furnished;
and any partial or final payment may be withheld from the Contractor until all such claims for
labor or material on his Contract have been satisfied.
00700.37 FORFEITURE OF CONTRACT
The Owner, at any time during the continuance of the contract for the work herein provided for,
and prior to the date of acceptance of the work as hereinafter provided, shall have the right and
power to declare the whole or any part of the same forfeited for the violation of any of the
conditions, terms, requirements, or limitations herein contained, or if the performance of the
Contract is unnecessarily or unreasonable delayed, or if the Contractor is not progressing with
the work as fast as is necessary to insure its completion within the time specified and as required
by his Contract, or if the Contractor is showing bad faith in carrying out the Contract, or if the
work not be fully completed within the fixed time in this Contract for its completion, or within
the time to which such completion may be extended as hereinafter provided, or further, if the
Contractor shall fail to or refuse to remedy or repair defective work or materials when so ordered
as herein provided. If the Owner shall declare the said contract forfeited, in whole or in any
particular, such declaration of forfeiture shall in no way relieve or affect the liability of the
Contractor and his Sureties for breach of any of the covenants and conditions of said Contract.
00700.38 THE OWNER'S RIGHT TO TERMINATE CONTRACT
If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or
if he should persistently or repeatedly refuse or should fail to supply enough properly skilled
workmen or proper materials, or if he should fail to make prompt payment to subcontractors for
material or labor, or persistently disregard laws, ordinances or the instructions of the Owner, or
otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner,
upon determining that sufficient cause exists to justify such action, may, without prejudice to any
other right or remedy and after giving the Contractor seven (7) days' written notice, terminate the
employment of the Contractor and take possession of the premises and of all materials, tools and
appliances thereon and finish the work by whatever method he may deem expedient. In such case
the Contractor shall not be entitled to receive any further payment until the work is finished. If
the unpaid balance of the Contract price shall exceed the expense of finishing the work,
including compensation for additional managerial and administrative services, such excess shall
be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor or his
Sureties shall pay the difference to the Owner. The expense incurred by the Owner as herein
provided, and the damage incurred through the Contractor's default, shall be certified by the
Engineer.
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00700.39 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If the work should be stopped under an order of any court, or other public authority, for a period
of three (3) months, through no act or fault of the Contractor or of anyone employed by him, or if
the Owner fails to make timely payments for completed work, then the Contractor may, upon
seven (7) days' written notice to the Owner, stop work or terminate this Contract and recover
from the Owner payment for all work executed and any loss sustained upon any plant or
materials and reasonable profit and damages.
00700.40 NO WAIVER OF CONTRACT
Neither an extension of time, for any reason, beyond the date fixed herein for the completion of
the Contract, nor the delivery and acceptance of any articles or materials, nor any payment for,
nor acceptance of the whole or any part of the work by the Owner, nor any possession taken by
the Owner or its employees or agents, shall be deemed to be a waiver by the Owner of the right
to abrogate this Contract for abandonment or delay or non- performance in the manner herein
provided, nor shall it operate to void or annul any of the terms of this Contract.
00700.41 NO ESTOPPEL
Neither the Owner, nor any agent or officer thereof shall be precluded or estoppel by any return
or certificate made or given by the Owner or other officer, agent or appointee of the Owner under
any provision of this agreement at any time, either before or after final approval and acceptance
of the work and final payment therefore, from showing the true and correct amount and character
of the work done and materials furnished by the Contractor or any other person under this
agreement or that any such return, or certificate, is untrue and incorrect or improperly made in
any particular, or that the work and materials, or any part thereof, do not, in fact, conform to the
specifications and Contract Drawings, and the Owner shall not be precluded or estopped
notwithstanding any such return or certificate and payment in accordance therewith, from
demanding and recovering from the Contractor such damages as it may sustain by reason of his
failure to comply with the specification and Contract Drawings.
00700.42 TIME FOR COMPLETION
Work on this Contract shall be commenced on a date specified in a written order of the Owner.
The work shall be carried on with such force and in such manner and order and at such points
that within the time limit designated in the Contract, or as may be modified or extended as
hereinafter provided, and as computed from the date stated in the notice to commence work, the
whole work and its parts shall be performed in accordance with the terms of this Contract.
00700.43 COMPLETION OF WORK DEFINED
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The time for the completion of the herein specified work is defined as that state when, in the
opinion of the Owner or his authorized representative, all the work required to be performed
under the terms of the Contract plans, specifications and extra work orders has been completed
and the entire facility including appurtenances is ready for continuous permanent use for the
purpose intended. After this date there may still remain some cleaning up of Contractor's plant or
minor work and/or adjustments, which do not prevent the permanent use of the project.
00700.44 DELAYS AND EXTENSIONS OF TIME
If the Contractor shall be delayed at any time in the progress of the work by any cause beyond
the Contractor's control and without his fault or negligence, including but not restricted to any
act or neglect of the Owner, or of his agents or employees, or by any other Contractor employed
by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires,
floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or
by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the
delay, then the time of completion shall be extended for such reasonable time as the Owner shall
decide. No claim for increased compensation shall be paid for delays.
No such extension shall be made for delay occurring more than seven (7) days before claim
therefore is made in writing to the Owner. In the case of a continuing cause of delay, only one
claim is necessary.
00700.45 LIQUIDATED DAMAGES
It is mutually agreed by and between the parties hereto that time is an essential part of this
Contract, and that, if the Contractor shall fail to complete the work or any part thereof within the
time fixed in the Contract, the Owner will suffer damages the amount of which cannot
reasonably be determined at this time, and therefore agree that the Owner may retain as
liquidated damages incident to such delay, from the monies that are or which may become due
said Contractor, such sum per day as specified in the Proposal for each and every calendar day
the completion of the work be delayed beyond the time specified herein for such completion. In
addition to liquidated damages indicated herein, the Contractor will be responsible for additional
costs of construction phase engineering services caused by his failure to complete work within
the time specified.
00700.46 PRICES
The Owner will pay, and the Contractor shall receive, the prices stipulated in the proposal herein
contained or hereto annexed, as full compensation for furnishing all the equipment and materials,
and performing all the labor which may be necessary in the prosecution of the work required to
provide the complete facility as defined in this Contract.
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00700.47 PARTIAL ESTIMATES AND PAYMENTS
If the work progresses according to this Contract, the Owner will make partial payments to the
Contractor each month on the basis of a confirmed estimate of the work performed during the
preceding calendar month by the Contractor. Upon such estimate being made and confirmed and
approved by the Owner, the Owner will pay to the Contractor ninety per centum (90%) of the
amount established in such an estimate as the value of the work completed. Such payment shall
be considered, however, only as an advance payment and not as part of the final payment to the
Contractor; and the Owner may at all times reserve and retain out of any or all of the said partial
payments all such sums as it is or may be authorized to reserve or retain.
It is understood and agreed that, should the Owner at any time during the progress of the work
consider the amount withheld on monthly estimates of payment to be in excess of the amount
necessary to complete the work or necessary for the full and ample protection of the Owner, then
the Owner, may reduce the percentage retained to an amount sufficient for the Owner's proper
protection.
No estimates given, nor payments made, shall be conclusive of the performance of the contract
either wholly or in part, and no estimates, payments or certificates of final payment shall be
construed to be an acceptance of inferior or defective work or materials.
00700.48 PAYMENTS WITHHELD
The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole
or a part of any certificate to such extent as may be necessary to protect himself from loss on
account of:
1. Defective work not remedied.
2. Claims filed or reasonable evidence indicating probable filing of claims.
3. Failure of the Contractor to make payments promptly to subcontractors, or for material,
labor or equipment.
4. A reasonable doubt that the Contract can be completed for the balance, then unpaid.
5. Damage to another Contractor.
6. Failure of Contractor to clean-up or restore the project site or rights-of-way.
7. Insolvency of Contractor.
8. Manifest intent of Contractor not to proceed diligently or to complete this contract.
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When the above grounds are removed, payment shall be made for amounts withheld because of
them.
00700.49 LIENS AND FINAL PAYMENTS
Neither the final payment nor any part of the retained percentage shall become due until the
Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of
this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so
far as he has knowledge or information the releases and receipts include all the labor and
material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to
furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the
Owner against any lien. If any lien remains unsatisfied after all payments are made, the
Contractor shall refund to the Owner all monies that the latter may be compelled to pay in
discharging such a lien, including all administrative costs and a reasonable attorney's fee.
The final payment shall not become due and payable until the Contractor shall have furnished the
Owner with satisfactory evidence that all labor, materials, outstanding claims and indebtedness
of whatsoever nature arising out of the performance of the Contract have been paid, and until the
Contractor shall have furnished a written statement to such effect executed by Contractor and
Sureties, which will further provide that payment to the Contractor of the final estimate shall not
relieve any Surety of its obligation to the Owner as set forth in the Surety Bonds. Where one or
more claims against the Contractor which are in controversy appear unsatisfied, the Owner shall
have the discretion to direct final payment to be made, or a partial payment to be made from the
retained percentage, should it be determined that the withholding of the entire final payment
would work a hardship on the Contractor or delay the final payments of other Contractors or
subcontractors on the project. In such cases, the Contractor and Sureties shall provide the
evidences and statements required under this paragraph, but shall itemize the claims which
remain unsatisfied, giving the reason therefore, and the statements of the Surety Companies shall
provide that the final payment or partial payment, as the case may be, shall not relieve any
Surety of any obligations to the Owner as set forth in the Surety Bonds. If only partial payment
from the retained percentage is permitted under this paragraph, the final payment shall not be
made until the Contractor shall have furnished satisfactory evidence and a statement from the
Surety that all claims against the Contractor have been paid and that payment to the Contractor
of the contract balance shall not relieve the Surety of any of its obligations to the Owner as
provided in the Surety's Bond.
00700.50 FINAL APPROVAL AND ACCEPTANCE OF THE WORK
Following the completion of this Contract, as such completion is defined in the Specifications
and as soon thereafter as practicable, the Owner, his representative or the Engineer will review
the work and will make a final estimate of the amount and value of work done by the Contractor.
If the said work appears to be satisfactory and appears to be done in accordance with the
provisions and terms of the Contract Documents, the Owner, upon notice of completion from his
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representative, and within forty-five (45) days after the final estimate of work is made and
confirmed as correct and unpaid and is approved, will pay to the Contractor the full value of the
work done under this Contract less any amounts previously paid and less any advances
whatsoever, and the Owner will certify the work as completed and will accept it. Said acceptance
will, however, be in all events conditional upon the subsequent remedying by the Contractor of
defects in workmanship or materials which may become apparent within a period of one (1) year
(or a longer period as required elsewhere in the Contract Documents) following the date of
acceptance as herein required. In the event the Owner refuses or declines to certify the work as
completed and accepted and make final payment therefore within forty-five (45) days after
notice and certification, the Owner shall immediately set forth in writing to the Contractor the
reasons for such non-acceptance of the work. After all valid reasons for non-acceptance have
been removed, the Owner shall execute the final certificate of completion and acceptance and
shall make final payment. The certification of completion and acceptance of the work will be a
prerequisite to final payment hereunder.
All prior estimates and payments, including those relating to extra work, shall be subject to
correction or adjustment by the final cost estimate. Such final payment, however, shall not serve
as a release of the Contractor or of his Sureties from the previously required guarantee against
defects in Contract performance for a period of one (1) year following the date of acceptance of
the work by the Owner.
The acceptance by the Contractor of the final payment, made as aforesaid, shall operate as and
shall be a release to the Owner and to the Engineer and every member and agent of both said
parties from all claims and liabilities to the Contractor for anything done or furnished for, or
relating to the work, or for any act or neglect of the Owner or the Engineer or of any person
relating to or effecting the work, but this final payment shall not relieve the Contractor from his
indemnity, guarantee and/or warranty obligations under the terms of the Contract.
As soon as is practicable after twelve (12) months have elapsed from the date of completion as
herein defined, the Owner shall make a review and re-inspection of the work and performance of
this contract, or cause the same to be made. If the said performance and work shall be found
satisfactory and work not to have deteriorated through defects in workmanship or materials, then
the Owner shall certify the release of the Surety on the Bond for Performance of Contract. If,
however, the review and re-inspection, or any prior inspection, discloses defects due to the
non-fulfillment of this Contract, or non-compliance with its requirements, the Owner shall so
notify the Contractor in writing, and thereupon the Contractor shall, at his own expense, repair or
replace and shall make good all defects in workmanship, materials, and guarantee, and shall
rectify any non-compliance, and such repairs and fulfillment shall be a prerequisite to the release
of the Surety on the Bond. If, however, the Contractor shall, after due notice, refuse or neglect to
make good the defects to the satisfaction of the Owner, then the Owner may, and is hereby
empowered to, proceed in the manner prescribed in the event of abandonment or forfeiture of the
work by the Contractor, in which case completion by the Owner and the payment of claims for
material and labor and other expense as provided in such procedures, shall be a prerequisite to
the release of the Surety on the Bond for Performance of Contract.
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Within thirteen (13) months after the date of acceptance of the work, or as soon thereafter as
practical, as hereinbefore provided, following a re-inspection, and provided further that any
repairs necessitated by defects in material or workmanship as determined by the Owner in the
re-inspection shall have been made, the Owner will, in writing, finally release the Contractor, his
Sureties and all parties hereunder.
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SECTION 00800
SUPPLEMENTARY CONDITIONS
00800.01 SUPPLEMENTARY CONDITIONS PREVAIL
The provisions of this section amplify, amend, change and/or add to all other provisions of the
Contract Documents. In the event of a conflict between these Supplementary Conditions and
any other Sections of the Contract Documents, the Supplementary conditions shall apply.
00800.02 MATERIALS SUPPLIED BY THE OWNER
Clearwater Gas System shall supply the following materials: piping (carrier and casing); valves
and valve boxes; concrete valve rings; fittings; tracer wire; marker tape; marker poles; and splice
kits. The contractor shall supply the labor necessary for loading the materials supplied by CGS.
The contractor shall provide all other materials necessary to complete the work. The contractor
shall be responsible for all materials disbursed including accurately inventory of such materials.
Contractor shall provide a trailer capable of transporting 40' or longer lengths of polyethylene
pipe without damaging pipe.
00800.03 PERMITS
The Contractor shall perform all work in strict accordance with the requirements of the following
permits which will be obtained by the Owner: Pinellas County Use Permit, Various City Use
Permits, Florida Department of Transportation Utility Permit, Army Corps of Engineers permit
and the Florida Department of Environmental Protection Dredge and Fill Exemption. The
contractor is responsible for obtaining any necessary permits with gas meter relocations and shall
be listed as the contractor of record for underground gas house piping installations.
00800.04 JOINING OF PLASTIC PIPE
In amplification of Section 02685, Page 02685-4, Article 3.06, the Contractor shall get prior
approval from Clearwater Gas System to use electric fusion couplings. If electric fusion
couplings are used, they shall be supplied by the Contractor at no additional cost to the Owner.
The Contractor shall provide either an Central, Innogaz or Friatec universal electro fusion control
box, capable of storing a minimum of 100 fusion records, pipe alignment clamp, tapping tee
alignment clamp, tapping wrench, pipe scraper, and all other tooling specified by the Electro
Fusion machine manufacturer in their respective installation procedures.
Contractor shall provide the necessary power supply to meet the power requirements as specified
by the manufacturer of the fusion equipment. Pipe support stands shall be utilized to support
pipe during fusion joining, directional boring pull in, and while lowering of the pipe into the
trench. Pipe support stands shall not be spaced greater than 15' apart for directional boring pull
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in. Pipe shall be supported with stands at all time it is placed on pavement to avoid scratching the
pipe surface.
The Contractor shall provide a pyronometer capable of testing the temperature of the heating
iron, while at fusion temperature, to an accuracy of 0.5% (±3°F). The fusion temperature of the
heating iron shall be verified each morning in the presence of the CGS Inspector. More frequent
testing may be required at the discretion of CGS Inspector.
Note: All fusion and related equipment must be in good working order and properly maintained
during project installation. The CGS will inspect the preceding items and reject those not in
compliance. The CGS shall have the right to reject any or all equipment judged inadequate to
properly fuse Polyethylene Pipe and its Fittings.
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SECTION 00900
ADDENDA
(Insert Addenda here)
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SECTION 01000
GENERAL REQUIREMENTS
01000.01 TRAFFIC CONTROL
The Contractor shall maintain traffic within the limits of the project for the duration of the
construction period, in accordance with the requirements of FDOT Section 102 of the "Standard
Specifications", as amended herein.
The local streets shall be kept open to two-way traffic for the duration of the construction period,
except that one lane of traffic will be permitted provided that flagmen are used. The Contractor
will not be permitted to isolate access to residences or places of business. Traffic on County
roads and State highways shall be controlled in accordance with the current standards of the
appropriate agency. The contractor shall only utilize Florida certified Maintenance of Traffic
(MOT) personnel when installing and maintaining approved work zone maintenance of traffic
devices. No roadway shall be closed without proper advanced notification to Clearwater Gas
System and the authority having jurisdiction, such as local police and fire.
The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices,
in accordance with the Florida Department of Transportation "ROADWAY AND TRAFFIC
DESIGN STANDARDS", applicable edition, and State of Florida "MANUAL OF TRAFFIC
CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY CONSTRUCTION
MAINTENANCE AND UTILITY OPERATIONS", applicable edition, and shall take all
necessary precautions for the protection of the work force personnel and the safety of the
traveling public for the duration of the construction period.
01000.02 MATERIALS, EQUIPMENT AND LABOR
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water,
tools, equipment, light, power, transportation and any other facilities necessary for the proper
execution and completion of the work.
Unless otherwise specified, all materials shall be new. The Contractor, if required, shall furnish
satisfactory evidence as to the kind of and quality of materials. Before any contract is awarded
the bidder may be required to furnish a complete statement of the origin, composition and
manufacture of any or all materials or equipment to be used in the work, together with samples,
which samples may be subject to tests provided for in these specifications to determine their
quality and fitness for the work. All materials and all workmanship shall be of good quality and
meet specification requirements. Failure of the Owner or Engineer to request material, samples
or conduct tests on the same does not relieve the Contractor of responsibility to furnish the
material as specified. The Contractor shall furnish such equipment as is considered necessary for
the prosecution of the work in an acceptable manner at a satisfactory rate of progress so as to
insure completion by the date set forth in the Contract. The equipment used on any portion of the
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work shall be used in such a manner so as not to endanger the lives of the operators or others, nor
cause damage to adjacent real property, roadways, structures, or any other property whatsoever.
01000.03 PROGRESS PHOTOGRAPHS
The Contractor shall furnish photographs, 5" x 7", on standard weight paper with negatives, as
directed by the Owner, showing the job, before, during and upon completion of the construction.
Smaller size (not less than 3"x4") photographs shall be furnished to show unusual conditions
encountered during construction.
01000.04 STANDARDS
Wherever in these Contract documents reference is made to any of the following, or other,
specifications, codes, standards, and requirements, by abbreviation or name, it shall be
understood that the specifications, codes, standards, and requirements in effect on the date of
advertisement for bids shall govern.
ASTM American Society for Testing Materials
ASME American Society for Mechanical Engineers
ASA American Standards Association
AWWA American Water Works Association
NEMA National Electric and Manufacturers Association
AIEE American Institute of Electrical Engineers
AASHTO American Association of State Highway and Transportation Officials
NBFU National Board Fire Underwriters
NEC National Electric Code
ACI American Concrete Institute
AGA American Gas Association
AISC American Institute Steel Construction
AWPA American Wood Preservers Association
Fed. Spec. Federal Specifications U.S. Government
SBC Southern Building Code
FDOT Florida Department of Transportation
NFPA 54 National Fuel Gas Code
IFGC International Fuel Gas Code
FBC-FG Florida Building Code Fuel Gas
"Standard Specifications" - FDOT Standard Specifications for Road and Bridge Construction,
latest edition, including all supplemental specifications, indices and other directives in effect.
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01000.05 STORAGE OF MATERIALS AND RIGHTS-OF-WAY
The Owner shall provide the land upon which the work is to be done, with right of access thereto
unless otherwise specified elsewhere in the Contract Documents. The Contractor shall anticipate
requirements of space and land for the erection of temporary construction facilities, office, and
storage of materials. Should the Owner decide that the site of work is insufficient for such
temporary facilities, the Contractor will be required to arrange for such additional space and land
as may be necessary at his expense.
The Contractor shall make his own arrangements for delivery and handling of equipment and
materials as he may require for the prosecution of his work. In underground utility work all
materials required in the work may be stored on the sides of the roadway or parking area of the
street in which the utilities are to be constructed, as approved by the Owner and/or municipality
having jurisdiction, but all such materials, tools and machinery shall be neatly and compactly
piled in such manner as to cause the least inconvenience to the property owners and the traffic.
Material shall be stored outside of the "Clear Zone" of roadways. All fire hydrants must at all
times be kept free and unobstructed and water and gas shut-off boxes must be kept uncovered.
The materials shall be stored so as to insure the preservation of the quality and fitness for the
work. When considered necessary, they shall be placed on wooden platforms or other hard clean
surfaces and shall be placed under cover as directed. Stored materials shall be located so as to
facilitate prompt inspection. Materials, tools, and machinery shall not be piled or placed against
shade trees unless ample protection is provided for the trees. Lawns, grass plots, or other private
or public property shall not be used for storage purposes without the written permission of the
Owner.
01000.06 UTILITIES
The Contractor shall have the complete responsibility of coordinating his work with the owners
of the various utilities now existing or to be constructed within the limits of this project so that a
minimum delay in the construction shall occur there from.
01000.07 SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with the Department of Labor Safety and Health Regulations for
construction promulgated under the Occupational and Health Act of 1970 (PL596) and under
Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). The Contractor shall
comply with the State of Florida Trench Safety Act and the City Of Clearwater Trench Safety
Regulations.
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01000.08 USE OF CHEMICALS
All chemicals used during project construction or furnished for project operation, whether
herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval
of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict
conformance with instructions.
01000.09 BY-PASSING OF SEWAGE
The Contractor shall schedule his work so as to either minimize or completely eliminate any by-
pass of raw sewage during construction.
01000.10 DEWATERING AND SEWAGE PUMPS
In general, all pumps utilized by Contractor during construction shall be electric motor driven.
Internal combustion engine driven pumps may be used for a particular application only upon
approval of the Owner.
01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING
The Contractor shall employ a competent surveyor satisfactory to the Owner to lay out the work
from the bench marks, grades, dimensions, points and lines noted on the working drawings,
established at the site, or supplied by the Engineer. Cost of lines, grades and construction
surveying shall be paid for by the contractor.
All work of every description shall be laid out and checked by the Contractor who will be held
solely responsible for its correctness, and all expenses in connection with this work shall be paid
for by the Contractor. In the event batter boards are used the maximum allowable interval for
construction batter boards on sewers and pipe lines will be forty (40) feet for grades under 1.00
percent (1%) and fifty (50) feet for grades of 1.00 percent (1%) and over.
The work may be checked by the Owner and, in the event of discrepancy, his decision shall be
final.
No special compensation will be made to the Contractor to defray costs of any of the work or
delays occasioned by making surveys and measurements, tests or inspections, but such costs
shall be considered as having been included in the price stipulated for the several items of the
work to be done under this contract.
01000.12 TESTS
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Tests of material, where required by the specifications, shall be paid for by the Contractor. The
selection of bureaus, laboratories, and/or agencies for the inspection and testing of supplies,
materials or equipment shall be subject to the approval of the Engineer. Satisfactory
documentary evidence that the materials have passed the required inspections and tests must be
furnished to the Owner.
Steel Pipe Inspection Radiography Using X-Ray and Gamma γ Ray on Welds - Radiography
is one of the most useful of the non-destructive tests which can be applied for assessing the
quality of the welded joints. Radiograph has been used for the inspection of welds of all types
and thicknesses ranging from minute welds in electronic components to welds up to half meter
thick employed in heavy fabrications. All potential welder operating on CGS facilities shall be
weld tested by both destructively and non- destructively methods of evaluation. Welding
certification is limited to 6 months before requalification is required
Radiography can detect flaws or discontinuities in welds such as:
(i) Cracks.
(ii) Porosity and blow holes.
(iii) Slag, flux or oxide inclusions.
(iv) Lack of fusion between the weld metal and the parent metal
(v) Incomplete penetration
01000.13 WATER AND ELECTRIC POWER
The cost of all water for construction and testing purposes, as well as the expense of having the
water conveyed to and about the work, must be borne by the Contractor and the cost of this work
shall be considered as having been included in the unit or lump sum prices stipulated for the
several items of work to be done under this contract.
Unless otherwise specifically permitted by the Engineer, all water used for construction purposes
shall be obtained from the public water supply main.
The Contractor shall make his own arrangements for electric light and power, as may be required
for his work. Electric light and power and water shall not be utilized from any location without
written consent of the property owner.
01000.14 MONUMENTS AND LANDMARKS
Monuments or landmarks shall not be molested or removed by the Contractor or any of his
employees without written consent of the Owner. Any monument or landmark so removed will
be replaced by the Owner at the expense of the Contractor.
01000.15 DETOURS
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The Contractor must so schedule his work that in no case are two adjoining parallel streets closed
for utility construction at any one time. If, in the opinion of the Owner, a traffic hazard or an
unreasonable long detour is caused by the Contractor's plan of work, he shall immediately revise
his working schedule and reopen whatever streets are required for maintenance of traffic. The
Contractor will, in no case, be permitted to start work in any new location without permission of
the Owner. If the Contractor shall disregard the instructions of the Owner concerning traffic
control, it will be considered sufficient cause to invoke that section of the specifications entitled
"The Owner's Right to Terminate Contract." The Contractor will be responsible for placing and
maintaining "Detour" signs when required, or when directed by the Owner. The local fire
department and 911 dispatch center shall be notified of any street closures in advance of such
closure.
01000.16 EXISTING UTILITIES
The Contractor will be required, at his own expense, to do everything necessary to locate,
protect, support, sustain and avoid conflicts with existing water, gas and service pipes, storm and
sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits,
roads and other fixtures on the site of the work. In case any of the said water, gas, and service
pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone
poles, conduits, roads and other fixtures be damaged, they shall be repaired, but the cost thereof
shall be considered as having been included in the prices stipulated for the various items of work
to be done under contract; per OSHA 1026.651
01000.17 SANITARY MEASURES
Sanitary conveniences for the use of all persons employed on the work shall be provided and
maintained by the Contractor in sufficient number, in such manner and in such places as shall be
approved by the Owner. All persons connected with this work shall be obliged to use them, and
any employees found violating these provisions shall be discharged and not again employed
without written consent. All necessary precautions, including the care of employees, and
prevention of any pollution of the existing water supply shall at all times be satisfactory to the
governing authorities. The Contractor shall promptly and fully comply with all orders and
regulations in regard to these matters.
01000.18 CLEANING UP
As the work progresses, the Contractor shall remove from the site and dispose of debris and
waste material. Particular attention shall be given to minimizing any fire hazard from
combustibles as may be used in connection with the work. On or before the date of the final
estimate for the work, the Contractor shall tear down and remove all temporary structures built
by him, shall remove all construction plant used by him and shall repair and replace all parts of
existing embankments, fences, sidewalks, shrubbery or structures which were removed or injured
by the Contractor's operations or by employees of the Contractor; shall thoroughly clean out all
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sewers, drains, pipes, manholes and miscellaneous structures and shall remove all rubbish and
leave ground, thoroughfares, and rights-of-way in a neat and satisfactory condition.
01000.19 FAILURE TO CLEAN UP
Upon failure of the Contractor to keep the sites of his operations clean, to the satisfaction of the
Owner may upon twenty-four (24) hours' notice to the Contractor, remove any rubbish,
materials, earth, etc., which the Owner may deem necessary, charging the cost thereof to the
Contractor and may deduct the amount from any money that may be due him.
01000.20 RESTORATION OF SURFACE
The Contractor shall replace all surface material, and shall restore paving (unless otherwise
stipulated), curbing, sidewalks, gutters, shrubbery, fences, sod, and other surfaces disturbed to a
condition equal to that before the work began, furnishing all labor and materials incidental
thereto. In restoring paved surfaces, new pavement is required except that granite paving blocks,
sound brick, or asphalt paving blocks may be reused. Restoration work should be expedited.
01000.21 PROJECT RECORD DRAWINGS (AS- BUILTS)
The Contractor shall maintain continuous "record" data for the project, including accurate
records of location, length, and elevation of all pipe lines and piping installed and all
architectural, mechanical, or structural features of the Contract and will provide specific
information to Clearwater Gas System as required. A set of drawings will be provided to the
Contractor to be kept at the job site for this purpose. Promptly after completion of any portion of
the job site, the Contractor shall deliver to the City Engineer or CGS the Owner a professional
type drawings of completed work, with accurate notations recorded thereon as necessary to
revise the drawings for record purposes. Information to be shown for GAS mains and service
lines shall include the location of valves, tees, and offsets dimensions to the nearest permanent
objector monument two road centerline measurements. Information to be shown on a submitted
as built or service line installation card shall include the distance to the nearest cross street center
line, length of service line, measurement from building corner, a north arrow and building
number served. The Contractor will be held responsible for the accuracy of such data and shall
bear any monetary costs incurred in finding gas utilities as a result of incorrect data furnished by
the Contractor.
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SECTION 02005
MOBILIZATION
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work specified under this Section consists of the preparatory work and
operations in mobilizing to begin work on the project, including but not limited to
those operations necessary for the movement of personnel, equipment, supplies
and incidentals to the project site(s), and for the establishment of temporary
offices, buildings, safety equipment and first aid supplies, sanitary and other
facilities as required by these specifications, special provisions and state and local
laws and regulations.
B. The cost of bonds and any required insurance, consideration for indemnification
to the Owner and the Engineer, and any other pre-construction expenses necessary
for the start of the work, excluding the cost of construction materials, shall also be
included in this Section.
PART 2 - PRODUCTS
A. Not Applicable
PART 3 - EXECUTION
A. Not Applicable
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Mobilization for which payment will be made shall be the actual
number of units measured in place and accepted. The units measured shall be as
listed in the Bid Schedule. If a payment item for Mobilization is not specifically
included in the Bid Schedule, the quantity for which payment will be made shall
be the quantity required to complete the work.
4.02 PAYMENT
A. Payment for Mobilization shall be made at the prices stated in the Bid Schedule.
If a payment item for Mobilization is not specifically included in the Bid
Schedule, payment for the work specified in this Section shall be included in the
several unit and lump sum prices for all applicable items of work.
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SECTION 02221
TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work included under this Section consists of clearing, excavating, grading
and backfilling as required for the construction of the utility systems consisting of
piping and appurtenances as shown on the Drawings and specified herein.
