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03/01/2007 City Council Agenda Location: Council Chambers - City Hall Date: 3/1/2007- 6 :00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Proclamation: Poppy Day - Gigi Janesik, American Legion Auxiliary ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the February 15,2007 City Council Meeting as submitted in written summation by the City Clerk. ~ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve an amended Development Agreement for property located at 301 S. Gulfview Blvd. (Hyatt) between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DV A 2004-00002 approved by City Council on December 2,2004, and amended under DV A2004-00002A, approved by City Council on January 19,2006) to eliminate a pedestrian overpass over South Gulfview Boulevard and adopt Resolution 07-10. (DV A2007-00001) ~ Attachments 8. Second Readings - Public Hearing 8.1 Continue second reading of Ordinances 7784-07, 7785-07, 7786-07, approving the Petition for Annexation, Future Land Use Plan Amendment and Zoning Atlas Amendment for 205 North Belcher Road ((M/B 33/12, Lot 2,30, & 29 Block D, Temple Terrace Subdivision in Section 7, Township 29 South and Range 16 East)to April 4, 2007. ~ Attachments City Manager Reports 9. Consent Agenda 9.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) ~ Attachments 9.2 Approve the award of Bid 13-07 Gas Material Meters and Regulators Lines 1,2,3,4,6,7, and 15 in the amount of $232,000 to M.T. Deason Company, Incorporated for the period March 5, 2007 to March 7, 2008 and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.3 Ratify and confirm City Manager's award of $60,225 to Extensys, Inc., Palm Harbor, FL, and increase by $129,775 for a total award of $190,000 for computer hardware, software, maintenance, and network consulting services, authorize lease purchase under the City's master purchase agreement and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.4 A ward a contract (purchase order) to Air Mechanical of Tampa, FL, in the amount of $147,869.00 for the purchase and installation of one replacement air conditioning chiller for City Hall, per the City of Clearwater Bid #12-07 and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.5 Award a contract (purchase order) to United Air Conditioning of Largo, FL, in the amount of $104,222.00 for the purchase and installation of replacement air conditioning systems for the Countryside Police Sub- station per the City of Clearwater Bid 11-07 and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.6 Ratify and confirm Change Order No.2 to Rowland, Inc. of Pinellas Park FL, for the Del Oro Groves RCW System Contract (04-0022-UT) increasing the contract amount by $167,054.87 for a new contract total of $4,000,760.91, approve a extension of thirty (30) days to the contract time and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.7 Approve a work order to Parsons Water & Infrastructure Inc. of Tampa, FL, an engineer of record, in the amount of $124,837.00 for professional engineering services related to the Chloride Cap - Monitoring Wells Project (05-0062-UT), and that the appropriate officials be authorized to execute same. (consent) ~ Attachments 9.8 Approve an Interlocal Maintenance Agreement with Pinellas County providing for the City to serve as Traffic Signal Maintenance Contractor to maintain all the traffic signals on the A TMS/ITS corridors within the City of Clearwater and any other county A TMS signals as provided for in the current Clearwater/Pinellas County ITS Interlocal Agreement of March 2, 2006 and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.9 Approve a one year extension for Polymer Services (04-0063-UT) (RFP 16-05) to an existing contract with Polydyne, Inc., of Riceboro, GA increasing the contract value by $189,946.83 and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.10 Ratify & Confirm a payment to Adams Tank & Lift, Inc. (AT&L) in the amount of $15,216.49 for additional services while installing new underground fuel tanks at the Clearwater Marina. (consent) ~ Attachments 9.11 Approve a one year extension for Biosolids Services (04-0063- UT) (RFP 16-05) to an existing contract with Appalachian Material Service, Inc. (APS), of Terra Ceia, Florida increasing the contract value by $1,200,000, and that the appropriate officials be authorized to execute same. (consent) ~ Attachments 9.12 Appoint Tom Calhoun to the Marine Advisory Board with the term expiring on March 31,2011. ~ Attachments Miscellaneous Reports and Items 10. City Attorney Reports 10.1 Authorize settlement of Pinellas Park, et al. v. Supervisor of Elections, et aI., adopt Resolution No.07-11 approving settlement, and authorize appropriate officials to execute settlement documents. ~ Attachments 11. City Manager Verbal Reports 11.1 ~ Attachments 12. Other Council Action 12.1 Other Council Action ~ Attachments 13. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Proclamation: Poppy Day - Gigi Janesik, American Legion Auxiliary SUMMARY: Meeting Date:3/1/2007 Review Approval: 1) Clerk Cover Memo Item # 1 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Approve the minutes of the February 15,2007 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 13 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER February 15, 2007 Unapproved Present: Frank Hibbard Carlen Petersen J.B. Johnson William C. Jonson John Doran Mayor Vice-Mayor Councilmember Council member Councilmember Also Present: William B. Horne II Garry Brumback Rod Irwin Pamela Akin Cynthia E. Goudeau Rosemarie Call City Manager Assistant City Assistant City City Attorney City Clerk Management A The Mayor called the meeting to order at 6:00 p.m. offered by Rev. Jay Sloan from Central Church of the Allegiance. To provide for continuity for researc necessarily discussed in that order. 4. Presentations ter Director Annie Tyrell encouraged all to a-thon on April 21, 2007. ung Men's Christian Association) Brian Kridler reviewed the ve-it Challenge programs and presented Council with a plaque. 31 2007 Cit Council meetin as submitted in written Councilmember Jonson moved to approve the minutes of the regular meeting of January 31,2007, as recorded and submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Council 2007-02-15 Item # 21 Attachment number 1 Page 2 of 13 Joe Evich opposed removing the exemption for working wells. Frank Barlow requested assistance regarding code enforcement liens placed on his property. 7. Administrative Public Hearings 7.1 A The subject property is 5.18 acres (including 0.2 acres locat Future Land Use Plan category that does not generate density). It i west side of North Fort Harrison Avenue and bounded by Jones Str Street to the north and Clearwater Harbor to the west. bligations. The City Ivate development. The r a period not to ten (10) years and includes hall be developed in three (3) phases. The first e 5.18 acres of the subject property and includes one (1) dwelling unit from the Public Amenities nstruction of 109 dwelling units and draws one menities In ntive Pool. The third phase includes the and 13,235 square feet of non-residential floor area of which ty of the non-residential floor area will be drawn from the Public uilding height to the highest point of the finished flat roof surface o ndominium towers shall not exceed 180 feet above the mean site ele the top of parapet of the two (2) buildings comprising Harrison Village shall above the mean site elevation for the Harrison Village site. The parties ackno s conceivable that the Project will not proceed to full completion of all phases. gly, the Developer agrees that the 2.0 acre parcel of land described on Exhibit "H" shall b edicated to support the entitlements which comprise Phase 1, and shall remain encumbered by the provisions of this Development Agreement notwithstanding the amendment of the site plan for the balance of the property; No certificate of occupancy shall be issued for any phase until the streetscaping associated with that phase has been substantially completed; The City shall consider the vacation of North Osceola Avenue and the vacation of three drainage and utility easements and one ingress/egress easement as described in the related vacation request (Ordinance 7769-07). The existing right-of-way shall be closed only upon completion by the Council 2007-02-15 Item # 22 Attachment number 1 Page 3 of 13 developer of the conditional requirements of the above referenced ordinance vacating said right- of-way. These conditions include deeding property to the City for the new 50 foot right-of-way for Osceola Avenue, the completion of a temporary road (parallel to North Fort Harrison Avenue) for use by emergency vehicles, and submission to the City a financial guarantee that all required construction and improvements to the relocated North Osceola Avenue (including location of utilities) will be made within two (2) years of the effective date of the vacation ordi ce; Prior to the issuance of the first building permit for the subject property, the dev en ecord a deed restriction encumbering the property, which deed restriction sh rov by the City Attorney and which will generally describe the developmen Ions of tH Development Agreement. The deed restriction shall be perpetual a be am terminated only with the consent of the City. The City will approve Sl co the subject property that are consistent with the Comprehensive Plan that meet the requirements of the Code and that go through any applic The proposal is in compliance with the standards for develop t a consistent with the Comprehensive Plan and furthers the vi f downtown forth in the Clearwater Downtown Redevelopment Pia unity Dev reviewed this Development Agreement at its public ber 21,20 unanimously recommended approval. Assistant Planning Director Gina Clay to Agreement. between rwater. The motion resentative Ed Armstrong said the Church of n since they owned a parcel at that time. City ogy could be stricken from the agreement as they moved to approve and adopt Resolution 07-02 as amended by ogy Flag Service Organization, Inc." from Section 1 of the resolution, riate officials to execute the same. The motion was duly seconded and ewas: "Ayes": Petersen, Jonson, Johnson, Doran, and Hibbard. "Nays": None. 7.2 Declare as surplus for the purpose of offerinq for sale bv Invitation For Bid No. 14-07 a vacant residential lot leqallv described as Lot 12, PENNSYLVANIA SUBDIVISION at the minimum bid amount of $30,000. Council 2007-02-15 Item # 23 Attachment number 1 Page 4 of 13 PENNSYLVANIA SUB, Lot 12 came into City ownership on March 24, 1999 as result of a judgment in a suit to foreclose, clearing liens in the approximate amount of $5,000. The City incurred additional expenses of approximately $7,000 in unpaid interest, court costs and delinquent property taxes. On January 19, 2007, State Certified Real Estate Appraiser Joseph A. For an appraisal that valued the City's fee interest in the parcel at $30,000. Upon the being declared surplus, and in compliance with the City Charter and Cit ha the parcel will be offered for sale to the highest responsive bidder by Fo Upon successful closing of a purchase contract with the most resp idder co bid requirements, sale proceeds will reimburse costs incurred by th sing Divi Official Records and Legislative Services, and the Engineering Dep . T proceeds will accrue in the General Fund Land Sale Account 010-00 Councilmember Jonson moved to declare as surplus for the Invitation For Bid No. 14-07 a vacant residential lot legally described 0 SUBDIVISION at the minimum bid amount of $30,000. Th .on was dul carried unanimously. 8. Quasi-judicial Public Hearings Iicant has requested Item 8.1 be continued to re the proposed development of the property. moved to continue Item 8.1 to March 15, 2007. The motion unanimously. Councilmember Doran declared a conflict of interest and recused himself. Four citizens opposed the vacation of East Shore Drive. Council 2007-02-15 Item # ~ Attachment number 1 Page 5 of 13 It was commented that Council is not approving the vacation of East Shore with the adoption of subject ordinance, but allowing the option to vacate if a developer meets the requirements. Ordinance 7721-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7721-07 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Petersen, Johnson, Jonson, and Hibbard. "Nays": None. Abstained: Doran Ordinance 7723-07 was presented for seco Councilmember Jonson moved to pass and ado reading. The motion was duly seconded and u "Ayes": Petersen, Jo for second rea read by title only. opt Ordinance 7725-07 on second and final reading. all the vote was: Or ance 7755-07 was presented for second reading and read by title only. Councilmember Johnson moved to pass and adopt Ordinance 7755-070n second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Petersen, Johnson, Jonson, and Doran "Nays": None. Council 2007-02-15 Item # 25 Attachment number 1 Page 6 of 13 Absent: Hibbard 9.5 Adopt Ordinance7756-07 on second readinq, amendinq the future land use plan element of the Comprehensive Plan of the city to desiqnate the land use for certain real property whose post office address is 1761 Audrey Drive, upon annexation into the City of Clearwater, as Residential Low. Ordinance 7756-07 was presented for second reading and read by title 0 Councilmember Jonson moved to pass and adopt Ordinance 7756-070 ond reading. The motion was duly seconded and upon roll call the vote "Ayes": Petersen, Johnson, Jonson, and Doran "Nays": None Absent: Hibbard Ordinance 7757-07 was presented for s Councilmember Doran moved to pass and ado The motion was duly seconded and 011 c resented fo econd reading and read by title only. to pass and adopt Ordinance 7758-070n second and final conded and upon roll call the vote was: n, Johnson, Jonson, and Doran. 9.8 Adopt Ordinance 7759-07 on second readinq, amendinq the future land use plan element of the Comprehensive Plan of the city to desiqnate the land use for certain real property whose post office address is 1416 Reqal Road, upon annexation into the City of Clearwater, as Residential Low. Council 2007-02-15 Item # L6 Attachment number 1 Page 7 of 13 Ordinance 7759-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7759-070n second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. Ordinance 7760-07 was presented for second reading and r Councilmember Doran moved to pass and adopt Ordinance 7760-07 The motion was duly seconded and upon roll call the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibba "Nays": None. 9.10 Ado t Ordinance 7761-07 on second readin office address is 1236 Claire Drive into the cor bounda lines of the cit to include said additi Ordinance 7761-07 was pr Councilmember Johnson mo t readin otion was du resented for second reading and read by title only. to pass and adopt Ordinance 7762-070n second and final seconded and upon roll call the vote was: etersen, Johnson, Jonson, Doran, and Hibbard. 9.12 Adopt Ordinance 7763-07 on second readinq, amendinq the zoninq atlas of the city by zoninq certain real property whose post office address is 1236 Claire Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Council 2007-02-15 Item # Z1 Attachment number 1 Page 8 of 13 Ordinance 7763-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7763-070n second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. Ordinance 7769-07 was presented for second reading and r Councilmember Doran moved to pass and adopt Ordinance 7769-07 The motion was duly seconded and upon roll call the vote "Ayes": Petersen, Johnson, Jonson, "Nays": None. 9.14 Ado t Ordinance 7772-07 on s office address is 1891 CR 193 int lines of the cit to include sai title only. n second and final s: s presented for second reading and read by title only. ved to pass and adopt Ordinance 7773-070n second and final s duly seconded and upon roll call the vote was: yes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. 9.16 Adopt Ordinance 7774-07 on second readinq, amendinq the zoninq atlas of the city by zoninq certain real property whose post office address is 1891 CR 193, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Council 2007-02-15 Item # LB Attachment number 1 Page 9 of 13 Ordinance 7774-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7774-070n second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibbard. "Nays": None. Ordinance 7783-07 was presented for second reading and r Councilmember Doran moved to pass and adopt Ordinance 7783-07 The motion was duly seconded and upon roll call the vote was: "Ayes": Petersen, Johnson, Jonson, Doran, and Hibba "Nays": None. 10.3 Appro e the final plat for "FOUR SEASONS GRANDE TOWNHOMES" located at 105 North Everqreen Avenue approximately 300 feet South of Drew Street. (consent) 10.4 Approve the Interlocal Aqreement between the City of Clearwater, Pinellas County and the Pinellas Suncoast Transit Authority (PSTA) defininq roles, responsibilities and fundinq commitments of the parties, for the purpose of conductinq a Joint Use Facility Feasibility Study to Council 2007-02-15 Item # 23 Attachment number 1 Page 10 of 13 assess the operational and financial feasibility of a ioint City/County/PST A facility in downtown Clearwater. (consent) 10.5 Authorize execution of a Natural Gas Utility Easement with Tampa Pub, LTD. for a 10 foot wide utility easement located on the Connerton Retail Center property located on the Southeast corner of US 41 and Pleasant Plains Parkway in Pasco County for the sum of $1.00. (consent) 10.7 A rove the final lat for "PALM BLUFF PRESERVES ONE" I Street at the Northwest corner of Osceola Avenue and Palm Bluff St Councilmember Doran moved to approve the Co appropriate officials be authorized to execute the sa carried unanimously. 