PART 2 - PRODUCTS
2.01 BEDDING MATERIAL
A. Bedding material for use below the water table or in wet trenches shall be pea
rock, drain field lime rock or similar material as approved by the Owner’s
Representative. Pipe bedding material for use in dry trenches shall be lime rock
screenings, sand or other fine inorganic material as approved by the Owner’s
Representative.
2.02 ADDITIONAL BACKFILL MATERIAL
A. Additional backfill material shall be a noncohesive, nonplastic granular mixture
of local sand and rock and shall be free from vegetation, organic material, marl,
silt or muck. No stones or rocks shall be larger than 6-inches in diameter, and
when placed within 1-foot of piping and appurtenances stones or rocks shall be no
larger than 2-inches in diameter (1-inch for PVC).
PART 3 - EXECUTION
3.01 CLEARING
A. The Contractor shall perform all clearing necessary for the proper installation of
all piping and appurtenances in the locations shown on the Drawings. Plantings,
shrubbery, trees, utility poles or structures subject to damage resulting from the
excavation shall be transplanted, relocated, braced, shored, or otherwise protected,
preserved and restored unless otherwise directed by the Owner’s Representative.
3.02 EXCAVATION
A. The Contractor shall perform all excavation of every description and of whatever
substances encountered, to the dimensions and depth shown on the Drawings, or
as directed. The contractor shall employ an OSHA competent person at each
excavation site to promote safe excavation practices. All excavations shall be
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made by open cut. All existing utilities such as pipes, poles and structures shall
be carefully supported and protected from injury, and in case of damage, they
shall be restored at no cost to the Owner's Representative.
B. Trench walls shall be kept to protect the safety of workmen, the general public,
this or other work or structures, or to maintain trench widths within the limits
hereinafter specified, shall be properly sheeted and braced in accordance with the
Florida Trench Safety Act and Occupational Safety & Health Administration
(OSHA) safety standards 29 C.F.R.S.1926.650 Subpart P. Where wood sheeting
or certain designs of steel sheeting are used, the sheeting shall be cut off at a level
2-feet above the top of the installed pipe and that portion below that level shall be
left in place. If interlocking steel sheeting is used, it may be removed providing
removal can be accomplished without disturbing the bedding, pipe or alignment
of the pipe. Any damage to the sheeting shall be cause for rejection of the
affected portion of the work. Not more than 100-feet of trench shall be opened
ahead of pipe laying operations at one time unless the Owner’s Representative
approves a greater length of open trench.
C. In areas where trench widths are not limited by right-of-way, and/or easement
widths, property line restrictions, existing adjacent improvements, including
pavements, structures and other utilities, and maintenance of traffic, the trench
sides may be sloped to a stable angle of repose of the excavated material. A
substantially and safely constructed movable trench box shield, "box" or "mole"
may be used in place of sheeting when the trench is opened immediately ahead of
the shield and closed immediately behind the shield as pipe laying proceeds inside
the shield.
D. Ladders or steps shall be provided for and used by workmen to enter and leave
trenches.
E. Pipe trenches for utility lines shall be excavated to a width within the limits of the
top of the pipe and the trench bottom so as to provide a clearance on each side of
the pipe barrel, measured to the face of the excavation or sheeting, if used, of 8-
inches to 12-inches. Where the pipe size exceeds 12-inches, the clearance shall
be from 12-inches to 18-inches. All pipe trenches shall be excavated to a level 8-
inches below the outside bottom of the proposed pipe barrel.
F. Excavation for appurtenances shall be sufficient to provide a clearance between
their outer surfaces and the face of the excavation or sheeting, if used, of not less
than 12-inches. Manhole excavations shall be carried to sufficient depth to permit
their construction on the undisturbed bottom of the excavation.
G. Materials removed from the trenches shall be stored and disposed of in such a
manner that they will not interfere unduly with traffic on public streets and
sidewalks and they shall not be placed on private property. In congested areas,
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such materials as cannot be stored adjacent to the trench or used immediately as
backfill shall be removed to convenient places of storage.
H. All materials suitable for use as backfill shall be hauled to and used in areas
where not enough suitable material is available from the excavation.
I. Suitable material in excess of backfill requirements and all unsuitable or
contaminated material shall become the property of the Contractor and shall be
removed from the work and disposed of by the Contractor at his expense.
J. Excess suitable material shall remain the property of the Owner and shall be
disposed of within the limits of the project as directed by the Owner's
Representative. The disposal area shall be finish graded upon completion of the
work.
3.03 REMOVAL OF WATER
A. It is a basic requirement of these specifications that excavations shall be free from
water before pipe or structures are installed. However, it is realized that in certain
sections of the work this cannot be accomplished economically and the Contractor
may elect to use the Alternate Method of Construction.
B. The Contractor shall provide all necessary pumps, underdrains, well-point
systems, and other means for removing water from trenches and other parts of the
work. The Contractor shall continue dewatering operations until the backfill has
progressed to a sufficient depth over the pipe to prevent flotation or movement of
the pipe in the trench and so that it is above the natural water table.
C. Water from the trenches and excavation shall be disposed of in such a manner as
will not cause injury to public health, to public or private property, to the work
completed or in progress, to the surface of the streets, or cause any interference
with the use of the same by the public. CGS is not responsible for, or the disposal
of, or any associated costs relating to the disposal of any contaminated ground
water. The Contractor shall submit his proposed methods of handling trench water
and locations at which the water will be disposed of to the Owner’s
Representative for approval and shall receive approval before starting the
excavation.
3.04 PIPE BEDDING
A. As described above, all pipe trenches shall be excavated to a level 8-inches below
the outside bottom of the proposed pipe barrel. The resulting excavation shall be
backfilled with approved pipe bedding materials, up to the level of the lower one-
third of the proposed pipe barrel. This backfill shall be tamped and compacted to
provide a proper bedding for the pipe and shall then be shaped to receive the pipe.
Bedding shall be provided under the branch of all fittings to furnish adequate
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support and bearing under the fitting. Bedding material for piping shall be pea
rock, drainfield lime rock, or similar materials as approved by the Owner’s
Representative. Lime rock screenings, sand or other fine inorganic material from
the excavation may be used for bedding material when pipe is installed above the
natural water table.
B. Any excavation below the levels required for installation of the pipe bedding,
except for "Additional Excavation", as hereinafter specified, shall be backfilled
with approved bedding material, tamped, compacted and shaped to provide proper
support for the proposed pipe, at no additional cost to the Owner's Representative.
3.05 BACKFILL UNDER MANHOLES AND METER VAULTS
A. Any excavation below the levels required for the proper construction of manholes
or meter vaults shall be filled with Class I concrete. The use of earth, rock, sand
or other materials for this purpose will not be permitted.
3.06 TRENCH STABILIZATION
A. No claim for extras, or additional payment will be considered for cost incurred in
the stabilization of trench bottoms, which are rendered soft or unstable as a result
of construction methods, such as improper or inadequate sheeting, dewatering or
other causes. In no event shall pipe be installed when such conditions exist and
the Contractor shall correct such conditions so as to provide proper bedding or
foundations for the proposed installation at no additional cost to the Owner.
3.07 SPECIAL PIPE FOUNDATION
A. General: When shown on the Drawings or when directed by the Owner, the
Contractor shall provide the special type of pipe foundation in lieu of the pipe
bedding as specified above and provide the additional excavation required.
B. Type A Pipe Foundation: Type A pipe foundation shall be used when and where
directed by the Owner's Representative. Foundation material shall be crushed,
graded, local limestone suitable for use as concrete aggregate. Gradation shall be
such that 95-100 percent of the material will pass a 1-inch square opening
laboratory sieve. Material shall be placed from 1-foot below the barrel of the pipe
to 6-inches above the pipe and the width of the foundation material as placed
around the pipe shall not be less than the outside diameter of the pipe, plus 12-
inches. Construction of Type A pipe foundation shall be as shown or indicated on
the Drawings. Foundation material shall be placed in the bottom of the trench and
compacted to an elevation, which will provide firm bedding for the full pipe
length, after which material shall be placed and compacted evenly on both sides
of the pipe and above the pipe to an elevation 6-inches above the top of the pipe
barrel. Pipe shall not be displaced or damaged during placement and compaction
of the foundation material.
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C. Type B Pipe Foundation: Where soft, yielding, unstable or other unsatisfactory
material exists at the bottom of the trench, the Owner's Representative may direct
the use of Type B Pipe Foundation. Only the pipe foundation ordered by the
Owner's Representative will be paid for. Construction shall be in accordance with
the details shown or indicated on the Drawings. Concrete shall be Class I.
3.08 BACKFILL
A. Backfilling of utility trenches will not be allowed until the work has been
approved by the Owner's Representative, pressure tested if required, and the
Owner's Representative indicates that backfilling may proceed. Any work which
is covered or concealed without the knowledge and consent of the Owner's
Representative shall be uncovered or exposed for inspection at no cost to the
Owner's Representative. Partial backfill may be made to restrain the pipe during
pressure testing. Sight tubes will be installed on underground house piping
installations as appropriate intervals for inspection.
B. Backfill material shall be noncohesive, nonplastic material free of all debris,
organic material, lumps, clods and broken paving. Backfill material placed within
1-foot of piping and appurtenances shall not contain any stones or rocks larger
than 2-inches in diameter (1-inch for PVC) and no stones or rocks larger than 6-
inches in diameter will be permitted in any backfill.
C. If a sufficient quantity of suitable backfill material is not available from the trench
or other excavations within the site of the work, the Owner's Representative will
order the Contractor to provide additional material suitable for this purpose. The
additional material shall be installed as specified herein. No payment will be
made for additional backfill material used to replace nonplastic material (rock)
over 6-inches in diameter.
D. Selected backfill material containing no stone or rocks larger than 2-inches shall
be placed in 6-inch layers and thoroughly tamped to a depth of 12-inches over the
top of the pipe. Particular attention and care shall be exercised in obtaining
thorough support for the branch of all service connection fittings. Care shall be
taken to preserve the alignment and gradient of the installed pipe.
E. After the backfill has been placed to a level 12-inches over the gasline waterline
or force main pipe, the remainder of the backfill shall be placed in layers, not to
exceed 9-inches, and compacted with mechanical vibrators or other suitable
equipment to obtain a density of the backfilled material of not less than 95 percent
of its maximum density as hereinafter defined, unless otherwise specified on the
plans.
F. After selected backfill has been placed to a depth of 12-inches over the sewer
pipe, backfilling shall proceed to a depth of 30-inches over the pipe by placing the
backfill material in 6-inch layers and thoroughly compacting it with mechanical
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vibrators. Backfill in this portion of the work shall be compacted to 100 percent
of maximum density of the material as hereinafter defined, unless otherwise
specified on the plans.
G. After the backfill has been placed to a level 30-inches over the sewer pipe, the
remainder of the backfill shall be placed in layers, not to exceed 9-inches, and
compacted with mechanical vibrators or other suitable equipment to obtain a
density of the backfilled material of not less than 95 percent of its maximum
density as hereinafter defined, unless otherwise specified on the plans.
H. Within paved areas of trench excavation, the base and surfacing shall be
reconstructed as specified under Section 02574 Pavement Removal and
Replacement.
I. No more than 800-feet of trench with pipe in place shall be partially backfilled at
any time.
J. Shut Down of Work: When work has shut down for each day, all lines shall be
capped, sealed, and pressured to 90 pounds with air. When a Project is not
immediately tied-in, plug and seal all openings in the pipe and maintain a minimum
of 90 pounds of air pressure. If a pipeline is to be abandoned in place, then
disconnect the gas supply source, purge all of the gas utilizing nitrogen for
all gas lines exceeding 1,000 linear feet or 4” pipe size and larger; any length,
from the abandoned system, and seal all of the ends.
3.09 COMPACTION AND DENSITIES
A. Methods of control and testing of backfill construction to be employed in this
work are:
1. Maximum density of the material in trenches shall be determined by
AASHTO Designation T-180, unless otherwise noted.
2. Field density of the backfill material in place shall be determined by
AASHTO Designation T-238.
B. Laboratory and field density tests, which, in the opinion of the Owner's
Representative, are necessary to establish compliance with the compaction
requirements of these specifications, will be conducted at the Contractor’s
expense. Tests will be made at depths and locations selected by the Owner's
Representative.
C. Trench backfill which does not comply with the specified densities, as indicated
by such tests, shall be reworked and recompacted until the required compaction is
secured, at no additional cost to the Owner. The Costs for retesting such work
shall be paid for the Contractor.
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3.10 ADDITIONAL EXCAVATION AND BACKFILL
A. Where organic material, such as roots, muck, or other vegetable matter, or other
material which, in the opinion of the Owner’s Representative, will result in
unsatisfactory foundation conditions, is encountered below the level of the
proposed pipe bedding material, it shall be wholly or partially removed as
directed by the Owner's Representative and wasted. Sheeting shall be installed if
necessary to maintain pipe trenches within the specified limits. The resulting
excavation shall be backfilled with suitable backfill material, placed in 6-inch
layers, tamped and compacted up to the level of the bottom of the proposed pipe
bedding material. Sufficient compaction of this material shall be performed to
protect the proposed pipe against settlement. Construction shall then proceed in
accordance with the provisions of Article 3.04 Pipe Bedding.
B. Additional excavation shall be performed only when ordered by the Owner's
Representative. Where organic or other unsuitable material is encountered in the
excavation, the Contractor shall bring the condition to the attention of the
Owner’s Representative and obtain his determination as to whether or not the
material will require removal, prior to preparing the pipe bedding.
C. Additional backfill material, if required, shall be furnished in accordance with the
provisions therefore in Article 3.08 Backfill.
3.11 ALTERNATE METHOD OF CONSTRUCTION
A. General:
1. A combination of conditions in the substrata, water table, or method of
disposal may be encountered during the course of the work, which make
dewatering impossible, or only possible through the use of unusual
methods, the cost of which is excessive. When such conditions are
encountered, but only after all reasonable means to dewater the excavation
have been employed without success, the Contractor, with the concurrence
of the Owner's Representative, may elect to employ the following alternate
method of construction. The concurrence of the Owner's Representative
shall be obtained in writing and shall limit the use of the alternate
method of construction to such specific portions of the work as the
Owner's Representatives shall determine.
2. The construction specifications contained in the preceding parts of this
section shall establish the required standards of construction quality for
this work. Use of the alternate method of construction described
hereinafter shall in no way be construed as relieving the Contractor of
his basic responsibility for satisfactory completion of the work. No
additional payment will be made to the Contractor for excavation, backfill,
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sheeting or any costs incurred for work or materials, or any other costs
incurred as a result of the use of this alternate method of construction.
The unit and lump sum prices established in the Proposal shall be full
payment for the various items of work.
3. Subject to all of the requirements stated hereinabove, including written
approval of the Owner, construction will be permitted in accordance with
the following specifications. All requirements of Article 3.01 through
Article 3.09, inclusive, of these specifications shall apply to this
construction unless otherwise specifically modified herein.
B. Removal of Water: The installation of pipe, manholes and appurtenances under
water will be permitted and the requirements of Article 3.03 Removal of water
will be waived.
C. Excavation:
1. Excavation of pipe trenches to the level of the bottom of the proposed pipe
bedding shall be performed in accordance with Article 3.02 Excavation. if
rock, such as lime rock or other similar hard, cemented material providing
firm, unyielding trench bottoms is encountered at the level of the bottom
of the proposed pipe bedding, no additional excavation will be required. If
material such as sand, marl, or other material which cannot be classified as
rock, as hereinabove defined, is encountered at the level of the bottom of
the proposed pipe bedding, the pipe trench shall be excavated to an
additional depth of 10-inches minimum, below that level. This additional
excavation, and the additional back filling made necessary thereby, is an
essential part of this alternate construction method and no additional
payment will be made for this work, regardless of the type of material
encountered.
2. Excavation for manholes to be installed under water shall be continued to
a depth, below the outside bottom of the proposed structure, which will
provide a minimum space of 12-inches in rock, or 24-inches in sand, as
the same are defined hereinabove, for the placement of drainfield lime
rock as hereinafter specified.
3. The excavation of pipe trenches at their junction with excavations for
manholes shall be modified in the following manner: A longitudinally
sloping, plane bottom surface, for the placement of pipe bedding material,
shall be provided from the bottom of the manhole excavation, at its
extremity, to a line of intersection with the bottom of typical excavation of
10-feet measured horizontally, from the vertical plane of the manhole
excavation.
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D. Pipe and Manhole Bedding: The pipe trench or manhole excavation shall be
backfilled to receive the pipe or manhole with drainfield lime rock as the same is
commonly referred to in this area, up to the level of the lower one-third of the
proposed pipe barrel, or to the outside bottom of the proposed manhole as
applicable. This backfill shall be tamped and compacted to provide proper
bedding for the pipe or manhole, as also specified herein. Under no
circumstances will material other than drainfield lime rock be considered
satisfactory for use as bedding material for underwater construction.
E. Backfill:
1. After the pipe is installed, backfilling shall proceed in accordance
with the provisions of Article 3.08 Backfill, except that drainfield
lime rock shall be used to back fill around the pipe and to a level
even with the top of the pipe bell. Under no circumstances will
material other than drainfield limerock be considered satisfactory
for this purpose.
2. If the Alternate Method of Construction is used, all backfill
material, including drainfield lime rock, shall be carefully lifted
into the trench and released to fall freely therein when the bucket
or container is at or just above water level. Under no
circumstances shall backfill material be dumped or pushed into
trenches containing water. Below the existing water level,
backfill material shall be carefully rammed into place in uniform
layers. Above the water level, backfill material shall be placed
and compacted as specified in Article 3.08 Backfill and Article
3.09 Compaction and Densities.
3.12 RESTORATION OF EXISTING SURFACES
A. Paved and grassed areas disturbed by the operations required under this Section
shall be restored as indicated on the Drawings and/or specified herein. All
materials required for temporary and permanent street repairs shall include base
materials.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Trenching, Backfilling and Compacting for Utility Systems for
which payment will be made shall be the actual number of units measured in
place and accepted. The units measured shall be as listed in the Bid Schedule. If
a payment item for Trenching, Backfilling and Compacting for Utility Systems is
not specifically included in the Bid Schedule, the quantity for which payment will
be made shall be the quantity required to complete the work.
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4.02 PAYMENT
A. Payment for Trenching, Backfilling and Compacting for Utility Systems shall be
made at the prices stated in the Bid Schedule. If a payment item for Trenching,
Backfilling and Compacting for Utility Systems is not specifically included in the
Bid Schedule, payment for the work specified in this Section shall be included in
the several unit and lump sum prices for all applicable items of work.
END OF SECTION
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SECTION 02574
PAVEMENT REMOVAL AND REPLACEMENT
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Work includes all labor and materials under this Section for cutting, removing,
protecting and replacing existing pavements of the various types encountered
including roadways, driveways and sidewalks.
B. Permits: The Contractor shall obtain the necessary permits prior to any
roadway work. Additionally, the Contractor shall provide advance notice to the
appropriate authority, as required, prior to construction operations.
C. Protection of Existing Improvements: The Contractor shall be responsible for
the protection of all types of pavements, sidewalks and other improvements
within the work area. All damage to such improvements, as a result of the
Contractor's operations, beyond the limits of the work of pavement replacement
as described herein, shall be repaired by the Contractor at his expense.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Materials, including lime rock, bituminous prime and tack coat, and asphaltic
concrete for the above work shall meet the requirements established therefore by
the FDOT Specifications.
1. Lime rock shall be Miami or Ocala Lime rock.
2. Bituminous prime coat material shall be cutback asphalt Grade RC-70.
3. Bituminous tack coat material shall be emulsified asphalt Grade RS-2.
4. Asphaltic concrete shall be Type S-I or S-III.
5. Concrete material shall be Class I or II, and/or as otherwise required to
meet FDOT specifications.
6. Welded wire fabric, joint reinforcing welded wire fabric shall conform
to ASTM-A185 and ASTM-A615.
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PART 3 - EXECUTION
3.01 PREPARATION
A. Pedestrian or school crossings: Where the work crosses or interferes with school
or pedestrian crossings, extreme care shall be taken by the Contractor to insure the
safety of school children or other pedestrians. Contractor shall also make
necessary accommodations to provide a safe path for handicap individuals
traveling through the work zone, compliant to ADA.
3.02 PERFORMANCE
A. Removals:
1. Pavement Removal:
a. Where existing pavement is to be removed, the surfacing shall be
mechanical saw cut prior to trench excavation, leaving a uniform
and straight edge, with minimum disturbance to the remaining
adjacent surfacing. The width of cut for this phase of existing
pavement removal shall be minimal.
b. Immediately following the specified backfilling and compaction,
a temporary sand seal coat surface shall be applied to the cut
areas. This temporary surfacing shall provide a smooth traffic
surface with the existing roadway and shall be maintained until
final restoration. Said surfacing shall remain for 10 days in order
to assure the stability of the backfill under normal traffic
conditions. Following this period and prior to 15 days after
application, the temporary surfacing shall be removed and final
roadway surface restoration accomplished.
c. In advance of final restoration, the temporary surfacing shall be
removed and the existing pavement mechanically sawed straight
and clean to the stipulated dimensions. Following the above
operation, the Contractor shall proceed immediately with final
pavement restoration in accordance with these requirements.
2. Sidewalk, Drive, & Curb Removal: Concrete sidewalks, curbs,
combination curb and gutter, walks, drive ribbons, or driveways shall be
removed by initially sawing the structure, with a suitable power saw, as
specified above for pavement. When a formed joint in the concrete is
within 3-feet of the proposed saw cut and parallels the proposed saw cut,
the removal line shall be extended to the formed joint. After sawing, the
material shall be removed.
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B. Restorations:
1. General: Cut and removed driveway or roadway pavement in
connection with trench excavation shall be replaced or restored in equal
or better condition than the original and as may be shown on the
Drawings. The Drawings indicate minimum requirements. Backfill
shall comply with the other sections of these Specifications or FDOT
Standards, whichever are more stringent.
2. Pavement Restoration - Asphalt:
a. Lime rock base course shall be compacted for its full thickness to
not less than 98 percent of maximum density as determined by
AASHTO Designation T 180. field density of lime rock base in
place shall be determined by AASHTO Designation T 238.
b. Construction methods and equipment shall generally meet the
requirements therefore as established in the FDOT Specifications.
c. After the application of the prime coat on the base, the prime
coat shall be allowed to cure without sanding for a period of 24-
hours. The Contractor shall take all necessary precautions to
protect the primed surface against damage during this interval.
If, at the end of 24-hours, it is not proposed to proceed at once
with the application of the surface course, primed surface shall be
given a light application of clean sand and opened to traffic.
d. Joints with existing surface and base shall be sawed cut straight
and neat. If necessary to obtain a straight net joint, the
contractor shall cut out sufficient existing material and replace it
with new material.
e. The upper surface of the completed base course shall be
compacted to an elevation to permit the full depth of the surface
course to be constructed without deviating from the grade of the
pavement surface. The completed surface shall match the line
and grade of the existing surface. When pavement is removed to
the edge of the roadway, the replaced base course shall extend
not less than 6-inches beyond the edge of the surfacing.
f. After the base course construction in the trench area has been
completed and primed, the surface shall be tack coated and the
thickness of Type S-I asphaltic concrete shall be constructed in
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accordance with the plans or requirements specified above for
pavement restoration.
3. Driveway Restoration - Asphalt: Driveway pavement with lime rock base
cut and removed in connection with trench excavation shall be replaced or
restored as specified above for street or roadway pavement, except the
new lime rock base course shall be equivalent the existing base course in
thickness, except that in no case shall new driveway base course be less
than 6-inches in thickness. Muck or unsuitable material found under
existing driveway construction will not be removed and replaced.
4. Concrete, Sidewalk, Walkway, Driveway Ribbon and Curb Restoration:
a. Concrete sidewalks, walkways, driveways, driveway ribbons and
curbs required to be removed for the installation of facilities
under this Contract shall be restored. Class I concrete shall be
used in all cases.
b. Replaced portions of these items shall conform to the lines, grades
and cross sections of the removed portions. Concrete
sidewalks and walkways shall be of 4-inch minimum thickness;
concrete driveways and driveway ribbons shall be 6-inch
minimum thickness. Replaced concrete curb and/or gutter shall
join neatly to the remaining section.
5. Pavement Restoration - Concrete: Rigid pavement shall be replaced in
kind with Class I concrete, using high early strength cement. The
subgrade course for rigid pavement shall be replaced with stabilized
subgrade or cleanfill material and compacted to a thickness to match the
existing base.
a. The Contractor shall saw cut and remove the existing concrete to
the nearest joint as directed in the field by the Owner's
Representative. Provision for expansion joints (minimum ½"
preformed joint filler) and saw cut joints shall be a part of the
restoration work for the driveway and roadway.
6. Asphaltic Concrete Surface Course Overlay:
a. The work under this section includes asphaltic concrete surface
course overlay paving as and where directed by the Owner or his
authorized representative. Where this paving is directed it shall
take the place of asphaltic concrete pavement restoration as
specified herein above. This surface course overlay shall extend
over the reconstructed base course and the existing pavement to the
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limits directed by the Owner or his authorized representative,
which generally shall be full width of the roadway.
b. After the base course construction in the trench area has been
completed and primed, the surface shall be tack coated and the
thickness of Type S-III asphaltic concrete shall be constructed in
accordance with the plans or requirements specified above for
pavement restoration.
7. Nonsurfaced streets, alleys and driveways shall be restored with 6-inches
of compacted lime rock base material placed in the top of the trench.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Pavement Removal and Replacement for which payment will be
made shall be the actual number of units measured in place and accepted. The
units measured shall be as listed in the Bid Schedule. If a payment item for
Pavement Removal and Replacement is not specifically included in the Bid
Schedule, the quantity for which payment will be made shall be the quantity
required to complete the work.
4.02 PAYMENT
A. Payment for Pavement Removal and Replacement shall be made at the prices
stated in the Bid Schedule. If a payment item for Pavement Removal and
Replacement is not specifically included in the Bid Schedule, payment for the
work specified in this Section shall be included in the several unit and lump sum
prices for all applicable items of work.
END OF SECTION
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SECTION 02685
NATURAL GAS PIPELINE INSTALLATIONS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work specified under this Section consists of all labor, services, equipment,
materials, labor, testing and purging required to complete the construction of the
gas mains and services; including meter sets and connection to the consumer’s
piping system with integrity testing performed of the customer’ system and
reinitiating of gas service; consisting of, but not limited to, piping, appurtenances
and other accessories as shown on the Drawings and or specifications.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Clearwater Gas System will furnish all gas related material in connection with the
installation of gas mains and service lines. Materials will be available for pick-up
by the Contractor at 400 North Myrtle Avenue, Clearwater, Florida, 33755.
Warehouse hours are 7:00 AM until 9:30 AM and 2:30 PM until 3:30 PM. The
contractor may pick up materials during these hours only. The contractor shall
supply the labor and equipment necessary for loading the materials supplied by
the City of Clearwater. The CGS will not provide any items, unless specifically
stated in the contract. The contractor is responsible for all materials obtained and
must adhere to the requirements of contractor vehicle and warehouse audits.
Contractor will be responsible for all shortages and monetary reimbursement is
required.
PART 3 - EXECUTION
3.01 LOADING, STORING AND STRINGING
A. When loading or unloading lengths of plastic pipe, a nylon sling will be used so as
not to damage the pipe itself. When unloading lengths of plastic pipe, it shall be
done by hand in such a manner as not to damage the pipe itself, nor to endanger
the safety of the main.
B. When storing, plastic material and fittings shall be placed on skids and covered
with a sheet of polyethylene or like material to protect it from sunlight.
C. When stringing pipe on the job site, the area will be cleared of all sharp objects,
and pipe will be placed in the ground in the same manner as unloading, so as not
to damage the pipe itself. While stringing lengths of pipe, a nylon sling shall be
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used in such a manner so as not to damage the pipe itself. Pipe shall not be
dragged along the ground surfaces.
3.02 INSTALLATION
A. Installation shall include excavation whether by trenching machine, backhoe,
directional drilling, by hand or other methods which may be necessary to prepare
a trench in which the pipe will be laid. The word "ditching" is used here and shall
mean the maintenance of ditch, including temporary damming, pumping, bailing
and draining and dewatering, wherever required, and the furnishing and placing of
any temporary shoring used to maintain the ditch. When the gas line parallels
other lines, not less than one foot clearance will be permitted from other lines, but
the required clearance from parallel lines shall be obtained from moving the ditch
lines laterally rather than through reduction of normal minimum cover of the gas
line. The foregoing clearances shall be minimum clearances allowable unless
owners of the interfering lines require greater clearances from gas lines. Then
their requirements shall be met if at all possible.
1. Trench shall be free of debris, sharp rocks, etc., before adding the sand
bed for the new gas main. Sand bed shall have a minimum thickness of 4"
below and 12” above the gas main
2. Before each section of pipe is installed in the line, internal surface shall be
suitably clean.
3. The pipeline shall be pigged and safely purged prior to final acceptance.
4. The open ends of all sections of joined and/or installed pipe (not in
service) shall be closed at night to prevent animals or foreign material
from entering the pipe line or pipe section. Extreme care must be
exercised when moving plastic pipe, support stands and rollers shall be
used when fusing and lowering pipe into the trench or bore hole.
POLYETHYLENE PIPE SHALL NOT BE DRAGGED ON THE
GROUND OR ON PAVED SURFACES. Support/Stands must be used at
all time that pipe is placed on paved surfaces.
5. Waterproof nightcaps of approved design may be used but they will be so
constructed that they will prevent the entrance of any type of natural
precipitation into the pipe and will be fastened to the pipe in such a
manner that the wind cannot blow them loose.
6. The practice of stuffing cloth or paper in the open ends of the pipe will not
be tolerated.
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7. Where possible, the pipe will be raised and supported at a suitable distance
from the open end such that the open end will be below the level of the
pipe at the point of support.
8. Plastic pipe must be installed below ground level and shall have a
minimum 36-inch depth of cover unless shown otherwise. No gas line
shall be installed at a depth of less than 36 inches or greater than 48”
inches below finish grade without written approval of the owner.
Unless otherwise specified a minimum of 12 inches vertically and 24
inches horizontally shall be maintained between the pipe surface and other
utility lines or adjacent foreign structures. In the event that it is not
possible to maintain required vertical clearance from other structures, the
Contractor shall case the gas main in steel pipe or plastic sheeting topped
with concrete at the discretion of the CGS's inspector.
9. Width of ditch shall be no less than twice the pipe diameter.
10. Plastic pipe is not to be installed in a vault or any other below-grade
enclosure.
11. Plastic pipe must be installed so as to minimize shear or tensile stresses.
12. Pipe that has scratches, notches, cuts or any other abrasions that exceed
10% of the pipe wall thickness shall be disposed of. The Contractor shall
use pipe stands, rollers, spooling devices, or other means to avoid
damaging the pipe during installation. Observe pipe during installation for
scratches, gouges or other defects. If defects are present, remove and
discard defective section of pipe. The CGS Inspector must be notified of
all defects and subsequent repairs.