11. Other Items on City Manager Reports dedicated the new Sunshine Limitless Playground ers playground that had served the residents for a partnership between the State, Long Center ounty, an ake A Difference Fishing Tournament". The Iming success with well over 300 to 500 persons per day visiting round was constructed, space was provided for a future losest restroom is in the courtyard of the Long Center, which is ound making it very inconvenient for parents with small children. e City Council accepted a $50,000 Recreational Grant from Pinellas uction of the restroom. Since that time, the Long Center Foundation has lonal $10,000 for the restroom construction. This contract is for the labor and materials t onstruct a concrete block restroom building of approximately 650 sq. ft., site work, civil work including installation of a new fire hydrant, water and sanitary lines and concrete flatwork. City staff will provide additional labor and materials to complete the landscaping, site amenities and fencing for the project. The total base bid of $177,604.90 includes a 10% contingency. Staff is recommending that $32,012.95 of alternate deducts and a reduction in the contingency to 5% be valued engineered out of the contract. The items valued engineered out of the contract include the elimination of an upper roof section, deletion of decorative aluminum Council 2007-02-15 Item # ID Attachment number 1 Page 11 of 13 corbels, substitution of an asphalt single roof for a metal decorative roof and elimination of a performance bond. None of these will have an adverse impact on the function of the project. Work will commence upon award and execution of the contract and will be completed within six months or by the middle of August 2007. Staff is recommending that $25,000 be transferred from CI P 315-93246 Long Center Pool Project at first quarter to provide sufficient funds for this project. These funds wer made available when the Long Center Pool Project actual costs came in less than bud originally. Parks and Recreation Assistant Director Art Kader reviewed high because it includes underground water and utility lines. A concern was expressed regarding this being a "want" vers Councilmember Petersen moved to award a contract to Gros Company, Inc. Bid #06-0046-PR, of Tampa, Florida for $177,604.90, restroom building at the Sunshine Limitless Playground at the Long Center order deduct in the amount of $32,012.95, for a net contr t of $145, authorize the appropriate officials to execute same; fer of $25, 3246 Long Center Pool Project; and approve acce 0 from the Foundation for the construction of the restroom. conded a vote being taken Councilmembers Petersen, J voted "ay Hibbard voted "nay." Motion carried. between K and te officials to rking in the S. o construction sires to temporarily lease nado Drive, Clearwater Beach, Florida, for the The term of this lease shall be month to month ing until thirty (30) days after notice of termination minimum of 67 parking spaces will be available added dep ent on field conditions. The City agrees to pay pace monthly due on the 1 st of each month beginning March 1, o per space per month. ts will establish for March through September the revenue budget 00 (0435-00000-344562), increase other contractual services (0435- Ing the temporary lot by Standard Parking by $32,000, increase rental lJ.1 00) by $56,000 for payments to K and P with an offsetting reduction in ervices (0435-01333-530300) for the closing of the north beach attended lot by $26,000. nticipated reduction in revenue for closing the north beach lot was included in the original approved budget for FY07. In response to questions, Parking Facilities Manager Tracey Bruch said the parking facility will be open from 8:00 a.m. to sunset, seven days a week, through Labor Day, and accessible only when a parking attendant is present. Council 2007-02-15 Item # j21 Attachment number 1 Page 12 of 13 Councilmember Doran moved to approve a Beach Walk Temporary parking Patel Property Lease Agreement between K and P Clearwater Estate, L.L.C. and the City of Clearwater and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11.3 Approve the 2007 Federal Leqislative Packaqe Each year, the City of Clearwater submits a list of legislative pri the new federal budget year. Once the package is approved, the Cit ' with the federal lobbyist to submit our request to our delegation. The 2007 Federal Legislative Package includes such issues Downtown Redevelopment and Wastewater /Reclaimed Water Infras legislation that will diversify brownfield remediation loans into grant fu funding for pre-disaster and post-disaster mitigation; opposing decr Community Development Block Grant programs, and pre-emption of City Clerk Cyndie Goudeau reviewed the legis Councilmember Johnson moved to appro motion was duly seconded and carried unani e Community Development rted on events in which they recently participated; reviewed embers of the Budget Task Force and Charter Review Committee ouraged all to become familiar with the March election ballot and to use the e parking facility when visiting downtown businesses. Petersen encouraged all to visit the new Bookworm Cafe at the Main Library. Hibbard thanked Councilmember Petersen for involvement with Sister Cities program and County Commissioner Ronnie Duncan for Junior Achievement, encouraged individuals to submit nominations for the Lokey Humanitarian Awards. Council 2007-02-15 Item # j?2 Attachment number 1 Page 13 of 13 14. Adjourn The meeting adjourned at 7:58 p.m. Attest: Mayor City of C City Clerk Council 2007-02-15 Item # ill Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Approve an amended Development Agreement for property located at 301 S. Gulfview Blvd. (Hyatt) between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DV A 2004-00002 approved by City Council on December 2,2004, and amended under DV A2004-00002A, approved by City Council on January 19,2006) to eliminate a pedestrian overpass over South Gulfview Boulevard and adopt Resolution 07-10. (DV A2007-00001) SUMMARY: . The subject property is 1.56 acres located between South Gulfview Boulevard and Coronado Drive at Third Street. . On November 16, 2004, the Community Development Board approved a Flexible Development application (FLD2004- 07052) to amend a previously approved FL 01-01-01 (CDB approved on February 20,2001) to permit an additional 24 overnight accommodation units from the density pool (in addition to the previously approved 250 overnight accommodation units) as a mixed use, with a maximum of 70,000 square feet of amenities accessory to the hotel and a minimum of 400 public parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. That development proposal included a hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04 units/acre on total site) and a maximum of 70,000 square feet (0.98 FAR on total site) of amenities accessory to the hotel, at a height of 150 feet (to roof deck). . A Development Order was issued January 25,2007, approving a Minor Revision to the previously approved project for the following: - Loading and trash collection access has been relocated Second Street; - The internal helix has been replaced with a speed ramp to gain access from the ground floor to Parking Level 3; - The parking garage cashier booths have been relocated to Parking Level 3; - Driveways on the west side of the building on South Gulfview Boulevard have been removed; - Monumental stairs have been provided on the west side allowing access from the ground floor to the Hotel Level 2; - The east, north and south elevations of the building have been modified replacing the" solid" walls of the parking levels with decorative railings, arches and columns to more closely match that of the habitable floors of the hotel; - Vertical elements of the hotel towers on the north and south elevations have been modified to improve views and to coordinate with the parking levels; and - The roof profile has been modified to reduce the size of the mansard roof portions. . The submitted Development Agreement proposes to amend the previously approved Development Agreement to eliminate a pedestrian overpass over South Gulfview Boulevard. It is believed that the pedestrian bridge is unnecessary and that alternative access from ground-floor elevators to the parking garage will provide beachgoers a safe, at-grade access between the public parking in the garage and the beach. The crosswalk proposed will be similar to other crosswalks proposed along South Gulfview Boulevard as part of the Beach Walk project. The pedestrian bridge presents construction&~y~ especially seaward of the Coastal Construction Control Line within a velocity flood zone and also presents long-term maintenance issues. Additionally, the pedestrian bridge present aesthetic concerns relative to the Beach Wft~ # 3 . The proposed Development Agreement replaces the floor plans and elevations in the recorded Development Agreement with new floor plans and elevations, based on the Minor Revisions approved in January 2007 and by eliminating the pedestrian overpass. . The proposed Development Agreement provides for a concession facility in lieu of that previously provided in the pedestrian bridge landing, operating the same as previously agreed upon and with a similar size of facility (1,200 square feet maximum). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. Please refer to the staff report (DV A2007-00001) for the complete staff analysis. The Community Development Board reviewed this proposed amendment to the development agreement at its regularly scheduled meeting on February 20, 2007 and recommended approval. Review Approval: 1) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 2 SUBJECT/RECOMMENDA TION: APPROVAL of an amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DV A 2004-00002 approved by City Council on December 2, 2004, and amended under DV A2004-00002A, approved by City Council on January 19,2006) to eliminate a pedestrian overpass over South Gulfview Boulevard. (D V A2007 -00001) SUMMARY: o The subject property is 1.56 acres located between South Gulfview Boulevard and Coronado Drive at Third Street. o On November 16, 2004, the Community Development Board approved a Flexible Development application (FLD2004-07052) to amend a previously approved FL 01-01- 01 (CDB approved on February 20, 2001) to permit an additional 24 overnight accommodation units from the density pool (in addition to the previously approved 250 overnight accommodation units) as a mixed use, with a maximum of 70,000 square feet of amenities accessory to the hotel and a minimum of 400 public parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. That development proposal included a hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04 units/acre on total site) and a maximum of 70,000 square feet (0.98 FAR on total site) of amenities accessory to the hotel, at a height of 150 feet (to roof deck). o A Development Order was issued January 25, 2007, approving a Minor Revision to the previously approved project for the following: · With the availability of the Second Street right-of-way (deeded to the City), traffic circulations patterns on the ground floor have been revised to provide egress from the building to Second Street; · Loading and trash collection access has been relocated to Second Street; · The internal helix has been replaced with a speed ramp to gain access from the ground floor to Parking Level 3; · The parking garage cashier booths have been relocated to Parking Level 3; · Driveways on the west side on South Gulfview Boulevard have been removed; · Monumental stairs have been provided on the west side allowing access from the ground floor to the Hotel Level 2; · The east, north and south elevations of the building have been modified replacing the "solid" walls of the parking levels with decorative railings, arches and columns to more closely match that of the habitable floors of the hotel; · Vertical elements of the hotel towers on the north and south elevations have been modified to improve views and to coordinate with the parking levels; and · The roof profile has been modified to reduce the size of the mansard roof portions. o The submitted Development Agreement proposes to amend the previously approved Development Agreement to eliminate a pedestrian overpass over South Gulfview Boulevard. It is believed that the pedestrian bridge is unnecessary and that alternative access from ground-floor elevators to the parking garage will provide beachgoers a safe, at-grade access between the public parking in the garage and the beach. The crosswalk proposed will be similar to other crosswalks proposed along South Gulfview Boulevard as part of the Beach Walk project. The pedestrian bridge presents construction concerns, Item # 3 Attachment number 1 Page 2 of 2 especially seaward of the Coastal Construction Control Line within a velocity flood zone and also presents long-term maintenance issues. Additionally, the pedestrian bridge present aesthetic concerns relative to the Beach Walk. o The proposed Development Agreement replaces the floor plans and elevations in the recorded Development Agreement with new floor plans and elevations, based on the Minor Revisions approved in January 2007 and by eliminating the pedestrian overpass. o The proposed Development Agreement provides for a concession facility in lieu of that previously provided in the pedestrian bridge landing, operating the same as previously agreed upon and with a similar size of facility (1,200 square feet maximum). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. Please refer to the attached staff report (DV A2007-00001) for the complete staff analysis. The Community Development Board will review this Development Agreement at its public hearing on February 20,2007. Item # 3 Attachment number 2 Page 1 of 1 Aerial Map Owner: Crystal Beach Capital, LLC Case: 229 and 301 South Gulfview Boulevard Property 230,300 and 304 Coronado Drive Size(Acres): FLD2007-01001 DV A2007-00001 1.63 Site: 07/29/15/52380/000/0570 PIN: 07/29/15/52380/000/0580 07/29/15/52380/000/1050 Atlas Page: 276A Item # 3 Owner: Attachment number 3 Page 1 of 1 I I I , L--__J "l-N-~_~ ! ,-----, I ,__ II ! I, , I, I 105 I, -, 1- I --__\ ~ j 100 FIRST ST "I , , , , r-J -'-- 11 1_ 218 City parking lot and beach I , ! , '- Lzrg___, _ '--L--__2.31J r;~---"'--, -----1 ! : 3~ - , , ) " -J--L-1 ! ' ,-, J 3'&. r--_r.... 251 Existing Surrounding Uses Map Crystal Beach Capital, LLC Case: FLD2007-01001 DV A2007-00001 Site: 229 and 301 South Gulfview Boulevard 230,300 and 304 Coronado Drive 1.63 Property Size(Acres): PIN: 07/29/15/52380/000/0570 07/29/15/52380/000/0580 07/29/15/52380/000/1050 Atlas Page: 276A Item # 3 Owner: Site: Crystal Beach Capital, LLC 229 and 301 South Gulfview Boulevard 230,300 and 304 Coronado Drive p OS/R r--- L_ Attachment number 4 Page 1 of 1 I I I ~-- -'j..f}..j ""L_...J : I l I 1_- I I I I I I 105 I I I 1__/ ----\ ~ J I I _J 100 I 1 I ,-" I I I I : " 2~L_i ~ o Q ~ o ~ (,) 217 218 ~L I I 219 I'__.JI LJ ,------,r--, .....J I "II I I I I 1_ L2:7g___, _ '--L--__2:3J) r;~---"'--, -1 I I 3~ -- i-J-i I I -~ I THIRD ST 251 [==-~ p -I Zoning Map Case: FLD2007-01001 DV A2007-00001 Property Size(Acres): 1.63 PIN: 07/29/15/52380/000/0570 07/29/15/52380/000/0580 07/29/15/52380/000/1050 Atlas Page: 276A Item # 3 View looking northeast at subject site from S. Gulfview Blvd. at 3rd Street View looking northwest at subject site from Coronado Drive at 3rd Street View looking north along S. Gulfview Blvd. at property to the north of subject site View looking southeast at subject site from S. Gulfview Blvd. at 3rd Street View looking southwest at subject site from Coronado Drive at 3rd Street View looking north along Coronado Drive at property to the north of subject site 229 & 301 South Gulfview/230, 300 & 304 Coronado Drive FLD2004-07052/DV A2004-00002 Itefj>lg~ 1 of 2 View looking northeast at properties along Coronado Drive north of 3rd Street View looking southwest from Coronado Drive at property to the south of subject site View looking southeast at properties along Coronado Drive south of 3rd Street View looking southeast from S. Gulfview Blvd. at properties to the south of subject site View looking west at City parking lot and beach west of S. Gulfview Blvd. and subject site 229 & 301 South Gulfview/230, 300 & 304 Coronado Drive FLD2004-07052/DV A2004-00002 It~g632 of 2 Attachment number 7 Page 1 of 1 RESOLUTION 07-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING THE SECOND AMENDMENT TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CRYSTAL BEACH CAPITAL, LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater and Crystal Beach Capital, LLC, successor in interest to Clearwater Seashell Resort, LLC, parties to a Development Agreement previously approved by Resolution No. 01-06, modified by Resolution No. 04-35 and by Resolution No. 05-40, desire to further modify said Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Second Amendment to the Second Amended and Restated Development Agreement between the City of Clearwater and Crystal Beach Capital, LLC., a copy of which is attached as Exhibit "A", is hereby approved. Section 2. Pursuant to S 163.3239, Florida Statutes (2006), the City Clerk is hereby instructed to record the Amended Development Agreement with the Clerk of the Circuit Court in Pinellas County within fourteen (14) days of execution, and to send a copy of the recorded Development Agreement to the state land planning agency within fourteen (14) days after it is recorded with the Clerk of the Circuit Court. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _ day of ,2007. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution "enn # 3 Attachment number 8 Page 1 of 8 PREPARED BY AND WHEN RECORDED RETURN TO: Stephen J. Szabo, Esquire Foley & Lardner LLP 100 N. Tampa Street, Suite 2700 Tampa, Florida 33602 SECOND AMENDMENT TO SECOND AMENDED AND REST A TED DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER BETWEEN THE CITY OF CLEARWATER, FLORIDA AND CRYSTAL BEACH CAPITAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY DATED AS ,2007 TAMP _514895.3 Item # 3 Attachment number 8 THIS SECOND AMENDMENT TO SECOND AMENDED AND REST A rntJ of 8 DEVELOPMENT AGREEMENT (the "Amendment") is made as of this _ day of , 2007 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and CRYSTAL BEACH CAPITAL, L.L.c., a Florida limited liability company (the "Developer"). WITNESSETH WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in title, are parties to that certain Second Amended and Restated Development Agreement as recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida, as subsequently amended by that certain First Amendment to Second Amended and Restated Development Agreement dated February 1, 2006 (together, the "Development Agreement"); and WHEREAS, to insure and execute the City's goals of revitalizing Clearwater Beach in accordance with Beach By Design, the City has imposed certain restrictions upon the Developer and individual Unit Owners as detailed in the Development Agreement and the exhibits attached thereto; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Development Agreement, as more fully set forth herein below. NOW, THEREFORE, in consideration of the sum of $10 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Capitalized Terms. Capitalized terms not otherwise defined in this Amendment shall have the meaning ascribed to such terms in the Development Agreement. 3. Definition of Garage Access Improvements. The definition of Garage Access Improvements is amended as follows: "Garage Access Improvements" means the stairwell(s), landing(s), arcade, elevated sidewalk, and facilities to provide concessions along the western facade of the Project (but not within the resort building) providing access to the proposed garage which garage shall include at least four hundred (400) parking spaces as a part of the Project which are to be available to the general public, as more particularly described on Exhibits Hand L. The Garage Access Improvements shall be owned and maintained by the Developer in accordance with operating standards compatible with the Hotel. 