13. Thermoplastic pipe that is not encased must have a minimum wall
thickness of 0.090 inches and labeled D 2513.
14. Any fittings, valves, crosses or laterals shall be accomplished with fusion
welds and the installation shall be included in the unit cost of the pipe
installation.
.
B. All lines shall be marked by #12 insulated copper tracer wire installed 12 inches
above the pipe. Gas mains, valves and locating stations shall also be marked by
adhesive identification disk affixed to the permanent curb or pavement. In
addition, all mains 4-inches or larger shall be marked by 4-inch wide non-metallic
marking tape installed 18 inches above the pipe. Tracer wire shall be looped-up,
uncut, into every valve box including main valves and service valves.
Installations where 500 feet of pipe is laid between valves, empty test station
boxes shall be installed over the gas main with tracer wire looped up every 500
feet. In commercially zoned areas, plastic marker poles with tracer wire looped
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up and attached may be substituted for gas test station type valve boxes with the
inspector's approval. All tracer wire splices shall be made by the use of a direct
bury splice kit, electric and duct tape connections are prohibited. Upon
completion of the project, and before final payment, the contractor will perform
the continuity check of the tracer wire to ensure and demonstrate to the CGS
inspector that there are no separations, and the tracer wire can be used for locating
purposes. The Contractor shall be responsible for repairing any damaged, broken
or otherwise separated tracer wire. All tracer wire, gas marking tape, valve boxes,
valve box concrete rings, marker poles and splice kits will be supplied by
Clearwater Gas System and the installation cost shall be included in the unit cost
of pipe installation.
C. Each plastic main must be installed with sufficient clearance, or must be insulated
from any source of heat, so as to prevent the heat from impairing the
serviceability of pipe. Locating wire is to be considered a source of heat, with the
exception of directional drilling placement.
D. Valves shall be maintained and protected from outside damage throughout the
length of the project and shall be kept accessible. The Contractor shall be
responsible for repairing valves, valve boxes, marker poles and test stations that
are damaged by construction activities. The Contractor shall also make any
adjustments to valve boxes that may be required to be flush with final grade.
Valves and Valve Boxes: Install valves and valve boxes plumb. All boxes shall be
installed flush with the finished grade. Support valve box with prefabricated valve
box rings or other approved formed and poured concrete material. Adequate
backfill shall be placed around the valve boxes and valve extension boxes to
prevent any damage or settlement to the pipeline that may be transferred to the
pipe through the valve box. Protective sleeves shall be installed over fusion joints
and extend through the valve boxes on the polyethylene valve installations. Plastic
valves shall be restrained from torque with approved restraints. Gas valves shall
be marked by adhesive identification disks affixed to the permanent curb or the
permanent pavement and marker poles installed if warranted for visibility. Valves
shall be installed at the design marked locations. Valve restraints are required for
2" valves and larger. Valves shall be installed with the operating nut on top,
facing vertically up. CGS will not accept valves that are cocked or oriented in any
direction except up.
E. Prior to joining, all individual gas main lengths shall be swabbed. All gas mains
shall be double pigged prior to initiation of gas service, but after joining has been
complete. The pigs used shall be suitable for different size pipes and be designed
for polyethylene pipe use. Any pig that could damage the pipe, such as wire brush
type pigs suitable for steel pipe shall not be acceptable for use inside plastic
mains. Only use of compressed air to drive the pig through the pipe shall be
permitted.
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F. Marker Poles: As the pipeline installation has progressed and before completion,
the Contractor shall install marker poles and posts at the locations designated by
the CGS construction standard of not to exceed 500 linear foot intervals and
prominent locations such as offsets and valve locations Bury the anchor end of all
5- foot posts approximately one- foot deep to attain a uniform height of 4- feet
above ground exposure as recommended by the manufacturer and to promote
safety in the line of sight.
G. All newly installed gas service lines and mains will be located by the utilization of
flags, yellow paint or stakes upon completion of construction and final
restoration.
3.03 QUALIFICATION OF JOINING PROCEDURES
A. Joining procedures shall be in accordance with Section 192.283 of the US
Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192.
B. Procedures for making joints in plastic pipe may be tested by the pipe and fitting
manufacturers and these tests may be accepted by the operator for qualification of
the procedure used by the contractor.
C. A copy of each written procedure being used for joining plastic pipe must be
available to the persons making and inspecting joints at the site where joining is
accomplished.
D. The Operations Coordinator will furnish a copy of the manufacturers
recommended Heat Fusion Joining Procedures Manual at the time of certification.
Butt Fusions
1. All butt fusions must only be performed by the person(s) qualified by CGS to butt fuse, as
certified by testing of the applicable pipe size category. Contractor’s supervisor shall be present
during all pipe fusions to insure that all required procedures are adhered to and to witness the
quality of each joint.
2. Pipe fusion shall be conducted in accordance with the "Clearwater Gas System Polyethylene
Gas Pipe Training Procedures", Ambient temperature shall be between 55° F and 90° F prior to
pipe fusion; otherwise pipe shall be protected from direct sunlight and cooled down until the
ambient temperature falls within the above temperature range.
3.04 QUALIFICATIONS OF PERSONNEL
A. Any person joining polyethylene gas pipe must receive training in accordance
with Section 192.285 of the US Department of Transportation, Title 49, Pipeline
Safety Regulations, Part 192.
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B. No person shall make a joint in a plastic pipe unless that person has been certified
through knowledge, skills and ability evaluation. The Gas Construction Inspector will conduct
such evaluation initially and on an annual basis. Records shall be maintained of personnel
qualified to make joints. NON-QUALIFIED CONTRACTOR EMPLOYEES SHALL NOT BE
ALLOWED TO PERFORM POLYETHYLENE JOINING. CGS fusion certifications shall
remain in effect for up to one calendar year.
C. Contractor employees and their sub contractors must meet the requirements and
intent of CFR 49 Part 192.801, 192.803, 192.805, 192.807, and 192.809 relating
to Operator Qualification issued on August 27, 1999 and effective with mandatory
training to be completed by October 27, 2002 and continued knowledge, skills
and ability training, hands on task assessments, to comply with the current OQ
requirements. The Contractor shall furnish for review to the Operations
Coordinator their current OQ plan, so it can be reviewed for compliance. The
Contractor must state in writing that their qualification plan is in conformance
with the intent of Federal Operator Qualification Regulations and is at least equal
to and applicable to Clearwater Gas System’s Operator Qualification Plan. The
Contractor’s Operator Qualification Plan must also explain how their employees
have the ability to identify and safely react to natural gas related Abnormal
Operating Conditions that may be encountered. The contractor’s emergency
action plan must also describe the necessary actions their employees will take to
protect people and then property in the event of gas pipeline failure resulting in a
hazardous, flammable atmosphere.
3.05 INSPECTION OF PLASTIC JOINTS
A. Each joint must be inspected to ensure that it is acceptable. The person who inspects
joints in plastic pipes must be qualified by appropriate training and experience in
evaluating the acceptability of plastic pipe joints made under the applicable joining
method. The inspector must be approved by the Operations Coordinator with
concurrence of the Operations Manager.
1. CGS will have OQ certified; polyethylene qualified construction
inspector r at the various gas construction job sites. The Inspector
has the right to sample and evaluate field fusion joints, and reject
any fusions not meeting CGS requirements. The Contractor shall
replace all fusions not meeting CGS requirements at his own
expense.
2. The Contractor shall also designate a polyethylene qualified
supervisor who will be present on site at all times to observe pipe
fuser(s).
3. The CGS’s Inspector will employ non-destructive testing methods
on polyethylene fusions and reject all deficient fusions. The CGS
inspector can request any amount of random fusion samples, cut
away from a joined pipeline for destructive testing
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JOINING PLASTIC PIPE
A. In general, all plastic joining shall be in accordance with American Standards
Code for Pressure Piping, as outlined.
B. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has
been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints
are prohibited.
C. Each heat fusion joint on plastic pipe must comply with the following:
1. A heat fusion joint must be joined by a device that holds the heater
element square to the ends of the piping, compresses the heated ends
together, and holds the pipe in proper alignment while the plastic hardens.
2. Heat may not be applied with a torch or other open flame.
3.07 TESTING
A. Each segment of a plastic pipeline must be pressure tested. The test procedure
must insure discovery of all potentially hazardous leaks in the segment being
tested. The plastic pipeline installation shall be pressure tested to 90 pounds per
square inch for MD PE 2406, 150 lbs per square inch for HDPE 3408, or no less
than the Maximum Allowable Operating Pressure of the Distribution System.
The temperature of thermoplastic material must not be more than 100 degrees
Fahrenheit during the test. These tests shall be recorded on a chart-type pressure
instrument, initially starting at the “0” increment mark and progressing to the
testing increment, as testing medium is introduced. Test duration shall be a
minimum of 24 hours and longer as required, depending on the complexity and
developed length. A 24-hour test shall be placed on the entire system of mains
prior to initiation of gas service. If a portion of the gas service has met the
requirements of the leak test and it is possible for the other sections to be tested
independently, then the CGS inspector or the designated representative of CGS
may approve initiation of gas service for that portion.
B. Each day’s work shall be tied into the preceding day’s work and tested overnight.
A pressure-time clock gauge with a range no greater than 0 – 200 psig. and in
good working order shall be furnished by the Contractor. All testing shall comply
with D.O.T. Title 49, Part 192, Transportation of Natural and Other Gas by
Pipeline: Minimum Federal Safety Standards.” The location of the project along
with the temperature at the time the test pressure is placed upon the pipe shall be
recorded on the pressure chart. The pressure charts shall be given to the CGS
inspector or the designated representative. In order to facilitate daily testing,
appropriate testing apparatus shall be used. Leaks shall be repaired in a manner
approved by the CGS or the designated representative of CGS before additional
lengths of pipe that need to be tested are added to the main.
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C. Fusion joints shall be a one-half inch molten bead of uniform appearance after
completion. This bead shall be visible and examined for penetration 360 degrees
around the pipe diameter.
D. Purging Pipes and Fittings: A combustible gas indicator shall be used when
purging mains, services and house piping. When purging gas from abandoned
lines, the air and the gas must be discharged aboveground at a minimum height of
8’ above grade, and directed away from electric power lines or structures. When
purging air from new lines, installation of a 5/8 service saddle and a grounded
metallic riser is required at the end or within four (4) feet from each dead end
on all new installations of pipe in order to purge air from all dead ends
simultaneously. Release gas into new lines at a rate that will prevent formation
of a hazardous mixture of gas and air or precede natural gas with a slug of inert
gas, such as nitrogen provided by the contractor at no additional cost to CGS.
E. If service lines are installed at the same time as the mains, then service lines shall
be included in the testing of the mains. If service lines are installed after gas
service has been initiated, then the Contractor shall test each service line
individually to stand up to an air test of 90- psig. for thirty (30) minutes. If a leak
is discovered, then the Contractor shall immediately make the appropriate repairs,
in a method approved by the CGS inspector or the designated representative of
CGS. All existing service lines that are disconnected from the main temporarily
shall be tested as if they are new lines before being placed back into service. The
pressure shall not decrease during the test period. Air pressure shall be held until
after soap testing. Soap test the service connection by brushing/ spraying an
approved liquid leak detection solution around the tapping tee base at the main,
both ends of the outlet coupling, the outlet connection of the excess flow valve,
and the pipe to riser connection in the customer’s yard or business location, and at
the meter valve inlet and outlet. If any leaks appear, the CGS’s Inspector will
direct appropriate repair procedures.
INSTALLATION - SERVICES
1. Service Lines Connected to a Polyethylene Main. All hot taps shall be made by
qualified fusers using self-tapping tees Contractor shall install tapping tees at the
locations marked by CGS. Bell holes shall be excavated, if installing the gas
mains by boring methods, at each tapping tee installation site to provide an
adequate work area for installation and inspection of tapping tees. The tapping
tees shall be installed in accordance with the CGS Procedures by the person(s)
qualified by CGS to install tapping tees. All tapping tee fusions must be left open
to be inspected by the CGS Inspector. TAPPING TEES SHALL ONLY BE
INSTALLED ON THE TOP OF MAIN
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2. The main shall be tapped after the tapping tee fitting and final connections has
cooled for the time period specified by the manufacturer and the service line has
been soaped and pressure tested. The manufacturer supplied tapping wrench or
fitting shall be the only tool used for turning the tapping tee cutter to avoid
tapping the backside of the main or loss of the cutter into the main, Allen
wrenches shall not be used.
3. Mechanical Joints. Compression type mechanical joints to connect polyethylene
pipe to steel pipe shall be designed for natural gas use and the gasket material in
the coupling must be compatible with the polyethylene pipe. The coupling must
be used in combination with an internal tubular rigid stiffener. The preferred
method is the utilization of a transition fitting to allow a steel to steel connection
using a compression dresser style coupling that can be readily restrained from pull
out by a mechanical or welding a rod type clamping device. Joints shall be
designed and installed to effectively sustain the longitudinal pull-out forces
caused by contraction of the piping or by external loading. Compression
couplings shall not be used in above ground installations. All mechanical joint
connections shall be noted on the submitted asbuilt drawing, including the
coupling manufacturer’s pertinent information
3.08 ANTI-DRUG AND ALCOHOL PROGRAM
A. The contractor agrees that it has in place, or will implement a drug and alcohol
training and testing program for its employees that comply with the requirements
of the US Department of Transportation, Title 49, Pipeline Safety Regulations,
Part 199, Drug Testing Program for Pipeline Personnel. The Contractor further
agrees to allow access to its property and records by the Human Resources
Director, or appointed designee, of the City of Clearwater. The Contractor will
permit representatives of state or federal agencies who monitor the compliance of
Drug and Alcohol rules/regulations access to its property and records. The
contractor shall furnish quarterly statistical reports to the Operations Coordinator.
B. Said program shall provide pre-employment, random, for cause and post accident
drug training and testing (alcohol for cause testing) for all of its employees as
required by Federal regulations and who are assigned to perform services for
Clearwater Gas System.
C. The contractor shall attest in writing, under oath, the following:
1. That the contracting firm has an agreement with a drug testing laboratory
certified by HHS/NIDA and an alcohol testing facility;
2. The name and address of the Medical Review Officer retained by the
contractor for the drug and alcohol testing program;
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3. That all employees of the contractor have been drug tested pre-
employment; and
4. That all employees covered by the US Department of Transportation
Regulation 199 receive random, for cause and post accident drug testing
and alcohol testing for cause pursuant to such regulation.
D. Prior to doing any work for the Clearwater Gas System, the contractor will submit
a copy of their current Alcohol Testing Policy and Drug Testing Policy. This
policy will be included in a response to the Request for Bid.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Natural Gas Pipeline Installation for which payment will be made
shall be the actual number of units measured in place and accepted. The units
measured shall be as listed in the Bid Schedule. If a payment item for Natural
Gas Pipeline Installation is not specifically included in the Bid Schedule, the
quantity for which payment will be made shall be the quantity required to
complete the work.
4.02 PAYMENT
A. Payment for Natural Gas Pipeline Installation shall be made at the prices stated in
the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not
specifically included in the Bid Schedule, payment for the work specified in this
Section shall be included in the several unit and lump sum prices for all applicable
items of work.
NATURAL GAS HOUSE (PIPING) PLUMBING
DESCRIPTION
It is a mandatory requirement of the Natural Gas House (Piping) Plumbing Section that the
contractor possesses either a Master Plumbers certified or registered with the State of Florida and
locally or a Gas Contractor license registered locally with either PCCLB or Pasco County
Building Department, depending where jurisdictionally the work will be performed.
The work to be performed shall consist of furnishing all necessary labor, tools, equipment,
materials, pipe & fittings, supplies, manufactured articles, power, and essential customer
communication, labor, and other operations necessary for the modification of existing natural gas
house plumbing to accommodate relocation of gas meters including: obtaining required permits
if applicable; installation of new house gas pipes by threading pipe, measuring/ fitting and
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assembling pipe and fittings, new shut off valves, gas meters and regulators and connecting
customer piping from a new location and, subsequent pressure testing – leak check (Drop Test-
utilizing a manometer))of the entire house gas plumbing system, and passing required
inspections. CGS will reserve the right to mandate the turning on the gas and relighting the
applicable appliances. Contractor shall immediately notify CGS dispatch of the “on gas” and
complete the required paperwork, including the drop test form, and submit, no later than the
following business day. The work shall be complete and performed in strict accordance with the
Contract specifications, and in compliance with all applicable codes, CGS requirements, Florida
Fuel Gas Code and industry standards. All work, materials, and services not expressly shown or
called for in the Contract Documents, which may be necessary for the complete and proper
construction of the work in good faith, shall be performed, furnished, and installed by the
Contractor as though originally so specified or shown, at no increase in cost to CGS. Gas pipe
fitters and plumbers shall be Florida licensed qualified and thoroughly trained and experienced in
the skills required, and shall be completely familiar with the design and application of work
described.
EXISTING GAS HOUSE PIPING (PLUMBING)
The modification of the existing gas house piping plumbing shall be performed by the contractor
only after receiving written approval from the CGS construction inspector. With the inspector’s
authorization the Contractor shall perform all modifications required for gas meter set clearance
code compliance of existing natural gas plumbing.
The Contractor shall remove and dispose of all abandoned existing gas plumbing piping. The
Contractor shall not cut into the existing gas plumbing until the CGS inspector verifies the new
meter stub-out location.
TESTING
Contractor shall pay for all testing and retesting required to show compliance with the Contract
Specifications, Codes, Regulations, and all other applicable laws.
A. CUSTOMER SYSTEM PRESSURE TEST
The Contractor will conduct leakage tests at one and half times the gas delivery pressure for
minimum time of 15 minutes on the new completed gas plumbing or as required by the City-
County Building Inspector. The pressure shall not decrease or increase during the test period.
B. CODE COMPLIANCE TESTING:
Before turning gas on
Before gas is introduced into a system of gas piping, the entire system shall be inspected to
determine that there are no open fittings or ends and that all valves at unused outlets are closed
and plugged or capped.
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C. LEAK DETECTION METHODS
The leakage shall be located by means of an approved gas detector, a noncorrosive detection
fluid or other approved leak detection methods
The following is an approved procedure for leak testing customer piping systems:
Leak tests are required any time there is an interruption of service meaning the flow of gas was
stopped for any reason. Florida Fuel Gas Code 406.6.3 (NFPA 54 -8.2.3) states that
"Immediately after the gas is turned on into a new system or into a system that has been initially
restored after an interruption of service, the piping system shall be tested for leakage. If leakage
is indicated, the gas supply shall be shut off until the necessary repairs have been made".
The leak test will indicate any leaks within the propane piping system due to interruption of
service or out of gas situation. The leakage test is simply testing the integrity of the system
plumbing joints and the seal of the pipe joint compound, piping fittings, pipe, gas equipment &
appliances, valves etc. This is the safety reasoning behind leak testing. The purpose a leak test is
performed is the life-safety factor “Protect Life and Then Property and because it is required by
Federal Pipeline Safety Laws of CFR 49.192, Florida Building Code adopted law/ ordinance and
the gas industry.
The leak check tests for leakage throughout the system of piping and appliances. It is used for
new and existing gas systems. It is conducted after a system has been successfully pressure
tested, inspected and approved.
Normally, the leak check is conducted when one of the following occurs:
• A system of new gas or modified gas piping is placed into service for the first time (drop test)
• A gas leakage is suspected (investigation of an odor complaint)
• A gas meter is replaced
• An appliance or appliance connector is replaced
• An out of gas condition occurs (interruption of service)
The pressure test and leak check are often confused. A pressure test is required for new piping
installations, while a leak check is required whenever the gas system is initially placed into
service or when the gas is turned back on after it has been turned off. Leak checks differ from the
pressure test in that it requires no special preparations. The medium used for a leak check is fuel
gas at normal supply pressure. The gas is applied to the total system
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LEAK CHECK PROCEDURE
The procedure for the leak check is not specified in the NFPA 54- National Fuel Gas Code or the
ICC Fuel Gas Code- Florida Fuel Gas Code. Any CGS accepted method can be used, as long as
it finds leaks. It is recommended that a written procedure for the method be developed and the
steps be taken to ensure that all employees follow the method established; consequently every
system is tested identically
TESTING FOR LEAKAGE
This test can be done by one of the following methods:
For Any Gas System- To an appropriate checkpoint attach a manometer or an appropriate
pressure gauge between the inlet to the piping system and the first regulator in the piping system,
momentarily turn on the gas supply and observe the gauging device for pressure drop with the
gas supply shut off. No evident drop in pressure should occur during a period of 3 minutes.
For Gas Systems Using Undiluted Liquefied Petroleum Gas System- Preparation for propane. A
leak check performed on an LP Gas System being placed back into service should include all
regulators, including appliance regulators, and control valves in the system. Accordingly, each
individual equipment shutoff valve should be supplying pressure to its appliance for the leak
check. This check will prove the integrity of the 100 percent pilot shut off of each gas valve in
the on position. Pilot not incorporating a 100 percent pilot shut off valve and all manual gas
valves not incorporating safety shutoff systems are to be placed in the off position prior to leak
checking, by using the following methods:
By inserting a pressure gauge between the container gas shutoff valve and the first regulator in
the system, admitting full container gas pressure to the system and closing the container shutoff
valve. Enough gas should be released from the system to lower the pressure gauge reading by
10psi. The system should then be allowed to stand for 3 minutes without showing an increase or
decrease in the pressure gauge reading.
For systems serving appliances that receive gas at a pressure of ½ psi or less, by inserting a water
manometer or appropriate pressure gauge into the system downstream of the final regulator,
pressurizing the system with either fuel gas or air to test pressure of 9 in. water column and
observing the device for a pressure change. If fuel gas is used as a pressure source, it is necessary
to pressurize the system to full operating pressure, close the container service valve, and then
release enough gas from the system through a range burner valve or other suitable means to drop
the system pressure to 9 in water column. This ensures that all regulators in the system are
unlocked and that a leak anywhere in the system is communicated to the gauging device. The
gauging device should indicate no lose or gain of pressure for a period of 3 minutes.
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WHEN LEAKAGE IS DETECTED
When pressure drops on the gauge or manometer is noted, all equipment or outlets supplied
through the system should be examined to see whether they are shut off and do not leak. If they
are found tight, there is a leak in the piping system.
Where leakage is indicated, the gas supply at the meter shall be shut off, locked and slugged until
the necessary repairs have been made. CGS dispatch shall be notified ASAP
Where leakage or other defects are located, the affected portion of the piping system shall be
repaired or replaced and retested
Matches, candles, open flames or other methods that could provide a source of ignition shall not
be used
PLACING GAS EQUIPMENT IN OPERATION
Gas utilization equipment/ appliances shall be permitted to be placed in operation after the piping
system has been tested and determined to be free of leakage and purged in accordance with
Section 406.7.2. of the Florida Fuel Gas Code
The Contractor will conduct leakage tests at one and a half times the gas delivery pressure for
minimum time of 15 minutes on the existing gas house plumbing or as required by the City-
County Building Inspector. The pressure shall not decrease or increase during the test period.
Other inspections and tests required by the City – County Building Inspector, codes, ordinances,
or other legally constituted authority shall be the responsibility of and shall be paid for by the
Contractor.
Testing of the existing gas house piping plumbing shall be performed prior to connecting the
new supply line.
TESTING:
Testing will be in accordance with the Florida Building Code and the CGS leakage testing
requirements.
CONTRACTOR'S CONVENIENCE TESTING:
Inspection and testing performed exclusively for the Contractor's convenience by CGS shall be at
the convenience of CGS if available and normal labor rates may be applicable .
SCHEDULE FOR TESTING:
1. If applicable, testing shall be scheduled with the Building Department in advance.
2. At least 48 hours notice shall be provided to the Building Department, when permits and
testing is required.
COOPERATION WITH THE BUILDING DEPARTMENT:
Building Inspectors shall have access to the work at all times and all locations where the work is
in progress. Contractor shall provide such access to enable the Building Department to perform
its functions properly.
A. Revising schedule: When changes of construction schedule are necessary during
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construction, Contractor shall coordinate all such changes with the Building Department as
required.
B. Adherence to Schedule: When the Building Department is ready to inspect, but is prevented,
correction notices fees will be paid for by the contractor
Natural Gas Distribution System
Any incompleteness of the work, all extra charges for testing attributable to the delay will
be back-charged to the Contractor and shall not be borne by the CGS.
COORDINATION WITH CUSTOMERS
The Contractor is responsible for coordinating access to private property with the homeowners.
The Contractor shall notify the property owner/ resident at least 14 days in advance of
performing work. Prior to starting work at a specific location the Contractor shall schedule the
work with the homeowner or resident, as the customer’s presence during the meter upgrades/
change out work is required.
The Contractor shall relight all pilot lights the same day after they install the new gas meter and
regulator. Contractor will confirm the regulator settings for the specific flow
No residence shall be shall be left out of gas service overnight. Each residence shall be
reconnected and all pilot lights re-lit before the end of the daily work day.
END OF SECTION
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SECTION 02696
DIRECTIONAL DRILL UTILITY PLACEMENT
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work specified under this Section consists of furnishing and installing
underground gas utilities by directional drill methods. This work shall include all
services, equipment, materials, labor and testing required completing the gas
utility installation and restoring any disturbed areas to their existing or better
conditions. The maximum depth of installed gas facilities shall not exceed four
feet unless prior approval is received, since CGS must readily access the facility
for maintenance in the future. All underground utilities shall be located and
potholed prior to the start of boring.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Plastic pipe must meet or exceed the following strength and composition
standards:
PE (Polyethylene) ASTM D 2513
For all gas pipes over 1" diameter
a. Plastic Pipe
1. Couplings: Plastic pipe couplings shall meet or exceed all
applicable ASTM strength and composition standards for
the particular type pipe being used.
2. Joints: Plastic pipe joints shall be made in accordance with
applicable ASTM standards. In all cases, the joints shall be
made sufficiently strong to withstand the stresses of
installation, with joints completely set and cured prior to
placement of the pipe.
B. Drilling Fluids shall consist of a mixture of potable water and gel-forming
colloidal material such as bentonite, or a polymersurfactant mixture producing a
slurry of custard-like consistency.
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2.02 EQUIPMENT
A. All equipment used in the execution of work shall have the built-in capacity,
stability and necessary safety features required to fully comply with these
specifications without showing evidence of undue stress or failure.
It shall be the responsibility of the Contractor to assure that the equipment to be
used in the crossing operation is in sound operating condition. Backup equipment
may be required where job site conditions indicate that severe damage to the
roadway or a hazardous condition may result in the event of an equipment
breakdown and where the condition of the equipment to be used indicates that
routine component replacement or repair will likely be necessary during the
crossing.
1. General Arrangement of Tunnel Boring System: The tunnel boring
equipment shall consist of truck-mounted field power unit and a trailer or
dolly mounter drill unit. A minimum crew of three people is required to
operate the units.
a. Field Power Unit: The field power unit shall be a self-contained
truck-mounted system designed to provide a supply of high
pressure bentonite cutting fluid to the drill unit. It shall contain a
1,000 gallon (3,800 liter) fluid storage tank and a complete
bentonite mixing system. The cutting fluid is to be mixed on site
without the need for an external water supply. It shall permit
changes to be made to the bentonite concentration during tunneling
in response to changing soil conditions. The field power unit shall
contain the power-takeoff-driven high pressure bentonite pumping
system.
b. Directional Drill System: A dolly mounted version of the drill
system shall include a thrust frame. Both the trailer mounted and
dolly mounted drill system shall be designed to rotate and push
10-foot (3-meter) minimum hollow drill sections into the tunnel
being created by the boring head. The drill sections shall be made
of a high strength steel which permits them to bend to a 30-foot
(9-meter) radius without yielding. Drill end fittings shall permit
rapid make-up of the drill sections while meeting the torque,
pressure and lineal load requirements of the system. The boring
head itself shall house a watertight battery-operated electronic
system used to determine tool depth and location from surface and
to orient the head for steering.
All tunneling systems shall be in sound operating condition with
no broken welds, excessively worn parts, badly bent or otherwise
misaligned components. All ropes, cables, clamps and other non-
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mechanical but essential items shall be in sound condition and
replaced immediately when need is apparent.
Other: Devices or utility placement systems for providing
horizontal thrust other than those previously defined in the
preceding sections shall not be used unless approved by the
Engineer prior to commencement of the work. Consideration for
approval will be made on an individual basis for each specified
location. The proposed device or system will be evaluated prior to
approval or rejection on its potential ability to complete the utility
placement satisfactorily without undue stoppage and to maintain
line and grade within the tolerances prescribed by the particular
conditions of the project.
Water sluicing methods, jetting with compressed air, or boring or
tunneling devices with vibrating type heads that do not provide
positive control of the line and grade shall not be allowed.
2. Spoils Equipment: Vacuum truck shall be a self-contained truck which
has sufficient vacuum and capacity to remove excess bentonite mixture
from the project site as required or directed by the Owner's
Representative.
PART 3 - EXECUTION
3.01 PERSONNEL REQUIREMENTS
A. Responsible representatives of the Contractor and Subcontractor(s) shall be
present at all times during the actual crossing operations. A responsible
representative as specified herein is defined as a person experienced in the type of
work being performed and who has the authority to represent the Contractor in a
routine decision making capacity concerning the manner and method of carrying
out the work specified herein.
B. The Contractor and Subcontractor(s) shall have sufficient number of competent
workers on the project at all times to ensure the utility placement is made in a
timely and otherwise satisfactory manner. Adequate personnel for carrying out all
phases of the actual crossing operation (where applicable: tunneling system
operators, operator for removing spoil material, and laborers as necessary for
various related tasks) must be on the job site at the beginning of work. A
competent and experienced supervisor representing the Contractor or
Subcontractor that is thoroughly familiar with the equipment and type of work to
be performed, must be in direct charge and control of the operation at all times.
In all cases the supervisor must be continually present at the project site during
the actual crossing operation.
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3.02 COORDINATION OF THE WORK
A. The Contractor shall notify the Owner and Engineer at least 24 hours in advance
of starting work. In addition, the actual crossing operation shall not begin until
the Engineer or his representative is present at the project site and agrees that
proper preparations for the crossing have been made. The Engineer's approval for
beginning the crossing shall in no way relieve the Contractor from the ultimate
responsibility for the satisfactory completion of the work.
B. The Contractor and the Engineer shall select a mutually convenient time for
crossing operation to begin in order to avoid schedule conflicts.
3.03 PROCEDURE
A. Erection or installation of appropriate safety and warning devices in accordance
with the Florida Department of Transportation (FDOT) Manual on Traffic Control
and Safe Practices shall be completed prior to beginning work.