4. Section 5.04, paragraph 7 is amended as follows: Concessions. The City shall grant the Developer authority to operate concessions on land to the west of the existing centerline of South Gulfview Drive, adjacent to the Project site, subject to any existing franchise or concession rights and compliance with all requirements of the City Code, and subject to a license agreement to be approved by the City, substantially TAMP _514895.3 Item # 3 TAMP _514895.3 in the form as Exhibit K. The license agreement shall be for a term of 50 years, commencing on the date the facilities are available for use, and be subject to a right of termination by the City for an uncured breach of a material obligation by the Developer. Such concessions may include a facility open to the public which provides towels, lockers, minimal beach sundries, and other beach gear required to operate a first-class beach hotel, but not including benches, lounges, umbrellas and side tables. The concession facility shall be no more than 1,200 square feet, MOL, be no higher than one story and shall not display the name Hyatt or any other hotel-related mark on the structure of the facility. Additionally, the persons working within the facility shall wear no pins or other identification bearing the name Hyatt or any other hotel-related mark. Such facilities shall be constructed in the location as more particularly depicted on Exhibit H. Notwithstanding the foregoing, in regard to beach chairs, lounges, umbrellas, side tables and the level of services associated with the provision thereof ("Beach Concessions"), the City shall retain the right to utilize a concessionaire to provide said Beach Concessions. The City agrees that the City concessionaire shall offer the Beach Concessions which comply with the standards set out on Exhibit L, attached hereto and made a part hereof. If the City's franchisee fails to comply with the standards in Exhibit L Developer may send written notice to the City specifying the non-compliance, after which the City has thirty (30) days to cure said non-compliance. In the event that the non-compliance is not cured within thirty (30) days, the City agrees that the Developer may thereafter provide the Beach Concessions and shall retain all income derived therefrom. If the Developer assumes control of the Beach Concessions, Developer shall have a five year term to operate the Beach Concessions, subject to the provisions hereinbelow. The Beach Concessions may be located only on that portion of the beach directly west of the Project Site and as defined by two parallel lines running from the northern-most boundary of the project and the southern-most boundary of the project west to the mean high water mark.. Further, there shall be no indication or branding on chairs, tables, umbrellas or other similar items sold or rented from the concession facility bearing the name Hyatt or any other hotel-related mark. If the Developer assumes control of the Beach Concessions, and the City receives documented complaints that the Beach Concessions are being denied to non-hotel guests, or if Developer fails to comply with the standards set out in Exhibit L, the City may send written notice to Developer specifying the non-compliance. In the event that the non-compliance is not cured within thirty (30) days, the City may take back the Beach Concessions. 2 Attachment number 8 Page 3 of 8 Item # 3 5. Section 5.04, Paragraph 11. entirety and replaced with the following: Attachment number 8 Section 5.04, Paragraph 11 is deleted iba\its4 of 8 "Garage Access Improvements. The Developer shall be responsible for the design, construction and funding of the Garage Access Improvements. The City agrees to grant to the Developer an easement for the construction, use and occupancy of the Garage Access Improvements." 6. Floor Plans and Elevations. The floor plans and elevations attached to the Development Agreement and recorded in Official Records Book 13996, Pages 2471 through 2491 are deleted in their entirety and replaced with the floor plans and elevations attached hereto as Exhibit "B." 7. Approvals and Permit Lists. Exhibit "G" of the Development Agreement is amended to delete the following: "Pedestrian Bridge, Elevated Walk & Beach Elevator Public Service Facility (building permit)" and insert in lieu thereof the following: "Building Permit for Landing, Arcades, Elevated Sidewalk and Facilities and Concession Building." 8. Beach Walk Public Improvements. Exhibit "H" of the Development Agreement as recorded in Official Records Book 13996, Page 2504 is deleted in its entirety and replaced with Exhibit "H" attached hereto and incorporated herein by reference. 9. License Agreements. Exhibit "K" of the Development Agreement is hereby amended to delete all references to "Elevated Beach Access Facility" as described therein. SIGNATURE PAGES TO FOLLOW 3 TAMP _514895.3 Item # 3 Attachment number 8 Page 5 of 8 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the date set forth in the first paragraph of this Amendment. THE CITY OF CLEARWATER, FLORIDA Attest: By: By: City Clerk Mayor Approved as to form: Pamela K. Akin, Esquire City Attorney STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 2007 by and , the Mayor and the City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City. Notary Public - Signature Print Name: My Commission Expires: [SIGNATURES CONTINUED ON NEXT PAGE] 4 TAMP _514895.3 Item # 3 Signed, sealed and delivered in the presence of: Attachment number 8 CRYSTAL BEACH CAPITAL, LLC'age 6 of8 By: NJR DEVELOPMENT COMPANY, L.L.c., its sole manager (Witness Signature) Print Name: Neil J. Rauenhorst, its Manager (Witness Signature) Print Name: STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this _ day of 2007, by Neil J. Rauenhorst, manager of NJR Development Company, L.L.c., sole manager of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select one:] ( ) is personally known to me; or ( ) produced a Florida driver's license as identification Notary Public - Signature Print Name: My Commission Expires: TAMP _514895.3 Item # 3 Exhibit "B" Attachment number 8 Page 7 of 8 Floor Plans and Elevations TAMP _514895.3 Item # 3 Attachment number 8 Page 8 of 8 Exhibit "H" Beach Walk Public Improvements TAMP _514895.3 Item # 3 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Continue second reading of Ordinances 7784-07, 7785-07, 7786-07, approving the Petition for Annexation, Future Land Use Plan Amendment and Zoning Atlas Amendment for 205 North Belcher Road ((M/B 33/12, Lot 2,30, & 29 Block D, Temple Terrace Subdivision in Section 7, Township 29 South and Range 16 East)to April 4, 2007. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) SUMMARY: The listed vehicles and equipment have been recommended for declaration of surplus and disposal by the appropriate department director. Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. Appropriation Code 0010-00000- 365900-000-0000 Amount Revenue to be determined at time of sale. Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 1 Fleet Surplus for February 15, 2007 REASON FOR ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL 1 G0575 1990 CROSLEY 6X20 Trailer CTLCU6204LS003423 N/A Age & Condo 2 G0576 1990 CROSLEY 8X14 Trailer CTLCU8146LS003424 N/A Age & Condo 3 G0958 1980 Ford F700 National Crane Truck F70HVJD6402 33,288 Too costly to re-certify 4 G1422 1995 Ford F800 Aerial Bucket Truck 1 FDXF80C75V A38784 77,448 Age & Condo 5 G1825 1998 Ford F700 Cab & Chassis (LP) 1 FDXF708XWVA20551 123,018 Age & Condo 6 G1828 2000 Toro 3100D Reel Mower 200000601 N/A Age & Condo 7 G1892 1997 National Gang Reel Mower 1197 N/A Age & Condo 8 G1916 1998 CCC Leach Rear Loader Refuse 1 CYCCK48XWT043489 94,273 Age & Condo 9 G1917 1998 CCC Leach Rear Loader Refuse 1 CYCCK488WT043488 99,294 Age & Condo 10 G1918 1998 CCC Leach Rear Loader Refuse 1 CYCCK486WT043487 84,650 Age & Condo 11 G2022 1998 Stone Concrete Mixer 4398376 N/A Age & Condo 12 G2025 1998 Stihl Concrete Saw 36087922 N/A Age & Condo 13 G2026 1998 Stihl Concrete Saw 36086077 N/A For Parts- bad motor 14 G1838 1997 Stihl Concrete Saw 336076416 N/A Age & Condo 15 G2251 2000 Toro 3100D Reel Mower 200000592 N/A Age & Condo 16 G2530 2003 HONDA TRX 350 RANCHER ATV 478TE240334201501 N/A Age & Condo 17 G2539 2002 Kawasaki Mule 3010 JK1 AFCEiX28517619 N/A Age & Condo 18 G2540 2002 Kawasaki Mule 3010 JK1 AfFCEB2B51761 0 N/A Age & Condo 19 G2036 1999 Ford Ranger pick up truck 1FTYR10V3XUA77474 83237 No reverse gear 20 Blackhawk T-2 1000 Ib Transmission Jack Leaks oil 21 Uni-Hoist -Confined Space Lifting System Obsolete Item # 5 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Approve the award of Bid 13-07 Gas Material Meters and Regulators Lines 1,2, 3, 4, 6, 7, and 15 in the amount of $232,000 to M.T. Deason Company, Incorporated for the period March 5, 2007 to March 7,2008 and authorize the appropriate officials to execute same. (consent) SUMMARY: M.T. Deason Company, Incorporated, P.O Box 101807, Birmingham, AL 35210 was the low bidder who met specifications on Bid 13-07 for Lines 1,2,3,4,6, 7, and 15 with an actual bid of $231,670. Funding is available in Pinellas New Mains and Service Lines 315-96377 ($100,000) and Pasco New Mains and Service Lines 315-96378 ($132,000) in the Clearwater Gas System budget. This material is code approved and will be used in the Clearwater Gas System Distribution System to include our expansion into central Pasco County, and City of Clearwater neighborhoods. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $232,000 Annual Operating Cost: Total Cost: $232,000 2006 to 2007 Appropriation Code 315-96377 315-96378 Amount 100,000 132,000 Appropriation Comment Pinellas Pasco Bid Required?: Other Bid / Contract: Yes Bid Number: Bid Exceptions: 13-07 None Review Approval: 1) Clerk Cover Memo Item # 6 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Ratify and confirm City Manager's award of $60,225 to Extensys, Inc., Palm Harbor, FL, and increase by $129,775 for a total award of $190,000 for computer hardware, software, maintenance, and network consulting services, authorize lease purchase under the City's master purchase agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: Extensys, a state contract technology consulting firm and V AR, provides solutions for computer hardware, software, maintenance, and professional services for network operations and design. Previous work was approved to Extensys in the amount of $60,225 for network equipment maintenance services and the purchase of a back-up tape library system. Additional purchases of storage hardware, HP server maintenance and consulting services will increase total purchases over $100,000, requiring council approval. These additional purchases will be funded partially from project 316-94824, Disaster Recovery Project, and operating code 555- 09862-546200-519-000 (maintenance). In addition to state contact status, Extensys has repeatedly performed well in quote comparisons for each of the purchases identified. Appropriation Code 0316-94824-564000-519-000 0555-09862-546200-519-000 0555-09862-546200-519-000 0316-94814-564000-519-000 Amount $99,950.00 $29,825.00 $33,325.00 $26,900.00 Appropriation Comment Bid Required?: Other Bid / Contract: No State Contract #973-561-06-1 Bid Number: Bid Exceptions: Other Government Bid Review Approval: 1) Clerk Cover Memo Item # 7 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Award a contract (purchase order) to Air Mechanical of Tampa, FL, in the amount of $147,869.00 for the purchase and installation of one replacement air conditioning chiller for City Hall, per the City of Clearwater Bid #12-07 and authorize the appropriate officials to execute same. (consent) SUMMARY: Air Mechanical provided the lowest bid. The current chiller requires constant repairs, has reach the end of its useful life and is not reliable. In the event that the City Hall building is replaced before the end of the chiller's life, it can be moved to another location for continued use. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: None $147,869.00 Annual Operating Cost: Total Cost: $35,480.00 $183,349.00 2005 to 2006 Appropriation Code 0315-94510-546200-590-00 Amount $147,869.00 Appropriation Comment A/C Replacement CIP Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: 12-07 None Cover Memo Item # 8 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Award a contract (purchase order) to United Air Conditioning of Largo, FL, in the amount of $104,222.00 for the purchase and installation of replacement air conditioning systems for the Countryside Police Sub-station per the City of Clearwater Bid 11-07 and authorize the appropriate officials to execute same. (consent) SUMMARY: United Air Conditioning provided the lowest bid. The current systems have reach the end of their useful life and are included in the air conditioner replacement CIP. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-94510-546200-590-000 Capital expenditure Yes Budget Adjustment: None $104,222.00 Annual Operating Cost: Total Cost: $12,678.25 $116,900.25 2005 to 2006 Amount $104,222.00 Appropriation Comment A/C Replacement CIP Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: 11-07 None Cover Memo Item # 9 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Ratify and confirm Change Order No.2 to Rowland, Inc. of Pinellas Park FL, for the Del Oro Groves RCW System Contract (04- 0022-UT) increasing the contract amount by $167,054.87 for a new contract total of $4,000,760.91, approve a extension of thirty (30) days to the contract time and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract was approved by the City Council on May 18, 2006 for $3,667,030.68. Change Order 1 was approved by the City Council on July 20,2006, increasing the contract amount by $166,675.36 for a new contract total of $3,833,706.04. This was for the installation of a potable water main on Windward Passage. This change order is necessary to decrease unused items, increase necessary items, and the addition of new items to the RCW Distribution, RCW Transmission, Potable Water Distribution, and the East Plant Improvements portions of the original contract. This change order also closes out the Windward Passage Water Main portion of the contract and adds the installation of a new Reclaimed Water Main on Ft. Harrison A venue. Since more work is being added it is necessary to increase the contract time by thirty (30) days. Resolution 06-53 was passed on October 15,2006, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds when issued is available in project 0376-96739, Reclaimed Water Distribution System in the amount of $42,766.10. Sufficient budget and revenue are available in the 06 Water & Sewer Revenue Bond construction fund project, 0378-96759, Water Main Phases 15-16-17 in the amount of $1,984.75, and in the amounts of $102,711.75 and $19,592.27 in the Capital Improvement Program projects, 0315- 96739, Reclaimed Water Distribution System and 0315-96741, System R & R - Capitalized respectively. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure None Budget Adjustment: None Annual Operating Cost: Total Cost: to Appropriation Code 0376-96739-563800-533-000- 0000 0378-96759-563800-533-000- 0000 0315-96739-563800-533-000- Amount $42,766.10 Appropriation Comment Cover Memo $1,984.75 Item # 10 $102,711.75 0000 0315-967 41-563800-533-000- 0000 $19,592.27 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Change Order Bid Number: Bid Exceptions: Other Cover Memo Item # 10 Attachment number 1 Page 1 of 4 CHANGE ORDER # 2 Date: February 12, 2007 PROJECT: Del Oro Groves RCW System PROJECT NUMBER: 04-0022- UT PO REFERENCE NO.: ST 102283 CONTRACTOR: Rowland, Inc. 6855102nd Avenue North Pinellas Park, Fl. 33782 DA TE OF CONTRACT: May 31, 2006 SCOPE OF CHANGE: CODE:0315-96739-563800-533-000-0000 A 0378-96759-563800-533-000-0000 B 0315-96664-563800-535-000-0000 C 0315-96741-563800-533-000-0000 D 0376-96739-563800-533-000-0000 E THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT CO#l (Approved by Council 07/20/06) CO#2 NEW CONTRACT AMOUNT $3,667,030.68 $166,675.36 $167,054.87 $4,000,760.91 Rowland, Incorporated By: (SEAL) Kenneth Rowland, President Frank Hibbard, Mayor Date: Witnesses: Carlos Colon, Assistant City Attorney ATTEST: Recommended By: City of Clearwater Cynthia E. Goudeau, City Clerk Gary A. Johnson, CGC Public Services Director Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Michael D. Quillen, P.E. City Engineer Item # 10 Page 2 of 4 Change Order #2 - Del Oro Groves RCW System Attachment number 1 Page 2 of 4 ITEM DESCRIPTION Additions for Code A 0315-96739-573800-533-000-0000 Additions to RCW Transmission Construction 139 Conc. Valve Pads (RCW Trans.) 25 50 Yard Piping-Delete 36"x18" Reducer 36 Manual AR V and Box Additions to RCW Distribution Construction 140 Conc. Valve Pads (RCW Dist.) 141 Automatic ARV and Box Additions to East Plant RCW Pumpine Station 142 Install 36" x 18" TSV & Wet Tap 143 Extra Pump-2 Months Service 144 50 ft. Storage Tank-Move In 145 50 ft. Storage Tank-Move Out 146 Rental of 50 ft. Storage Tank-2 Months 147 Fabricate Tank Dolly & Cradle 148 Additional Tank Modifications- Weldinl UNIT UNIT COST TOTAL COST 1 $4,600.00 L.S. 10 $570.00 Each Each $116.75 $2,918.75 70 10 $116.75 $2,195.00 $8,172.50 $21,950.00 Each Each 1 Each $14,921.00 $14,921.00 1 Each $20,125.00 $20,125.00 1 Each $10,465.00 $10,465.00 1 Each $10,465.00 $10,465.00 1 Each $7,935.00 $7,935.00 1 Each $11,845.00 $11,845.00 1 Each $3,047.00 $3,047.00 Additions to RCW Distribution Construction Add. Alt. 149 Conc.Valve Pads (RCW Add. All.) 10 Each $116.75 SUBTOTAL (Additionns to Code A) NET TOTAL (DECREASES)/ADDITIONAL ITEMS CODE A $1,167.50 $113,011.75 $102,711.75 Additions to Code B 0378-96759-563800-533-000-0000 Additions to Water Main Replacement-Code B 150 Conc.Valve Pads (Potable) Subtotal Additions to Code B 17 Each $116.75 SUBTOTAL (Additions to Code B) NET TOTAL ADDITIONAL ITEMS CODE B $1,984.75 $1,984.75 $1,984.75 Item # 10 Attachment number 1 Page 3 of 4 Page 3 of 4 Change Order #2 - Del Oro Groves RCW System ITEM UNIT UNIT COST TOTAL COST 118 8" PVC Pipe 60 L.P. $34.35 120 6" PVC Pipe 14 L.P. $33.40 125 6"x6" TSV 1 Each $2,150.00 128 Relocate Fire Hydrant & Valve 1 Each $1,175.00 130 Grout Existing 6" Water Main 125 L.P. $10 .40 131 Remove Existing Piping 1,047 L.P. $5.50 137 Root Pruning 68 L.P. $9.40 138 10% Contingency 1 L.S. $15,152.31 Additions to Code D 0315-96741-563800-533-000-0000 Additions to Windward Passaee Water Main Improvements-Code D 151 1" Water Services 19 Each $600.00 152 Grout Existing 6" Water Main 691 L.P. $5.50 153 Conc. Valve Pads (Potable) 8 Each $116.75 SUBTOTAL (Additions to Code D) $11,400.00 $3,800.50 $934.00 $16,134.50 Increases to Code D 0315-96741-563800-533-000-0000 Increases to Windward Passaee Water Main Improvements-Code D 117 8" Ductile Iron Pipe 47 L.P. $65.85 119 6" Ductile Iron Pipe 32 L.P. $129.30 121 Compact Ductile Iron Fittings 0.363 Tons $7,125.00 122 8" Restrained Joints 2 Each $71.00 123 6" Restrained Joints 35 Each $34.00 127 6" M.J. Gate Valve 3 Each $895.00 132 Concrete Curb Replacement 100 L.P. $30.50 133 Concrete Sidewalk Replacement 462 S.P. $8.60 134 Asphalt Roadway Replacement 18 S.Y. $61.25 135 Asphalt Driveway Replacement 146 S.Y. $53.25 136 Sod Replacement 445 S.Y. $5.45 SUBTOTAL (Increases to Code D) NET TOTAL (DECREASES)/ADDITIONAL ITEMS/INCREASES TO CODE D $3,094.95 $4,137.60 $2,586.38 $142.00 $1,190.00 $2,685.00 $3,050.00 $3,973.20 $1,102.50 $7,774.50 $2,425.25 $32,161.38 $19,592.27 Item # 10 Page 4 of 4 Change Order #2 - Del Oro Groves RCW System ITEM DESCRIPTION UNIT COST QUANTITY UNIT Attachment number 1 Page 4 of 4 TOTAL COST Additional Items-Misc. RCW Extensions-Ft. Harrison-Code E-0376-96739-563800-533-000-0000 154 8"x4" TSV 1 Each $2,825.00 155 4" DR11 HDPE RCW Pipe 823 L.P. $37.00 156 1" Services 4 Each $830.75 157 Blow-Off Assembly 1 Each $2,400.00 158 Automatic ARV & Box 1 Each $2,195.00 159 Sod Replacement 1400 S.P. $0.54 160 Sidewalk Replacement 75 S.P. $7.50 161 Curb Replacement 8 L.P. $31.70 SUBTOTAL (Additions to Code E) NET TOTAL ADDITIONAL ITEMS TO CODE E $2,825.00 $30,451.00 $3,323.00 $2,400.00 $2,195.00 $756.00 $562.50 $253.60 $42,766.10 $42,766.10 SUMMARY NET TOTAL DECREASES/ADDITIONAL ITEMS/INCREASES TO CODE A NET TOTAL DECREASES/ADDITIONAL ITEMS/INCREASES TO CODE B NET TOTAL DECREASES/ADDITIONAL ITEMS/INCREASES TO CODE D NET TOTAL DECREASES/ADDITIONAL ITEMS/INCREASES TO CODE E NET TOTAL DECREASES/ADDITIONAL ITEMS/INCREASES $102,711.75 $1,984.75 $19,592.27 $42,766.10 $167,054.87 Item # 10 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Approve a work order to Parsons Water & Infrastructure Inc. of Tampa, FL, an engineer ofrecord, in the amount of $124,837.00 for professional engineering services related to the Chloride Cap - Monitoring Wells Project (05-0062- UT), and that the appropriate officials be authorized to execute same. (consent) SUMMARY: The City of Clearwater (CITY) has requested the services of Parsons Water & Infrastructure Inc. (Parsons) and its subcontractors SDI Environmental Services, Inc. (SDI) and Advanced Technological Systems, Inc. (ATS) to site and install 3 upper Floridan aquifer (Production Zone A) monitor wells as required by the recently modified Water Use Permit (WUP) Previous efforts as part of this project involved modifications to the City's water use permit through the Southwest Florida Water Management District (SWFWMD). A key change in the permit requirements involved a relocation of the required sampling points from the actual production wells to monitoring wells that more accurately reflect surrounding conditions and will give better indication of any potential impacts to adjacent water users. The purpose of this work order is to design, permit, inspect and test 3 new monitoring wells. The placing of these new wells will provide sampling data in areas where our existing monitoring wells do not. This will enable the City to take samples and report water quality for our entire well field. Project duration is expected to be 290 calendar days with completion by the end of 2007. The schedule includes the time allowance for well drilling. The well drilling services will be competitively bid and completed under a separate contract. Sufficient budget and revenue are available in Capital Improvement Program project, 0378-96764, RO Plant Expansion in the amount of $41,200 and Capital Improvement Program project, 0378-96763, Well field Expansion in the amount of $83,637 to provided the funding needed for this work order. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure None Budget Adjustment: None $124,837.00 Annual Operating Cost: Total Cost: $124,837.00 to Appropriation Code 0378-96764-561300-533-000- 0000 0378-96763-561300-533-000- 0000 Review Approval: 1) Clerk Amount $41,200 Appropriation Comment see summary section $83,637 see summary section Cover Memo Item # 11 Attachment number 1 Page 1 of 10 CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM PARSONS WATER & INFRASTRUCTURE INC. Date: January 18,2007 Project Number: City Project Number: 04-0029-UT 1. PROJECT TITLE: Chloride Monitoring Well Implementation Project, Phase III - WUP Modification Monitor Wells 2. SCOPE OF SERVICES: The City of Clearwater (CITY) has requested the services of Parsons Water & Infrastructure Inc. (Parsons) and its subcontractors SDI Environmental Services, Inc. (SDI) and Advanced Technological Systems, Inc. (ATS) to site and install 3 upper Floridan aquifer (Production Zone A) monitor wells as required by the recently modified WUP submitted to the Southwest Florida Water Management District. Task 1.0 Kick-Off Meeting Representatives: Parsons and SDI The purpose of this meeting is to review the scope of services and schedule for the project, and to discuss the general locations that will be considered for siting of the wells. Meetings: Kick -Off Deliverables: Meeting Minutes Task 1.1 Monitor Well Siting Primary Responsibility: SDI with support by Parsons A hydrogeologic investigation will be conducted to confirm the location of the three monitor wells. The investigation will consider hydrogeology, environmental factors, and location of existing wells. Preference will be given to CITY-owned land that can accommodate a monitor well about 500 to 1,000 ft. from the production well. The anticipated locations of the three monitor wells will be near production wells 58, 77 and 78. For cost estimating purposes, it has been assumed that all three sites on CITY- owned land will prove suitable for the installation of the monitor wells and no further site investigations will be required. 1 of 10 Item # 11 Attachment number 1 Page 2 of 10 Meetings: Meeting to discuss Draft Technical Memorandum Deliverables: Draft and Final Siting Technical Memorandum Task 1.2 Legal Descriptions, Boundary, and Topographic Surveying Responsibility: CITY Engineering Department The CITY will provide surveying services as needed to properly document each of the three sites including any legal descriptions that may be required, metes and bounds descriptions for section breakdown and/or acreage parcels, section boundaries to establish landlines as needed to tie into known horizontal control, mapping of any aboveground or belowground utilities or improvements, maps, atlases, and locate sub- surface utilities, topographic survey showing all surface features, trees (4-inch DBH and above), and I-foot contours, and after completion of drilling activities, identify the elevation data to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal), west zone, state plane coordinates, in feet for the 3 monitor wells. Meetings: Status reported in monthly progress meetings. Deliverables provided by the CITY: Legal description, boundary survey, production well and monitor well survey, topographic survey and map showing location of above ground and sub-surface utilities and other obstructions. Task 1.3 Site Research and Acquisition Negotiations Responsibility: CITY Engineering Department It is anticipated that CITY-owned land or utility rights-of-way are available for locating the three monitor wells and no other services to acquire land will be required. It is also anticipated the CITY Public Utilities & Engineering Departments will negotiate with other CITY departments for the acquisition and access to CITY -owned land identified for construction of the monitor wells without further assistance by Parsons or SDI. Meetings: Status reported in monthly progress meetings. Deliverables: None required Task 1.4 Design and Bidding Assistance Primary Responsibility: Parsons with support by SDI This task includes preparation of drawings and specifications for bid by qualified drillers to construct three (3) monitoring wells, review of submitted bids, recommended bid award and permitting assistance. Drawings shall be prepared in accordance with the CITY's 2 of 10 Item # 11 Attachment number 1 Page 3 of 10 format requirements. Standard CITY technical specifications will also be utilized as applicable. For preparation of site plans, each acquired site will be surveyed as described in Task 1.2 to identify and locate relevant features (i.e., trees, culverts, etc.), above and below ground utilities and provide the location of the proposed wells based on surveying services provided by the CITY. Ground penetrating radar surveys will also be conducted over the proposed drilling sites. Six (6) sets of drawings, specifications and estimates of probable costs will be submitted to the CITY for review at 90 percent and final designs. Final documents shall incorporate all comments as approved and/or modified by the CITY or an explanation of their omission shall be provided. Upon the final approval by the CITY, the Parsons and SDI shall provide the CITY with the following items: o 1 set of Construction Drawings (signed and sealed by responsible licensed professional) o 1 set of Construction Specifications (signed and sealed by responsible licensed professional) o 1 copy of Engineer's Opinion of Cost o 1 CD ROM containing all of the above (including Contract Drawings III AutoCADD 2006 format) Parsons and SDI shall review bids as provided by the City, provide an evaluation and recommendation for award and prepare and provide one addendum during the bidding. Meetings: 90 percent design level review meeting Pre-bid meeting Deliverable: · 90 percent drawings, specifications and estimates of probable costs. · Final drawings, specifications and estimates of probable costs. · Bid drawings and specifications · Bid review summary and award justification memorandum · One addendum (as required) Task 1.5 Monitor Well Permitting Primary Responsibility: Selected Driller with support from SDI and PARSONS The selected Driller will be responsible for applying and receiving all necessary permits for construction of the monitor wells including Well Construction Permits from the District and Generic Permits from Florida Department of Environment (FDEP) for discharge of well water during construction as will be indicated in the bid documents described in Task 1.4. The contractor will be required to submit copies of the permits to the CITY and Parsons for acceptance prior to construction. 3 of 10 Item # 11 Attachment number 1 Page 4 of 10 Meetings: Status reported in monthly progress meetings. Deliverables: Approved permit applications Task 1.6 Well Construction Inspection Services Inspection Services: SDI with support by Parsons This task includes inspection of drilling and well construction and collection of water quality samples and analysis during an estimated construction period of 2 months. At each monitor well site, 1 monitor well will be installed. Each of the monitor wells will be constructed similarly. It is anticipated that 60 feet of 8-inch diameter surface casing will be installed and that a 6-inch diameter open borehole will be drilled to about 150 feet bls. The monitor wells will be completed in the Zone A production zone. During drilling, water samples will be collected at every rod change and field analyzed for pH, conductivity, turbidity, DO, and temperature. Once the monitor well has been completed, it will be developed using the double-tube airlift method. A standard geophysical suite of logs will be run on each well. Under static conditions, temperature, caliper, gamma, short and long normal resistivity, fluid conductivity and fluid velocity logging will be done. Under pumping conditions, temperature, fluid conductivity, and fluid velocity logging will be done. It is assumed that water discharged during development and geophysical logging can be discharged to a surface water feature or stormwater drain within 1,000 feet of the monitor well. After each well has been installed arrangements for the discharge of test water will be made. If discharge to a retention pond without overflow is not possible, then groundwater samples will be collected and analyzed from each well to determine if the water can be discharged as stormwater or can be discharged to the CITY's sanitary sewer collection system. If the sample results do not exceed the stormwater screening values, a generic permit for the discharge will be prepared, submitted and work will proceed with discharge to the nearest stormwater conveyance system. If any of the parameters exceed the applicable screening values, then discharge to the CITY's sanitary sewer collection system will be considered. Arrangements for this discharge will be coordinated by the City of Clearwater's Utilities Department. If any of the parameters exceed the CITY's Industrial Pretreatment Program (IPP), then treatment of the water may be necessary prior to discharge to the sewer. This work authorization does not include the engineering services for the design, fabrication and installation for a treatment system of this kind. SDI will monitor the drilling activities during the well installations and geophysical logging of the monitor wells and will describe rock cuttings, and interpret geophysical logs. It is assumed for cost estimating and scheduling that only one drill rig will be used and that the drilling and testing program will be 2 months in duration. 4 of 10 Item # 11 Attachment number 1 Page 5 of 10 Meetings: Status reported in monthly progress meetings. Deliverable: Included in Task 1.8 deliverables Task 1.7 Monitor Well Sampling Primary Responsibility: SDI with support by Parsons Monitor well water quality samples will be collected after all 3 monitor wells have been installed. These water samples will be analyzed for TDS, chloride and sulfate. Meetings: Status reported in monthly progress meetings. Deliverables: Included in Task 1.8 deliverables Task 1.8 Monitor Well Drilling and Analysis Report Primary Responsibility: SDI The results of drilling and the water quality sampling of the production and monitor wells will be summarized in a well drilling and sample analysis report. It is assumed that 1 Draft Report in electronic format will be submitted for review and that 6 hard copies and 1 electronic copy of the Final Report will be submitted. This will be submitted by the City to the District to fulfill the Permit Conditions. Meetings: Meeting to discuss draft report Deliverables: Draft and Final Monitor Well Drilling and Analysis Report Task 1.9 Monthly Progress Meetings Representatives: As needed and related to topics discussed At least once a month, a progress meeting will be scheduled to discuss the status and any issues related to the project. Progress meetings will be scheduled to coincide with other project meetings as listed under Tasks 1.1 through 1.8 as feasible. Teleconference calls will also be used for progress meetings as appropriate. Meetings: Eight meetings co-scheduled with required project meetings, as feasible. Deliverables: Agenda and action item lists Services (not included) to be negotiated and authorized separately as needed: . Environmental Phase I Audits of monitor well sites . Land acquisition assistance as described in Task 1.3 5 of 10 Item # 11 Attachment number 1 Page 6 of 10 . Surveying and utility locating services as described in Task 1.2 3. PROJECT DELIVERABLES: The deliverables as described and listed in Tanks 1.0 through 1.9 include: . Kick-Off Meeting Minutes . Draft and Final Technical Memorandum on Results of Monitor Well Siting and Environmental Assessments . 90% and Final drawings, specifications and estimate of probable costs . Draft and Final Monitor Well Drilling and Analysis Report . Monthly progress meeting agendas and action item lists 4. BUDGET (ENGINEER'S COMPENSATION): This work order authorization is for $124,837. This price includes all labor and expenses anticipated to be incurred by Parsons Water & Infrastructure Inc. and its subcontractors for the completion of these services, on a Costs Times Multiplier Basis, not to be exceeded without further written authorization from the CITY. All permit application fees will be paid separately by the CITY. 5. SCHEDULE: The completion of activities and project deliverables are to occur as follows, contingent upon estimated schedules of precedent activities. Completion: Calendar Deliverable or Activity Days after Notice to Proceed (NTP) Draft Sitin2 Technical Memorandum 30 Final Siting Technical Memorandum 50 Legal Descriptions and Survey 80 90% Drilling Services Bid Package 110 Final Drilling Services Bid Package 120 Receipt of bids from Drillers after 30-day advertisement 160 Contract Drilling Services 180 Draft Well Drilling and Analysis Report 260 Final Well Drilling and Analysis Report 290 6 of 10 Item # 11 Attachment number 1 Page 7 of 10 Schedule assumes CITY can complete surveying of site and submit results to Parsons within 30 days from receipt of the Final Siting Technical Memorandum, CITY contracts driller within 10 days of receipt of bids and driller can initiate contract within 15 days of receipt of signed contract. 6. STAFF ASSIGNMENT (Consultant): Loren Furland, P.E. (PARSONS) Tory Champlin, Ph.D., P.E. (PARSONS) Cathleen Beaudoin Jonas, P.G. (SDI) Project Director, Client Service Manager Project Manager Project Hydrogeologist 7. CORRESPONDENCEIREPORTING PROCEDURES: Consultant's project correspondence shall be directed to Tory Champlin, Ph.D., P.E., with copies to Cathleen Beaudoin Jonas, P.G. when relevant. All CITY project correspondence shall be directed to Robert Fahey, E.!., with copies to Todd Petrie, P.E., and others as may be appropriate. 8. INVOICINGIFUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Marty Pages, 100 S. Myrtle Ave., #220, Clearwater, Florida 33756-5520 or P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly in accordance with a Costs Times Multiplier contract and a progress report to be provided with each invoice and the City Invoicing Codes listed below. Contingency services will be performed only after written authorization is provided by the CITY to proceed with such services and will be billed monthly as incurred. City Invoicing Codes: 9. PROFESSIONAL CERTIFICATION: Parsons Water & Infrastructure Inc. or its subcontractors will certify as licensed Professionals, registered in accordance with Florida Statute 471 (481), that the above referenced final project documents will meet all applicable design criteria specified by CITY municipal ordinance, State, and Federal established standards. Changes to such standards after work order execution may constitute a change in scope of work. We understand that it is our responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted documents to ensure that such documents meet quality standards of the local industry. 7 of 10 Item # 11 Attachment number 1 Page 8 of 10 This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. 10. SPECIAL CONSIDERATIONS: Not applicable PREPARED BY: APPROVED BY: Parsons Water and Infrastructure Inc. Loren P. Furland, P .E. Project Director Michael D. Quillen, P.E. City Engineer City of Clearwater Date Date APPROVED BY: Parsons Water and Infrastructure Inc. Walid Hatoum, P.E. Sr. Vice President Date 8 of 10 Item # 11 Attachment number 1 Page 9 of 10 PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Attachment" A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address tom.mahony@clearwater-fl.com '" All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. 9 of 10 Item # 11 Attachment number 1 Page 10 of 10 PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM A IT ACHMENT "B" ENGINEERING TASK FEE ESTIMATE EXCEL SPREADSHEET (insert Engineering Task Fee Estimate Excel Spreadsheet) 1 0 of 1 0 Item # 11 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Approve an Interlocal Maintenance Agreement with Pinellas County providing for the City to serve as Traffic Signal Maintenance Contractor to maintain all the traffic signals on the ATMS/ITS corridors within the City of Clearwater and any other county ATMS signals as provided for in the current Clearwater/Pinellas County ITS Interlocal Agreement of March 2, 2006 and authorize the appropriate officials to execute same. (consent) SUMMARY: City will be paid by the county at an initial rate of $ 3270.00 per intersection. This rate to be raised each October based on the cost of living index. Initial payment is $60,814.50 based on the time period of January 1, 2007 to September 30,2007. This represents 75 percent of the actual calculated amount of $81,086.00, which would represent an entire year. Subsequent payments will cover the entire year from October 1 to September 30th. This agreement is a subset of the Clearwater/County ITS Interlocal Agreement of March 2, 2006. This agreement is mandatory under section 3.6 of the ITS Interlocal Agreement. This agreement allows the City to service and maintain any other county traffic signal that is on the A TMS/ITS corridors as the county may wish to negotiate with the City. Review Approval: 1) Clerk Cover Memo Item # 12 SECTION 1 INTERLOCAL AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND DEVICES THIS AGREEMENT, entered into on the _day of 20_, between the BOARD OF COUNTY COMMISSIONERS of PineJ]as County, a political subdivision of the State of F]orida, hereinafter referred to as the COUNTY, and the CITY OF CLEAR WATER, a municipal corporation of the State of F]orida, hereinafter called the CITY. WITNESSETH, That: WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of] 969"; and WHEREAS, the COUNTY and CITY have previously executed the Countywide A TMS/ITS Traffic Signal Interlocal Agreement, herein referred to as the A TMS/ITS Interlocal Agreement, which authorizes the transfer of traffic control authority and maintenance responsibilities to the COUNTY for roadways, within the CITY'S jurisdiction, where construction of A TMS/ITS projects is scheduled, or has occurred; and WHEREAS, the COUNTY has a need to maintain traffic control signals and devices within the CITY; and WHEREAS, the CITY has the knowledge, ability, and ]s willing to provide such maintenance services; and WHEREAS, the COUNTY and the CITY have determined that it would be in their best interest to coordinate and cooperate in efforts to maintain traffic control signals and devices at all given locations in a uniform and systematic manner. Page 1 of 9 Item # 12 NOW THEREFORE, the COUNTY and the CITY, in consideration of the mutual covenants hereinafter set forth, agree as follows: SECTION 2 SERVICES TO BE PROVIDED BY THE CITY 2.] The C1TY shall provide all maintenance services for traffic control signals and devices situated within the corporate limits of the C]TY located on ITS corridors established under the A TMS/ITS lnterlocal Agreement or any other signal designated by the COUNTY irregardless of corporate limits. The CITY will plan and execute the necessary maintenance activities on existing facilities. Maintenance activities include malfunction response, breakdown response,. preventive maintenance, and response maintenance. Maintenance services sha] I be related to the following events: I. Malfunction-Any event that impairs the operation without losing the display and sequencing of signal indications to approaching traffic. Malfunctions include timing, detector, cable, and other similar occurrences. 