B. Subsurface Soil and Drainage Investigation: To correctly plan individual crossing
procedures such as dewatering, use of cutting heads, positioning of auger within
the casing and to accurately locate potential problem areas, an adequate
subsurface investigation shall be made by the Contractor.
C. Equipment Set-Up:
1. The general operating sequence of the tunneling system shall be as
follows:
a. The trailer or dolly is positioned at the starting location.
b. The tool head and first drill pipe are loaded onto the thrust frame.
c. The proper cutting fluid pressure is set on the field power unit.
d. The tool is advanced and steered level at the proper depth using the
locator to sense tool position.
e. More drill pipe is added as the tool is advanced.
f. After each new drill pipe is advanced into the ground, the tool is
located and a computer generates the steering command for the
next length of drill pipe to keep the tool on course.
g. Steps "e" and "f" are repeated until the tool advances to the end of
the run.
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h. At the end of the run the drilling head is removed and a reamer is
attached to enlarge (if necessary) the hole for the utility.
i. The utility is attached to the reamer.
j. The drill pipe is withdrawn from the hole pulling the utility.
k. Utility connections are made.
l. The area is restored.
D. Crossing Operation: The actual crossing operation shall be accomplished during
daylight hours and shall not begin after the hour pre-established as the latest
starting time that will allow completion during daylight hours except as noted
below:
1. In emergency situations, or where delay would increase the likelihood of a
failure, nighttime work will only be allowed to complete a delayed
crossing. In addition, where the obvious hazards of nighttime work are
carefully considered and determined to be insignificant, nighttime work
will be allowed to complete a properly planned crossing if the Engineer
agrees that the delay was caused by reasonably unavoidable
circumstances, when such nighttime work is necessary to avoid placing an
undue hardship on the Contractor.
Planned nighttime work is expressly prohibited and will not be allowed
except for extenuating circumstances. Any nighttime work shall be in
strict conformance with the Florida Department of Transportation (FDOT)
Manual on Traffic Control and Safe Practices.
E. Equipment Breakdowns or Other Unforeseen Stoppages: If forward motion of the
tunneling tool has halted at any time other than for reasons planned for in advance
and prevention of voids under paved areas cannot be assured, the tunnel must be
filled with bentonite by injection as soon as possible and abandoned.
When an obstruction is encountered that cannot be passed or an existing utility is
damaged, open cutting for inspection may be allowed if approved by the Engineer
when consideration of all pertinent facts indicate such action is warranted. Any
such authorized excavation shall be repaired according to the appropriate
specifications herein or otherwise directed.
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3.04 WAIVER OF REQUIREMENTS
A. These specifications are appropriate for most common crossing situations. Under
unusual conditions, not adequately covered herein, these requirements may be
altered or waived when their strict adherence would increase the likelihood of
crossing failure. Any such alteration or waiver shall be based on sound
engineering judgment and must be fully documented as further specified herein.
Any alteration or waiver must be approved by the Engineer.
3.05 REPORTING PROCEDURES
A. An accurate log shall be kept by the Contractor on all crossings. The purpose of
this log is to record and report the data necessary to isolate and identify all
common factors associated with underground crossing failures. The log shall also
be for the inspector's use as a checklist of essential items pertaining to the
crossing. The data shall be recorded on the job site during the actual crossing
operation. The log shall include elevation readings of the utility every 10 feet
along the crossing.
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Directional Drill Utility Placement for which payment will be
made shall be the actual number of units measured in place and accepted. The
units measured shall be as listed in the Bid Schedule. If a payment item for
Directional Drill Utility Placement is not specifically included in the Bid
Schedule, the quantity for which payment will be made shall be the quantity
required to complete the work.
4.02 PAYMENT
A. Payment for Directional Drill Utility Placement shall be made at the prices stated
in the Bid Schedule. If a payment item for Directional Drill Utility Placement is
not specifically included in the Bid Schedule, payment for the work specified in
this Section shall be included in the several unit and lump sum prices for all
applicable items of work.
END OF SECTION
Attachment number 1 \nPage 116 of 119
Item # 7
109
SECTION 02935
SODDING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. The work specified in this section consists of the establishing of a stand of grass,
within the areas indicated on the Drawings and/or areas disturbed by construction
activities, by the furnishing and placing of grass sod, fertilizing, watering and
maintaining the sodded areas to assure a healthy stand of grass, until rooted.
PART 2 - PRODUCTS
2.01 GRASS SOD
A. Grass sod shall match existing grass type and shall be well matted with grass
roots. The sod shall be taken up in rectangles, preferably 12-inch by 24-inch,
shall be a minimum of 2-inches in thickness and shall be live, fresh and uninjured
at the time of planting. It shall be reasonably free of weeds and other grasses and
shall have a soil mat of sufficient thickness adhering firmly to the roots to
withstand all necessary handling. The sod shall be planted as soon as possible
after being dug and shall be shaded and kept moist until it is planted. After sod is
installed it shall be maintained until it is rooted, which will necessitate watering
frequently
2.02 WATER FOR GRASSING
A. The water used in the sodding operations may be obtained from any approved
spring, pond, lake, stream or municipal water system. The water shall be free of
excess and harmful chemicals, acids, alkalies, or any substance which might be
harmful to plant growth or obnoxious to traffic. Salt water shall not be used.
PART 3 - EXECUTION
3.01 PREPARATION OF GROUND
A. The area over which the sod is to be placed shall be scarified or loosened to a
suitable depth and then raked smooth and free from rocks or stones. Where the
soil is sufficiently loose, the Owner's Representative, at his discretion, may
authorize the elimination of ground preparation.
Attachment number 1 \nPage 117 of 119
Item # 7
110
3.03 PLACING SOD
A. The sod shall be placed on the prepared surface, with edges in close contact and
shall be firmly and smoothly embedded by light tamping with appropriate tools.
B. Where sodding is used in drainage ditches, the setting of the pieces shall be
staggered so as to avoid a continuous seam along the line of flow. Along the
edges of such staggered areas, the offsets of individual strips shall not exceed 6-
inches. In order to prevent erosion caused by vertical edges at the outer limits, the
outer pieces of sod shall be tamped so as to produce a featheredge effect.
C. On steep slopes, the Contractor shall, if so directed by the Owner's
Representative, prevent the sod from sliding by means of wooden pegs driven
through the sod blocks into firm earth, at suitable intervals.
D. Sod which has been cut for more than 72 hours shall not be used unless
specifically authorized by the Owner's Representative after his inspection thereof.
Sod which is not planted within 24 hours after cutting shall be stacked in an
approved manner and maintained and properly moistened. Any pieces of sod
which, after placing, show an appearance of extreme dryness shall be removed
and replaced by fresh, uninjured pieces.
E. Sodding shall not be performed when weather and soil conditions are, in the
Owner's Representative opinion, unsuitable for proper results.
3.04 WATERING
A. The areas on which the sod is to be placed shall contain sufficient moisture, as
determined by the Owner's Representative, for optimum results. After being
placed, the sod shall be kept in a moist condition to the full depth of the rooting
zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed
until the sod roots and starts to grow for a minimum of 60 days (or until final
acceptance, whichever is latest).
3.05 MAINTENANCE
A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory
condition until final acceptance of the project. Such maintenance shall include
repairing of any damaged areas and replacing areas in which the establishment of
the grass stand does not appear to be developing satisfactorily.
B. Replanting or repair necessary due to the Contractor's negligence, carelessness or
failure to provide routine maintenance shall be at the Contractor's expense.
Replanting necessary due to factors determined to be beyond the control of the
Contractor shall be paid for under the appropriate contract pay items.
Attachment number 1 \nPage 118 of 119
Item # 7
111
PART 4 - MEASUREMENT AND PAYMENT
4.01 MEASUREMENT
A. The quantity of Sodding for which payment will be made shall be the actual
number of units measured in place and accepted. The units measured shall be as
listed in the Bid Schedule. If a payment item for Sodding is not specifically
included in the Bid Schedule, the quantity for which payment will be made shall
be the quantity required to complete the work.
4.02 PAYMENT
A. Payment for Sodding shall be made at the prices stated in the Bid Schedule. If a
payment item for Sodding is not specifically included in the Bid Schedule,
payment for the work specified in this Section shall be included in the several unit
and lump sum prices for all applicable items of work.
END OF SECTION
Attachment number 1 \nPage 119 of 119
Item # 7
CONTRACT
(1)
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
_____________________________________, of the City of ____________________ County of
__________________________ 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:
PROJECT NAME (PROJECT #)
in the amount of $________________
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
Attachment number 2 \nPage 1 of 5
Item # 7
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 2 \nPage 2 of 5
Item # 7
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 2 \nPage 3 of 5
Item # 7
CONTRACT
(3)
The successful bidder/contractor will be required to comply with Section 119.0701, Florida
Statues (2013), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
City of Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the
City of Clearwater would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of
Clearwater all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically must
be provided to the public agency in a format that is compatible with the information
technology systems of the City of Clearwater.
Attachment number 2 \nPage 4 of 5
Item # 7
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.)
______________________________
______
Attachment number 2 \nPage 5 of 5
Item # 7
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve an increase of $925,082 in the Clearwater Gas System Fiscal Year 2013/2014 Dividend to the City General Fund and allocate
$250,000 of this back to the Clearwater Gas System to speed the payoff of the Clearwater Natural Gas Vehicle Fueling Station.
(consent)
SUMMARY:
Clearwater Gas System (CGS) budgeted to pay a Fiscal Year 2013/2014 dividend of $1,700,000 to the City General Fund. Based on
City Council policy, the Gas System each year returns half of its annual Net Income less debt service interest as a dividend to the City in
the following year. CGS’s financial performance for Fiscal Year 2012/2013 exceeded our budget forecasts; therefore, CGS will pay an
increase in the Fiscal Year 2013/2014 dividend of $925,082, based on financial performance, which will bring the total Fiscal Year
2013/2014 dividend to $2,625,082.
Clearwater Gas has invested approximately $2.3 million in the construction of the new Clearwater Natural Gas Vehicle (NGV) Filling
Station and is planning to invest an estimated additional $1 million this year to add a full back-up compressor, increase the storage to
improve reliability and speed the filling capacity for the City’s Solid Waste trucks and other large vehicles, and provide capacity for
future fleet expansion. Staff is recommending that the City Council allocate $250,000 of the added CGS dividend payment back to CGS
to accelerate the recovery of the NGV Filling Station capital costs, which will ultimately reduce the cost of this NGV fuel for City Fleet
and other customers. It should be noted that last year the City Council also re-directed $250,000 of the CGS excess dividend payments
back to the CGS to accomplish this.
Therefore, after this recommended allocation of $250,000 to the NGV capital fund, there will remain a net of $675,082 in increased
funding to the City’s General Fund reserve in Fiscal Year 2013/2014 for other City projects.
A first quarter budget amendment will reflect the transfer of this $925,082 from the Clearwater Gas System to the General Fund to
reflect the increased dividend payment from the Clearwater Gas System to the City’s General Fund. In addition, if approved, first
quarter budget amendments will reflect the transfer of $250,000 of General Fund revenues from the General Fund Non-Departmental
program to capital project 315-96387, Natural Gas Vehicles.
Type:Operating Expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
Increase the Gas System Dividend to the City General Fund and allocate a portion of this to a CGS CIP Fund. See funding statement in
background section.
Current Year Cost:925,082 Annual Operating Cost:925,082
Not to Exceed:Total Cost:925,082
For Fiscal Year:10/1/2013 to 9/30/2014
Appropriation Code Amount Appropriation Comment
See funding statement in
background section
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
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Attachment number 1 \nPage 7 of 7
Item # 8
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve the assignment of the City’s Employee Assistance Program (EAP) services under provider MHNet Specialty Services, LLC to
Aetna Behavioral Health, LLC to be effective July 1, 2014 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On May 17, 2013, Aetna completed its acquisition of Coventry Health Care, Inc. and all of its affiliated companies, including the City’s
provider for Employee Assistance Program (EAP) services MHNet Specialty Services, LLC. The current agreement between the City
and MHNet provides that MHNet may assign the agreement to an entity that is controlled by, controls or is under common control with,
or an affiliate of MHNet.
The assignment of the MHNet Agreement to Aetna will take effect on July 1, 2014, on which date all of the rights, title, and interest and
obligations for EAP services under the MHNet Agreement will be assigned to Aetna Behavioral Heath, LLC, and Aetna Behavioral
Health will assume all of the obligations, rights and duties of MHNet relating to the provision of EAP services thereafter.
This acquisition has already resulted in the availability of additional member resources and improved services to include an
enhancement of the EAP website, weekly webinars, and access to discounts for fitness memberships, weight loss programs and health
products. This assignment will have no effect on other MHNet services at this time, including Mental Health/Chemical Dependency
services, and there will be no change in the current EAP benefits, MHNet account management staff, or member toll-free phone
number. There is no cost to the City associated with this request.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 9
Attachment number 1 \nPage 1 of 2
Item # 9
Attachment number 1 \nPage 2 of 2
Item # 9
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Authorize the Marine and Aviation Department Director to apply for and administer the Florida Fish and Wildlife Conservation
Commission (FWC), Florida Boating Improvement Program (FBIP) Grant on behalf of the City of Clearwater, and adopt Resolution
14-04.
SUMMARY:
The Marine and Aviation Department proposes to replace fourteen of the existing 43 city-owned boat slips behind the Clearwater
Marine Aquarium with a 200 ft. floating dock system for day dock boater use, with handicapped accessibility. The intent would be to
decrease the number of slips needing maintenance, while providing boaters an alternative to driving to the aquarium by car, and picking
up and dropping off passengers via a floating dock system better equipped to safely board special needs visitors. The docks there now
are fixed for private recreational use, and have no provision for special needs boaters.
The Department desires to apply to the Florida Fish and Wildlife Conservation Commission (FWC) for a Florida Boating Improvement
Program (FBIP) Grant, to offset the cost of purchasing the floating dock system. The City Resource Committee approved applying for
the grant funding at the December 4, 2013 meeting. The matching funds have been secured with agreements to commit from Clearwater
Marine Aquarium, Florida West Coast Cruises and Bay Star Restaurant Group, and all construction and environmental permits
necessary have been obtained.
Adoption of Resolution 14-04 will authorize the Marine and Aviation Department Director to apply for and administer the FBIP Grant
on behalf of the City.
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 # 10
Resolution No. 14-04
RESOLUTION NO. 14-04
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE MARINE & AVIATION
DEPARTMENT DIRECTOR TO ACT AS PROJECT
MANAGER TO APPLY FOR AND ADMINISTER THE
FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION (FWC) FLORIDA BOATING IMPROVEMENT
PROGRAM (FBIP) GRANT ON BEHALF OF THE CITY OF
CLEARWATER, THE GOVERNING BODY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a requirement of the Fish and Wildlife Conservation Commission
(FWC) to apply for their Florida Boating Improvement Program (FBIP) grant funding
includes the City of Clearwater, as the Governing Body, adopting a resolution
authorizing the Project Manager to apply for and administer the grant on their behalf,
and is willing to enter into a 20-year agreement for the maintenance and operation of
the project at such time as the grant is awarded; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves authorizing the
Marine & Aviation Department Manager to act as Project Manager to apply for and
administer the Florida Boating Improvement Program grant on behalf of the City of
Clearwater, the Governing Body, and enter into a 20-year agreement for the
maintenance and operation of the project at such time as the grant is awarded.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2014.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 10
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve a blanket purchase order (BPO) to Mid-Pinellas Umpire Assoc. for $200,000 to provide umpiring and scorekeeper services for
recreation leagues and tournaments held in Clearwater through December 31, 2014 according to Bid 05-12. (consent)
SUMMARY:
The Mid-Pinellas Umpire Association has agreed to renew their services for an additional year under the same terms and conditions of
the original bid. This will be the third and final year under this bid.
Last year Mid-Pinellas provided umpires and officials for over 3,500 games including the USF Series of tournaments and ASA Gold
Tournament.
The costs for these services are paid for by user fees that are charged to the teams. Revenues therefore offset the costs associated with
this BPO.
Bid Required?:Yes Bid Number:05-12
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 # 11
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve a Memorandum of Understanding (MOU) between the City of Clearwater and the Tampa Bay Veterans Alliance (TBVA) for
the purpose of formalizing the intent of the parties relating to the responsibilities and obligations regarding the funding, fundraising,
design, site selection, construction, installation and maintenance of a proposed Veterans War Memorial at Crest Lake Park for a
proposed total project cost of $1.3 million of which the City will be responsible for 50% or $650,000, if TBVA is successful in meeting
their requirements of the MOU and authorize the appropriate officials to execute same. (consent)
SUMMARY:
TBVA has presented the City of Clearwater with the prospect of creating a Veterans War Memorial to be sited at Crest Lake
Park. Currently the project is being proposed in two phases. The first phase consists of a memorial plaza constructed of pavers or
concrete with half-walls, of approved height and length, to feature veteran and donor recognition plaques with further landscape and
hardscape features as permitted.
Phase II may follow, as agreed to by the City and the TBVA, and include the addition of memorial sculptures and plaques recognizing
the service of veterans from World War I though present (approximate cost $500,000 to be shared equally by both parties).
TBVA estimates the total cost of Phase I to be $300,000.00. TBVA shall initiate, coordinate, and oversee a campaign to raise $150,000
and if successful the City will match that amount from a fund to be determined at the time TBVA raises the first $150,000. It is
estimated that it will take 18 to 24 months to raise TBVA’s portion of Phase I funding.
Once TBVA has collected the full $150,000.00 and remitted it to the City to hold in escrow for the planning, permitting, and
construction of Phase I, the City will formalize its matching funds of $150,000. Once project funds are in place from both TBVA and
the City design, permitting and construction will commence with the City acting as the project manager.
The MOU will terminate in its entirety should TBVA fail to raise the $150,000.00 required for their portion of the project by January 1,
2016. Should TBVA fail to raise the required funding, the City shall not have any monetary responsibility or obligation for any aspect
of the Project, including but not limited to, any ongoing subsidy.
In advance of an anticipated increase in park user volume and the fact that no public parking exists close to the proposed memorial site
on Lake Avenue the City will need to budget and allocate approximately $100,000 to construct a 15 to 20 space parking facility.
Approval of funding for this parking facility will be determined at the same time the City formally funds the City match of $150,000.
Staff recommends that when funding is approved for Phase I ($150,000), it come from undesignated retained earnings and that for
Phase II ($500,000), come by reallocating Penny funds allocated for neighborhood park renovations at Crest Lake in Fiscal Year
2016/17.
TBVA has presented the project to, and obtained support from, the Skycrest Neighborhood Association, the Clearwater Arts Alliance,
and the Clearwater Public Art and Design Board.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 12
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Item # 12
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve Third Amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of Clearwater (City) and Ruth
Eckerd Hall, Inc. (REH); and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On September 20, 2012, the City entered into the CTOA with REH to renovate and operate the Capitol Theatre Facility located at 401,
403 and 409 Cleveland Street for a period of 30 years.
The CTOA requires deposits to be rendered by REH to the City equating to a total of $3,000,000 over a period of 12 years.
The CTOA required an initial deposit to an Operating Reserve Fund of $1,000,000 by REH prior to obtaining a Certificate of
Occupancy. Two subsequent deposits of $500,000 are to be rendered on the first and second anniversaries of the creation of the
Operating Reserve Fund. Beginning on the third anniversary, annual $100,000 deposits are to be rendered through the twelfth
anniversary.
The CTOA also provides for a fifth year review of the Operating Reserve Fund to ascertain whether any increases or decreases to the
contribution amount are recommended based on the status of the Fund.
Due to unanticipated maintenance costs, which incurred at Ruth Eckerd Hall, REH has requested this third amendment allowing
payment of the first $1,000,000 over a time period. The first $100,000 has been deposited to the City, and the remaining $900,000
would be rendered in equal monthly payments over 10 months beginning in April 2014 and ending in December 2014.
The remaining deposits would be rendered in accordance to the CTOA.
All other terms and conditions of the original agreement will remain in full force and effect.
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 3
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Item # 13
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve a five-year Agreement between Intelli-Mark Technologies, Inc. (ETIX) and the City of Clearwater (City) to provide ticketing
solutions for City Special Events comprising of advanced internet ticket sales, box office sales, telephone sales, bulk ticket printing,
support services, and ticket validation components from February 1, 2014 to January 31, 2019, and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
The Special Events Division of the Parks and Recreation Department has used a variety of methods and vendors to provide ticket
solutions for the major special events held throughout the City. Over the past several years, the City has used the services of Ticket
Master to assist with ticket sales for these events.
On June 29, 2012, Requests for Proposal (RFP) were solicited and the City received three qualified responses with Extreme Tic Inc.
(IT) providing the most advantageous service and proposal to the City. On December 6, 2012, the Council approved entering into an
Agreement for IT to provide these ticketing services. IT did not meet the performance standards as outlined in the Agreement thus,
termination of the Agreement.
The second most qualified response was from ETIX, so staff is using them for the Sea Blues Festival to be held on February 15 - 16,
2014.
ETIX had the most reasonable and lowest pricing structure than the other respondent. The convenience fee varies depending on the cost
of the ticket from $1.00 to $4.25 per ticket plus a 3% credit-card processing fee.
This Agreement will continue to provide savings not only to the City but also the citizens and guests who use the system over other
options and providers used in the past.
The Agreement may also be extended for an additional five years with written agreement between both parties.
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
Item # 14
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Item # 14
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy
services in the amount of $15,000, for the period commencing January 1, 2014 through December 31, 2014, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The Clearwater Police Department (CPD) seeks City Council approval to renew a contractual agreement with RCS (a registered
non-profit organization with four distinct yet interwoven programs, which includes The Haven of RCS) to provide a part-time
bilingual victim advocate position from The Haven to be physically located at CPD headquarters. The victim advocate will work
20 hours per week and perform the duties associated with the implementation of a domestic violence victim advocacy program
with an emphasis on Spanish-speaking, Hispanic victims for a one-year period.
This is a fourth year request for the services of a part-time bilingual victim advocate, which has proven to be a very successful
program. The victim advocate provided safety plans for 263 domestic violence victims, 30 of whom were Hispanic, for the period
January 1, 2013 through November 30, 2013. Additionally, there were 263 initial calls made to the victims of domestic violence
and 302 follow up calls. The victim advocate also assisted the victims at court hearings and State Attorney Investigations.
The Haven of RCS is a state-certified provider of domestic violence victim advocacy services, has a number of Spanish-speaking
victim advocates on staff, and has a long history of partnering with CPD and its victim advocate on domestic violence
issues. Pursuant to the contractual agreement, The Haven of RCS will provide comprehensive domestic violence services on-site
at CPD for a total of 400 victims, with an emphasis on Spanish-speaking Hispanics but to include all domestic violence victims.
All expenses will be funded with Special Law Enforcement Trust Fund revenue and charged toSpecial Project 181-99356.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$ 15,000.00 Annual Operating Cost:
Not to Exceed:Total Cost:$
15,000.00
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
181-99356 $ 15,000.00 All expenses will be funded with Special Law
Enforcement Trust Fund revenue and charged to
Special Project No. 181-99356
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 15
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Item # 15
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve the Combined Operational Assistance and Voluntary Cooperation Agreement with the City of Tampa and the Tampa Police
Department for law enforcement services for one year from the date of the execution of the Agreement, with automatic renewal for each
year thereafter until canceled by one of the parties, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Mutual aid agreements among law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering
voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and for providing
operational assistance whereby each agency may request law enforcement assistance from or render law enforcement
assistance to other law enforcement agencies during emergencies, such as civil disturbances or natural disasters.
The City of Clearwater currently has a Mutual Aid Agreement with the Pinellas County Sheriff’s Office and the other
municipal police departments in Pinellas County. However, no such local Agreement has ever existed between the City
of Clearwater and the City of Tampa. This agreement incorporates into one Mutual Aid Agreement both a Voluntary
Cooperation Agreement concerning routine law enforcement matters and an Operational Assistance Agreement for use
during emergencies. The Agreement will enable both law enforcement agencies to conduct inter-jurisdictional
investigations relating to, for example, traffic enforcement and the distribution of narcotics. The Agreement will also
enable each agency to provide assistance to the other agency during civil disturbances, natural disasters, parades, and
incidents requiring the utilization of specialized units.
Law enforcement officers providing assistance to the other agency pursuant to the terms of the Agreement will have
the same powers when located within the other agency’s jurisdiction as if they were performing their duties inside their
own jurisdiction.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 16
Attachment number 1 \nPage 1 of 5
Item # 16
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Item # 16
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) for $425,104.00 to Stingray Chevrolet for sixteen 2014 Chevy Tahoe PPV Police Department vehicles, in
accordance with 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City's Master Lease Purchase
Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best
interests; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The sixteen Chevrolet Tahoe Police Pursuit Vehicles (PPV's) will be purchased through the Florida Sheriff's contract, 12-
20-0905, Specification 3 and quote dated October 1, 2013.
These PPV's will replace G2508 (2002 Ford Crown Victoria with 97,943 miles), G2512 (2002 Ford Crown Victoria with
77,218 miles) G2686 (2003 Ford Crown Victoria with 91,464 miles), G2756 (2003 Ford Crown Victoria with 91,151
miles), G2758 (2003 Ford Crown Victoria with 93,554 miles), G2851 (2004 Ford Crown Victoria with 95,187 miles)
G2987 (2005 Ford Crown Victoria with 93,706 miles) G2988 (2005 Ford Crown Victoria with 94,990 miles) G2989 (2005
Ford Crown Victoria with 86,316 miles) G2995 (2005 Ford Crown Victoria with 94,516 miles), G2996 (2005 Ford Crown
Victoria with 101,888 miles), G3171 (2006 Ford Crown Victoria with 93,129 miles), G3181 (2006 Ford Crown Victoria
with 92,179 miles), G3340 (2007 Ford Crown Victoria with 95,874 miles), G3346 (2007 Ford Crown Victoria K-9 unit with
103,046 miles), G3480 (2008 Ford Crown Victoria with 102,025 miles). These vehicles are included in the Fiscal Year
2013/2014 Garage CIP Replacement Fund.
Sixteen Chevrolet Tahoe PPVs will be purchased. Six of these units will be purchased with Penney for Pinellas proceeds.
The remaining ten units will be purchased through the lease purchase fund.
Type:Lease Option
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$35,400.00 Annual Operating Cost:$105,233.42
Not to Exceed:Total Cost:$140,633.42
For Fiscal Year:10/1/2013 to 9/30/2014
Appropriation Code Amount Appropriation Comment
0316-94241-564100-519-
000
$330,000 L/P CIP
0315-94238-591000-521-
000
$198,000 Penny for Pinellas Fund
Bid Required?:Yes Bid Number:
Other Bid / Contract:Florida Sheriff's
Contract12-20-0905 Bid Exceptions:None
Review Approval:1) Purchasing 2) Assistant City Manager 3) City Manager 4) Clerk
Cover Memo
Item # 17
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve Change Order 2 to Kamminga and Roodvoets, Inc. of Tampa, Florida for the Mandalay Avenue Stormwater Outfall project
(11-0031-EN) in the amount of $195,720.00, for a new contract total of $1,673,687.85 for completion of additional milling and paving
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Clearwater City Council awarded a $1,343,615.35 contract on February 21, 2013 to Kamminga and Roodvoetsfor the
Mandalay Avenue Stormwater Outfall project (11-0031-EN).
A previously approved change order added $134,352.50 and 59 days to the contract for additional stormwater upgrades at the
north end of East Shore Drive.
The contractor has agreed to add additional milling and paving on Mandalay Avenue and Baymont Street outside the current
limits affected by stormwater improvements at similar pricing to the original contract.
Sufficient funding is available in Capital Improvement Program project 0315-96183, Mandalay Ave Outfall in the
amount of $195,720.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
See summary
Current Year Cost:$195,720.00 Annual Operating Cost:
Not to Exceed:$195,720.00 Total Cost:$195,720.00
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
0315-96183-563700-539-
000-0000
$195,720.00See 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
Item # 18
PROJECT:
Mandalay Avenue Stormwater Outfall
CONTRACTOR: CONTRACT DATE: March 18, 2013
Kamminga & Roodvoets, Inc.
5219 Cone Road
Tampa, FL 33610
0315-96739-563800-533-000-0000(C )
0327-96634-563800-535-000-0000(D)
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
STATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,343,615.35
$134,352.50
$195,720.00
$1,673,687.85 By: ___________________________(SEAL)
Marcus B. Tidby, Vice President
APPROVED AS TO FORM:
Date:_________________________________
Camilo Soto, Assistant City Attorney Witnesses:
Change Order - CC - 1/16/14
Change Order 2 Date: January 16, 2013
PROJECT NUMBER: 11-0031-EN
PO REFERENCE: ST109281
AWARD DATE: February 21, 2013
CODE: 0315-96183-563700-539-000-0000(A)
0327-96742-563800-533-000-0000(B)
This change order approves additional milling and paving on Baymont and Mandalay.
ACCEPTED BY:
Kamminga & Roodvoets, Inc.
Admininstrative Change Order 1 - CM -
NEW CONTRACT AMOUNT
George N. Cretekos, Mayor
Rosemarie Call, City Clerk
Date:____________________________________
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
William B. Horne, II City Manager
ATTEST:
Recommended By: City of Clearwater
Tara L. Kivett Engineering Construction Manager
Michael D. Quillen, PE, City Engineering
Attachment number 1 \nPage 1 of 2
Item # 18
Page 2 of 2
Change Order 2: Mandalay Stormwater Outfall
ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
Stormwater Code A: 0315-96183-563700-539-000-0000
Increases:
4.16 Milling (Up to 2")(Outside Project Area)1LS$20,000.00$20,000.00
4.17 Type S-1 Asphalt (outside project area)1LS$79,720.00$79,720.00
4.18 Pavement Markings (Outside project area)1LS$20,000.00$20,000.00
5.6Contingency 0.287227857LS$107,928.25$31,000.00
Total Increases:$150,720.00
Additions:
4.19 Type S-III Asphalt Overlay (Outside Project
Area)
1LS$45,000.00 $45,000.00
Total Net Increases/Additions:$195,720.00
Attachment number 1 \nPage 2 of 2
Item # 18
EAST SHORE DR
EAST SHORE DR
CA U SE WAY B LV D
SAN MARCO ST
BAYMO NT ST
MANDALAY AVE
BAYMONT ST
PAPAYA ST
POINSETTIA AVE
POINSETTIA AVE
MANDALAY AVE
PAPAYA ST
A e r i a l F l o w nJan. 2 0 11
Mandalay Ave Stormwater Outfall
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwate r.com Not to Scale Jan. 2nd, 2014
Additional Road Way Milling and Paving
Attachment number 2 \nPage 1 of 1
Item # 18
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to February 6, 2014.(LUP2013-10006/REZ2013-10006)
SUMMARY:
Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to February 6, 2014: An ordinance of the City of
Clearwater, Florida, amending the future land use plan element of the comprehensive plan of the city, to change the land use designation
for certain real property located on the west side of US Highway 19 approximately 445 feet north of Nursery Road, consisting of parcel
no. 19/29/16/00000/410/0700 and a portion of parcel 19/29/16/00000/410/0400, whose post office address is 18820, 18830, 18840,
18850 and 18860 US Highway 19 N, Clearwater, Florida, from residential/office general (R/OG), to commercial general (CG) and
residential/office/retail (R/O/R); providing an effective date. (LUP2013-10006/REZ2013-10006)
Review Approval:1) Clerk
Cover Memo
Item # 19
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Continue Public Hearing and First Reading of Land Use Ordinance 8513-14 to February 6, 2014. (LUP2013-10006/REZ2013-10006)
SUMMARY:
Continue Public Hearing and first reading of Land Use Ordinance 8513-14 to February 6, 2014: An ordinance of the city of Clearwater,
Florida, amending the zoning atlas of the city by rezoning certain property located on the west side of US Highway 19 approximately
445 feet north of Nursery Road, consisting of parcel no. 19/29/16/00000/410/0700 and a portion of parcel 19/29/16/00000/410/0400,
whose post office address is 18820, 18830, 18840, 18850 and 18860 US Highway 19 N, Clearwater, Florida; from office (O) to
commercial (C); providing an effective date. (LUP2013-10006/REZ2013-10006)
Review Approval:1) Clerk
Cover Memo
Item # 20
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Continue Public Hearing and First Reading of Land Use Ordinance 8514-14 to February 6, 2014. (LUP2013-08005/REZ2013-08004)
SUMMARY:
Continue Public Hearing and first reading of Land Use Ordinance 8514-14 to February 6, 2014: An ordinance of the City of Clearwater,
Florida, amending the future land use plan element of the comprehensive plan of the City, to change the land use designation for certain
real property 2.13 acres located at the end of Sabal Springs Drive, approximately 0.2 miles west of Countryside Boulevard, consisting of
a portion of section 29, township 28 south, range 16 east, whose post office address is 2650 Sabal Springs Drive; from recreation/open
space (R/OS) to institutional (I); providing an effective date. (LUP2013-08005/REZ2013-08004)
Review Approval:1) Clerk
Cover Memo
Item # 21
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Continue Public Hearing and First Reading of Land Use Ordinance 8515-14 to February 6, 2014. (LUP2013-08005/REZ2013-08004)
SUMMARY:
Continue Public Hearing and first reading of Land Use Ordinance 8515-14 to February 6, 2014: An ordinance of the City of Clearwater,
Florida, amending the zoning atlas of the city by rezoning certain property 2.13 acres located at the end of Sabal Springs Drive,
approximately 0.2 miles west of Countryside Boulevard, consisting of a portion of section 29, township 28 south, range 16 east, whose
post office address is 2650 sabal springs dr.; from open space/recreation (os/r) to institutional (i); providing an effective date.
(LUP2013-08005/REZ2013-08004)
Review Approval:1) Clerk
Cover Memo
Item # 22
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Residential Medium (RM), Preservation
(P), and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR), Medium
Density Residential (MDR), and Preservation (P) districts for 1881 Diane Drive; 1750 Evans Drive; 2719 and 2725 Morningside Drive;
1761 Owen Drive; 1801 Skyland Drive; 2743/2745 South Drive; 2751/2753 South Drive; 1819 Carlton Drive; 2715 and 2718
Woodring Drive; and 1753 Lucas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East), together with certain
abutting rights of way of: Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive; and pass Ordinances 8530-
14, 8531-14 and 8532-14 on first reading.(ATA2013-11002)
SUMMARY:
The City of Clearwater Planning and Development Department identified an area within the Clearwater Planning Area with a large
concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S.
Highway 19, north of State Road 590, south of South Drive, and west of El Trinidad Drive. Subdivisions in this area include Virginia
Grove Terrace, Carlton Terrace, and Pinellas Terrace. The Department identified a total of 189 properties in this area that could be
annexed through a phased approach over several years, and to date 159 properties have been annexed.
This application, which has been identified as Phase F of the overall annexation project, includes 12 of the 189 properties. Current or
previous owners of these properties entered into ATAs between 1973 and 2011 to obtain sanitary sewer service. The Planning and
Development Department is initiating this project to bring the properties into the City’s jurisdiction in compliance with the terms and
conditions set forth in the agreements. The Phase F properties are occupied by 10 detached dwellings and 2 attached dwellings (4 units)
on 2.35 acres of land. It is proposed that approximately 2.46 acres ofright-of-way throughout this area on Woodring Drive, Morningside
Drive, Diane Drive, South Drive, and Evans Drive right-of-way not currently within the city limits also be annexed (please refer to the
attached annexation map for the specific locations). It is proposed that 11 properties be assigned a Future Land Use Map designation of
Residential Low (RL), and one property at 2743/2745 South Drive be assigned a Future Land Use Map designation of Residential
Medium (RM). A major drainage ditch traverses four of these properties (2719 and 2725 Morningside Drive, 1750 Evans Drive, and
1761 Owen Drive) for which the Preservation (P) and Drainage Feature Overlay designations are proposed consistent with the ditch
boundaries. It is proposed that 11 parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District with
the exception of the 2743/2745 South Drive property where it is proposed that the parcel be assigned a zoning designation of Medium
Density Residential (MDR). In addition, it is proposed that the aforementioned properties with the drainage ditch also be assigned the
Preservation (P) zoning category.
The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of
Community Development Code Section 4-604.E as follows:
· The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid
waste will be provided by the City. The properties are located within Police District III and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these
properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste,
police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not
have an adverse effect on public facility levels of service; and
· The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive
Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida
Statutes Chapter 171.
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area
shall be promoted through application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the
Clearwater Planning Area.
· The proposed Residential Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature Overlay Future Land Use
Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL)
designation primarily permits residential uses at a density of 5 units per acre while the Residential Medium (RM) designation
primarily permits residential uses at a density of 15 units per acre. The Preservation (P) and Drainage Feature Overlay categories
Cover Memo
Item # 23
proposed to be applied to four properties recognize the watershed and drainage features on the properties. The proposed zoning districts
to be assigned to the properties are the Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and
Preservation (P) Districts. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density
Residential (LMDR) and Medium Density Residential (MDR) Districts. However, the property located at 2751/2753 South Drive is
an existing duplex, and although the use is allowed through a Flexible Development Approval within the Low Medium Density
Residential (LMDR) District, the property does not meet the minimum lot width requirement and the lot size does not support the
development of two units on the site based on the underlying Residential Low (RL) Future Land Use designation. The provisions of
Community Development Code Article 6 Nonconformity Provisions will apply to this property once annexed into the City.There is
a second attached dwelling (two units) located at 2743/2745, which although it is an allowable use through a Flexible Development
Approval in the proposed Medium Density Residential (MDR) district, the parcel does not meet the minimum lot width requirement
or minimum lot area. The density is supported by the underlying Residential Medium (RM) Future Land Use designation and the
lot size is consistent with the neighborhood character. All other properties meet the minimum dimensional requirements of the Low
Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan,
Clearwater Comprehensive Plan, and Clearwater Community Development Code; and
· The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore,
the annexations are consistent with Florida Statutes Chapter 171.044.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 23
Ordinance No. 8530-14
ORDINANCE NO. 8530-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED GENERALLY EAST OF US 19 AND WEST OF
EL TRINIDAD DRIVE, NORTH OF STATE ROAD 590 AND
SOUTH OF SUNSET POINT ROAD (STATE ROAD 576),
CONSISTING OF PORTIONS OF SECTION 5, TOWNSHIP
29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1819 CARLTON DRIVE, 2743/2745
SOUTH DRIVE, 2751/2753 SOUTH DRIVE, 2718
WOODRING DRIVE, 2715 WOODRING DRIVE, 1801
SKYLAND DRIVE, 1881 DIANE DRIVE, 2719
MORNINGSIDE DRIVE, 2725 MORNINGSIDE DRIVE, 1761
OWEN DRIVE, 1753 LUCAS DRIVE AND 1750 EVANS
DRIVE, ALL IN CLEARWATER, FLORIDA 33759,
TOGETHER WITH CERTAIN ABUTTING RIGHTS OF WAY
OF: MORNINGSIDE DRIVE, WOODRING DRIVE, DIANE
DRIVE, SOUTH DRIVE AND EVANS DRIVE, 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 owners of the real property described herein and depicted on the
map attached hereto as Exhibit B have 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:
See attached legal descriptions, Exhibit A.
(ATA2013-11002)
The map attached as Exhibit B 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,
Attachment number 1 \nPage 1 of 12
Item # 23
Ordinance No. 8530-14
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
________________________________
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 12
Item # 23
Exhibit A
LEGAL DESCRIPTIONS
ATA2013‐11002 (Diane Area ATAs, Phase F)
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0050 Block C, Lot 5 1819 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0090 Block F, Lot 9 2743/2745 South Drive
3. 05-29-16-13554-006-0160 Block F, Lot 16 2718 Woodring Drive
4. 05-29-16-13554-007-0160 Block G, Lot 16 2715 Woodring Drive
5. 05-29-16-13554-009-0090 Block I, Lot 9 1801 Skyland Drive
6. 05-29-16-13554-011-0010 Block K, Lot 1 2751/2753 South Drive
7. 05-29-16-13554-011-0020 Block K, Lot 2 1881 Diane Drive
8. 05-29-16-13554-012-0020 Block L, Lot 2 2719 Morningside Drive
9. 05-29-16-13554-012-0030 Block L, Lot 3 2725 Morningside Drive
together with:
all Right of Way of MORNINGSIDE DRIVE abutting Lot 10, Block I thru Lot 2, Block L;
all Right of Way of WOODRING DRIVE abutting Lot 16, Block F thru Lot 16, Block G;
all Right of Way of DIANE DRIVE abutting Lot 1 thru Lot 2, Block K;
all Right of Way of SOUTH DRIVE abutting Lot 9, Block F thru Lot 1, Block K.
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida;
together with:
all Right of Way of SOUTH DRIVE extending northeasterly from this subdivision to the intersection of Sunset
Point Road (County Road 576).
=========================================================================================
No. Parcel ID Legal Description Address
10. 05-29-16-71424-000-0120 Lot 12 1761 Owen Drive
The above in PINELLAS TERRACE subdivision, as recorded in PLAT BOOK 49 on PAGE 52, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
11. 05-29-16-94374-005-0180 Block 5, Lot 18 1753 Lucas Drive
All the above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
12. 05-29-16-94392-007-0130 Block 7, Lot 13 1750 Evans Drive
together with:
all Right of Way of EVANS DRIVE abutting Lot 13, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Attachment number 1 \nPage 3 of 12
Item # 23
PROPOSED ANNEXATION MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see
Exhibit A From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/Drainage
Feature Overlay (City) LMDR, MDR, P(City) Atlas Page: 264A
US
1
9
SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
DI
A
N
E
D
R
EV
A
N
S
D
R
TERRACE DR
OW
E
N
D
R
CA
R
L
T
O
N
D
R
LU
C
A
S
D
R
GR
O
V
E
D
R
TH
O
M
A
S
D
R
SK
Y
L
A
N
D
D
R
AU
D
R
E
Y
D
R
CA
R
D
I
N
A
L
D
R
MA
R
I
L
Y
N
D
R
DIANE TER
N TERRACE DR
HARBOR CIR
WI
N
W
O
O
D
D
R
OW
E
N
D
R
AU
D
R
E
Y
D
R
CA
R
D
I
N
A
L
D
R
2
7
5
3
2
7
4
5
27
1
5
2
7
5
1
1750
27
1
9
1761
2
7
1
8
27
2
5
2
7
4
3
1753
1819
1801
1881
-N
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Attachment number 1 \nPage 4 of 12
Item # 23
Ordinance No.8531 -14
ORDINANCE NO. 8531-14
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 GENERALLY EAST OF US 19
AND WEST OF EL TRINIDAD DRIVE, NORTH OF STATE
ROAD 590 AND SOUTH OF SUNSET POINT ROAD
(STATE ROAD 576), CONSISTING OF PORTIONS OF
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESSES ARE 1819
CARLTON DRIVE, 2743/2745 SOUTH DRIVE, 2751/2753
SOUTH DRIVE, 2718 WOODRING DRIVE, 2715
WOODRING DRIVE, 1801 SKYLAND DRIVE, 1881 DIANE
DRIVE, 2719 MORNINGSIDE DRIVE, 2725 MORNINGSIDE
DRIVE, 1761 OWEN DRIVE, 1753 LUCAS DRIVE AND
1750 EVANS DRIVE, ALL IN CLEARWATER, FLORIDA
33759, TOGETHER WITH CERTAIN ABUTTING RIGHTS
OF WAY OF: MORNINGSIDE DRIVE, WOODRING DRIVE,
DIANE DRIVE, SOUTH DRIVE AND EVANS DRIVE, AS
RESIDENTIAL LOW (RL), RESIDENTIAL MEDIUM (RM),
PRESERVATION (P), AND DRAINAGE FEATURE
OVERLAY; 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
See attached Legal Descriptions Exhibit A Residential Low
(RL), Residential
Medium (RM),
Preservation (P),
and Drainage
Feature Overlay
(ATA2013-11002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Attachment number 1 \nPage 5 of 12
Item # 23
Ordinance No.8531 -14
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8530-14.
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 6 of 12
Item # 23
Exhibit A
LEGAL DESCRIPTIONS
ATA2013‐11002 (Diane Area ATAs, Phase F)
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0050 Block C, Lot 5 1819 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0090 Block F, Lot 9 2743/2745 South Drive
3. 05-29-16-13554-006-0160 Block F, Lot 16 2718 Woodring Drive
4. 05-29-16-13554-007-0160 Block G, Lot 16 2715 Woodring Drive
5. 05-29-16-13554-009-0090 Block I, Lot 9 1801 Skyland Drive
6. 05-29-16-13554-011-0010 Block K, Lot 1 2751/2753 South Drive
7. 05-29-16-13554-011-0020 Block K, Lot 2 1881 Diane Drive
8. 05-29-16-13554-012-0020 Block L, Lot 2 2719 Morningside Drive
9. 05-29-16-13554-012-0030 Block L, Lot 3 2725 Morningside Drive
together with:
all Right of Way of MORNINGSIDE DRIVE abutting Lot 10, Block I thru Lot 2, Block L;
all Right of Way of WOODRING DRIVE abutting Lot 16, Block F thru Lot 16, Block G;
all Right of Way of DIANE DRIVE abutting Lot 1 thru Lot 2, Block K;
all Right of Way of SOUTH DRIVE abutting Lot 9, Block F thru Lot 1, Block K.
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida;
together with:
all Right of Way of SOUTH DRIVE extending northeasterly from this subdivision to the intersection of Sunset
Point Road (County Road 576).
=========================================================================================
No. Parcel ID Legal Description Address
10. 05-29-16-71424-000-0120 Lot 12 1761 Owen Drive
The above in PINELLAS TERRACE subdivision, as recorded in PLAT BOOK 49 on PAGE 52, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
11. 05-29-16-94374-005-0180 Block 5, Lot 18 1753 Lucas Drive
All the above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
12. 05-29-16-94392-007-0130 Block 7, Lot 13 1750 Evans Drive
together with:
all Right of Way of EVANS DRIVE abutting Lot 13, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Attachment number 1 \nPage 7 of 12
Item # 23
FUTURE LAND USE MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASES F and X: Multiple lots south of South
Drive, east of US 19, north of SR 590, and west of El
Trinidad Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/Drainage Feature LMDR, MDR, P(City)
Overlay (City) Atlas Page: 264A
P/Drainage
Feature Overlay
P/Drainage
Feature Overlay
US
1
9
SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
DI
A
N
E
D
R
TERRACE DR
CA
R
L
T
O
N
D
R
OW
E
N
D
R
GR
O
V
E
D
R
SK
Y
L
A
N
D
D
R
AU
D
R
E
Y
D
R
MA
R
I
L
Y
N
D
R
TH
O
M
A
S
D
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CA
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D
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N
A
L
D
R
EL
T
R
I
N
D
A
D
D
R
E
DIANE TER
SO
U
L
E
R
D
N TERRACE DR
HARBOR CIR
WI
N
W
O
O
D
D
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OW
E
N
D
R
AU
D
R
E
Y
D
R
CA
R
D
I
N
A
L
D
R
RL
I
P
I
I
I
RM
RL
R/O/R
CL
RL
RLRLRL RL
RL
RL
RL
RL
RL
RL
RL
RL RL
CG
RL
RU
R/O/R
RL
CG
I
R/OG
CL
IL
R/O/R
CL
RL
RM
CG
P
R/O/R
P
R/OL
P
RU
RM
R/O/R
R/O/R
R/O/R
R/OL
CL
CG
R/OG
RLM
CG R/OG
CL
RU
P
RL
P
CL
2
7
5
3
2
7
4
5
27
1
5
2
7
5
1
1750
27
1
9
1761
2
7
1
8
27
2
5
2
7
4
3
1753
1819
1801
1881
-N
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c
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y
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* - Note:
Parcels at Addresses:
- 1761 Owen Dr.,
- 1750 Evans Dr.,
- 2719 Morningside Dr. &
- 2725 Morningside Dr.
will have Zoning:
- LMDR (Low Medium Density Residential)
and also Zoning:
- P (Preservation) and Drainage Feature
Overlay classifications at the rear of the
properties to match Land Use Designations
RL
RL
RL
RL
RL
RL
RL
RL
RM
RL
P P
RL
RL RL
Will have Future Land Use:
-RL (Residential Low)
And also Future Land Use:
-P (Preservation) and Drainage Feature
Overlay classifications at the rear of the
properties
Attachment number 1 \nPage 8 of 12
Item # 23
Ordinance No. 8532-14
ORDINANCE NO. 8532-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
GENERALLY EAST OF US 19 AND WEST OF EL
TRINIDAD DRIVE, NORTH OF STATE ROAD 590 AND
SOUTH OF SUNSET POINT ROAD (STATE ROAD 576),
CONSISTING OF PORTIONS OF SECTION 5, TOWNSHIP
29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1819 CARLTON DRIVE, 2743/2745
SOUTH DRIVE, 2751/2753 SOUTH DRIVE, 2718
WOODRING DRIVE, 2715 WOODRING DRIVE, 1801
SKYLAND DRIVE, 1881 DIANE DRIVE, 2719
MORNINGSIDE DRIVE, 2725 MORNINGSIDE DRIVE, 1761
OWEN DRIVE, 1753 LUCAS DRIVE AND 1750 EVANS
DRIVE, ALL IN CLEARWATER, FLORIDA 33759,
TOGETHER WITH CERTAIN ABUTTING RIGHTS OF WAY
OF: MORNINGSIDE DRIVE, WOODRING DRIVE, DIANE
DRIVE, SOUTH DRIVE AND EVANS DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR), MEDIUM
DENSITY RESIDENTIAL (MDR), AND PRESERVATION (P);
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
See attached legal descriptions Exhibit A Low Medium
Density Residential
(LMDR) and Medium
Density Residential
(MDR), and
Preservation (P)
(ATA2013-11002)
The map attached as Exhibit B 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.
Attachment number 1 \nPage 9 of 12
Item # 23
Ordinance No. 8532-14
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8530-14.
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 10 of 12
Item # 23
Exhibit A
LEGAL DESCRIPTIONS
ATA2013‐11002 (Diane Area ATAs, Phase F)
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0050 Block C, Lot 5 1819 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0090 Block F, Lot 9 2743/2745 South Drive
3. 05-29-16-13554-006-0160 Block F, Lot 16 2718 Woodring Drive
4. 05-29-16-13554-007-0160 Block G, Lot 16 2715 Woodring Drive
5. 05-29-16-13554-009-0090 Block I, Lot 9 1801 Skyland Drive
6. 05-29-16-13554-011-0010 Block K, Lot 1 2751/2753 South Drive
7. 05-29-16-13554-011-0020 Block K, Lot 2 1881 Diane Drive
8. 05-29-16-13554-012-0020 Block L, Lot 2 2719 Morningside Drive
9. 05-29-16-13554-012-0030 Block L, Lot 3 2725 Morningside Drive
together with:
all Right of Way of MORNINGSIDE DRIVE abutting Lot 10, Block I thru Lot 2, Block L;
all Right of Way of WOODRING DRIVE abutting Lot 16, Block F thru Lot 16, Block G;
all Right of Way of DIANE DRIVE abutting Lot 1 thru Lot 2, Block K;
all Right of Way of SOUTH DRIVE abutting Lot 9, Block F thru Lot 1, Block K.
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida;
together with:
all Right of Way of SOUTH DRIVE extending northeasterly from this subdivision to the intersection of Sunset
Point Road (County Road 576).
=========================================================================================
No. Parcel ID Legal Description Address
10. 05-29-16-71424-000-0120 Lot 12 1761 Owen Drive
The above in PINELLAS TERRACE subdivision, as recorded in PLAT BOOK 49 on PAGE 52, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
11. 05-29-16-94374-005-0180 Block 5, Lot 18 1753 Lucas Drive
All the above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
12. 05-29-16-94392-007-0130 Block 7, Lot 13 1750 Evans Drive
together with:
all Right of Way of EVANS DRIVE abutting Lot 13, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Attachment number 1 \nPage 11 of 12
Item # 23
ZONING MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see
Exhibit A From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/Drainage Feature LMDR, MDR, P(City)
Overlay (City) Atlas Page: 264A
LMDR
C
LMDR
C
O I
LMDR
MDR
LMDR
LMDR
LMDR
LMDR
LMDR
LMDR
P
P
P
LMDRMDR
LMDR
LMDR
LMDR & P*LMDR
LMDR
LMDR & P*
US
19
SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
DIANE DR
EVANS DR
TERRACE DR
OWE
N DR
LUCAS DR GROVE DR
THOMAS DR
SKYLAND DR
AUDREY DR
CARDINAL DR
MARILYN DR
DIA NE TER
HARBOR CIR
OWEN DR
2
7
5
3
2
7
4
5
27
1
5
2
7
5
1
1750
27
1
9
1761
2
7
1
8
27
2
5
2
7
4
3
1753
1819
1801
1 8 8 1
-N
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S
c
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-N
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u
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v
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y
-
* - Note:
Parcels at Addresses:
- 1761 Owen Dr.,
- 1750 Evans Dr.,
- 2719 Morningside Dr. &
- 2725 Morningside Dr.
will have Zoning:
- LMDR (Low Medium Density Residential)
and also Zoning:
- P (Preservation) and Drainage Feature
Overlay classifications at the rear of the
properties to match Land Use Designations
Attachment number 1 \nPage 12 of 12
Item # 23
LOCATION MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/Drainage
Feature Overlay (City) LMDR, MDR, P(City) Atlas Page: 264A
Attachment number 2 \nPage 1 of 9
Item # 23
AERIAL MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/ Drainage
Feature Overlay (City) LMDR, MDR, P(City) Atlas Page: 264A
US 19
US 19
SOUTH DR SOUTH DR
SUNSET POINT RD SUNSET POINT RD
MORNINGSIDE D R MORNINGSIDE D R
WOODRING DR WOODRING DR
DIANE DR
DIANE DR
EVANS DR
EVANS DR
TERRA CE DR TERRA CE DR
CARLTON DR
CARLTON DR
OWEN DR
OWEN DR
LUCAS DR
LUCAS DR
GROVE DR
GROVE DR
SKYLAND DR
SKYLAND DR
AUDREY DR
AUDREY DR
THOMAS DR
THOMAS DR
MARILYN DR
MARILYN DR
CARDINAL DR
CARDINAL DR
EL TRIN
DAD DR E
EL TRINDAD DR E
DIANE TER DIANE TER
N TERRACE DR N TERRACE DR
SOULE RD
SOULE RD
HARBOR CIR HARBOR CIR
WINWOOD DR
WINWOOD DR
OWEN DR
OWEN DR
AUDREY DR
AUDREY DR
CARDINAL DR
CARDINAL DR
-N
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Attachment number 2 \nPage 2 of 9
Item # 23
PROPOSED ANNEXATION MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see
Exhibit A From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/Drainage
Feature Overlay (City) LMDR, MDR, P(City) Atlas Page: 264A
US
1
9
SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
DI
A
N
E
D
R
EV
A
N
S
D
R
TERRACE DR
OW
E
N
D
R
CA
R
L
T
O
N
D
R
LU
C
A
S
D
R
GR
O
V
E
D
R
TH
O
M
A
S
D
R
SK
Y
L
A
N
D
D
R
AU
D
R
E
Y
D
R
CA
R
D
I
N
A
L
D
R
MA
R
I
L
Y
N
D
R
DIANE TER
N TERRACE DR
HARBOR CIR
WI
N
W
O
O
D
D
R
OW
E
N
D
R
AU
D
R
E
Y
D
R
CA
R
D
I
N
A
L
D
R
2
7
5
3
2
7
4
5
27
1
5
2
7
5
1
1750
27
1
9
1761
2
7
1
8
27
2
5
2
7
4
3
1753
1819
1801
1881
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Attachment number 2 \nPage 3 of 9
Item # 23
FUTURE LAND USE MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASES F and X: Multiple lots south of South
Drive, east of US 19, north of SR 590, and west of El
Trinidad Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/Drainage Feature LMDR, MDR, P(City)
Overlay (City) Atlas Page: 264A
P/Drainage
Feature Overlay
P/Drainage
Feature Overlay
US
1
9
SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
DI
A
N
E
D
R
TERRACE DR
CA
R
L
T
O
N
D
R
OW
E
N
D
R
GR
O
V
E
D
R
SK
Y
L
A
N
D
D
R
AU
D
R
E
Y
D
R
MA
R
I
L
Y
N
D
R
TH
O
M
A
S
D
R
CA
R
D
I
N
A
L
D
R
EL
T
R
I
N
D
A
D
D
R
E
DIANE TER
SO
U
L
E
R
D
N TERRACE DR
HARBOR CIR
WI
N
W
O
O
D
D
R
OW
E
N
D
R
AU
D
R
E
Y
D
R
CA
R
D
I
N
A
L
D
R
RL
I
P
I
I
I
RM
RL
R/O/R
CL
RL
RLRLRL RL
RL
RL
RL
RL
RL
RL
RL
RL RL
CG
RL
RU
R/O/R
RL
CG
I
R/OG
CL
IL
R/O/R
CL
RL
RM
CG
P
R/O/R
P
R/OL
P
RU
RM
R/O/R
R/O/R
R/O/R
R/OL
CL
CG
R/OG
RLM
CG R/OG
CL
RU
P
RL
P
CL
2
7
5
3
2
7
4
5
27
1
5
2
7
5
1
1750
27
1
9
1761
2
7
1
8
27
2
5
2
7
4
3
1753
1819
1801
1881
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
* - Note:
Parcels at Addresses:
- 1761 Owen Dr.,
- 1750 Evans Dr.,
- 2719 Morningside Dr. &
- 2725 Morningside Dr.
will have Zoning:
- LMDR (Low Medium Density Residential)
and also Zoning:
- P (Preservation) and Drainage Feature
Overlay classifications at the rear of the
properties to match Land Use Designations
RL
RL
RL
RL
RL
RL
RL
RL
RM
RL
P P
RL
RL RL
Will have Future Land Use:
-RL (Residential Low)
And also Future Land Use:
-P (Preservation) and Drainage Feature
Overlay classifications at the rear of the
properties
Attachment number 2 \nPage 4 of 9
Item # 23
ZONING MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see
Exhibit A From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/Drainage Feature LMDR, MDR, P(City)
Overlay (City) Atlas Page: 264A
LMDR
C
LMDR
C
O I
LMDR
MDR
LMDR
LMDR
LMDR
LMDR
LMDR
LMDR
P
P
P
LMDRMDR
LMDR
LMDR
LMDR & P*LMDR
LMDR
LMDR & P*
US
19
SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
DIANE DR
EVANS DR
TERRACE DR
OWE
N DR
LUCAS DR GROVE DR
THOMAS DR
SKYLAND DR
AUDREY DR
CARDINAL DR
MARILYN DR
DIANE TER
HARBOR CIR
OWEN DR
2
7
5
3
2
7
4
5
27
1
5
2
7
5
1
1750
27
1
9
1761
2
7
1
8
27
2
5
2
7
4
3
1753
1819
1801
1 8 8 1
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
* - Note:
Parcels at Addresses:
- 1761 Owen Dr.,
- 1750 Evans Dr.,
- 2719 Morningside Dr. &
- 2725 Morningside Dr.
will have Zoning:
- LMDR (Low Medium Density Residential)
and also Zoning:
- P (Preservation) and Drainage Feature
Overlay classifications at the rear of the
properties to match Land Use Designations
Attachment number 2 \nPage 5 of 9
Item # 23
EXISTING SURROUNDING USE MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P/Drainage
Feature Overlay (City) LMDR, MDR, P(City) Atlas Page: 264A
Single Family
Residential
Single/Multi Family
Residential
Single Family
Residential
Single Family
Residential
Church
Single Family
Residential
Commercial
Commercial
Attachment number 2 \nPage 6 of 9
Item # 23
2743 & 2745 South Dr.2751 & 2753 South Dr.
1881 Diane Dr.2718 WoodringDr.
2715 WoodringDr.1819 Carlton Dr.
ATA2013-11002
“Diane” Area –Phase F (12 lots)
Generally located south of South Drive, east of US 19, north of State Road 590, and west of El Trinidad Drive
Page 1 of 3
Attachment number 2 \nPage 7 of 9
Item # 23
2719 Morningside Dr.2725 Morningside Dr.
1801 SkylandDr.1753 Lucas Dr.
1750 Evans Dr.1761 Owen Dr.ATA2013-11002
“Diane” Area –Phase F (12 lots)
Generally located south of South Drive, east of US 19, north of State Road 590, and west of El Trinidad Drive
Page 2 of 3
Attachment number 2 \nPage 8 of 9
Item # 23
Looking easterly along South Drive Looking southerly along Diane Drive
Looking westerly along WoodringDrive Looking easterly along Morningside Drive
Looking southerly along Evans Drive
ATA2013-11002
“Diane” Area –Phase F (12 lots)
Generally located south of South Drive, east of US 19, north of State Road 590, and west of El Trinidad Drive
Page 3 of 3
Attachment number 2 \nPage 9 of 9
Item # 23
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of
Low Medium Density Residential (LMDR) District for 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision)
together with all of the abutting right of way of Macomber Avenue; and pass Ordinances 8527-14, 8528-14 and 8529-14 on first
reading. (ANX2013-11033)
SUMMARY:
This voluntary annexation petition involves a 0.136-acre property consisting of one parcel of land occupied by a
single-family dwelling. It is located on the southwest corner of Macomber Avenue and State Street. The applicant is
requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is
available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The Planning and Development
Department is requesting that the abutting right of way of Macomber Avenue also be annexed. The property is
contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Map
designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater
Community Development Code Section 4-604.E as follows:
The property currently receives water service from the City. Collection of solid waste will be provided to the property by the
City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid
in order to connect and the financial incentives available. The property is located within Police District II and service will be
administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided
to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban
service area shall be promoted through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located
within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation
of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning
district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property
is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The
proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the north; therefore, the
annexation is consistent with Florida Statutes Chapter 171.044.