2. Breakdown-Any event that causes a loss of signal indications to any or all phases of traffic approaches. Breakdowns include controller unit, cable, loss of power failures, and signal lamp burnout, which leave no indication visible. 3. Preventive Maintenance-Checks and procedures to be performed scheduled intervals for the upkeep of traffic signa] equipment. inspection, cleaning, and record keeping. at regularly 11 includes 4. Response Maintenance-The repair or replacement of failed traffic signal equipment and its restoration to safe, normal operation. 2.2 The following services are excluded under this Agreement and may only be performed upon written authorization of the COUNTY and acceptance as an additional service by the C]TY. l. The replacement of concrete strain poles with steel strain poles or mast arms. 2. Operational changes that incorporate modifications to existing equipment and/or installation of additional equipment. 3. Maintenance associated with a capital improvement and/or private development project. 2 Page 2 of 9 Item # 12 2.3 The following costs are not included in the lump sum fee described in Section 2.] and wi]] be performed at the CITY'S prevailing rate at the time the services are provided: 1. The cost associated with repairs or replacements of equipment damaged due to an accident. 2. The cost of any repairs or replacements directly related to a disaster. 3. Energy cost to operate a traffic control device (COUNTY will pay energy cost under provisions of the A TMS/ITS Interlocal Agreement). 4. The cost of repairs to non-standard signal devices. 2.4 COUNTY directed projects that will impact signalization. l. When the COUNTY contracts for new signal installations it shall be the responsibility of the COUNTY to ensure the signa] meets all applicable COUNTY, CITY and FDOT specifications and advise the Signal Shop of any inspection schedules. It shall be the contractor's responsibility to ensure all signa] related items meet said specifications or the COUNTY shall be charged an hourly rate for CITY forces to perform remedial work to conform to speci fi cat ions. 2. Any signal related changes/upgrades shall remain the responsibility of the contractor working for the COUNTY, or the COUNTY itself, until such time that the CITY accepts maintenance. If the contractor will not respond, the COUNTY will be billed hourly for CITY forces to perform remedial work to the traffic control device so it confonns to applicable COUNTY, CITY and FDOT specifications. SECTION 3 COMPENSA TION TO THE CITY 3.] The COUNTY agrees to pay the CITY the [allowing fees for providing the above described services: 1. A lump sum fee, as defined in Appendix A, per year for each Signalized Intersection including Fire Preemption Devices and Pedestrian Mid-block signals within the CITY/COUNTY jurisdiction. 2. A lump sum fee, as defined in Appendix A, per year for each School Zone Beacon, Flashing Beacon, or Warning Flasher. 3 Page 3 of 9 Item # 12 3. All other services not defined within this contract will be perfonned at the CITYoS prevailing rate at the time the services under this clause are to be provided. The above lump sum fee amounts shall escalate on October] 51 of each year by the percentage increase in the Consumer Price Index {CP1)o All Urban Consumers, Not Seasonally Adjusted, from the previous year, over the life of this Agreement. The first CPI escalation increase shall take effect on October 151 2007. 3.2 The COUNTY shall pay the CITY for 100% of the total annual amount due each year, by March 15[. The CITY'S fiscal year begins on October IS[ and ends on September 301h. Payments shall be in accordance with the Local Government Prompt Payment Act. 3.3 The initial total annual amount due the CITY shall be calculated based on the signal or device locations listed in Appendix A to this Agreement. 3.4 The CITY'S and COUNTY'S performance and payment pursuant to this agreement are authorized and defined within the A TMS/ITS lnterlocal Agreement executed May 18, 2006. 3.5 In no event shall the total compensation or payment to the CITY from the COUNTY exceed $500,000 in any Agreement year. SECTION 4 GENERAL PROVISIONS 4. I This agreement is not intended to affect ownership of any traffic control signals, or devices. The COUNTY shall retain responsibility for all traffic control signals or devices referenced in this Agreement. 4.2 Services to be performed by the CITY under Section 2.] shall be as determined by the CITY, with no notice required to be given to the COUNTY. SECTION 5 ADDITIONAL LOCATIONS The COUNTY Director of Public Works or designee shall be responsible for submitting an updated Appendix A to the CITY by September lS[ of each Agreement year, detailing any traffic control signals or devices installed or acquired at additional locations within the ITS corridors, for which the COUNTY requires maintenance services to be performed, as required under the A TMSIlTS Interlocal Agreement. The amounts in this Agreement are effective from October ]51 through September 301h for each fiscal year. 4 Page 4 of 9 Item # 12 SECTION 6 ADDITIONAL SERVICES The CITY shall not enter into Additional Services that would require additional compensation from the COUNTY without advance writ1en approval by the COUNTY. SECTION 7 AGREEMENT TERM This Agreement shall remain in effect until May ] 8, 20] 6, or for the life of the A TMS/ITS lnterlocal Agreement, beginning with a retroactive date of January] 5\ 2007. This Agreement may be renewed subject to execution of a written renewal agreement between the COUNTY and CITY. Each renewal period may not exceed (] 0) years. There is no limit to the number of renewals unless so specified in a subsequent renewal agreement. This Agreement shall be terminated upon mutual consent of the parties or by either party, upon formal \wilten notice received prior to January] 51 of any calendar year with termination becoming effective October 151 of the same calendar year. SECTION 8 MISCELLANEOUS PROVlSIONS 8.] Either party upon thirty (30) days \witten notice may terminate this Agreement if conditions arise, such as lack of available funding, that dictate it is in the publ ic interest to terminate. 8.2 This document embodies the whole Agreement of the parties. There are no promised, terms, conditions, or allegations other than those contained herein and this document shall supercede all previous communications, representations, and/or Agreements, whether written or verbal, between the parties hereto. This Agreement may be modified only in writing, executed by all parties. This Agreement shall be binding upon the parties, their successors, assignees, and legal representatives. 8.3 Each party, without waiving its sovereign immunity, is responsible, to the extent provided by law, for their own negligence in the perfonnance of the agreement. 8.4 Any amendment to, or modification of, this Agreement or any alteration, extension, supplement, change of time, or scope of the work shall be in writing and signed by both parties. 8.5 If any word, clause, sentence, or paragraph of the Agreement is held invalid, the remainder of this Agreement would continue to confonn to the in1ent of this Agreement. 5 Page 5 of 9 Item # 12 8.6 This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 8.7 Nothing herein shall be construed to create any third party beneficiary rights in any person not a party to this Agreement SECTION 9 OFFICIAL NOTICE All invoices or notices required by law or by this Agreement to be given by one (1) party to the other, shall be in writing, and shall be sent to the following respective addresses: ]. COUNTY: Director of Financial Services & Contracts PinelIas County Department of Publjc Works Administration 440 Court Street Clearwater, FL 33756 2. CITY/TOWN: Traffic Operations Manager ] 00 S. Myrtle A venue P.O. Box 4748 Clearwater, FL 33756 6 Page 6 of 9 Item # 12 SECTION 10 IN WI1NESS WHEREOF, the parties herelO have caused lhese presenllo be execuled by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. CITY OF CLEAR WATER PINELLAS COUNTY, by and through its Board of County Commissioners By: Tille: By: Chainnan WITNESS: ATTEST: Ken Burke, Clerk of the Circuit Court By: Title: By: Deputy Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Office of County Attorney OHice of City Attorney 7 Page 7 of 9 Item # 12 ~ 0 tII. ... 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Including Pedestrian Indicators Fully Signalized Intersection Pedestrian Mid-block Signal Fire Preemption signal $ 3,0 IO $ 3,0l 0 $ 3,OIO Location Without Complete LED Installation Fully Signalized Intersection Pedestrian Mid-block Signal Fire Preemption Signal $ 3,270 $ 3,270 $ 3,270 Additional Costs Per Location Flashing Signal-School, Pedestrian, or Warning $ 379 Fire Preemption Devices at a FuJJy Signalized Intersection $ 379 Red Light Running Devices at a Signalized Intersection $ 26] Talking Pedestrian Features $ 522 Countdown Pedestrian Features $ 26 1 Item # 12 8 ~,~ gJ ~ E~~~ ,>"t' ~ D~"- uo. .,. aCl)g ,~~ ~~ !~~L() 0."-.,. ~g>aJ~ :::i'~'~ ~ -g~~ 0: .,. ~ 0 i~~ ,~ E 'S: ~ "- ~ ~ ~" Ii: .,. ~ 0 ,~igE'~~ ~,~fi~~M U:(/)(/)~00 ~ .51 E .. 'iii .E " w -' S 0. = :;E -g ,~~ ~:i~~ ~,~ ~ M (/).50 ~ 0. E .. 'iii .E " w -' ~ a; .,. 1S. E -g ,~~ 0. 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(consent) SUMMARY: . Polymer is used at the City's biosolids handling facilities to process the sludge generated by the City's three Advanced Wastewater Treatment Facilities. The polymer is a coagulant that "thickens" wastewater sludge increasing the percentage of solids in the waste stream. Thickening the sludge significantly reduces the amount of money required to haul and dispose of the waste material. The hauling and disposing duties are handled under the scope of a separate contract. . WPC originally solicited bids for a one year contract with the option to accept two (2) one-year extensions (RFP#19- 05). The initial contract was approved by Council May 5,2005 and included expenditure of $183,701 for product purchase and delivery. The first contract extension was approved by Council on April 2006 for $219,999.10 to cover the projected years worth of polymer including a $0.03 per pound increase from $0.92 to $0.95 per pound in accordance with the contract. The costs associated the third year will remain the same at $0.95/LB. . The 06/07 WPC Operating budget includes sufficient funding for this contract; appropriate funding has also been allocated for subsequent fiscal year budgets. Funds for this chemical are included in Budget Code 0421-01351-551000-535-000- 0000. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Purchase None Budget Adjustment: None $189,946.83 Annual Operating Cost: Total Cost: $189,946.83 to Appropriation Code 0421-01351-551000-535-000- 0000 Amount 189,946.83 Appropriation Comment see summary section Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes RFP #16-05 Bid Number: Bid Exceptions: None Cover Memo Item # 13 Attachment number 1 Page 1 of 13 CITY OF CLEARWATER, FLORIDA REQUEST FOR PROPOSAL (RFP #19-05) FOR POLYMER SERVICES OPEN APRIL 15, 2005 AT 4:00 PM TO BE DELIVERED City of Clearwater Purchasing Manager Municipal Services Building 100 So. Myrtle Avenue (3rd) Floor Clearwater, FL 33756 Or mailed to Purchasing Manager George McKibben PO Box 4748 Clearwater, FL 33758-4748 Item # 13 Attachment number 1 Page 2 of 13 TABLE OF CONTENTS Section Title Page PART A. GENERAL INFORMATION 1. INTENT........................................................................................ 3 2. CALENDAR OF EVENTS..................................................... ............ 3 3. AWARD............................................................................. ........... 3 4. VENDOR QUALIFiCATIONS............................................................ 3 5. INSTRUCTIONS - INFORMATION TO BE SUBMITTED........................ 4 6. EVALUATION CR ITER IA.. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. .............. 4 7. PERIOD OF CONTRACT................................................................... 4 8. PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... 4 9. PAyMENT/INVOiCES..................................................................... 4 10. REFERENCES.............................................................................. 4 11. CONTRACT ASSiGNMENT............................................................. 5 12. PERFORMANCE BOND.................................................................. 5 13. INSURANCE................................................................................. 5 14. FISCAL NON-FUNDING.................................................................. 5 15. INTERPRET A TIONS/CLARIFICA TIONS............................................. 6 16. VISIT TO SiTES............................................................................. 6 17. SOURCE FACiLITIES..................................................................... 6 18. EXTENSiON................................................................................. 7 19. INDEMNIFiCATION........................................................................ 7 20. CONTRACT COMMUNiCATIONS...................................................... 7 PART B. SCOPE OF WORK AND PRODUCT SPECIFICATIONS 1. SCOPE & PURPOSE...................................................................... 8 2. PROPOSAL QUANTITy..................................................... ............... 8 3. PROPOSAL FORM........................................................................ 8 4. USE OF PRODUCT OR OTHER SUPPLiERS...................................... 9 5. POLYMER TRIAL SPECiFiCATIONS........ ......................................... 9 6. COMPLIANCE WITH SPECiFiCATIONS............................................ 9 7. GENERAL CONDITIONS................................................................. 9 8. PRODUCT SPECiFiCATIONS.......................................................... 10 9. MATERIAL................................................................................ .... 10 10. PRODUCT CONTAINERS............................................................... 10 11. DELiVERy................................................................................... 11 12. CANCELLATION OF CONTRACT..................................................... 11 13. TECHNICAL SERViCE.................................................................... 11 14. PATENT INFRINGEMENT............................................................... 11 PART C. SUPPLEMENTAL STANDARD CONDITIONS 1. APPROPRIATIONS CLAUSE........................................................... 12 2. PROTEST PROCEDURES.................................................. ............... 12 3. NO CORRECTIONS CLAUSE.......................................................... 12 4. OPENNESS OF PROCUREMENT CLAUSE........................................ 12 5. NO COLLUSION CLAUSE............................................................... 12 6. INFORMALITY/REJECTION CLAUSE................................................ 12 7. NON-DISCRIMINATION & EQUAL OPPORTUNITy.............................. 13 8. CONFLICT OF INTEREST.................................................. ............... 13 Page 2 of 13 Item # 13 Attachment number 1 Page 3 of 13 PART A. GENERAL INFORMATION 1. INTENT It is the intent of this Request for Proposal to receive proposals from qualified firms to provide polymer for sludge dewatering processes for three advanced pollution control facilities. The City of Clearwater desires to establish the most cost effective annual cost for sludge dewatering. 2. CALENDAR OF EVENTS The tentative schedule associated with the circulation of the RFP and submission of proposals is: DATE March 14, 2005 March 21, 2005 April 15, 2005 April 15, 2005 May 5, 2005 May 5, 2005 May 5, 2005 April 30, 2007 3. AWARD TASK Release Date - Advertise and issue RFP' s Vendor Demonstrations Begin ( refer to Part B - Section 5) Sealed Proposals (RFP' s) Due Selection Committee Recommendation to City Council City Council Approval - award of contract by Council Contract initiation/ start date (if approved by Council) Contractor Begins Work Contract Period Ends (without 1 year-extension) Proposals will be reviewed and evaluated by a group consisting of qualified City Staff and Consulting Engineers. The proposals will be evaluated on cost, level of treatment, proposer qualifications, and the financial capability of the proposer. The City shall not be bound to make an award based only on the lowest price. The City reserves the right to award to multiple providers. The City reserves the right to reject any and all proposals. 4. VENDOR QUALIFICATIONS In addition to requirements specified in the following paragraphs, the bidder should provide the following information as qualifications: a. # of years experience providing similar service. b. At least three (3) Contact names and telephone numbers of entities reCeIVIng similar services (municipal agreements will be viewed favorably). Page 3 of 13 Item # 13 Attachment number 1 Page 4 of 13 5. INSTRUCTIONS - INFORMATION TO BE SUBMITTED Six (6) original proposals must be submitted and must include Bidder's Proposal Form as described in Part B, section 3 (Attachment A), Insurance Certificate (Attachment B), Bonding Certificate (Attachment C), and Reference List (Attachment D). 