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. 8527-14
ORDINANCE NO. 8527-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF
MACOMBER AVENUE AND STATE STREET CONSISTING
OF LOT 47, SOUTH BINGHAMPTON PARK SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1944 MACOMBER
AVENUE, CLEARWATER, FLORIDA 33755, TOGETHER
WITH ALL ABUTTING RIGHT OF WAY OF MACOMBER
AVENUE, 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 47, South Binghampton Park, according to the map or plat thereof as recorded
in Plat Book 12, page 81 of the Public Records of Pinellas County, Florida; Together with
all abutting Right of Way of Macomber Avenue.
(ANX2013-11033)
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
Attachment number 1 \nPage 1 of 9
Item # 24
Ordinance No. 8527-14
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 2 of 9
Item # 24
Proposed Annexation
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
60
60
60
60
38
60 60
60
60
45
45
60
30
3
0
28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1 2 3 4
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
BE
T
T
Y
L
N
STATE ST
CH
E
N
A
N
G
O
A
V
E
MA
C
O
M
B
E
R
A
V
E
BERTLAND WAY
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
12
7
8
12
7
4
1938
1936
1930
1916 1914
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1927
1925
1923
1909
1913
1915
1917
1916
1918
1924
1926
1932
1938
1936
1940
1920
1928
1918
1920
1940
12
8
5
1947
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
12
3
9
1261
1981
1987
12
7
3
12
9
5
12
9
5
1903
1935
1921
1917
1915
1919
1927
1931
1933
1937
12
8
7
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
12
8
3
1245
1249
1251
1257
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Attachment number 1 \nPage 3 of 9
Item # 24
Ordinance No.8528 -14
ORDINANCE NO. 8528-14
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 SOUTHWEST CORNER
OF MACOMBER AVENUE AND STATE STREET
CONSISTING OF LOT 47, SOUTH BINGHAMPTON PARK
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1944
MACOMBER AVENUE, CLEARWATER, FLORIDA 33755,
TOGETHER WITH ALL ABUTTING RIGHT OF WAY OF
MACOMBER AVENUE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU);
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 47, South Binghampton Park, according
to the map or plat thereof, as recorded in
Plat Book 12, page 81, of the Public
Records
of Pinellas County, Florida; together with all
abutting Right of Way of Macomber Avenue.
Residential Urban
(ANX2013-11033)
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. 8527-14.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
Attachment number 1 \nPage 4 of 9
Item # 24
Ordinance No.8528 -14
__________________________
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 9
Item # 24
Exhibit A
Future Land Use
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
60
60
60
60
38
60 60
60
60
45
45
60
30
3
0
28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1 2 3 4
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
RU
RU
RU
RU
RU
RU
R/OS
RU
RU
P
BE
T
T
Y
L
N
STATE ST
CH
E
N
A
N
G
O
A
V
E
MA
C
O
M
B
E
R
A
V
E
BERTLAND WAY
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
12
7
8
12
7
4
1938
1936
1930
1916
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1925
1923
1909
1913
1915
1917
1916
1918
1924
1926
1932
1938
1936
1940
1920
1918
1940
12
8
5
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
12
3
9
1261
12
7
3
1914
12
9
5
12
9
5
1927
1903
1935
1921
1917
1928
1915
1919
1927
1931
1933
1937
12
8
7
1920
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
1947
12
8
3
1245
1249
1251
1257 1981
1987
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RU
Attachment number 1 \nPage 6 of 9
Item # 24
Ordinance No. 8529-14
ORDINANCE NO. 8529-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF MACOMBER AVENUE
AND STATE STREET CONSISTING OF LOT 47, SOUTH
BINGHAMPTON PARK SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1944 MACOMBER AVENUE,
CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL
ABUTTING RIGHT OF WAY OF MACOMBER AVENUE,
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 47, South Binghampton Park, according Low Medium
to the map or plat thereof, as recorded in Density
Plat Book 12, page 81, of the Public Records Residential (LMDR)
of Pinellas County, Florida; together with all
abutting Right of Way of Macomber Avenue.
(ANX2013-11033)
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. 8527-14.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
Attachment number 1 \nPage 7 of 9
Item # 24
Ordinance No. 8529-14
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 8 of 9
Item # 24
Exhibit A
Zoning Map
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
60
60
60
60
38
60 60
60
60
45
45
60
30
3
0
28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1 2 3 4
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
BE
T
T
Y
L
N
STATE ST
CH
E
N
A
N
G
O
A
V
E
MA
C
O
M
B
E
R
A
V
E
BERTLAND WAY
LMDR
OS/R
LMDR
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
1938
1936
1930
1916 1914
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1927
1925
1923
1909
1913
1915
1917
1916
1918
1924
1926
1932
1938
1936
1940
1920
1928
1918
1920
1940
12
8
5
1947
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
12
3
9
1261
1981
1987
LMDR
MDR
MDR
12
7
8
12
7
4
12
7
3
12
9
5
12
9
5
1903
1935
1921
1917
1915
1919
1927
1931
1933
1937
12
8
7
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
12
8
3
1245
1249
1251
1257
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LMDR
Attachment number 1 \nPage 9 of 9
Item # 24
Location Map
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
^
PROJECT
SITE
PALM ST
BERMUDA ST
T
IDLEWILD DR
ALOHA LN
SE D EE VA CI R S
SHERIDAN RD
SEDEEVA CIR N
MACOM
BER AVE
BY
ARBELIA ST
WOODLAWN TER DO
U
G
L
A
S
A
V
E
STATE ST
SUNSET POINT RD
THE M
A
LL
EV
E
RG
RE
EN AV
E
IDLEWILD DR
UNION ST UNION ST
KINGS HWY
LANTANA AVE
A ST
BETTY LN
ALPIN
CHENANGO
AVE
BETTY LN
KINGS
HWY
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Attachment number 2 \nPage 1 of 7
Item # 24
Aerial Map
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
BETTY LN
BETTY LN
STATE ST STATE ST
CHENANGO AVE
CHENANGO AVE
MACOMBER AVE
MACOMBER AVE
BERTLAND WAY BERTLAND WAY
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Attachment number 2 \nPage 2 of 7
Item # 24
Proposed Annexation
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
6
6060
60
38
60 60
60
60
45
45
60
30
3
0
28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1234
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
BETTY
LN
STATE ST
CHENANGO AVE
MACOMBER AVE
BERTLAND WAY
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
12
7
8
12
7
4
1938
1936
1930
1916 1914
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1927
1925
1923
1909
1913
1915
191 7
1916
1918
1924
1926
1932
1938
1936
1940
1920
1928
1918
1920
1940
12
8
5
1947
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
1239
1261
1981
1987
12
7
3
12
9
5
12
9
5
1903
1935
1921
1917
1915
1919
1927
1931
1933
1937
12
8
7
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
12
8
3
1245
1249
1251
1257
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Attachment number 2 \nPage 3 of 7
Item # 24
Future Land Use
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
6
6060
60
38
60 60
60
60
45
45
60
30
3
0
28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1234
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
RU
RU
RU
RU
RU
RU
R/OS
RU
RU
P
BETTY
LN
STATE ST
CHENANGO AVE
MACOMBER AVE
BERTLAND WAY
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
12
7
8
12
7
4
1938
1936
1930
1916
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1925
1923
1909
1913
1915
191 7
1916
1918
1924
1926
1932
1938
1936
1940
1920
1918
1940
12
8
5
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
1239
1261
12
7
3
1914
12
9
5
12
9
5
1927
1903
1935
1921
1917
1928
1915
1919
1927
1931
1933
1937
12
8
7
1920
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
1947
12
8
3
1245
1249
1251
1257 1981
1987
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RU
Attachment number 2 \nPage 4 of 7
Item # 24
Zoning Map
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
6
6060
60
38
60 60
60
60
45
45
60
30
3
0
28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1234
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
BETTY
LN
STATE ST
CHENANGO AVE
MACOMBER AVE
BERTLAND WAY
LMDR
OS/R
LMDR
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
1938
1936
1930
1916 1914
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1927
1925
1923
1909
1913
1915
191 7
1916
1918
1924
1926
1932
1938
1936
1940
1920
1928
1918
1920
1940
12
8
5
1947
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
1239
1261
1981
1987
LMDR
MDR
MDR
12
7
8
12
7
4
12
7
3
12
9
5
12
9
5
1903
1935
1921
1917
1915
1919
1927
1931
1933
1937
12
8
7
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
12
8
3
1245
1249
1251
1257
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LMDR
Attachment number 2 \nPage 5 of 7
Item # 24
Existing Surrounding Uses Map
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
6
6060
60
38
60 60
60
60
45
45
60
30
3
0
28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1234
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
BETTY
LN
STATE ST
CHENANGO AVE
MACOMBER AVE
BERTLAND WAY
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
12
7
8
12
7
4
1938
1936
1930
1916 1914
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1927
1925
1923
1909
1913
1915
191 7
1916
1918
1924
1926
1932
1938
1936
1940
1920
1928
1918
1920
1940
12
8
5
1947
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
1239
1261
1981
1987
12
7
3
12
9
5
12
9
5
1903
1935
1921
1917
1915
1919
1927
1931
1933
1937
12
8
7
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
12
8
3
1245
1249
1251
1257
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Community
Park
Attachment number 2 \nPage 6 of 7
Item # 24
ANX2013-11033
Mitchell, Gail
1944 Macomber Ave.
View looking west at the subject property 1944 Macomber Ave.
South of the subject property
Across the street, to the east of the subject property
North of the subject property
View looking southerly along Macomber Ave.View looking northerly along Macomber Ave.
Attachment number 2 \nPage 7 of 7
Item # 24
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Approve the Second Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for
the lease of City-owned property, known as the Harborview Building, located at 320 Cleveland Street; and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The City and Clearwater Marine Aquarium, Inc. (CMA) entered into two Business Lease Contracts for CMA’s use of
the Harborview Building on September 12, 2011 and on July 3, 2012 for the use of the middle and ground floors
respectively. Both lease contracts were intended to satisfy CMA’s need for additional space due to increased patronage
resulting from the successful motion picture, “Dolphin Tale.” Both leases are scheduled to expire on March 11, 2014
with no further extension options.
On November 5, 2013, the City of Clearwater residents voted to approve a referendum to amend the City Charter
allowing the City to negotiate terms of a lease for CMA to construct and operate a new aquarium on City Hall
property. With a lengthy planning process prior to the construction of a new aquarium, CMA has requested an
extension of both leases. The Second Amendment to Business Lease Contract (Amendment) applies to both leases and
will extend the lease term. The Amendment will also expressly relieve the City of any and all responsibility for repairs
to the building. Notable terms and conditions of the leases as amended are listed below:
Term: According to the proposed Amendment, the term shall expire 6 months from the grand opening of the new
Clearwater Aquarium to be built by the CMA on the current City Hall property. The Memorandum of Understanding
between the City and CMA dated September 12, 2013 (MOU) contemplates that the lease shall expire 60 days from the
grand opening of the new aquarium. Additional lease-extension provisions summarized below are consistent with the
MOU. In the event that the City and CMA fail to enter into a lease for the City Hall property by June 1, 2015, then the
Lease shall expire on January 1, 2016. Further, in the event the CMA fails to have all funds necessary for the
construction of the new aquarium by August 1, 2016, then the Lease shall expire on January 1, 2017.
Building Repairs: The City and CMA understand that major systems of the building are in an advanced state of age and
may require repair or replacement during the lease term. The City shall have no obligation for any repairs or
replacement. The CMA is responsible for any repairs and replacements or, at its discretion, may terminate the lease.
Rent: Rent payments will continue pursuant to the existing leases. Rent payments for the middle floor area were
structured such that the CMA would reimburse the City for capital improvements made by the City at the
commencement of the original lease. The City has recaptured 100% of these expenses and CMA is now responsible for
parking and common area expenses incurred by the City ($3,750/month). CMA pays the City approximately
$4.00/square foot for rent of the ground floor area ($21,256/year).
The City may terminate this lease with cause or if City Council determines that the property is needed for other
municipal services. The CMA may terminate this lease at its discretion.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 25
[GM11-1801-058/140042/1]
SECOND AMENDMENT TO BUSINESS LEASE CONTRACT
THIS SECOND AMENDMENT TO BUSINESS LEASE CONTRACT made and
entered into this ______ day of ____________________, 2014, by and between CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation, having its principal place of
business at 112 South Osceola Avenue, Clearwater, FL, 33756, as Lessor, and CLEARWATER
MARINE AQUARIUM, INC., a Florida non-profit corporation, having its principal place of
business at 249 Windward Passage, Clearwater, FL, 33767, as Lessee, (each individually
referred to herein as “Party” or collectively as the “Parties”).
W I T N E S S E T H:
WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated
September 12, 2011 which is attached hereto as Exhibit “A”; and,
WHEREAS, Lessor and Lessee agreed to amend that certain Business Lease Contract
dated September 12, 2011 in that certain First Amendment to Business Lease Contract dated July
3, 2012 which is attached hereto as Exhibit “B”; and,
WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated
July 3, 2012 which is attached hereto as Exhibit “C”; and,
WHEREAS, Lessee now occupies space in the Harborview Center under the terms and
conditions set forth in Exhibits “A,” “B,” and “C” which are collectively referred to herein as the
“Lease”; and,
WHEREAS, Lessor and Lessee entered into that certain Memorandum of Understanding
dated August 12, 2013 for Lessee to lease the current City Hall property located at 112 South
Osceola Avenue, Clearwater, Florida 33756 which is attached hereto as Exhibit “D.”
WHEREAS, Lessor and Lessee agree to amend the Lease under the terms and conditions
contained herein.
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and
agreements herein contained, agree and covenant with each other as follows:
Lessor and Lessee agree and acknowledge that the major systems of the Leased Premises,
including but not limited to the HVAC (heating, ventilation, air conditioning/cooling), plumbing,
electrical, and roof, systems, are in an advanced state of age and may require repair or
replacement during the term of the Lease. Lessor shall have no obligation for any repairs or
replacements in, about, or on the Leased Premises during the term of the Lease. Lessee shall be
responsible for any repairs and replacements in, about, or on the Leased Premises during the
term of the Lease. However, Lessee, in its sole discretion, may terminate this Lease in the event
Lessee decides not to make any repair or replacement required in, about, or on the Leased
Premises and shall have no further obligation to make such repairs or replacements.
Attachment number 1 \nPage 1 of 2
Item # 25
[GM11-1801-058/140042/1]
Paragraph 1 of that certain Business Lease dated September 12, 2011 and Paragraph 2 of
that certain Business Lease dated July 3, 2012 are hereby deleted in their entirety and replaced
with the following:
The term of this Lease shall expire six (6) months from the grand opening of the new
Clearwater Aquarium to be built by the Lessee on the current City Hall property. However, in
the event that Lessor and Lessee fail to enter into a lease for the City Hall property by June 1,
2015, as outlined in paragraph five (5) of Exhibit “D,” then this Lease shall expire on January 1,
2016. Further, in the event the Lessee fails to have all funds necessary for the construction of the
new aquarium on the City Hall property by August 1, 2016, as outlined in paragraph three (3) of
Exhibit “D,” then this Lease shall expire on January 1, 2017.
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
AS TO “LESSOR”
THE CITY OF CLEARWATER, FLORIDA
Countersigned
________________________________ By: ________________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
________________________________ ____________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
AS TO “LESSEE”
CLEARWATER MARINE AQUARIUM, INC.
By: ________________________________
David P. Yates, CEO
Attachment number 1 \nPage 2 of 2
Item # 25
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Reappoint Judith McSwine to the Library Board with term to expire January 31, 2018. (consent)
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. Judith McSwine – 602 Lime Ave., #102, 33756 – Retired
Original Appointment: 1/14/10
(0 absences in the last year)
Interested in Reappointment: Yes (1st term to expire 1/31/14)
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 # 26
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name: kic, Me/St/001U
Home Address: Office Address:
Ljvvit 16A-(g, 10,9,
GI Q , Ct , V ` c1 ) atf tr Zip 3 J 7 Zip
Telephone: J Telephone:
II
Cell Phone: . I 1(1- (a- g l (o 1f E -mail Address: EC Ems,%
How long a resident of Clearwater? Gle r5
Occupation: atI V°e
Field of Education: Other Work Experience:
ftmQ1vftvy 6d (Judi yin
C'3 2013
Employer: U=71 /77P7, 0,ri .
n
If retired, former occupation: 50 ( al W ker
Community Activities: tWFOr {P ( 1 Q j S no 1 j) U (J aovi OrcA Q51-ra 6a; I d )
L 1 W Lt) two \J0+€ ) (/h wrr1i U p 1 wt ttQr
Other Interests: 6 k I Sett ei /1 oympj +at Uri I) r l yJ
Board Service (current and past): Board Preference:
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C_( kra vti t\ ctvI'sea1 16oa,ra
tA
d}ditional Comments: L ho;t -e, I(i ;0 F,.,P,( ,Q,vW }'v In -hit 1,,/ /Toro ice'
I
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1 7
Signature:
n ,1 K(JJL4AiY Date: I d,
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.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
Attachment number 1 \nPage 1 of 2
Item # 26
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
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2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
qe6*
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
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4. Why do you want to serve on this Board?
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stn yt,O) e d y, bon o t h ug1 1
Name:O
Board Name:014140QTR U by , A-6{ (,I so al
Attachment number 1 \nPage 2 of 2
Item # 26
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Appoint Jerri Menaul to the Public Art and Design Board (Artist category) to fill the remainder of the unexpired term until April 30,
2014. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Public Art and Design Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly,
Clearwater Arts Foundation, and the Pinellas County Arts Council representatives
MEMBERS: 7
Liaison: Parks & Recreation
CHAIRPERSON: Alex Plisko, Jr.
MEETING DATE: Quarterly - March, June, Sep., Dec.
TIME/PLACE: Long Center
APPOINTMENTS NEEDED: 1
THE FOLLOWING BOARD MEMBER RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Sultana Sophie Volaitis – 2650 Pearce Dr., #209, 33764 - Artist
Original Appointment: 4/15/10
(Resigned due to moving out of Clearwater) – (was serving 1st term to expire 4/30/14)
(Artist)
THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Ms. Jerri Menaul – 2820 Chelsea Pl. N., 33759 – Art Business Owner
(Artist)
Zip codes of current members:
1 – 33713
1 – 33755
1 – 33761
1 – 33764
1 – 33765
1 – 34683
Current Categories:
1 Architect; 1 Pinellas County Arts Council; 1 Clearwater Arts Alliance, Inc.; 3 Citizens
Review Approval:1) Clerk Cover Memo
Item # 27
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
Home Address:
2e) Gvk.e sect p( IJ
c oot f vv c.,-L-e„, zip 3 ,s1 13ct
Telephone:
Cell Phone: 1-)
How long a resident of Clearwater? Sl'nc e.
Occupation: O v\-' (D- f'( (ke55
Field of Education:
Office Address:
k-t5D P pct -eS
C(e.o,ry -& - Zip 33105
Telephone: l-1 `l )-(e,
E -mail Address: jtVW rant
2 -'j
Employer: nU CLA S Z 66 1 16F--
Other Work Experience:
If retired, former occupation:
k — . (
76,_ S1nc
Community Activities: C"°"'-`J `1).)t•3
Other Interests:
Board Service (current and past):
Additional Comments:
Board Preference:
u-oL,C_C De.5 c- v‘
Date: " C(2- v -ui'Dt-v--- 1( "2L \3
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.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
2 0 1013
LESS' ;. ;
OPCFIVE
Attachment number 1 \nPage 1 of 2
Item # 27
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
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4. Why do you want to serve on this Board?
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Name: 'r \O/`Q- ;\Gci... -Q
Board Name: Pu,u c q--
Attachment number 1 \nPage 2 of 2
Item # 27
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8497-14 on second reading, amending Beach By Design, Section II, Future Land Use, Subsection F. Small Motel
District by establishing minimum side setbacks; amending Section V. Catalytic Projects, Subsection B.2 Hotel Density Reserve, to
expand the criteria hotels must meet in order to be eligible for an allocation of hotel rooms from the reserve; amending Section VII.
Design Guidelines, regarding rear and side setbacks.
SUMMARY:
Review Approval:
Cover Memo
Item # 28
1
Ordinance No. 8497-14
ORDINANCE NO. 8497-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO BEACH BY DESIGN: A
PRELIMINARY DESIGN FOR CLEARWATER BEACH AND
DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE
LAND USE, SUBSECTION F. SMALL MOTEL DISTRICT, BY
ESTABLISHING MINIMUM SIDE SETBACKS FOR PROPERTY
LOCATED IN THE DISTRICT; BY AMENDING SECTION V.
CATALYTIC PROJECTS, SUBSECTION B.2 HOTEL DENSITY
RESERVE, TO EXPAND THE CRITERIA HOTELS MUST MEET
IN ORDER TO BE ELIGIBLE FOR AN ALLOCATION OF HOTEL
ROOMS FROM THE RESERVE; BY AMENDING SECTION VII.
DESIGN GUIDELINES, SUBSECTION D. SETBACKS AND
STEPBACKS, CLARIFYING THAT SIDE AND REAR SETBACKS
ARE GOVERNED BY THE COMMUNITY DEVELOPMENT CODE
OR APPLICABLE CHARACTER DISTRICT PROVISIONS AND
EXPANDING THE PROVISION FOR CERTAIN SETBACK AND
STEPBACK REQUIREMENTS FOR HOTELS USING THE
HOTEL DENSITY RESERVE ALONG CORONADO DRIVE TO
ALSO APPLY TO HAMDEN DRIVE; CERTIFYING
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Clearwater Beach is a major contributor to the economic health of the City
overall and the City desires to support the tourism industry; and
WHEREAS, the City of Clearwater established the hotel density reserve in Beach by
Design to incentivize hotel development on Clearwater Beach; and
WHEREAS, to achieve the goals envisioned by the Hotel Density Reserve, hotels
receiving units from the Reserve shall have certain operational characteristics;
WHEREAS, it is desirable to minimize building mass along Hamden Drive and create an
environment with a human scale;
WHEREAS, minimum required side setback requirements have been deemed to
appropriate in the Small Motel District to ensure that open space is provided between
properties; and
WHEREAS, the proposed amendments to Beach by Design have been submitted to the
Community Development Board acting as the Local Planning Authority (LPA) for the City of
Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with the
Clearwater Comprehensive Plan and the Clearwater Community Development Code; and
WHEREAS, Beach By Design was originally adopted on February 15, 2001, and
subsequently amended, now therefore,
Attachment number 1 \nPage 1 of 8
Item # 28
2
Ordinance No. 8497-14
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design
Guidelines, Section II. Future Land Use, Subsection F. Small Motel District is amended as
follows:
F. Small Motel District
The area to the east of the Beach District is an area of small motels, many of which have
established clientele. The Small Motel District reflects a common paradox of beachfront
communities -- improvements which were constructed in a different time before jet travel and air
conditioning -- with limited on-site amenities and off-street parking. In many parts of the country,
these kinds of units have evolved into residential uses. However, the relative intensity of
adjacent land uses and the volumes of north south traffic have maintained the current condition
between Hamden and Coronado.
Beach by Design contemplates that the existing improvements in the Small Motel District
will be sustained over time. Although the existing improvements may not represent the
theoretical “highest and best” use of this area, the relatively good condition of most buildings
and the economic value of the existing improvements make it difficult, if not impossible, to
anticipate significant land assembly, demolition and new development.
Brightwater Drive is also developed with small motel uses with building conditions and
transient populations similar to those found along Hamden and Coronado. Brightwater’s
location on the Intracoastal Waterway, in between two other stable residential “fingers”, makes it
riper for redevelopment. Beach by Design calls for the redevelopment of Brightwater with land
uses and building mass which are compatible with the residential cul-de-sacs to the north and
south. Mid-rise townhouses and timeshares between 2 – 4 stories above parking are
contemplated. Additionally, consideration should be given to the development of a shared
parking facility along the street to provide some of the required parking that will be associated
with redevelopment.
Due to the compact nature of this district, its location in the heart of the tourist area and
the potential for intensive redevelopment, minimum side setbacks of 10 feet for all development
are hereby established to ensure that adequate open space is provided between properties.
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design
Guidelines, Section V. Catalytic Projects, B. Community Redevelopment District, Subsection 2.
Hotel Density Reserve, is amended as follows:
2. Hotel Density Reserve (200713 Update)
**********
The allocation of hotel rooms from the Reserve shall be made through the approval of a
development agreement with the City of Clearwater with said allocation being strictly controlled.
In order to be eligible to draw units from the Hotel Density Reserve, a development would have
to incorporate, meet, and/or abide by each of the following:
Attachment number 1 \nPage 2 of 8
Item # 28
3
Ordinance No. 8497-14
Those properties and/or developments that have acquired density from the Destination
Resort Density Pool are not eligible to have rooms allocated from the Reserve;
Those properties and/or developments that have had density transferred off to another
property and/or development(s) through an approved Transfer of Development Rights (TDR)
application by the City after December 31, 2007, are not eligible to have rooms allocated
from the Reserve;
The Hotel Density Reserve shall not be used to render nonconforming density conforming;
A maximum of 100 hotel rooms may be allocated from the Reserve to any development with
a lot size less than 2.5 acres. Those developments with a lot size greater than or equal to
2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However,
in no instance shall the density of a parcel of land exceed 150 units per acre regardless of
whether it has received benefit of transfers of development rights or units through a
termination of status of nonconformity in addition to the Reserve, or not;
Accessory uses inconsistent with amenities typical of a mid-priced hotel shall require
compliance with the base FAR requirements of the Resort Facilities High (RFH) Future Land
Use category;
No hotel room allocated from the Reserve may be converted to a residential use (i.e.
attached dwelling);
All units in a hotel receiving units from the Reserve shall be made available to the public as
overnight transient hotel guests at all times through the required hotel reservation system.
Occupancy in any hotel receiving units from the Reserve is limited to a term of less than one
(1) month or thirty-one (31) consecutive days, whichever is less and units in such a hotel
shall not be used as a primary or permanent residence.
No hotel room in a hotel allocated units from the Reserve may have a full kitchen. Mini
kitchens, defined as including reduced sized kitchen appliances, may be permitted;
The maximum building heights of the various character districts cannot be increased to
accommodate hotel rooms allocated from the Reserve;
When both the allocation of hotel rooms from the Reserve and the transfer of development
rights (TDR) are utilized as part of a development, only hotel rooms brought in to the project
through the TDR process are eligible to be constructed above the otherwise maximum
building height, but only provided that all TDR criteria are met;
A legally enforceable mandatory evacuation/closure covenant that the overnight
accommodation use will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center;
Access to overnight accommodation units must be provided through a lobby and internal
corridors;
All hotel rooms obtained from the Reserve that are not constructed shall be returned to the
Reserve;
Attachment number 1 \nPage 3 of 8
Item # 28
4
Ordinance No. 8497-14
The development shall comply with the Metropolitan Planning Organization’s (MPO)
countywide approach to the application of concurrency management for transportation
facilities, and the transportation analysis conducted for the development shall include the
following:
Recognition of standard data sources as established by the MPO;
Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
Utilization of proportional fair-share requirements consistent with Florida Statues and the
MPO model ordinance;
Utilization of the MPO Traffic Impact Study Methodology; and
Recognition of the MPO designation of “Constrained Facilities” as set forth in the most
current MPO Annual Level of Service Report;
A reservation system shall be required as an integral part of the hotel use and there shall be
a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel
would be operated; and
The books and records pertaining to use of each hotel room shall be open for inspection by
authorized representatives of the City, upon reasonable notice, in order to confirm
compliance with these regulations as allowed by general law.
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design
Guidelines, Section VII. Design Guidelines, Subsection D. Setbacks and Stepbacks, are
amended as follows:
**********
2. Side and Rear Setbacks
Except for the setbacks set forth above, no side or rear setback lines are recommended,
except as may be required to comply with the City’s Fire Code. Side and rear setbacks shall
be governed by the provisions of the Tourist District of the Community Development Code
unless otherwise prescribed in the applicable Character District provisions contained in
Section II., Future Land Use.
3. Coronado and Hamden Drives Setbacks and Stepbacks.
To reduce upper story massing along the street and ensure a human scale street
environment, buildings using the hotel density reserve along Coronado and Hamden Drives
shall be constructed in accordance with the following:
a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with
a minimum depth of fifteen feet (15’) from the setback line at a height not more than
twenty-five feet (25’).
Insert new graphic:
Attachment number 1 \nPage 4 of 8
Item # 28
__________
b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less
than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The
required stepback/ setback ratio is one and one
reduction in setback in addition to the minimum stepback of fifteen feet (15’).
Insert new graphic:
____________
c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a
building stepback at a height not more than fifteen feet (15’). The required stepback/
setback ratio is two and one
addition to the minimum stepback of fifteen feet (15’).
Insert new graphic:
5
Ordinance No. 8497
__________________________________________________
Buildings constructed with a front setback greater than or equal to ten feet (10’) and less
than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The
required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’)
reduction in setback in addition to the minimum stepback of fifteen feet (15’).
__________________________________________________
Buildings constructed with a front setback of less than ten feet (10’) shall provide a
building stepback at a height not more than fifteen feet (15’). The required stepback/
setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in
addition to the minimum stepback of fifteen feet (15’).
Ordinance No. 8497-14
_________________________
Buildings constructed with a front setback greater than or equal to ten feet (10’) and less
than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The
et (1.5’) for every one foot (1’)
reduction in setback in addition to the minimum stepback of fifteen feet (15’).
_________________
Buildings constructed with a front setback of less than ten feet (10’) shall provide a
building stepback at a height not more than fifteen feet (15’). The required stepback/
half feet (2.5’) for every one foot (1’) reduction in setback in
Attachment number 1 \nPage 5 of 8
Item # 28
___________________________
d. To achieve upper story facade variety and articulation, additional stepbacks may be
required. To avoid a monotonous streetscape, a building shall not replicate the stepback
configuration of the adjacent buildings including those across rights
Insert new graphic:
_________________
6
Ordinance No. 8497
________________________________________
d. To achieve upper story facade variety and articulation, additional stepbacks may be
a monotonous streetscape, a building shall not replicate the stepback
configuration of the adjacent buildings including those across rights-of-way.
___________________________________________________________
Ordinance No. 8497-14
________________
d. To achieve upper story facade variety and articulation, additional stepbacks may be
a monotonous streetscape, a building shall not replicate the stepback
way.
______________________
Attachment number 1 \nPage 6 of 8
Item # 28
7
Ordinance No. 8497-14
e. Required stepbacks shall span a minimum of 75% of the building frontage width.
Delete the following two graphics
***********
Section 4. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same.
Section 5. 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 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. 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 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
AS AMENDED
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Right-of-way
FAÇADE VARIETY EXAMPLESFAÇADE VARIETY EXAMPLESFAÇADE VARIETY EXAMPLESFAÇADE VARIETY EXAMPLES
EXAMPLE #1EXAMPLE #1EXAMPLE #1EXAMPLE #1 EXAMPLE#2EXAMPLE#2EXAMPLE#2EXAMPLE#2 PROHIBITED PROHIBITED PROHIBITED PROHIBITED REQUIRED REQUIRED REQUIRED REQUIRED
Attachment number 1 \nPage 7 of 8
Item # 28
8
Ordinance No. 8497-14
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 8 of 8
Item # 28
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8516-14 on second reading, annexing certain real property whose post office address is 2071 The Mall, together with
all abutting right-of-way of Arbelia 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 # 29
Ordinance No. 8516-14
ORDINANCE NO. 8516-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH-EAST CORNER OF THE MALL
AND ARBELIA STREET, CONSISTING OF LOT 8, BLOCK
C, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 2071 THE MALL, CLEARWATER, FLORIDA
33755, TOGETHER WITH ALL OF THE ABUTTING RIGHT
OF WAY OF ARBELIA 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, Brooklawn, according to the map or plat thereof as recorded
in Plat Book 13, page 59, Public Records of Pinellas County, Florida;
together with all of the abutting Right of Way of ARBELIA STREET.
(ANX2013-10031)
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 # 29
Ordinance No. 8516-14
________________________________
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 # 29
Attachment number 2 \nPage 1 of 1
Item # 29
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8517-14 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 2071 The Mall, together with all abutting right-of-way of
Arbelia Street, upon annexation into the City of Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval:
Cover Memo
Item # 30
Ordinance No. 8517-14
ORDINANCE NO. 8517-14
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
NORTH-EAST CORNER OF THE MALL AND ARBELIA STREET,
CONSISTING OF LOT 8, BLOCK C, BROOKLAWN
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2071 THE
MALL, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL
OF THE ABUTTING RIGHT OF WAY OF ARBELIA STREET,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN (RU); 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, Brooklawn, according to the map
or plat thereof as recorded in Plat Book 13, page
59, Public Records of Pinellas County, Florida;
together with all of the abutting Right of Way of
ARBELIA STREET.
Residential
Urban (RU)
(ANX2013-10031)
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. 8516-14.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 30
Ordinance No. 8517-14
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 30
Attachment number 2 \nPage 1 of 1
Item # 30
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8518-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 2071 The Mall, together with all abutting right-of-way of Arbelia Street, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 31
Ordinance No. 8518-14
ORDINANCE NO. 8518-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH-EAST CORNER OF THE MALL AND ARBELIA
STREET, CONSISTING OF LOT 8, BLOCK C,
BROOKLAWN SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 2071 THE MALL, CLEARWATER, FLORIDA
33755, TOGETHER WITH ALL OF THE ABUTTING RIGHT
OF WAY OF ARBELIA 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, Brooklawn, according to the Low Medium
map or plat thereof as recorded in Plat Book 13, Density
page 59, Public Records of Pinellas County, Florida; Residential (LMDR)
together with all of the abutting Right of Way of
ARBELIA STREET.
(ANX2013-10031)
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. 8516-14.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 31
Ordinance No. 8518-14
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 31
Attachment number 2 \nPage 1 of 1
Item # 31
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8519-14 on second reading, annexing certain real property whose post office address is 1734 Kings Highway, together
with all abutting right-of-way of Kings Highway, 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 # 32
Ordinance No. 8519-14
ORDINANCE NO. 8519-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH-EAST CORNER OF KINGS
HIGHWAY AND SANDY LANE, CONSISTING OF METES &
BOUNDS TRACT 44/01 IN SECTION 03 TOWNSHIP 29 S,
RANGE 15 E, WHOSE POST OFFICE ADDRESS IS 1734
KINGS HIGHWAY, CLEARWATER, FLORIDA 33755,
TOGETHER WITH ALL OF THE ABUTTING RIGHT OF
WAY OF KINGS HIGHWAY, 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 B 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:
(ANX2013-10032) See attached legal description, Exhibit A
The map attached as Exhibit B 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 # 32
Ordinance No. 8519-14
________________________________
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 # 32
Attachment number 2 \nPage 1 of 1
Item # 32
Attachment number 3 \nPage 1 of 1
Item # 32
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8520-14 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 1734 Kings Highway, together with all abutting right-of-
way of Kings Highway, upon annexation into the City of Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:
Cover Memo
Item # 33
Ordinance No. 8520-14
ORDINANCE NO. 8520-14
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-EAST CORNER OF KINGS HIGHWAY AND SANDY
LANE, CONSISTING OF METES & BOUNDS TRACT 44/01 IN
SECTION 03 TOWNSHIP 29 S, RANGE 15 E, WHOSE POST
OFFICE ADDRESS IS 1734 KINGS HIGHWAY, CLEARWATER,
FLORIDA 33755, TOGETHER WITH ALL OF THE ABUTTING
RIGHT OF WAY OF KINGS HIGHWAY, 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
See attached legal description, Exhibit A Residential
Low (RL)
(ANX2013-10032)
The map attached as Exhibit B 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. 8519-14.
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 # 33
Attachment number 2 \nPage 1 of 1
Item # 33
Attachment number 3 \nPage 1 of 1
Item # 33
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8521-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1734 Kings Highway, together with all abutting right-of-way of Kings Highway, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 34
Ordinance No. 8521-14
ORDINANCE NO. 8521-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH-EAST CORNER OF KINGS HIGHWAY AND
SANDY LANE, CONSISTING OF METES & BOUNDS
TRACT 44/01 IN SECTION 03 TOWNSHIP 29 S, RANGE 15
E, WHOSE POST OFFICE ADDRESS IS 1734 KINGS
HIGHWAY, CLEARWATER, FLORIDA 33755, TOGETHER
WITH ALL OF THE ABUTTING RIGHT OF WAY OF KINGS
HIGHWAY, 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
See attached legal description, Exhibit A Low Medium
Density
(ANX2013-10032) Residential (LMDR)
The map attached as Exhibit B 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. 8519-14.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 34
Ordinance No. 8521-14
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 34
Attachment number 2 \nPage 1 of 1
Item # 34
Attachment number 3 \nPage 1 of 1
Item # 34
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8523-14 on second reading, amending the Community Development Code to clarify and revise provisions and
guidelines for property located in the Tourist District on Clearwater Beach to provide consistency between Beach By Design and the
Community Development Code.
SUMMARY:
Review Approval:
Cover Memo
Item # 35
Ordinance No. 8523-14 1
ORDINANCE NO. 8523-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, MAKING AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE BY AMENDING
ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST
DISTRICT, TABLE 2-802 TO REVISE FOOTNOTE #1
TO REFERENCE THE APPLICABLE CHARACTER
DISTRICT PROVISIONS AND DESIGN GUIDELINES OF
BEACH BY DESIGN; BY AMENDING ARTICLE 2,
ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT,
TABLE 2-803 TO REVISE FOOTNOTE #1 TO
REFERENCE THE APPLICABLE CHARACTER
DISTRICT PROVISIONS AND DESIGN GUIDELINES OF
BEACH BY DESIGN; CERTIFYING CONSISTENCY WITH
THE CITY’S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater desires to ensure clarity of applicable
development standards on Clearwater Beach; and
WHEREAS, the City of Clearwater has determined that the Community
Development Code needs clarification and revision for property located in the Tourist
District on Clearwater Beach, and
WHEREAS, consistency between the Community Development Code and
provisions within Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines is required; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Article 2, Zoning District, Tourist District, Section 2-802, Table 2-802,
is amended as follows:
Section 2-802 Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
***********
(1) Specific standards for the Old Florida District and the Marina District that
supercede the above regulations are set forth in Beach by Design: A Preliminary
Design for Clearwater Beach and Design Guidelines. Specific use, height,
setback and parking standards set forth in Section II., Future Land Use
(Character Districts) and height standards and Coronado and Hamden Drives
setback/stepback standards set forth in Section IV., Design Guidelines, of Beach
by Design: A Preliminary Design for Clearwater Beach and Design Guidelines,
shall supersede these standards.
Attachment number 1 \nPage 1 of 3
Item # 35
Ordinance No. 8523-14 2
***********
Section 2. Article 2, Zoning Districts, Tourist District, Section 2-803, Table 2-
803, is amended as follows:
Section 2-803 Flexible development.
The following uses are Level Two permitted uses in the Tourist “T” District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
***********
(2) Specific standards for the Old Florida District and the Marina District that
supercede the above regulations are set forth in Beach by Design: A Preliminary
Design for Clearwater Beach and Design Guidelines. Specific use, height, and
setback standards set forth in Section II., Future Land Use (Character Districts),
and height standards and Coronado and Hamden Drives setback/stepback
standards set forth in Section IV., Design Guidelines, of Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines, shall supersede
these standards.
***********
Section 3. Amendments to the Land 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. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 6. 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 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _______________________
PASSED ON SECOND AND FINAL _______________________
READING AND ADOPTED
________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 2 of 3
Item # 35
Ordinance No. 8523-14 3
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 3 of 3
Item # 35
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8534-14 on second reading, relating to the cost of certain discharges with specific properties to the collection and
treatment of wastewater; amending Section 32.224, Clearwater Code of Ordinances to remove volume criteria and add more definitive
metering verbiage.
SUMMARY:
Review Approval:
Cover Memo
Item # 36
Ordinance No. 8534-14
ORDINANCE NO. 8534-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE COST OF CERTAIN DISCHARGES WITH
SPECIFIC PROPERTIES TO THE COLLECTION AND
TREATMENT OF WASTEWATER; AMENDING CODE OF
ORDINANCES, SECTION 32.224, REMOVING VOLUME
CRITERIA, ADDING MORE DEFINITIVE METERING VERBIAGE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.224, Code of Ordinances, City of Clearwater, is amended
to read as follows.
Sec. 32.224. Wastewater treatment rates.
(1) Surcharged wastewater service fees. Any business or industry that discharges
5,000 gpd or more of wastewater in excess of the allowable concentrations of the
following parameters may be subjected to a surcharged service fee to cover the
increased costs associated with treatment. These fees shall be added to the monthly
service charge as follows:
Parameter Explanation Surcharge
Rate
BOD5 Fee is based on the excess concentration above 250 mg/l.
Fee is computed as the total volume of metered discharged
water over the billing period, as measured by an approved,
regularly maintained, annually certified, permanently installed,
in-situ meter. The fee is calculated as metered discharge
water expressed in millions of gallons (MG) multiplied by the
average day BOD5 in excess of 250 mg/l, the conversion
factor of 8.34 and the surcharge rate.
$0.32/lb
TSS Fee is based on the excess concentration above 250 mg/l.
Fee is computed as the total volume of metered discharged
water over the billing period, as measured by an approved,
regularly maintained, annually certified, permanently installed,
in-situ meter. The fee is calculated as metered discharge
water expressed in millions of gallons (MG) multiplied by the
average day TSS in excess of 250 mg/l, the conversion factor
of 8.34 and the surcharge rate.
$0.32/lb
Attachment number 1 \nPage 1 of 2
Item # 36
2 Ordinance No. 8534-14
Nitrogen
(TN)
Fee is based on the excess concentration above 35 mg/l.
Fee is computed as the total volume of metered discharged
water over the billing period, as measured by an approved,
regularly maintained, annually certified, permanently installed,
in-situ meter. The fee is calculated as metered discharge
water expressed in millions of gallons (MG) multiplied by the
average day TN in excess of 35 mg/l, the conversion factor of
8.34 and the surcharge rate.
$0.50/lb
Fats Oil &
Grease
Fee is based on the excess concentration above 100 mg/l.
Fee is computed as the total volume of metered discharged water
over the billing period, as measured by an approved, regularly
maintained, annually certified, permanently installed, in-situ meter.
The fee is calculated as metered discharge water expressed in
millions of gallons (MG) multiplied by the average day FOG in
excess of 100 mg/l, the conversion factor of 8.34 and the
surcharge rate.
$1.46/lb
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
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 City Clerk
Attachment number 1 \nPage 2 of 2
Item # 36
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8535-14 on second reading, approving for MarineMax, Inc. an exemption from certain ad valorem taxation.
SUMMARY:
Review Approval:
Cover Memo
Item # 37
Ord 8528-14 MarineMax, Inc, - ED AVTE 1
ORDINANCE NO. 8535-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING FOR MARINEMAX, INC. AN EXEMPTION FROM CERTAIN
AD VALOREM TAXATION; PROVIDING FINDINGS OF FACT;
PROVIDING GRANTING OF AD VALOREM TAX EXEMPTION;
PROVIDING FOR APPLICABILITY; PROVIDING FOR A SUNSET
DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That an Economic Development Ad Valorem tax exemption
shall be approved for MarineMax, Inc. – Tax year 2014 through Tax year
2018 as provided herein:
(a) Findings of Fact
(1) Article VII, Section 3, of the Constitution of the State of Florida and
Section 196.1995, Florida Statutes, provide that the City may grant
Economic Development Ad Valorem Tax Exemptions to New Businesses
and Expansions of Existing Businesses, as defined in Section 196.012
(15)(16), Florida Statutes, by ordinance provided that the electors of the
City, voting on the question in a referendum, authorize the City to adopt
such ordinances. On November 6, 2012, voters of the City of
Clearwater approved the referendum, authorizing the City Council of the
City of Clearwater (the “Council”) to grant Economic Development Ad
Valorem Tax Exemption pursuant to state law.
(2) Chapter 29, Article VII of the Code of Ordinances of the City of
Clearwater (the “Code”) sets forth the process and procedures for
implementing the Economic Development Ad Valorem Tax Exemption
program.
(3) Pursuant to Section 29.204 of the Code, MarineMax, Inc. (“the Company”)
submitted an application to the City requesting an ad valorem tax
exemption for the qualifying tangible personal property specified in its
application commencing with Tax Year 2014 (“the Company Application”).
The Company Application is incorporated herein by reference, and a copy
of said Application shall be retained by the City of Clearwater Economic
Development & Housing Department for at least the duration of the
Exemption Period.
Attachment number 1 \nPage 1 of 5
Item # 37
Ord 8528-14 MarineMax, Inc, - ED AVTE 2
(4) In its application, the Company stated the following:
a. Name of business: MarineMax, Inc; Location: (CURRENT) 18167
US Highway 19 North, Ste 300, Clearwater, Florida 33764 with
proposed expansion at 2600 McCormick Drive, Clearwater, Florida
33759;
b. The Company will create a total of 30 new jobs by September 1,
2017, with an average annual wage of all new jobs that shall
together be no less than $65,000 which is 155% of the Pinellas
County Annual Average Wage as published by Enterprise Florida,
Inc. on January 1, 2013;
c. The Company will invest approximately Two Million Dollars
($2,000,000.00) in the expansion and relocation of its City of
Clearwater Corporate Headquarters Office to the above named
address, including the purchase of new furniture, fixtures,
equipment and computer equipment;
d. MarineMax is the largest boat retailer in the country. No other large
boat retailers are headquartered in the City of Clearwater;
e. As a company headquartered in Clearwater throughout its history,
MarineMax,Inc. is committed to local procurement and local hiring
as applicable;
f. As a company dependent upon our water resources, MarineMax,
Inc. promotes green initiatives, especially those which are water-
related.
g. The Company has been inducted into Boating Industry Top 100
Hall of Fame.
(5) Pursuant to Section 29.205 of the Code, the Property Appraiser completed
its review of the Company Application and submitted to the City its report
dated November 11, 2013. The Property Appraiser report included the
following information:
a. Total revenue available to the City for the current fiscal year from ad
valorem tax sources: $39,922,918;
b. Revenue lost to the City for the current fiscal year by virtue of
exemptions previously granted under this section: $0;
c. Estimate of the revenue which would be lost to the City during the
current fiscal year if the exemption applied for was granted at 50% and
Attachment number 1 \nPage 2 of 5
Item # 37
Ord 8528-14 MarineMax, Inc, - ED AVTE 3
the property for which the exemption is requested would otherwise
have been subject to taxation: $4,665;
d. Estimate of the taxable value lost to the City in Year 1 if the exemption
applied for was granted at 50%: Improvements to Real Property: $0;
Personal Property: $905,000;
e. A determination that the Company meets the definition of “Expansion
of an Existing Business”, as defined in Section 196.012(16), Florida
Statutes.
(6) The MarineMax Application meets all statutory and ordinance
requirements.
(b) Grant of Ad Valorem Tax Exemption.
(1) Pursuant to Section 29.205(c) of the Code, the Council reviewed the
Company Application, applied the City of Clearwater Economic
Development Policy Guidelines, and finds that:
a. The Company currently employs 99 full-time employees at its
current City of Clearwater facility and represents that that it will
create a total of 30 new jobs by September 1, 2017, that together
will pay an average annual wage of no less than $65,000, and;
b. The Company represents that it will invest Two Million Dollars
($2,000,000.00) in the expansion of its City of Clearwater facility,
including the purchase of new furniture, fixtures, equipment and
computer equipment;
c. The Company is an innovative reseller as the largest boat retailer in
the country;
d. The Company represents that to the extent that qualified suppliers
are available in City of Clearwater, it will purchase its materials and
equipment locally;
e. The Company will continue to make a net positive contribution to
the local economy as determined by the impact analysis conducted;
and
As a result of the above findings, the Council concludes that granting an
Economic Development Ad Valorem Tax Exemption to the Company to
encourage expansion of its business will promote economic sustainability
Attachment number 1 \nPage 3 of 5
Item # 37
Ord 8528-14 MarineMax, Inc, - ED AVTE 4
within the City through the creation of jobs and utilization of local
resources.
(2) The Council hereby grants to the Company and establishes on behalf of
the Company an Economic Development Ad Valorem Tax Exemption of
fifty percent (50%) of the assessed value of the net increase in qualifying
tangible personal property as set forth in the Company Application,
acquired by the Company after the adoption of this Ordinance to facilitate
the expansion of its business (the “MarineMax, Inc. Ad Valorem Tax
Exemption”).
(3) The MarineMax Ad Valorem Tax Exemption shall be for a period of five (5)
tax years (the “Exemption Period”), commencing with Tax Year 2014
through Tax Year 2018. The MarineMax Ad Valorem Tax Exemption is
conditioned upon the Company entering into an agreement with the City
stating that it shall remain in compliance with Section 29.207 of the Code
throughout the Exemption Period as well as the Business Maintenance
and Continued Performance provision of the Company Application.
Should the Company fail to comply with Section 29.207 of the Code or the
Business Maintenance and Continued Performance provision of the
Company Application, the Council may revoke the MarineMax Ad Valorem
Tax Exemption and recover any taxes exempted during the Exemption
Period pursuant to Section 29.208 of the Code.
(4) The Company agrees to abide by the terms and conditions set forth in
Article VII of Chapter 29 of the Code, as amended from time to time, as
well as any policies and procedures enacted by the Council from time to
time related to the Economic Development Ad Valorem Tax Exemption
program. Failure to do so may result in revocation of the MarineMax Ad
Valorem Tax Exemption and the City’s recovery of any taxes exempted
during the Exemption Period.
(c) Applicability.
The City ad valorem tax exemption granted herein applies only to ad valorem
taxes levied by City of Clearwater on the qualifying tangible property specified in
the Company Application. The exemption does not apply to taxes levied by a
county, school district, or any special taxing district, or to taxes levied for the
payment of bonds or taxes authorized by a vote of the electors pursuant to
Section 9 and Section 12, Article VII of the State Constitution.
(d) Sunset Date.
The MarineMax Ad Valorem Tax Exemption shall be in effect through Tax Year
2018, at which time this ordinance shall automatically sunset and no longer be in
force and effect.
Attachment number 1 \nPage 4 of 5
Item # 37
Ord 8528-14 MarineMax, Inc, - ED AVTE 5
Section 2. If any provision of this article or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the act which can be given effect without the invalid
provision or applications. To this end, the provisions of this article are declared
severable.
Section 3. The provisions of this Ordinance shall become effective
immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 5 of 5
Item # 37
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8536-14 on second reading, approving for Skye Lane Properties, LLC, a Heritage Insurance Company and Heritage
Property and Casualty Insurance Company, a Heritage Insurance Company, an exemption from certain ad valorem taxation.
SUMMARY:
Review Approval:
Cover Memo
Item # 38
1
ORDINANCE NO. 8536-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING FOR SKYE LANE PROPERTIES, LLC, A HERITAGE
INSURANCE COMPANY AND HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY, A HERITAGE INSURANCE COMPANY, AN
EXEMPTION FROM CERTAIN AD VALOREM TAXATION; PROVIDING
FINDINGS OF FACT; PROVIDING GRANTING OF AD VALOREM TAX
EXEMPTION; PROVIDING FOR APPLICABILITY; PROVIDING FOR A
SUNSET DATE; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That an Economic Development Ad Valorem tax exemption
shall be approved for Skye Lane Properties, LLC, and Heritage Property &
Casualty Insurance Company – Tax year 2014 through Tax year 2023 as
provided herein:
(a) Findings of Fact
(1) Article VII, Section 3, of the Constitution of the State of Florida and
Section 196.1995, Florida Statutes, provide that the City may grant
Economic Development Ad Valorem Tax Exemptions to New Businesses
and Expansions of Existing Businesses, as defined in Section 196.012
(15)(16), Florida Statutes, by ordinance provided that the electors of the
City, voting on the question in a referendum, authorize the City to adopt
such ordinances. On November 6, 2012, voters of the City of
Clearwater approved the referendum, authorizing the City Council of the
City of Clearwater (the “Council”) to grant Economic Development Ad
Valorem Tax Exemption pursuant to state law.
(2) Chapter 29, Article VII of the Code of Ordinances of the City of
Clearwater (the “Code”) sets forth the process and procedures for
implementing the Economic Development Ad Valorem Tax Exemption
program.
(3) Pursuant to Section 29.204 of the Code, Skye Lane Properties, LLC, A
Heritage Insurance Company, and Heritage Property & Casualty
Insurance Company, hereunder known as “the Company”, submitted an
application to the City requesting an ad valorem tax exemption of the
qualifying improvements to real property and qualifying tangible personal
Attachment number 1 \nPage 1 of 6
Item # 38
2
property specified in its application, commencing with Tax Year 2014 (“the
Company Application”). The Company Application is incorporated herein
by reference, and a copy of said Application shall be retained by the City
of Clearwater Economic Development & Housing Department for at least
the duration of the Exemption Period.
(4) MarineMax, Inc., hereunder known as “the Tenant”, submitted an
application to the City requesting an ad valorem tax exemption of the
qualifying tangible personal property specified in its application,
commencing with Tax Year 2014, (“the Tenant Application”) is
incorporated herein by reference. The Tenant will relocate 99 jobs from its
current location within the City of Clearwater and add 30 new jobs by
September 1, 2017. The Tenant lease term is September 1, 2014 through
September 1, 2024.
(5) In its application, the Company stated the following:
a. Name of business: Skye Lane Properties, LLC, A Heritage
Insurance Company located at 2600/2650 McCormick Drive,
Clearwater, 33759; and Heritage Property & Casualty Insurance
Company, A Heritage Insurance Company currently located at 700
Central Avenue, Ste 500, St. Petersburg, FL 33701;
b. The Company will relocate 54 jobs from St. Petersburg and create
a total of 11 new jobs by December 31, 2015, with an average
annual wage of all new jobs that shall together be no less than
$87,000 which is 208% of the Pinellas County Annual Average
Wage as published by Enterprise Florida, Inc. on January 1, 2013;
c. Through December 31, 2015, the Company represents that it will
invest Six Million One Hundred Thousand Dollars ($6,100,000.00)
in the expansion of the 2600/2650 McCormick Drive property,
including the renovation of the facility and construction of a tri-level
parking deck, and the purchase of new furniture, fixtures,
equipment;
d. The Company is a newly licensed property and casualty insurance
company licensed to conduct business in Florida. There are no
other property and casualty insurers in Clearwater established to
serve the Florida residential property owner community.
e. The Company is committed to local procurement and will strive to
incorporate as many qualified local and small business firms as
appropriate in each trade category for the proposed site preparation
and building construction and is committed to hiring locally and
Attachment number 1 \nPage 2 of 6
Item # 38
3
leverage the services of WorkNet Pinellas as well as local staffing
agencies to assist in filling positions;
f. The Company is committed to active involvement in the local
community. The Company has made significant contributions to
several local charities including the Pinellas Education Foundation
and Step Up for Students;
f. Environmental sustainability, striving to maintain a paperless
workflow in an industry that typically generates and consumes vast
pager resources;
g. $36.3 million (27%) of the Company’s revenues are sales inside the
Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area
(MSA) with $96.6 million (73%) of sales outside the MSA.
(7) Pursuant to Section 29.205 of the Code, the Property Appraiser completed
its review of the Company Application and submitted its report to the City.
The Property Appraiser report, dated November 25, 2013, included the
following information:
a. Total revenue available to the City for the current fiscal year from
ad valorem tax sources: $39,922,918;
b. Revenue lost to the City for the current fiscal year by virtue of
exemptions previously granted under this section: $0;
c. Estimate of the revenue which would be lost to the City during the
current fiscal year if the exemption applied for was granted at 75%
and the property for which the exemption is requested would
otherwise have been subject to taxation: $18,960;
d. Estimate of the taxable value lost to the City in Year 1 if the
exemption applied for was granted at 75%: Improvements to Real
Property: $4,720,000; Personal Property: $184,000;
e. A determination that the Company meets the definition of
“Expansion of an Existing Business”, as defined in Section
196.012(16), Florida Statutes.
(8) The Company Application meets all statutory and ordinance requirements.
(b) Grant of Ad Valorem Tax Exemption.
Attachment number 1 \nPage 3 of 6
Item # 38
4
(1) Pursuant to Section 29.205(c) of the Code, the Council reviewed the
Company Application, applied the City of Clearwater Economic
Development Policy Guidelines, and finds that:
a. The Company currently employs 54 full-time employees at its
current facility in St. Petersburg, Florida, location and represents
that it will relocate these employees and will create 11 new jobs by
December 31, 2015.
b. The Company represents that it will invest Six Million One Hundred
Thousand Dollars ($6,100,000.00) in the expansion of the
2600/2650 McCormick Drive property, including the renovation of
the facility, construction of a tri-level parking deck and the purchase
of new furniture, fixtures, equipment;
c. The Company represents that to the extent that qualified suppliers
are available in City of Clearwater, it will purchase its materials and
equipment locally and use local labor as available;
d. The Company represents an estimated 5% of its workforce will
reside in City of Clearwater and 75% in Pinellas County;
e. The Company will continue to make a net positive contribution to
the local economy as determined by the impact analysis conducted;
and
f. More than 73% of its sales are outside of the MSA.
As a result of the above findings, the Council concludes that granting an
Economic Development Ad Valorem Tax Exemption to the Company to
encourage expansion of its business will promote economic sustainability
within the City through the creation of jobs and utilization of local
resources.
(2) The Council hereby grants to the Company and establishes on behalf of
the Company an Economic Development Ad Valorem Tax Exemption of
of the assessed value of the net increase in qualifying improvements to
real property and qualifying tangible personal property as set forth in the
Company Application, acquired by the Company after the adoption of this
Ordinance to facilitate the expansion of its business (the “Skye Lane
Properties, LLC, and Heritage Property & Casualty Insurance Company
Ad Valorem Tax Exemption”) as follows:
a. Seventy-five percent (75%) for the period of five (5) years
commencing with Tax Year 2014 through Tax Year 2018; and
Attachment number 1 \nPage 4 of 6
Item # 38
5
b. Fifty percent (50%) for the period of five (5) years commencing with
Tax Year 2019 through Tax Year 2023;
(3) The Skye Lane Properties, LLC, and Heritage Property & Casualty
Insurance Company Ad Valorem Tax Exemption is conditioned upon the
following:
a. For the period of the Exemption, the Tenant remains at 2600/2650
McCormick Drive,
b. The Company shall enter into an agreement with the City stating
that it shall remain in compliance with Section 29.207 of the Code
throughout the Exemption Period as well as the Business
Maintenance and Continued Performance provision of the
Company Application. Should the Company fail to comply with
Section 29.207 of the Code or the Business Maintenance and
Continued Performance provision of the Company Application, the
Council may revoke the Skye Lane Properties, LLC, and Heritage
Property & Casualty Insurance Company Ad Valorem Tax
Exemption and recover any taxes exempted during the Exemption
Period pursuant to Section 29.208 of the Code.
(4) The Company agrees to abide by the terms and conditions set forth in
Article VII of Chapter 29 of the Code, as amended from time to time, as
well as any policies and procedures enacted by the Council from time to
time related to the Economic Development Ad Valorem Tax Exemption
program. Failure to do so may result in revocation of the Skye Lane
Properties, LLC, and Heritage Insurance Property & Casualty Insurance
Company Ad Valorem Tax Exemption and the City’s recovery of any taxes
exempted during the Exemption Period.
(c) Applicability.
The City ad valorem tax exemption granted herein applies only to ad valorem
taxes levied by City of Clearwater on the qualifying improvements to real property
and qualifying tangible property specified in the Company Application. The
exemption does not apply to taxes levied by a county, school district, or any
special taxing district, or to taxes levied for the payment of bonds or taxes
authorized by a vote of the electors pursuant to Section 9 and Section 12, Article
VII of the State Constitution.
(d) Sunset Date.
The Skye Lane Properties, LLC, and Heritage Property & Casualty Insurance
Company Ad Valorem Tax Exemption shall be in effect through Tax Year 2023,
Attachment number 1 \nPage 5 of 6
Item # 38
6
at which time this ordinance shall automatically sunset and no longer be in force
and effect.
Section 2. If any provision of this article or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the act which can be given effect without the invalid
provision or applications. To this end, the provisions of this article are declared
severable.