6. EVALUATION CRITERIA Evaluation will be performed by the evaluation team consisting of City Staff (Public Utilities (3 individuals), Engineering (2 individuals) and Purchasing (1) Departments) and consider proposal pricing included in Attachment A along with the proposer's qualifications indicated in a response to Item #4. Evaluation will be performed on a weighted average basis with the following factors utilized to determine the award recommendation: Price: 80% Qualifications: 20% 7. PERIOD OF CONTRACT The term of the contract awarded as result of this proposal shall be for twenty-four (24) months from the date of execution of the agreement with an option for a one-year extension at the discretion of the City. 8. PRICE The price shall be firm for the contract period and the optional extension. Prices proposed shall be inclusive of all labor, equipment, and material to accomplish the specified service noted on the proposal form. 9. PA YMENT/INVOICES The proposer must specify on the proposal submittal form their exact company name and address. This name must be the same as invoices submitted for payment as a result of award of this RFP. The successful proposer(s) will be responsible for immediately notifying the City of Clearwater Purchasing Department of any Company name change that would cause invoicing to change from that originally submitted. 10. REFERENCES Reliability of service shall be evaluated to determine the lowest responsible proposal according to Item #3 of Part A: General Information. Proposers must provide a reference list of entities for whom they have provided similar service. It is the intent of the City of Clearwater to inspect all equipment and facilities used in performance of the contract. Page 4 of 13 Item # 13 Attachment number 1 Page 5 of 13 11. CONTRACT ASSIGNMENT No portion or part of the work specified in the RFP or in the award of contract may be assigned or subcontracted without the written approval of the City of Clearwater, Public Works Administrator and/or the Public Utilities Director. The written request from the Contractor to the Wastewater Supervisor must state the extenuating circumstances that have necessitated the use of a subcontractor for the Work. The Contractor prior to subcontracting any portion of the project work must receive written approval from the Wastewater Supervisor. 12. PERFORMANCE BOND The successful proposer must supply a performance bond in the amount of ten percent (10%) of the total of the award prior to the City of Clearwater's executing the contract or issuing a purchase order. 13. INSURANCE The contractor or Vendor shall obtain or possess the following insurance coverage, and shall provide Certificates of Insurance to the City to verify coverage prior to commencing operations under the contract. The insurance coverage shall contain a provision that forbids any changes or material alterations in the coverage without providing 30 days prior notice to the City. 1. Workers Compensation: Each Contractor or Vendor shall provide Workers Compensation coverage for all of its employees at the work location. The limits shall be statutory for Workers Compensation and $100,000.00 for Employers Liability. 2. Comprehensive General Liability: Each Contractor or Vendor shall provide coverage for all operations including but not limited to: contractual services, completed operations, and Personal Injury. The limits shall be not less than $1,000,000.00 Combined Single Limits (CSL) or its equivalent. The City of Clearwater is to be added as an additional insured. 3. Comprehensive Automobile Liability: Each Contractor or Vendor shall provide coverage for all owned and leased or rented vehicles for limits not less than $500,000.00 Combined Single Limits (CSL) or its equivalent. The City of Clearwater is to be added as an additional insured. 14. FISCAL NON-FUNDING In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the contractor of such occurrence and the contract shall terminate on the last day of the then current fiscal period without penalty or expense to the City. Page 5 of 13 Item # 13 Attachment number 1 Page 6 of 13 15. INTERPRETATIONS/CLARIFICATIONS No oral interpretations will be made to any firm as to the meaning of specifications or any other contract documents. Every request for interpretation must be in writing and shall be received by the City of Clearwater Purchasing Director no less than ten (10) calendar days prior to the date set for the opening of proposals. Significant interpretations or clarifications shall be made as an addendum to the RFP documents. All addenda will be sent as promptly as practicable and become part of the contract documents. 16. VISIT TO SITES There will be a NON-MANDATORY scheduled "Pre-Proposal Conference" on March 21,2005, starting at 9:00 AM at the Marshall Street APCF. The intent of this conference is to familiarize the contractor with each of the facilities and review the intent of the RFP. It is highly recommended that the proposing contractor utilize this opportunity to access the areas, since there will be no guarantee that personnel will be available at other dates & times. Contacts and physical location of the facilities are identified in Section 17 of Part A General Information. 17. SOURCE FACILITIES City of Clearwater Northeast Advanced Pollution Control Facility 3290 State Road 580 Clearwater, Florida 34695 (727) 462-6667 Contact: Roger Hooey, Lead Operator City of Clearwater Marshall Street Advanced Pollution Control Facility 1605 Harbor Drive Clearwater, Florida 33755 (727) 224-7690 Contact: Jeff Borden, Lead Operator City of Clearwater East Advanced Pollution Control Facility 3141 Gulf-to-Bay Clearwater, FL 33759 (727) 462-6667 Contact: Loren Pratt, Lead Operator Page 6 of 13 Item # 13 Attachment number 1 Page 7 of 13 18. EXTENSION The length of this Contract shall be for twenty four (24) months. Contingent upon satisfactory annual performance, there is an option to extend this contract for an additional year at the same per unit prices. Upon written authorization of both parties within 60 days of the expiration of this contract, either party may contact the other party. 19. INDEMNIFICATION The first ten dollars ($10.00) of compensation received by the Contractor pursuant to this contract represents specific consideration for the following indemnification: The Contractor shall defend, indemnify, save, and hold the City of Clearwater harmless from any and all claims, suits, judgments and liabilities for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance of this contract by the Contractor or it's employees, including legal fees, court costs, and any and all other legal expenses brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor; or by , or in consequence of any neglect in safeguarding the work: or by, or on account of any act or omission, neglect or misconduct of the said Contractor; or by, or on account of any claims or amounts recovered under the "Workers Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Clearwater. 20. CONTRACT COMMUNICATIONS All operational communications relative to this contract after award and contract execution shall be provided to the Contractor's operational manager via telephone and/or fax, and duplicated in writing (if not conveyed by facsimile) to the Contractor's operational manager. The Contractor is to provide a contract administrator for the purpose of cooperation and coordination of activities regarding operations, conflicts, resolutions, etc. Page 7 of 13 Item # 13 Attachment number 1 Page 8 of 13 PART B. SPECIFICATIONS AND SCOPE OF WORK 1) SCOPE AND PURPOSE a) The purpose of this RFP is to establish the most cost effective annual cost for the City of Clearwater's sludge dewatering. The purpose of this RFP also includes, establishing a firm price, source and delivery of polymer for sludge dewatering processes at the Northeast Advanced Wastewater Facility, at 3290 State Road 580, Safety Harbor Florida, the Marshall Street Advanced Wastewater Facility, at 1605 Harbor Drive, Clearwater Florida, and the East Advanced Wastewater Facility, at 3141 Gulf to Bay Blvd, Clearwater Florida. b) The dewatering processes are belt presses and rotary drum thickeners. There are belt presses at the Northeast and Marshall Facilities. The East, Marshall Street and Northeast Facilities have rotary drum thickeners. c) Only companies that meet the minimum trial qualifications will be permitted to submit a Proposal. d) Once the vendor has determined which product or products that will be used, the vendor will supply the polymer for testing at no cost to the City. e) The contract will be for two (2) years. The polymer is to be purchased in accordance with the attached specifications, by the City of Clearwater Purchasing Department. 2) PROPOSAL QUANTITY a) For bidding purposes, vendors can use the estimated yearly polymer usage of one hundred twenty, three hundred gallon totes. However, no guarantee is made to the successful bidder as to the total amount of polymer to be purchased per year or over the life of the contract. 3) PROPOSAL FORM a) The RFP form will contain a qualified emulsion type product, listed by manufacture's name, the name of the exact product to be supplied, and contact person. Each bidder will provide a price per pound of their product. The RFP will also include the belt filter presses discharge percent total solids, belt press subnatant (MLSS mg/l), and the belt filter presses polymer cost per dry ton. The RFP will also include the rotary drum thickener discharge percent total solids, rotary drum thickener subnatant (MLSS mg/l), and the rotary drum thickener polymer cost per dry ton. b) The price per pound shall include freight cost from source of supply to destination, as well as any special handling cost or equipment necessary to utilize product. The City reserves the right to award the contract based on the determination of what is best for the City. Award will be on an all-or-none basis. The contract award for the belt filter press operation will be decided based on either of the following two methods. The lowest cost, based on cost per dry ton of solids handling or if the polymer gives the City a reduction in sludge hauling costs, due to a higher percent solids, that results in a greater savings than the higher cost of the polymer. Page 8 of 13 Item # 13 Attachment number 1 Page 9 of 13 The rotary drum thickener award will be based on cost per dry ton. All quotes shall remain firm for two (2) years from the date of contract execution. c) The polymer must demonstrate the same performance characteristics for the product as was used for the bid purposes during the entire contract period. Failing to meet same performance characteristics could result in re-awarding the contract to a second bidder. 4) USE OF PRODUCT OR OTHER SUPPLIERS a) The City of Clearwater reserves the right to purchase sufficient quantities of polymer products from other suppliers, during the term of the contract, for testing and evaluations. 5) POLYMER TRIAL SPECIFICATIONS a) Each Vendor will be required to perform trial demonstrations at a date and time to be jointly agreed to between the City and the Vendor. The schedule will be tentatively agreed to at the pre-proposal site visit (refer to Part A - Section 16) Each Vendor may use two polymers. Each Vendor will have two days for polymer testing. The start time will be 7:00 am and the ending time will be 2:00 pm for each day. The belt filter press and rotary drum thickener will be operated by plant staff. The polymer trials will be held at the Northeast WWTP. b) No 1 belt filter press feed will be 60 gpm c) No.1 rotary thickener feed will be set at 40 gpm. d) Belt Filter Press Qualification Specifications 17% Solids minimum Subnatant 200-600 mg/l e) Rotary Drum Thickener Specifications 4 % solids minimum Subnatant 200 to 500 mg/l 6) COMPLIANCE WITH SPECIFICATIONS a) Quote only in strict compliance with these specifications. Questions addressing the specifications and/or terms and conditions, contact Tom Neitzel, Public Utilities Dept. Water Pollution Control Div. (727) 562-4960 ext 7248. 7) GENERAL CONDITIONS a) Signature on the RFP cover sheet verifies that the quote is acquainted with the general conditions of the contract and will comply with all specifications, terms and conditions contained in the bid invitation. b) The City of Clearwater reserves the right to waive any informality in, or reject any or all quotes, and to withhold the awarding of a contract for a period of not more than sixty (60) days, after the date of the bid opening. Page 9 of 13 Item # 13 Attachment number 1 Page 10 of 13 8) PRODUCT SPECIFICATIONS Under the contract resulting from this bid invitation, supplier shall furnish and deliver an emulsion type polymer product, for the use as sludge flocculent, for the dewatering processes for a period of 24 (24) months. 9) PRODUCT MATERIAL a) The material to be furnished will be evaluated by the Water Pollution Control Division. By submission of this proposal, bidder guarantees that the product offered will meet the following specifications, when in ordinary use, by the Water Pollution Control Division. i) Viscosity - Product must be compatible with existin}? polymer system. ii) Temperature - Product's effectiveness shall not be altered si}?nificantlv, due to temperature. Supplier will provide recommendations for handlin}? product. iii) pH - Product must not cause adverse affects when dewaterin}? slud}?e. iv) Shelf life - Product must maintain 90% of its effectiveness for a period of six (6) months after delivery. Physical and chemical characteristics of the product shall not chan}?e durin}? this period. If the product solids has tendency to settle or separate, vendor must supply necessary equipment to maintain solids in suspension. A tote bin mixer will be required. b) Products and components of product shall meet the requirements for non- hazardous materials, according to the guidelines of the Hazardous Waste Act, (effective 11/19/80). c) Product must not cause an adverse affect, in any way, in the polymer system, the dewatering system, or the receiving streams, or that would require additional treatment before discharge. 10) a) PRODUCT CONTAINERS Product will be delivered in returnable tote bins (300 gallons), with return being coordinated or established by vendor, and at vendors' cost. b) Defective containers that are leaking or preventing normal use will be returned at vendors' cost. c) Containers must be of sufficient sturdy construction to be capable of being moved on plant grounds by a forklift without damage. d) Containers must have provision for insertion of a product mixer. e) Containers must have a standard U.S. 2 inch pipe quick- connect capability for hook-up to City's polymer feed equipment, or must include at no cost, adapters to achieve quick connect capability. f) Vendors will be responsible for timely removal of empty containers at no cost to the City. g) Polymer offered in bid must be certified as commercially available in production quantities. h) No dry polymers or manic polymers will be accepted. Page 10 of 13 Item # 13 Attachment number 1 Page 11 of 13 11) a) DELIVERY The polymer shall be delivered to the respective plant, between the hours of 0730 and 1600, Monday through Friday, unless otherwise arranged by the treatment plant. The City will not be responsible for any charges, if delivery is made at other than above specified times, unless previously scheduled by the treatment plant. b) The polymer must be delivered within four (4) working days after placement of order. For expedient reception of delivery, the plant should be given a twenty-four (24) hour notification of anticipated delivery time. c) The vendor will be responsible for timely removal of empty tote bins. d) Rejection of Material e) If any shipment of polymer is proven to be below the quality required by the Product Specifications, the City reserves the right to reject that shipment. The vendor at the vendor's expense shall remove the rejected material. The vendor shall then replace the rejected material with satisfactory material or credit the City, with the full delivered price of the rejected material. 12) a) CANCELLATION OF CONTRACT Either party may cancel the contract in whole or in part, given sixty (60) days prior written notice. b) Should the polymer for any reason prove unsatisfactory for the purpose intended, or should the polymer not perform in accordance with values established during polymer trials, or should there be a decline in effectiveness the City reserves the right to cancel the contract with thirty (30) days written notice. c) If the vendor is in consistent violation of the Service or Material Specifications required, the contract may be canceled with thirty (30) days written notice. 13) TECHNICAL SERVICE a) In case of emergency, regarding the polymer product, the vendor will be required to provide technical assistance within twenty-four (24) hours of notification of such need. To insure that this can be met, it is further specified that the vendor have a qualified technical service representative residing in the state of Florida, throughout the contract period, or otherwise guarantee in writing, the 24-hour on- site assistance. 14) PATENT INFRINGEMENT a) The vendor shall indemnify, save harmless, and defend the Public Utilities Department and the City of Clearwater from, and against, any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and attorney's fees incident to any infringement, or to any claimed infringement, of material furnished under this contract, or in any way connected therewith, or with the use thereof, by the Public Utilities Department, of the City of Clearwater, Florida. Page 11 of 13 Item # 13 Attachment number 1 Page 12 of 13 PART C. SUPPLEMENTAL GENERAL CONDITIONS 1. APPROPRIATION CLAUSE The City, as an entity of government, is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall therefore be released of all terms and other conditions. 2. PROTEST PROCEDURES - RIGHT TO PROTEST Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of their complaints by contacting the Purchasing Manager. 3. NO CORRECTIONS CLAUSE Once a competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. 4. OPENNESS OF PROCUREMENT CLAUSE Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal submitted. 5. NO COLLUSION CLAUSE By offering a submission of an RFP, the proposer certifies that they have not divulged to, discussed or compared his/her competitive proposal with any other proposers and has not colluded with any other proposers or party whatsoever. 6. INFORMALITY/REJECTION CLAUSE The City reserves the right to reject any or all responses and to wave any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City. Page 12 of 13 Item # 13 Attachment number 1 Page 13 of 13 7. NON-DISCRIMINATION & EQUAL OPPORTUNITY It is the desire of the City of Clearwater to provide Minority/Women-Owned, Small and Emerging Business Enterprises, and all other business enterprises an equal opportunity to participate in the performance of all contracts, subcontracts, and other City of Clearwater business activities. The City of Clearwater is an equal opportunity employer. 8. CONFLICT OF INTEREST Proposers warrant and covenant that no official or employee of the City of Clearwater, nor any business entity in which an official of the City of Clearwater has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City of Clearwater. Proposers will notify the City of Clearwater of any potential conflict of interest regarding other work or third party contracts. Page 13 of 13 Item # 13 Attachment number 2 Page 1 of 3 Agreement for Purchase and Delivery of Polymer for use in the Treatment of Domestic Wastewater (Polymer Services - Annual Contract) This agreement entered in this day of , 2005, between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758-4748 ("City") and Polydyne, Inc., P.O. Box 279, Riceboro, Georgia 31323 ("Supplier"), is for the purchase and delivery of bulk chemical polymer for use in the treatment of domestic wastewater activated sludge. Whereas, Supplier accepts full responsibility and liability for providing and delivering chemical polymer products as described in the specifications set forth in RFP #19-05 to the City treatment facilities, in accordance with all Local, State and Federal laws and regulations; and Whereas, City owns and operates three domestic wastewater treatment facilities currently under review for permit renewal, and has the need to receive and utilize polymer for the increase of sludge percent solids generated at those facilities; and Whereas, City has selected Polydyne, Inc. to provide and deliver the polymer to be utilized at the City's facilities; and Whereas, this agreement incorporates all terms and conditions in Request For Proposal #19-05 for Polymer Services and Suppliers response to said proposal. Now therefore, for and in consideration of the actual terms and covenants set forth in the City of Clearwater Request For Proposal #19-05 and Supplier's response thereto the parties agree as follows: 1. City hereby covenants and agrees: A. To provide access to the facilities and provide data in a timely manner regarding the efficiencies of the product in use. B. To pay according to the amounts and payment schedule submitted by the Hauler in accordance with those conditions set forth in RFP #19-05 including supply and delivery of ordered quantities of product polymer CLARIFLOC SE-793 at a unit price of $0.890 per pound for use with the City's belt filter presses operating at the Northeast Advanced Pollution Control Facility (APCF) and Marshall Street APCF, and supply and delivery of ordered quantities of product polymer CLARIFLOC SE-792 at a unit price of $0.920 per pound for use in the City's rotary drum Item # 13 Attachment number 2 Page 2 of 3 thickeners operating at the Northeast APCF, Marshall Street APCF, and East APCF. 2. Supplier covenants and agrees: A. To accept full responsibility for the supply and delivery of the product to the point of unloading at the treatment facilities and to provide a performance bond as specified in RFP #19-05. Delivery of product from the time of order by City Staff should be made consistently within seven (7) calendar days and under no circumstances exceed fourteen (14) calendar days. B. To submit invoices in a timely manner with all of the information required in RFP #19-05. C. To comply with all the specifications as outlined that have not been included in this document. Any interpretation of the parties' responsibilities shall be controlled by the terms of RFP #19-05. 3. The term of this agreement shall be for twelve (12) months from the date of this agreement. City may terminate this agreement for any reason with sixty (60) days written notice. If the Supplier consistently fails to meet the criteria set forth in the specifications included in RFP #19-05, the City may terminate this agreement with only thirty (30) days written notice to Supplier. 4. Supplier shall indemnify and hold harmless from and against all loss, cost, expense, and liability whatsoever, including attorney's fees resulting from Hauler's activities. Supplier's duty to indemnify shall include indemnification from and against any fine, penalty, liability or cost arising out of Supplier's violation of any law, ordinance or government regulation applicable to Supplier's activities. 5. Nothing stated in this agreement shall supercede or take precedence over the responsibility of each party to operate and maintain their individual and collective facilities in compliance with the obligations set forth in their individual operating permits and in the applicable rules of the United States Environmental Protection Agency and the State of Florida, Department of Environmental Protection. 6. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Florida. Item # 13 Attachment number 2 Page 3 of 3 Countersigned: CITY OF CLEARWATER, FLORIDA Frank Hibbard Mayor-Councilmember By: William B. Horne II City Manager Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk POL YDYNE, INe. By: James R. Carlson Vice- President Item # 13 Attachment number 3 Page 1 of 1 Facsimile Transmission - (727) 462-6321 Original Follows February 5, 2006 John Milligan City of Clearwater 100 S Myrtle Ave. Clearwater, FL 33756 Dear Mr. Milligan: Polydyne Inc. is pleased to extend the current Polymer Contract (RFP # 19-05) until December 31, 2007 . We will continue to supply Clarifloc SE- 792 at the same price of $0.950/Lb. IfI may be of further assistance, please contact me at (912) 880-2035. Best Regards, ~tVtt,~~ J4~'L Lawrence D. Grizxle Business Manager Item # 13 Polydyne Inc. P.O. Box 279 Riceboro, GA 31323 PH.800-848-7659 FAX 912-880-2078 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Ratify & Confirm a payment to Adams Tank & Lift, Inc. (AT&L) in the amount of $15,216.49 for additional services while installing new underground fuel tanks at the Clearwater Marina. (consent) SUMMARY: In January 2006, three (3) 10,000 gallon, single-wall underground fuel storage tanks (UST's) were replaced with new double-wall tanks at the Clearwater Municipal Marina to meet the State of Florida, Department of Environmental Protection UST replacement mandate. During this project, additional costs not covered by the Purchase Order and contingency, were incurred. While excavating the old tanks, contaminated soil was encountered. The contaminated soil was segregated from the clean soil and stockpiled on site. The stockpiled soil (approximately 454 tons) was tested, transported to a permitted disposal facility, and incinerated. An additional 391 cubic yards of clean fill was required to fill the void from the contaminated soil that was removed. Staffrecommends payment offinal invoice in the amount of $15,216.49 Type: Current Year Budget?: Capital expenditure None Budget Adjustment: None Budget Adjustment Comments: . A first quarter amendment will transfer budget and Marina revenue of $15,216.49 from the Capital Improvement Program project 0315- 93490, Fuel System R&R to 0315-93494, Fuel Tank Replacement to fund the payment of this invoice. Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Appropriation Code 0315-93494-563500-575-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Amount $15,216.49 Appropriation Comment No Bid Number: Bid Exceptions: None Cover Memo Item # 14 Meeting Date:3/1/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Approve a one year extension for Biosolids Services (04-0063-UT) (RFP 16-05) to an existing contract with Appalachian Material Service, Inc. (APS), of Terra Ceia, Florida increasing the contract value by $1,200,000, and that the appropriate officials be authorized to execute same. (consent) SUMMARY: The City of Clearwater solicited proposalslbids (RFP) from qualified specialty service contractors to perform wastewater biosolids management services for the City's three advanced pollution control facilities leading to selection and award of a Contract to Appalachian Material Services, Inc. (AMS). Specifically, the contractor is required to remove and dispose of dewatered and stabilized (Class B) and/or dewatered and un stabilized domestic wastewater residuals (residuals) from the City's Marshall Street and Northeast advanced pollution control facilities (APCF), and also haul liquid un stabilized residuals from the City's East APCF and possibly Marshall Street APCF to the Northeast APCF. The term of the original contract approved by Council on April 21, 2005 was twenty-four (24) months from the date of execution of the agreement with an option for a one-year extension at the discretion of the City. The Contractor accepts full responsibility and liability for the hauling and disposal of residuals from the points of loading from the source facility, in accordance with Chapter 62-640, F.A.c. and shall be responsible to comply with existing Florida Department of Environmental Protection (FDEP) and United States Environmental Protection Agency (EP A) residuals treatment and disposal regulations and any changes made in these regulations during the contract period. The costs are broken down as follows: 300 wet tons of Class "B" sludge are produced at the NE plant each week that the contractor will haul and dispose of for $38.80 per wet ton totaling $11,640.00 each week. 266 wet tons of stabilized sludge is produced at the Marshall Street facility each week that the contractor will haul and dispose of for $38.80 per wet ton totaling $10,320.00 each week. 62,000 gallons of liquid sludge will be hauled from the East Facility to the Northeast Facility each week at $0.018 per gallon totaling $1,116.00 each week. The contract is an extension of one year. Approximately 17 weeks in the contract requiring funding of $392,305 in fiscal year 2006/2007 and approximately 35 weeks of the contract requiring funding of $807,688.00 in fiscal year 2007/08 - total contract 52 weeks for a grand total of $1,200,000. Sufficient funding is available in the PW A/Public Utilities/W ater Pollution Control (0421-01351) operating budget for FY06/07, and FY07/08. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: No Cover Memo Budget Adjustment Comments: Item # 15 Current Year Cost: Not to Exceed: 1,200,000 Annual Operating Cost: Total Cost: 1,200,000 For Fiscal Year: to Appropriation Code 0421-01351-530300-535-000- 0000 Amount 1,200,000 Appropriation Comment see summary section Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: RFP #16- 05 None Cover Memo Item # 15 . .. . .. Att1ihment number 1 Page 1 of 1 . . . ~;; ~~ &: ~)~b..::)(<~~~~~~.i]. <~ ~--:,.~_~.~ ~ <~ ~.:~.~. .-~; ~~:.~~. ~~ ir:"'(,~~ '- lit! I ~ I" .~ ':. ~.:~~~~ ....~~r...: I }~"'2 ~ ;-;\) ~I: ..~~ ~: "-:-;)) ~(.~ ~ ~~_. :;:1~~..(~~ ~:.i~. '..7: ~ ~:.~;<,~ i~ %~~-:;-~ ~ _::~:_(,'" ;::....j~~ ~v..~ ;~~.~~ .~~ ~..}~:.:.~ ~..~'~ ~ r~."2:: /?j ~ {;~?~y.;:~:: '~f1f,-:,~ '~i~4}i)ld~::~:~0~~ri-'rri~1J.Y~tl;:.:~;.!.:II~:~~t:-.r-~~. 1~.~~~.~J2;;~W~0::..~~~t..),.~~~:&-="~'.~W::t~~.:~{t~I'~I~.?(~f~'::;"~.~~ ~~.~-:<< ~-:; I.<~::: ~~(~:<~~:: ~;\<~:.::.~ ~;r:0.i;..':::-1J.:: ~,: I:-:~\-::7~~... .~.i.~...._:-'~ ~S""!" ...~r~ ~\; ;}~.:.: ~ :--0/ I." ~:;. ..f':.": S ~ ., ;.~.s..~ ,. tL". t::.~:~ I~.- ~~...1 ~.:.~~.'Z~,:~ .-': V::: . :.'~ I (il ~ Item # 15 Attachment number 2 Page 1 of 3 Agreement for Treatment and Disposal of Domestic Wastewater Bio-Solids Residuals (Bio-Solids Services - Sludge Hauling Contract) T;. ~ This agreement entered in this g - day of J UN t'.. , 2005, between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758-4748 ("City") and Appalachian Material Service, Inc., P.O. Box 97, Terra Ceia, Florida 34250 ("Hauler"), is for the removal, treatment, and disposal of domestic wastewater residual bio-solids. Whereas, Hauler accepts full responsibility and liability for hauling and disposing of residuals from the point of loading from the source facility, in accordance with Chapter 62-640, F.A.C. Whereas, City owns and operates three domestic wastewater treatment facilities currently under review for permit renewal, and has the need for the removal of bio-solids generated at those facilities; and Whereas, City has selected Appalachian Material Service, Inc. (AMS) for the removal ofbio-solids generated at the City's facilities; and Whereas, this agreement incorporates all terms and conditions in Request For Proposal #16-05 for Bio-solids Services and Haulers response to said proposal. Now therefore, for and in consideration of the actual terms and covenants set forth in the City of Clearwater Request For Proposal #16-05 and Haulers's response thereto the parties agree as follows: 1. City hereby covenants and agrees: A. To provide analyses of the unstabilized bio-solids residuals generated in accordance with the operating permits of the source treatment facilities. B. To pay according to the amounts and payment schedule submitted by the Hauler in accordance with those conditions set forth in RFP #16-05 including hauling of unstabilized bio-solids from the Marshall Street Advanced Pollution Control Facility (APCF) to the Hauler's Residual Management Facility, hauling and disposal of stabilized bio-solids from the Northeast APCF, and hauling of liquid unstabilized bio-solids from the East APCF to the Northeast APCF. C. That all residual bio-solids are generated through the treatment of domestic wastewater and do not contain toxic industrial waste or Item # 15 Attachment number 2 radioactive substances to the best of source knowledge. The bio-sofi(fse ~r~ 3 unstabilized at the Marshall Street APCF and East APCF, and stabilized (Class"B") at the Northeast APCF. 2. Hauler covenants and agrees: A. To accept full responsibility fro the bio-solids at the point of loading at the source facility and to provide a performance bond as specified in RFP #16-05. B. To submit invoices in a timely manner with all of the information required in RFP #16-05. c. To provide data and maintain records as set forth in RFP #16-05 and as required by all governmental regulations. D. To comply with all the specifications as outlined that have not been included in this document. Any interpretation of the parties' responsibilities shall be controlled by the terms ofRFP #16-05. 3. The term of this agreement shall be for twenty-four (24) months from the date of this agreement. City may terminate this agreement for any reason with thirty (30) days written notice to Hauler. 4. Hauler shall indemnify and hold harmless from and against all loss, cost, expense, and liability whatsoever, including attorney's fees resulting from Hauler's activities. Hauler's duty to indemnify shall include indemnification from and against any fine, penalty, liability or cost arising out of Hauler's violation of any law, ordinance or government regulation applicable to Hauler's activities. 5. Nothing stated in this agreement shall supercede or take precedence over the responsibility of each party to operate and maintain their individual and collective facilities in compliance with the obligations set forth in their individual operating pennits and in the applicable rules of the United States Environmental Protection Agency and the State of Florida, Department of Environmental Protection. Item # 15 Attachment number 2 Page 3 of 3 6. The validity, construction, and performance of this Agreement shall be governed by the laws ofthe State of Florida. Countersigned: --=!~~ ~ FrltnllHibbard . Mayor CITY OF CLEARWATER, FLORIDA BY:~ll William B. Home II City Manager Attest: - z JL ~Oa. ia E. Goudeau lerk APPALACHIAN MATERIAL SERVICE, INC. Item # 15 " Attachment number 3 Page 1 of 29 Public. l.Jtilitie.s /\gree,'m.ent Sl1111Tnary ~~ APPALACHIAN MATERIAL SERVICES (AMS), INC Type: Parties: Effective Date: Expiration: Renewal: Biosolids Services Agreement Clearwater & AMS, Inc. 4/20/2005 Termination: 4/20/2007 (with option for a one-year extension at City's discretion) Optional one-year extension, then contract must be re-bid. City may cancel without cause with 30-day's prior written notice of "Intention to Cancel" for failure to abide by terms or conditions of contract. Marshall St, Northeast & East WWTPs Biosolids Hauling and Disposal Contract (includes Class B, Unstabilized [cake], and Liquid Sludge [additional storage & pumping from tank]) Legal Description: Background: Basic Terms: . See bid and contract documents 2/9/06 Item # 15 CITY OF CLEARWATER, FLORIDA RESPONSE TO R E QUEST FOR PRO P 0 S A L (R F P # 16 - 0 5 ) FOR BIOSOLIDS SERVICES AMS, INC P.o. Box 97 Terra Ceia, FL 34250 . Office: 941-776-8706 Fax: 941-776-8707 March 25, 2005 Attachment number 3 Page 2 of 29 ,. Item # 15 Attachment number 3 Page 3 of 29 APPALACHIAN MATERIAL SERVICES. INC. P.O. BOX 97 TERRA CEIA, FL 34250 OFFICE: 941.776.8706 FAX: 941.776.8707 March 16, 2005 City of Clearwater Municipal Services Building 100 So. Myrtle Ave 3rd Floor Clearwater, FL 33756 Attn: George McKibben Purchasing Manager Re: Request For Proposal (RFP #16-05) For Biosolids Services Dear Mr. McKibben, Appalachian Material Service, Inc is pleased to respond to the City of Clearwater's Request for Proposal for the above referenced project. Enclosed is the requested information necessaryJor the City to evaluate our capabilities. We have enclosed two additional proposal sheets, labeled C. and D. for your review and appreciate your attention to these documents. Included is an account of our Company's history. As indicated, Appalachian Material Service, Inc. currently has three Residual Management Facilities. The Nordgren RMF, FLA280348 is located in Hernando County, while the MJ RMF, FLA 190284 and the Taylor RMF, FLA268267 are located in Manatee County. Our permitted application sites that would be used for the City of Clearwater's biosolids are located in Hernando, Highlands, Manatee, and Polk counties. The database we use for record keeping allows us to provide clients and local governmental agencies with detailed information obtained from the daily loads hauled, processed and or land applied. Additionally, we produce the DEP required Residual Annual Summaries for all our customers. We look forward to working with the City of Clearwater's staff on this project. We are confident that we can provide the citizens of Clearwater with an environmentally safe and reliable system to transport, process and dispose of your biosolids. We will be happy to provide you with complete documentation if our proposal comes under consideration. Please feel free to contact me at your convenience. Sincerely, Appalachian Material Services, Inc. ~ Item # 15 J on Wimpy {/," President Attachment number 3 Page 4 of 29 I-rom: .Jane Maruey At: RTllnsurance Services, Inc. FaxlD: RTI INSURANCE SERVIC To: Kathy Date: 312112005 09:58 AM Page: '2 of 3 ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 L~ DATE (MMlDDIYYYY) APP~-l 03/21/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RTI Insurance-Bradenton ONLY AND CONFE~SNO RIGHTS UPON THE CERTIFICATE Braden ton HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXrEND OR 6311 Atrium Drive, suite '209 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Bradenton FL ,34202 Phone: 941-328-4487 Fax: 941-328-6711 INSURERS AFFORDING COVERAGE NAlC# INSURED 1/IlSUlER A:. Canal Insurance COlDPany INSLRER 8: ~palachian Material Service, INSLRER c: Nautilus Insurance Company P Box 97 1/IlSUlER D: tr~.ssi..,. %nsurane. CHlpany 02962 Terra ceia FL 34250 I~E: American EmPire COVERAGES THE POliCIES OF INSURANCE L1,STED BELOW HAVE 8EE/lISSUED TO THE I/ISUlED NMEDABOVE fOR THE POliCY PERIOD I!\OICATED. NOTWIlHSTAM>11IG NlY REOUIREtlENT, TERM OR COIVI1JO/I OF />IIY CONTRACT OR OTHER IJOCI.NENT WITH RESPECT TO WHICH THIS CERTIfiCATE MAY BE ISSUED OR MAY PERTAIN, THE IIISlRI'NCE AffORDED 8Y THE POliCIES DESCRIBED I-EREIN IS Sl8.ECT TO AlL THE TERMS, EXa.USIONS At<<) CONDITIONS OF SUCH POliCIES. AGGREGATE lIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID ClAIMS. LTR NSR[( TYPE OF tlSURANCl POlICY NUMBER DATE (MMlDDIYY) , DA1;E'(MtNooIYY) LHITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - C ~ COM.ERCIAI. GE/lERAlLIABIlITY NC337131 03/19/05" 03/19/06 u""""'->t: IU ><tNIt:U $ 100,000 :=J ClAIMS MOVE ~ OCCLR PREMISES (Ea oco.xenca) - tIED EXP (Any one person) $5,000 PERSOIIAl & I'DV ItuJRY 51,000,000 " GEfoERAl AGGREGATE $2,000,000 - GEN'l AGGREGATE LIMIT APPliES PER: PRODUCTS - COIdPIOP AGG 5 Included hPQ,cyn~ nlOC AUTOMOBILE UABILITY COtlBINED SINGlE LIMIT I-- 51,000,000 A />IIY AlJTO X021742 - 1,000,000 03/19/05 03/19/06 (Ea ac<;idert) ~ A AlL OW/IEDAlJTOS BOOR. Y IN.A.RY - (Par person) 5 0 ~ SCl-EDUlED AlJTOS HIRED AUTOS BOOlL Y ItuJRY - 5 /ION-O'MEO AlJTOS (Par accidarll - PROPERTY OIIMAGE 5 (Par accidarl) GARAGE LIABlLITY AlITO O/Il Y - EA ACCIDENT $ =i />IIY AlJTO OTI-ER 1HA/I EA ACC $ AUTO O/Il Y: AGG $ EXCESSNMBREU..A UABILlTY EACH OCCURRENCE $2,000,000 E ~OCCLR o ClAIMS MODE 4CU11750 07/20/04 03/19/05 AGGREGATE 52,000,000 $ 8, DEDUCTIBLE . 