Section 3. The provisions of this Ordinance shall become effective
immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 6 of 6
Item # 38
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 39
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Transportation Subcommittee Report - Councilmembers Jonson and Hock-DiPolito
SUMMARY:
Review Approval:
Cover Memo
Item # 40
Attachment number 1 \nPage 1 of 4
Item # 40
Attachment number 1 \nPage 2 of 4
Item # 40
Attachment number 1 \nPage 3 of 4
Item # 40
Attachment number 1 \nPage 4 of 4
Item # 40
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF XXXXX IN SUPPORT
OF THE GREENLIGHT PINELLAS PLAN AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Greenlight Pinellas Plan (the “Plan”) presents an implementable program of projects for improving
public transportation for all residents, businesses and visitors throughout Pinellas County through a transformation of bus
service, including increased beach trolley service and beach to mainland connections, the implementation of local
passenger rail and transit supportive land use concepts to be administered by local governments and through the
countywide planning process; and
WHEREAS, the public, business leaders, community leaders and local jurisdictions have been extensively engaged
in the development of the Plan for the benefit of Pinellas County;
WHEREAS, the Plan is designed to improve public transportation for all residents, businesses and visitors
throughout Pinellas County to increase economic opportunities and jobs, improve growth potential in targeted areas of the
county, support tourism, enhance transportation options for riders and non-riders, encourage property value recovery and
resiliency, and protect our environment and air quality;
WHEREAS, in order to implement the Plan, a proposed 1% sales tax referendum must be submitted to voters in
Pinellas County and passed in November 2014 with proceeds directed to the Pinellas Suncoast Transit Authority (“PSTA”);
and
WHEREAS, if the voters of Pinellas County approve the November 2014 referendum, the PSTA Board would
commit to discontinue the collection of property taxes as of October 1, 2015, with the collection of sales tax beginning
January 1, 2016; and
WHEREAS, the Plan is consistent with, been coordinated with, and is complementary to, the Pinellas County
Council’s (“PPC”) efforts to update its Countywide Plan by integrating transportation and land use; and
WHEREAS, the Countywide Rules were amended in 2010 to add to the Transportation Oriented Development
category and Transit Station Area Plan provisions in anticipation of the provision of enhanced public transportation within
the county; and
WHEREAS, the Advisory Committee for Pinellas Transportation (ACPT), comprised of the Pinellas Planning Council
(PPC), Pinellas Suncoast Transit Authority (PSTA), Pinellas County Metropolitan Planning Organization (MPO) and the Tampa
Bay Regional Transportation Authority (TBARTA), has undertaken significant review, provided substantial comments on the
development of the Plan, approved the Plan by resolution/endorsement and agreed to wholly incorporate the Plan into
their individual agency plans as they are updated;
WHEREAS, on December 10, 2013, the Pinellas County Board of County Commissioners held a final public hearing
and approved the ballot language for the referendum which will be held on November 4, 2014.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of XXXXX, Florida, that the City Council supports
both the Greenlight Pinellas Plan and the continued efforts to finalize and implement the Plan.
The Resolution shall be effective immediately upon its adoption.
APPROVED AS TO FORM AND SUBSTANCE
_____________________
City Attorney or Designee
Attachment number 2 \nPage 1 of 1
Item # 40
Position Statement
Pinellas County Transit Referendum
December, 2013
The Tampa Bay Partnership commends the Pinellas Board of County Commissioners
(BOCC) for sending the county’s bold transit initiative – Greenlight Pinellas – to the
voters in 2014. The BOCC’s decision reflects exceptional vision and leadership.
As a regional economic development organization, we believe that it is critical to
connect our communities and our regional assets so that people, goods and services
can move seamlessly throughout our market. This is why we support the Tampa Bay
Area Regional Transportation Authority (TBARTA), Regional Master Plan.
Greenlight Pinellas will enable the county to provide expanded bus service and
passenger rail to the citizens who live and work in Pinellas and who visit the county to
enjoy its many resources. This plan is based on years of research and planning
showing that an enhanced transit plan is necessary for the future growth and
development of Pinellas County.
The Tampa Bay Partnership has been engaging regional stakeholders in discussions
and study to ensure the final proposal is responsive to their input and provides a
sensible approach to this important investment in our community. We are pleased that
early polling shows strong support for the county’s approach.
As this referendum process moves forward, we encourage the county to take the
following measures to enhance the attractiveness of its proposal:
• Outline a transparent process including a list of clearly identified projects
and an independent nonpartisan oversight board to ensure projects will be
delivered on time and within budget.
• Ensure an inclusive and collaborative dialogue with the various
communities and stakeholders in Pinellas County.
• Ensure connectivity of the people in Pinellas County with people and
places throughout the region by making regional connections a priority as the
approved plan is implemented.
Tampa Bay Partnership is committed to continue serving as a regional leader to
facilitate and convene on these issues and will proactively support stakeholders to
ensure that efforts by Pinellas County, and each community that seeks to implement the
TBARTA Master Plan, are successful.
Attachment number 3 \nPage 1 of 1
Item # 40
Attachment number 4 \nPage 1 of 2
Item # 40
Attachment number 4 \nPage 2 of 2
Item # 40
Attachment number 5 \nPage 1 of 2
Item # 40
Attachment number 5 \nPage 2 of 2
Item # 40
APPROVED 11‐4‐13
1
ADVISORY COMMITTEE FOR PINELLAS TRANSPORTATION
Endorsement of the Greenlight Pinellas Plan
AS THE GREENLIGHT GOVERNMENT COMMITTEE, THE ADVISORY
COMMITTEE FOR PINELLAS TRANSPORTATION (ACPT) HAS CONDUCTED
SIGNIFICANT REVIEW AND PROVIDED SUBSTANTIAL COMMENTS TO THE
DEVELOPMENT OF THE GREENLIGHT PINELLAS PLAN AND NOW
ENDORSES THE PLAN FOR ADVANCEMENT TO THE GREENLIGHT
COUNCIL, OUR RESPECTIVE BOARDS, AND THE PINELLAS COUNTY
BOARD OF COUNTY COMMISSIONERS.
WHEREAS, the ACPT is comprised of representatives from the Pinellas County
Metropolitan Planning Organization (MPO), the Pinellas Planning Council (PPC), the Pinellas
Suncoast Transit Authority (PSTA) and the Tampa Bay Area Regional Transportation Authority
(TBARTA);
WHEREAS, the public, business leaders, community leaders and local jurisdictions have
been extensively engaged in the development of comprehensive transit and land use plans for
the benefit of Pinellas County;
WHEREAS, the Greenlight Pinellas Plan is designed to improve public transportation for
all residents, businesses and visitors throughout Pinellas County;
WHEREAS, the Pinellas Suncoast Transit Authority (PSTA) Community Bus Plan
resulted in three potential countywide bus scenarios responding to various financial projections,
including the Optimal (or Unconstrained) Scenario, the New Revenue Scenario and the No New
Revenue Scenario, where the No New Revenue Scenario would not provide adequate
countywide public transportation;
WHEREAS, on January 30, 2012, the Project Advisory Committee (PAC) endorsed the
Pinellas Alternatives Analysis’ Locally Preferred Alternative (LPA) as “Light rail transit
connecting Clearwater, Largo, Greater Gateway area, Pinellas Park, and St. Petersburg in
Pinellas County, with a regional connection across Tampa Bay to Hillsborough County and
Tampa”;
WHEREAS, the ACPT recognizes the importance of transit supportive land uses located
in close proximity to rail stations and along rapid bus corridors that enhance access to major
employment centers in Pinellas County and the Tampa Bay Region, increasing the County and
Region’s economic competiveness, promoting walkable communities, enhancing mixed-use
neighborhoods, protecting stable neighborhoods, expanding mobility choices, and promoting
environmental stewardship;
WHEREAS, the Greenlight Pinellas Plan is recognized by the ACPT as a
comprehensive and balanced Countywide public transportation plan as coordinated with the
PSTA Transit Development Plan, the Pinellas Metropolitan Planning Organization’s Long Range
Transportation Plan, the Pinellas Planning Council Countywide Plan and the Tampa Bay Area
Regional Transportation Authority’s Regional Transportation Master Plan;
Attachment number 6 \nPage 1 of 2
Item # 40
APPROVED 11‐4‐13
2
WHEREAS, a refined financial analysis, independent of previously completed work, has
been conducted and has confirmed that the implementation of the Greenlight Pinellas Plan
through a phased delivery is financially feasible; and
WHEREAS, the Greenlight Pinellas Plan now includes:
(Bus) the New Revenue Scenario Bus Plan as the foundation of a
transformational bus system for the entire County providing for significant
investment across the County including a focus on Core Rapid Transit services;
(Rail) future passenger rail service as described in the Pinellas Alternatives
Analysis;
(Transit Supportive Land Use Concepts) support for local jurisdictions to develop
policies and tools to encourage and advance transit supportive land use and
development, using guidance provided by the Federal Transit Administration;
(Community Access) ways for the community to access the transit system by
walking, biking and driving;
(Financial and Phasing) a Financial Plan and Phasing Strategy to ensure the
viability of the Plan’s implementation that will include public-private partnership
strategies; and
(Delivery) a Delivery Plan that includes development and maintenance of a
detailed website with project tracker, citizen oversight committees, and
continuous public outreach.
NOW, THEREFORE, THE ACPT:
Section1. Endorses the Greenlight Pinellas Plan, including the Plan Elements (Bus, Rail
and Transit Supportive Land Use Concepts), Financial Plan, Phasing Strategy and Delivery
Plan;
Section 2. Requests that the Greenlight Pinellas Plan be advanced to the Greenlight
Council, partner agencies, local jurisdictions and other organizations across the county for
endorsement, and finally on to the Pinellas County Board of County Commissioners;
Section 3. Recommends the Greenlight Pinellas Plan be wholly incorporated into the
plans of agencies represented on the ACPT, including PSTA’s Transit Development Plan, the
Pinellas Metropolitan Planning Organization’s Long Range Transportation Plan, the Pinellas
Planning Council’s Countywide Plan and the Tampa Bay Area Regional Transportation
Authority’s Regional Transportation Master Plan.
Section 4. Recommends that the Pinellas County Board of County Commissioners
place a 1% sales tax referendum on the November 4, 2014 ballot for the implementation of the
Greenlight Pinellas Plan.
Section 5. Commits to continue educating the community about the Greenlight Pinellas
Plan.
November 4, 2013
Harriet Crozier, Chair Date
Attachment number 6 \nPage 2 of 2
Item # 40
Page | 1
RESOLUTION #13-18
A RESOLUTION OF THE PINELLAS SUNCOAST TRANSIT
AUTHORITY BOARD OF DIRECTORS ENDORSING THE
GREENLIGHT PLAN; DIRECTING THE PSTA CHIEF EXECUTIVE
OFFICER TO FORWARD THIS RESOLUTION TO THE PINELLAS
COUNTY BOARD OF COUNTY COMMISSIONERS;
WHEREAS, PSTA has engaged transportation planning partners around the
region in the discussion of future transit options including the Florida Department of
Transportation (FDOT) Pinellas County Metropolitan Planning Organization (MPO),
the Pinellas Planning Council (PPC) and the Tampa Bay Area Regional Transportation
Authority (TBARTA) through the Advisory Committee for Pinellas Transportation
(ACPT);
WHEREAS, the public transportation service hours and frequencies provided
today are inadequate to serve the population and work force of Pinellas County
resulting in overcrowded buses and limiting future economic growth potential;
WHEREAS, the public, business leaders, community leaders and local
jurisdictions have been extensively engaged in the development of comprehensive
transit and land use plans for the benefit of Pinellas County;
WHEREAS, the Greenlight Pinellas Plan is designed to improve public
transportation for all residents, businesses and visitors throughout Pinellas County;
WHEREAS, the PSTA Board of Directors has conducted significant review of
and provided substantial comments to the development of the Greenlight Pinellas Plan;
WHEREAS, the PSTA Community Bus Plan resulted in three potential
countywide bus scenarios responding to various financial projections, including the
Optimal (or Unconstrained) Scenario, the New Revenue Scenario and the No New
Revenue Scenario, where the No New Revenue Scenario would not provide adequate
countywide public transportation; and would significantly decrease the current level of
service.
WHEREAS, on January 30, 2012, the Project Advisory Committee endorsed the
Pinellas Alternatives Analysis’ Locally Preferred Alternative (LPA) as “Light rail transit
connecting Clearwater, Largo, Greater Gateway area, Pinellas Park, and St. Petersburg in
Pinellas County, with a regional connection across Tampa Bay to Hillsborough County and
Tampa”;
Attachment number 7 \nPage 1 of 3
Item # 40
Page | 2
WHEREAS, PSTA recognizes the importance of transit supportive land uses
located in close proximity to rail stations and along rapid bus corridors that enhance
access to major employment centers in Pinellas County and the Tampa Bay Region,
increasing the County and Region’s economic competiveness, promoting walkable
communities, enhancing mixed-use neighborhoods, protecting stable neighborhoods,
expanding mobility choices, and promoting environmental stewardship;
WHEREAS, the Greenlight Pinellas Plan is recognized by PSTA as a
comprehensive and balanced countywide public transportation plan as coordinated
with PSTA’s Transit Development Plan, the MPO’s Long Range Transportation Plan,
the PPC’s Countywide Plan and TBARTA’s Regional Transportation Master Plan;
WHEREAS, a refined financial analysis, independent of previously completed
work, has been conducted and has confirmed that the implementation of the Greenlight
Pinellas Plan through a phased delivery is financially feasible; and
WHEREAS, the Greenlight Pinellas Plan now includes:
· (Bus) The New Revenue Scenario Bus Plan as the foundation of a
transformational bus system for the entire County providing for
significant investment across the County including a focus on Core Rapid
Transit services;
· (Rail) Future passenger rail service as described in the Pinellas
Alternatives Analysis;
· (Transit Supportive Land Use Concepts) Support for local jurisdictions to
develop policies and tools to encourage and advance transit supportive
land use and development, using guidance provided by the Federal
Transit Administration;
· (Community Access) Ways for the community to access the transit system
by walking, biking and driving;
· (Financial and Phasing) A Financial Plan and Phasing Strategy to ensure
the viability of the Plan’s implementation that will include public-private
partnership strategies; and
· (Delivery) A Delivery Plan that includes development and maintenance
of a detailed website with project tracker, citizen oversight committees,
and continuous public outreach.
Attachment number 7 \nPage 2 of 3
Item # 40
Page | 3
NOW, THEREFORE, BE IT RESOLVED BY THE PSTA BOARD OF DIRECTORS
THAT:
Section 1. The PSTA Board of Directors endorses the Greenlight Pinellas Plan,
including the Plan Elements (Bus, Rail, Transit Supportive Land Use Concepts and
Community Access), Financial Plan, Phasing Strategy and Delivery Plan.
Section 2. The Chief Executive Officer forward this Resolution and the
Greenlight Pinellas Plan to the Pinellas County Board of County Commissioners.
Section 3. The PSTA Board of Directors recommends the Greenlight Pinellas Plan
be wholly incorporated into the plans of agencies represented on the ACPT, including
PSTA’s Transit Development Plan, the MPO’s Long Range Transportation Plan, the
PPC’s Countywide Plan and TBARTA's Regional Transportation Master Plan.
Section 4. The PSTA Board of Directors recommends that the Pinellas County
Board of County Commissioners place a 1% sales tax referendum on the November 4,
2014 ballot for the implementation of the Greenlight Pinellas Plan.
Section 5. Commits to continue public dialogue about the Greenlight Pinellas
Plan.
Section 6. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED ON THIS 20TH DAY OF NOVEMBER, 2013.
ATTEST: PINELLAS SUNCOAST TRANSIT AUTHORITY
PINELLAS COUNTY, FLORIDA
______________________________ ________________________________
William C. Jonson Jeff Danner
Secretary-Treasurer Chairperson
DATE: November 20, 2013 APPROVED AS TO FORM:
________________________________
Alan S. Zimmet
PSTA General Counsel
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ACPT Meeting
November 4, 2013
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THE GREENLIGHT
PLAN
•Elements
–Countywide Bus Service
Transformation
•Frequency
•Night Service
•Weekends
•Connections to Tampa
–Implementation of Rail
–Transit Supportive Land Use
–Community Access
•Financial Plan
•Phasing Strategy
•Delivery Plan
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Greenlight Plan: Bus
•Layered Service Specific to
Travel Market
–Core Network
–Frequent Local
–Supporting Local
–FLEX Connector Routes
–Trolley Services
–Regional Express Routes
–Circulators
•Over 65 % More Bus Service
Compared to Today
•Hub to Grid System
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Greenlight Plan: Rail
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Conceptual Rendering, “Cloud Station” (Largo Town Center)
Looking southwest from Roosevelt/Dodge towards US 19
Today
Greenlight Plan: Transit Supportive Land Use
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•All modes used to access transit
Bike • Walk • Drive
•Facilitating access
–Bike racks in station areas & bus stops
–Bikes on buses and in rail cars
–Lighting
–Park/Kiss & Ride Locations
–Coordinate with FDOT, MPO, and
local jurisdictions on bicycle facilities
and sidewalks to provide safe access
to transit
Greenlight Plan: Community Access
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Public Outreach
Pinellas AA
•160 meetings with over 26,000 participants
–Stakeholder & Citizen Forums
–eTownHalls
–Speakers Bureau Presentations
–Agency Partner Coordination
Community Bus Plan
•Over 60 presentations & events reaching more than 3,200
–Community Events
–Speakers Bureau Presentations
–Bus Rider Interactions
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Public Outreach
77 Participants Large Group Meetings: Total of 7 events
51 Participants One-on-One Meetings: Total of 14 events
175 Participants Design Charrettes: Total of 7 events
TOTAL Over 300 Stakeholders
Scenario Planning Outreach to Landowners,
Business Stakeholders, and Community Leaders
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Community Dialogue
Greenlight Pinellas Presentations and Events
•94 Presentations - Over 2,500 Participants
–Homeowners associations
–Community meetings
–Civic & professional organizations
–Chambers
•57 Community Events
Greenlight Civic & Business Committees
•Approximately 100 different members
•True cross-section of community
•Members of the Greenlight Council
Public Outreach
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Greenlight Plan: Phasing Strategy
2016-2019
•FY 2016
–Expand night/weekend service spans
across system
–Increase service without immediate
need for fleet expansion
•FY 2017
–Purchase standard and coach buses for
increased frequencies
•FY 2018
–Begin increases in midday frequencies
for frequent local routes & all trolleys
–Begin new regional express service
•FY 2019
–Increase local midday frequencies for
supporting local routes and North
County Connector
–Begin new circulator service
–Begin seasonal trolley service
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Greenlight Plan: Phasing Strategy
2016-2021
•6 BRT & Rapid bus service planned for PSTA’s
highest volume, most productive corridors
•BRT/Rapid Phase I:
–Central Ave. BRT
–49th St./E Bay Dr. Rapid
–Gulf-to-Bay Blvd. Rapid
•Environment & Engineering - 2016
•Capital Procurement & Install - 2017
•Service Opens - 2018
•BRT/Rapid Phase II:
–4th St./Ulmerton Rd. BRT/Rapid
–US 19 BRT/Rapid
–Seminole Blvd. Rapid
•Environment & Engineering – 2017-2019
•Capital Procurement & Install – 2018 - 2020
•Service Opens – 2019 - 2021
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Greenlight Plan: Phasing Strategy
FY 2024
Full System Implementation
•FY 2021 - All planned bus
service expansions in
operation
•Light Rail Transit
•NEPA & Engineering – 2018-2020
•Vehicles & Construction – 2021-2023
•Service Opens – 2024
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Due Diligence
•Refined Completed Work
–Pinellas AA
–Community Bus Plan
•More Detailed Financial
Planning
–Base Case Financial Model
–Sensitivity Analysis
–Alternative Project Delivery
Strategies
Greenlight Plan: Financial Plan
= Long-term, FTA Compliant Financial Plan
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Sensitivity Analysis
•Base case recap
•Sensitivity analysis performed
1.Reduced sales tax revenue growth rate
2.Reduced FTA funding
3.LRT cost overruns
4.Sales tax revenue shock
•Mitigation strategies
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Base Case Review
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Key Base Case Assumptions
Financial Model Input Base Case Assumption Comments
LRT capital cost estimate (2011$) $1.68B Per HNTB’s cost review
LRT construction payout FY 2018 – FY 2024 Revenue operations date in FY 2024
Escalation rate – LRT construction costs 2.90% - 4.00% Per FDOT Work Program Instructions, FYs 2012-2023
Escalation rate – O&M costs (LRT & bus) 3.50% Increased from 3.25% to 3.50% beginning FY17
Annual growth rate - FTA formula funds 2.00%
Step increases in FTA funds are tied to increases in
revenue miles. Funds per revenue mile flat through FY
2019, increase 2.00% p.a. thereafter
Annual growth rate – state operating grants 1.72%
Transportation sales tax collections start date 1 Jan 2016 Assumed funds first become available to PSTA in March
2016
Annual growth rate - sales tax revenue 3.00% 3.50% in FYs 2013-2014, 3.00% thereafter
(changes in red font)
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Key Base Case Assumptions
Financial Model Input Base Case Assumption Comments
Debt-financed components •Local share of LRT Pay-go used for bus program
Funding of local share of LRT •$250M in pay-go funds
•Remainder from debt proceeds
Assumes credit-worthy pledge of sales tax
revenue. 100% debt finance previously
assumed.
Sources of debt capital •Senior bonds, federal TIFIA loan TIFIA set at 33% of eligible project costs
Senior bond debt service
•30-yr maturity
•Interest-only payments during construction
•Level debt service thereafter
TIFIA debt service
•35-yr repayment pd. from substantial completion
•Interest capitalized during construction
•Sculpted principal repayment
Level debt service after construction
previously assumed
Debt Service Coverage Ratios •3.00x gross
•1.15x net
Based on comparable transit systems with
sales tax revenue-backed debt
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Key Base Case Assumptions
•Revenue Stabilization Reserve Fund
–Assumed annual sales tax growth rate of 3.0%
–Annual sales tax revenue > 3.0% swept to reserve
–Withdrawals when sales tax revenue < 3.0%
•Operating Expense Reserve Fund
–3 months of operating expenses
•Debt Service Reserve Fund
–Required by both senior lenders and TIFIA
–Initial funding set at maximum annual debt service
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Key Base Case Assumptions
LRT Sources and Uses (year-of-expenditure, millions)
Sources of Funds
Federal New Starts Grants 938 37.6%
State New Starts Transit Program 300 12.0%
Local share 1,255 50.4%
- Pay-go funds from sales tax revenue 250 10.0%
- Senior bond proceeds 156 6.3%
- TIFIA loan draws 822 33.0%
- TIFIA loan capitalized interest 27 1.1%
Total Sources of Funds $2,493 100.0%
Uses of Funds
Capital costs 2,344 94.0%
Debt issuance costs 2 0.1%
Funding of reserves 73 2.9%
Interest during construction 74 3%
Total Uses of Funds $2,493 100.0%
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Stress Case: Reduced
Sales Tax Revenue Growth Rate
What’s the minimum annual sales tax growth
rate required to maintain feasibility?
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Stress Case: Reduced Average Annual
Sales Tax Growth Rate
LRT Sources and Uses (year-of-expenditure, millions)
Sources of Funds
Federal New Starts Grants 938 37.6%
State New Starts Transit Program 300 12.0%
Local share 1,255 50.4%
- Pay-go funds from sales tax revenue 250 10.0%
- Senior bond proceeds 156 6.3%
- TIFIA loan draws 822 33.0%
- TIFIA loan capitalized interest 27 1.1%
Total Sources of Funds $2,493 100.0%
Uses of Funds
Capital costs 2,344 94.0%
Debt issuance costs 2 0.1%
Funding of reserves 73 2.9%
Interest during construction 74 3%
Total Uses of Funds $2,493 100.0%
S&U unchanged
from base case
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Stress Case: Reduced Average Annual
Sales Tax Growth Rate
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Stress Case: Reduced Average Annual
Sales Tax Growth Rate
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Stress Case: Reduced Average Annual
Sales Tax Growth Rate
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Stress Case: Reduced FTA Funding
Can the plan work with less FTA
New Starts funding?
25
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Stress Case: Reduced FTA Funding
LRT Sources and Uses (year-of-expenditure, millions)
Sources of Funds
Federal New Starts Grants 656 24.9%
State New Starts Transit Program 300 11.4%
Local share 1,679 63.7%
- Pay-go funds from sales tax revenue 395 15.0%
- Senior bond proceeds 391 14.8%
- TIFIA loan draws 871 33.1%
- TIFIA loan capitalized interest 22 0.8%
Total Sources of Funds $2,635 100.0%
Uses of Funds
Capital costs 2,344 89.0%
Debt issuance costs 5 0.2%
Funding of reserves 147 5.6%
Interest during construction 139 5%
Total Uses of Funds $2,635 100.0%
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Stress Case: Reduced FTA Funding
•Mitigation strategies employed:
1.Increased pay-go funds (from $250M to $395M)
2.Increased borrowing
3.Capitalization of TIFIA interest in first 4 years of operations
4.TIFIA amortization schedule adjusted to shift more principal
payment to later years
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Stress Case: Reduced FTA Funding
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Stress Case: Reduced FTA Funding
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Stress Case: LRT
Cost Overruns
Can the plan sustain a higher LRT price tag?
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Stress Case: LRT Cost Overruns
LRT Sources and Uses (year-of-expenditure, millions)
Sources of Funds
Federal New Starts Grants 938 34.0%938 31.4%
State New Starts Transit Program 300 10.9%300 10.1%
Local share 1,523 55.2%1,745 58.5%
- Pay-go funds from sales tax revenue 360 13.0%400 13.4%
- Senior bond proceeds 224 8.1%333 11.2%
- TIFIA loan draws 911 33.0%985 33.0%
- TIFIA loan capitalized interest 28 1.0%28 0.9%
Total Sources of Funds $2,761 100.0%2,983 100.0%
Uses of Funds
Capital costs 2,578 93.4%2,696 90.4%
Debt issuance costs 3 0.1%4 0.1%
Funding of reserves 84 3.1%156 5.2%
Interest during construction 95 3%127 4%
Total Uses of Funds $2,761 100.0%$2,983 100.0%
10% overruns 15% overruns
10% overruns 15% overruns
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Stress Case: LRT Cost Overruns
•Mitigation strategies employed - 10% overrun:
1.Increased pay-go funding
2.Increased borrowing
•Mitigation strategies employed - 15% overrun:
1.Same as above, plus:
2.O&M esc rate lowered from 3.50% to 3.25%
3.TIFIA interest capitalized in the first 5 years of operations
4.TIFIA amortization schedule adjusted to shift more principal
payment to later years
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Stress Case: LRT Cost Overruns
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Stress Case: LRT Cost Overruns
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Stress Case: Sales Tax
Revenue Shock
How does the plan absorb sales tax volatility? What
if a recession hits early on?
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Stress Case: Sales Tax Revenue Shock
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Stress Case: Sales Tax Revenue Shock
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Stress Case: Sales Tax Revenue Shock
LRT Sources and Uses (year-of-expenditure, millions)
Sources of Funds
Federal New Starts Grants 938 37.5%
State New Starts Transit Program 300 12.0%
Local share 1,264 50.5%
- Pay-go funds from sales tax revenue 375 15.0%
- Senior bond proceeds 33 1.3%
- TIFIA loan draws 823 32.9%
- TIFIA loan capitalized interest 34 1.3%
Total Sources of Funds $2,501 100.0%
Uses of Funds
Capital costs 2,344 93.7%
Debt issuance costs 0.5 0.02%
Funding of reserves 114 4.5%
Interest during construction 43 2%
Total Uses of Funds $2,501 100.0%
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Stress Case: Sales Tax Revenue Shock
•Mitigation strategies employed:
1.Increased pay-go funds (from $250M to $375M)
2.Decreased borrowing
3.O&M esc rate lowered from 3.50% to 3.25%
4.TIFIA interest capitalized in the first 5 years of operations
5.TIFIA amortization schedule adjusted to shift more principal
payment to later years
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Stress Case: Sales Tax Revenue Shock
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Stress Case: Sales Revenue Tax Shock
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Mitigation Strategies
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Mitigation Strategies Employed
•Mitigation strategies employed thus far:
1.Increased use of pay-go
2.Higher/lower borrowing
3.Capitalization of TIFIA interest up to first 5 years of operations
4.TIFIA amortization schedule adjusted to shift more principal
payment to later years
5.O&M escalation rate lowered from 3.50% to 3.25%
6.Revenue stabilization reserve fund
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Further Risk Mitigation Measures
•Bus Program
–Assess BRT station types to reduce costs
–Bus technology/alternative fuels (CNG)
–Refine service expansion
•LRT System
–Seek ROW donations along alignment
–Phase in stations (core stations vs. in -fill)
–Funding contributions from local jurisdictions (station construction/maintenance,
TIF)
–Higher state participation in LRT construction funding
–Continue ongoing review of capital and operating cost estimates
–Identify/test phasing options, if any
–Analyze potential of P3 project delivery to reduce lifecycle costs and transfer risk
–Advance sales tax to January 1, 2015
•Optimize debt (e.g., TIFIA loan)
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Going Forward
•A marathon, not a sprint—this is an iterative
process that will require ongoing monitoring and
adjustments
•Long-term O&M cost management
•Consideration of financial policies
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Greenlight Plan: Delivery Plan
Recommendations
1.Maintain Detailed Website
2.Ongoing Oversight Councils
3.Continuous Outreach
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Detailed Inclusive Website
Greenlight Plan: Delivery Plan
•Early Action Plan
•Project Tracker
•Input Options
•Videos/Social Media
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Citizen Oversight Committees
•Implementation Oversight Committee
‒Oversee Capital Investments, Progress on
Capital Projects, and Public Outreach
•Transit Riders Advisory Committee
‒To recommend Operating Policies &
Operating Budget
•Both Directly Report to PSTA Board but also to
County, MPO, As-Needed
Greenlight Plan: Delivery Plan
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Ongoing Outreach
•Critical to
continue tie to
improving
community
•Ongoing Polls/Outreach
•Continuous Public Speaking
•Visually Attractive, Public-Friendly Materials
•Annual Report Distribution to Community
Greenlight Plan: Delivery Plan
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ENDORSE
THE GREENLIGHT
PINELLAS PLAN
•Elements
–Countywide Bus Service
Transformation
•Frequency
•Night Service
•Weekends
•Connections to Tampa
–Implementation of Rail
–Transit Supportive Land Use
–Community Access
•Financial Plan
•Phasing Strategy
•Delivery Plan
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Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
National Softball Association Park of the Year Award
SUMMARY:
Review Approval:
Cover Memo
Item # 41
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Outback Bowl Presentation
SUMMARY:
Review Approval:
Cover Memo
Item # 42
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Students Working Against Tobacco - Steven Sargent
SUMMARY:
Review Approval:
Cover Memo
Item # 43
Work Session
Council Chambers - City Hall
Meeting Date:1/13/2014
SUBJECT / RECOMMENDATION:
Human Trafficking Awareness Month Proclamation
SUMMARY:
Review Approval:
Cover Memo
Item # 44