5 X REtENTIO/I $10,000 $ WORKERS COr.l'ENSATION AND !,QRY ll;.fl'TS I I'~ EMPLOYERS' LIABILITY E.l. EACH ACCIDENT $ />IIY PROPRIETORJPAAThERlEJ<EOITIVE OFflCERlMEM3ER EXQ.1.J)E[)1 E.l. DISEASE - EA EMPlOYEE $ II yes, describa 00ller E.l. DISEASE - POliCY LIMIT $ SPECIAl. PROVISIO/IS b_ OTtER Auto Physical Dam SCA7773 07/20/04 01/02/05 TIV 600,000 Essex -BKa Ded 5,000 DES~ON OF OPERATIONS I LOCATIONS J VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS APPA097 CANCELLATION SHOULD NlY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEfORE TtE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIl. 30 DAYS WRITTEN NOTICE TO THE CERT1F1CATE HOLDER NAMED TO THE lEFT, IlVT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF NlY 1<1-IO UPON THE INSURER. ITS A,GENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT A TlVE CERnFlCATE HOLDER Appalachian Material services Inc Fax 941-776-8707 PO Box 97 Terra Ceia FL 34250 John M Gada ACORD 25 (2001108) @ ACOR D COR 88 Attachment number 3 Page 5 of 29 ~ Branch Banking & Trust Co. 60 Main Street West Dahlonega, GA 30533 March 18, 2005 City of Clearwater 100 S. Myrtle Ave. 3 rd Floor Clearwater, FI. 33756 RE: RFP-16-05 To Whom It May Concern: Please accept this letter as our commitment to issue a commercial letter of credit for Appalachian Material Service, mc., for your benefit in an amount up to $400,000.00. Sincerely, R,pI- ,,1ft- Robert Schue~r Vice President Item # 15 Attachment number 3 Page 6 of 29 BIDDER'S PROPOSAL PROJECT: HAULING AND DISPOSAL OF BIOSOLIDS A. BASE BID ITEMS ITEM EST. UNIT UNIT NO. DESCRIPTION UNIT OTY. PRICE TOTAL 1. STABILIZED (Class B) WET TONS 435 $ 38 80wetton $1fiR7R.00 BIOSOLIDS (pER WEEK) (DEWATERED CAKE) TO LAND APPLICATION 2. UNST ABILIZED SLUDGE WET TONS 200 $ r:;R R owet ton $11760.00 (DEW ATERED CAKE) (pER WEEK) TO LANDFILL 3. LIQUID SLUDGE GALLONS 84,000 $ O. 0 1 8gallon $1512.00 (Approx. 6% Total Solids) (PER WEEK) EAST APCF TO NE APCF BIDDER'S WEEKLY SUB~TOTAL $ 30,150.00 (Numbers) BIDDER'S PROJECT TOTAL (WEEKLY TOTAL x 104 WEEKS) = BASE BID $ 3, 1 3 5 , 6 0 0 . 0 0 (Numbers) BIDDER'S PROJECT TOTAL (WEEKLY TOTAL x 104 WEEKS) = BASE BID $ Three million one hundred thirty-five thousand six (Words) hundred dollars CONTRACTOR: Appalachian Material Service, Inc. Item # 15 Attachment number 3 Page 7 of 29 ' B. ALTERNATE BID ITEMS ITEM EST. UNIT UNIT NO, DESCRIPTION UNIT OTY. PRlCE ALTERNATES: 1. CLASS B BIOSOLIDS WET TONS 435 $ 4R. 4_Qwetton REQUIRING (pER WEEK) INCORPORATION 2. UNST ABILIZED SLUDGE WET TONS 635 $ 51 .80wetton (DEW ATERED CAKE) (pER WEEK) TO RMF 3. LIQUID SLUDGE GALLONS 70,000 $ o. 05 4gallon (Approx. 6% Total Solids) (PER WEEK) MARSHALL ST. APCF TO NE APCF (ADDITIONAL STORAGE TRUCK METHOD) 4. LIQUID SLUDGE GALLONS 126,000 $ o. 04 4gallon (Approx. 6% Total Solids) (pER WEEK) MARSHALL ST. APCF TO NE APCF (PUMP FROM TANK METHOD) THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. Item # 15 Attachment number 3 Page 8 of 29 ,. '..';U= BIDDER'S PROPOSAL PROJECT: HAULING AND DISPOSAL OF BIOSOLIDS c. BASE BID ITEMS ITEM NO. DESCRIPTION EST. UNIT UNIT OTY. 435 UNIT PRICE TOT.<\1 1. STABILIZED (Class B) BIOSOLIDS (DEWATERED CAKE) TO LAND APPLICATION WET TONS (pER WEEK) $ 3 8 . 8 Q wet tOll $ ~8.2B.... 0 0 2. UNST ABILIZED SLUDGE (DEW ATERED CAKE) MARSHALI., ST. APCF TO ANY OF "l\,MS, INC 3. LIQUID SLUDGE (Approx. 6% Total Solids) EAST APCF TO NE APCF WET TONS (pER WEEK) 200 $44.80 wetton $8960.00 RESIDUAL MGMT. FAC]L~'J'JES , 'GALLONS 84,000 $0 ~ 018 gallon (pER WEEK) $1512.00 .BIDDER'S WEEKLY SUB-TOTAL $ 27,350.00 (Numbers) BIDDER'S PROJECT TOTAL (WEEKLy TOTAL x 104 WEEKS) = BASE BID $ 2, 844, 400. 00 ..... " (Numbers) BIDDER'S PROJECT TOTAL (WEEKLl{'10TAL x 104 WEEKS) = BASE BID. " $ Two million ei ght- hunn~A~ 'fourt~p f~H!r tho €I f. (.Words) , """. .,' 1::1san- -O\::lr hundred .dollars CONTRACTOR: Appalachian Material SerVice, Inc. Item # 15 D. AL TERNA TE BID ITEMS ITEM' NO. DESCRIPTION AL TERNATES: EST. UNIT 1. UNSTABILIZED SLUDGE WET TONS (DEW Ar.EREDCAKE) MARSHALL s~r. APCF TO ANY OF AMS, INC. RESIDUAl, MGl\:lT. FACILITIES Attachment number 3 Page 9 of 29 UNIT UNIT QTY. PRICE TOTAL 200 $_42.80_wet ton $_8560.00_ THIS PRICE lS VALID IF AWARDED THEMARSHALL STREET APCF ONLY. WITH OUR EXPERIENCE IN STABALIZING RESIDUALS, AMS IS INTERESTED IN THIS PORTION OF THE PROJECT SPECIFICALLY. WE LOOK FORWARD TO PROVIDING TIlE CITY OF CLEARWATER WITH THIS SERVICE. Item # 15 Attachment number 3 Page 10 of 29 CITY OF CLEARWATER, FLORIDA REQUEST FOR PROPOSAL (RFP #16-05) FOR BIOSOLIDS SERVICES OPEN MARCH 25, 2005 AT 4:00 PM TO BE DELIVERED City of Clearwater Purchasing Manager Municipal Services Building 100 So. Myrtle Avenue (3rd) Floor Clearwater, FL 33756 Or mailed to Purchasing Manager George McKibben PO Box 4748 Clearwater, FL 33758-4748 Item # 15 Attachment number 3 Page 11 of 29 TABLE OF CONTENTS Section Title Page PART A. GENERAL INFORMATION 1. INTENT...... ... ... ... ;.. ...... ... ......... ......... ... ... ... .,. ,.. .,. .,. .,. .,. ,., ... ..........4 2. CALENDAR OF EVENTS............................,.................................... 4 3. AWARD...... ............................................"....................................4 4. VENDOR QUALIFiCATIONS............................................................ 4 5. INSTRUCTIONS -INFORMATION TO BE SUBMITTED........................ 5 6. EVALUATION CRITERIA... .,. ... ...... ... ... ... ... ... ...... ... ... ... ... ... .., ............. 5 7. PERIOD OF CONTRACT......... ... .................. ...... ...... ... ... ... ................5 8. PRICE... ... ... ... ... ... ............ ... ... .,. ...... ... ... ............... .,. ...... .................5 9. PAYMENTIINVOICES... .,. ...... ...... ...... ...... ........................ ......... ......5 10. REFERENCES...... ... .,. .., .., ... ... .., ... ... ... ... ...... .., .,. ... ... ..; ... ... ... ... ... ...5 11 . CANCELLATION AGREEMENT... ...... ... .. . ... ... ... ... ... .., ... ... ... ... ., . . .. ... .. 5 12. CONTRACT ASSIGNMENT... ......... ...... ...... ... ... ... ... ... .,. .,. ... ... ... ... .... 6 13. PERFORMANCE BOND.................................................................. 6 14. INSURANCE...... .,. .., ... ... ... ... ... .., .,. ... ... ... ... ... ... ...... ......... ... .,. ... .,. ...6 15. FISCAL NON-FUNDING... .., .................. ......... ... ...... ... ......... .,. ... ...... 7 16. INTERPRETATIONS/CLAR!F!CATIONS... .,. ... .,. ...... ........, ......... ... ... ... 7 17. VISIT TO SITES... ...... ......... ...... ............ ... ... ...... ...... .., ...... ... ... .,. ..... 7 18. SOURCE FACILITES......... ............... ............ ...... ......... ...... ... ..........7 19. EXTENSION... ...... ...... ... ... ... ... .,. ... ... .,. ...... ,.. ...... ... ... ... ... ... .., ... .,. ...8 20. INDEMNIFICATION... ...... ............... ... .., ... ...... ...... ... .,. ... ." .., ...... ... ... 8 21. CONTRACT COMMUNiCATIONS.................................................. ....8 PART B. SPECIFICATIONS AND SCOPE OF WORK 1. GENERAL INFORMATION................................................... ............9 2. SCOPE...... ... ...... ............ ...... .., ... ... ... ... ... .,. ... ... ... ... ... ...... ... .......... 9 3. RESIDUALS BID ITEM DESCRiPTIONS................................. ..............1 0 4. COMPOSITION OF SLUDGE...........................;............................... 13 5. CONTRACTOR REQUIREMENTS... .,. ...... ... ... .., ...... .,. ... ....,. .,. ...... .., ..14 6. REGULATORY REQUiREMENTS..................... ..................... ........... 14 7. COMMUNiCATIONS..................................,........................,........... 15 8. ODORS....................................................................................... .15 9. PERMITS, AGRICUL rURAL USE PLANS and LICENSES..................... 15 10. CLEANUP... .,. ... .,. ...... ...... ... ... ... ......... ...... ... ... ... .,. .., .., ... ,.. ... ... .,. .,. 16 11. EQUIPMENT... ... ... ...... ... ... ... ...'... .., ...... ,.. ...... ... ... ...... ......... ............16 12. PAYMENTS AND PENALTIES..................................................,.,.... .17 13. QUALITY STANDARDS... ... ...... ... ... ,.. ... ... ..' ...... .,. .,. ... .,. ... ... .., .., ..' ... 18 14. MANIFESTS AND TRUCK TRACKING............................................... 18 15. REPORTING... ... ... ... ... .;. ... .,. ... ... .,. .,. .., ,.. ... ... ... ... ... ... ... .., ... .., .,. ... ...18 Item # 15 2 Attachment number 3 Page 12 of 29 PART C. SUPPLEMENTAL STANDARD CONDITIONS 1. APPROPRIATIONS CLAUSE........................................................... 19 2. PROTEST PROCEDURES................................................... ..............19 3. NO CORRECTIONS CLAUSE... ...... ... ......... ... ... ...... ... ...... ................ 19 4. OPENNESS OF PROCUREMENT CLAUSE........................................ 19 5. NO COLLUSION CLAUSE............................................................... 19 6. INFORMALITY/REJECTION CLAUSE... ...... ...... ... ......... ............ ...... ...19 7. NON-DISCRIMINATION & EQUAL OPPORTUNITY.............................. 19 8. CONFLICT OF INTEREST...... ......... ...... ......... ...... ...... ...... .. ....... ........ 20 ATTACHMENTS A. BIDDER'S PROPOSAL FORM... ......... ............... ... ... ......... ... ......... ... .21 B. INSURANCE CERTIFICATE............ ................................................ 22 C. BONDING CERTIFICATE... ...... ... ... ............ ......... ... ... ...... ... ... ... ... .... 23 D. REFERENCE LiST......................................................................... 24 E AGRICULTURAL USE PLAN (DEP FORM 62-640.210(2)(a)).....................25 F. RESIDUALS ANNUAL SUMMARY (62-640.210(2)(b)) AND RESIDUALS MONITORING REPORT (DEP FORM 62-640.210(2)(d))... ......... ...... ...... 26 Item # 15 3 Attachment number 3 Page 13 of 29 PART A. GENERAL INFORMATION 1. INTENT It is the intent of this Request for Proposal to receive proposals from qualified firms to provide wastewater biosolids management services for three advanced pollution control facilities. The City of Clearwater desires to continue with and enhance its current program for the beneficial reuse ofbiosolids. 2. CALENDAR OF EVENTS The tentative schedule associated with the circulation of the RFP and submission of proposals is: DATE February 23, 2005 March 10, 2005 March 25,2005 March 28, 2005 April 21, 2005 May 1, 2005 3. AWARD TASK Release Date - Advertise and issue RFP's Pre-Proposals Conference (Site Visits ~ See Part A, Section 17) Sealed Proposals (RFP's) Due Selection Committee Recommendation to City Council City Council Approval - award of contract by Council Contract initiation! start date (if approved by Council) - Contractor Begins Work Proposals will be reviewed and evaluated by a group consisting of qualified City Staff and Consulting Engineers. The proposals will be evaluated on cost, level of treatment, proposer qualifications, and the financial capability of the proposer. The City shall not be bound to make an award based only on the lowest price. The City reserves the right to award to multiple providers. The City reserves the right to reject any and all proposals. 4. VENDOR QUALIFICATIONS In addition to requirements specified in the following paragraphs, the bidder should have the following minimum qualifications: a. 5 years experience in the sludge hauling and disposal business. b. Current sludge transportation licenses. c. Current FDEP permits. Item # 15 4 Attachment number 3 Page 14 of 29 5. INSTRUCTIONS -INFORMATION TO BE SUBMITTED Proposal must include Bidder's Proposal Form (Attachment A), Insurance Certificate (Attachment B), Bonding Certificate (Attachment C), Reference List (Attachment D), Agricultural Use Plan (DEP Form 62-640.21O(2)(a)) (Attachment E), and Residuals Annual Summary (DEP Form 62-640.21O(2)(b)) and Residents Monitoring Report (DEP Form 62- 640.21O(2)(d)) (Attachment F). 6. EVALUATION CRITERIA Evaluation will be performed by the evaluation team and consider proposal pricing included in Attachment A along with the proposer's qualifications indicated in a response to Item #4. 7. PERIOD OF CONTRACT The term of the contract awarded as result of this proposal shall be for twenty-four (24) months from the date of execution of the agreement with an option for a one-year extension at the discretion ofthe City. 8. PRICE The price shall be firm for the contract period and the optional extension. Prices proposed shall be inclusive of all labor, equipment, and material to accomplish the specified service noted on the proposal form. 9. PAYMENT/INVOICES The proposer must specify on the proposal submittal form their exact company name and address. This name must be the same as invoices submitted for payment as a result of award of this RFP. The successful proposer(s) will be responsible for immediately notifying the City of Clearwater Purchasing Department of any Company name change that would cause invoicing to change from that originally submitted. 10. REFERENCES Reliability of service shall be evaluated to determine the lowest responsible proposal according to ItertiH#3 of Part A: General Information. Proposers must provide a reference list of municipalities for whom they have provided similar service. It is the intent of the City of Clearwater to inspect all equipment and facilities used in performance of the contract. 11. CANCELLATION AGREEMENT The City of Clearwater reserves the right to cancel the contract without cause by giving thirty (30) days prior notice to the contractor in writing of the intention to cancel. The City of Item # 15 5 Attachment nl'lmber 3 Page 15 of 29 Clearwater reserves the right to cancel at any time with cause if the contractor fails to fulfill or abide by any terms or conditions specified. Failure of the contractor to abide by any of the provisions and specifications of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Clearwater. 12. CONTRACT ASSIGNMENT No portion or part of the work specified in the RFP or in the award of contract may be assigned or subcontracted without the written approval of the City of Clearwater, Public Works Administrator and/or the Public Utilities Director. The written request :from the Contractor to the Wastewater Supervisor must state the extenuating circumstances that have necessitated the use of a subcontractor for the Work. The Contractor prior to subcontracting any portion of the project work must receive written approval :from the Wastewater Supervisor. An exception to this requirement will be allowed for the liquid hauling from the Marshall Street Advanced Pollution Control Facility (APCF) and the East APCF to the Northeast APCF. 13. PERFORMANCE BOND The successful proposer must supply a performance bond in the amount often percent (10%) of the total. of the award prior to the City of Clearwater's executing the contract or issuing a purchase order. 14. INSURANCE The contractor or Vendor shall obtain or possess the following insurance coverage, and shall provide Certificates of Insurance to the City to verify coverage prior to commencing operations under the contract. The insurance coverage shall contain a provision that forbids any changes or material alterations in the coverage without providing 30 days prior notice to the City. 1. Workers Compensation: Each Contractor or Vendor shall provide Workers Compensation coverage for all of its employees at the work location. The limits shall be statutory for Workers Compensation and $100,000.00 for Employers Liability. 2. Comprehensive General Liability: Each Contractor or Vendor shall provide coverage for all operations including but not limited to: contractual services, completed operations, and Personal Injury. The limits shall be not less than $1,000,000.00 Combined Single Limits (CSL) or its equivalent. The City of Clearwater is to be added as an additional insured. 3. Comprehensive Automobile Liability: Each Contractor or Vendor shall provide coverage for all owned and leased or rented vehicles for limits not less than $500,000.00 Combined Single Limits (CSL) or its equivalent. The City of Clearwater is to be added as an additional insured. Item # 15 6 Attachment number 3 Page 16 of 29 15. FISCAL NON-FUNDING In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the contractor of such occurrence and the contract shall terminate on the last day of the then current fiscal period without penalty or expense to the City. 16. INTERPRETATIONS/CLARIFICATIONS No oral interpretations will be made to any firm as to the meaning of specifications or any other contract documents. Every request for interpretation must be in writing and shall be received by the City of Clearwater Purchasing Director no less than ten (10) calendar days prior to the date set for the opening of proposals. Significant interpretations or clarifications shall be made as an addendum to the RFP documents. All addenda will be sent as promptly as practicable and become part of the contract documents. 17. VISIT TO SITES There will be a NON-MANDATORY scheduled "Pre-Proposal Conference" on March 10, 2005, starting at 9:00 AM at the Marshall Street APCF proceeding to the other two source facilities. The intent of this conference is to familiarize the contractor with each of the facilities and the associated loading area, access, and adjacent structures. It is highly recommended that the proposing contractor utilize this opportunity to access the areas, since there will be no guarantee that personnel will be available at other dates & times. Contacts and physical location of the facilities are identified in Section 18 of Part A General Information. 18. SOURCE FACiliTIES City of Clearwater Northeast Advanced Pollution Control Facility 3290 State Road 580 Clearwater, Florida 34695 (727) 462-6667 Contact: Roger Hooey, Lead Operator City of Clearwater Marshall Street Advanced Pollution Control Facility 1605 Harbor Drive Clearwater, Florida 33755 (727) 224-7690 Contact: Jeff Borden, Lead Operator City of Clearwater East Advanced Pollution Control Facility 3141 Gulf-to-Bay Clearwater, FL 33759 (727) 462-6667 Contact: Loren Pratt, Lead Operator Item # 15 7 Attachment number 3 Page 17 of 29 19. EXTENSION The length of this Contract shall be for twenty four (24) months. Contingent upon satisfactory annual performance, there is an option to extend this contract for an additional year at the same per unit prices. Upon written authorization of both parties within 60 days of the expiration ofthis contract, either party may contact the other party. 20. INDEMNIFICATION The first ten dollars ($10.00) of compensation received by the Contractor pursuant to this contract represents specific consideration for the following indemnification: The Contractor shall defend, indemnify, save, and hold the City of Clearwater harmless from any and all claims, suits, judgments and liabilities for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance of this contract by the Contractor or it's employees, including legal fees, court costs, and any and all other legal expenses brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor; or by , or in consequence of any neglect in safeguarding the work: or by, or on account of any act or omission, neglect or misconduct of the said Contractor; or by, or on account of any claims or amounts recovered under the "Workers Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasion.ed by the sole negligence of the City of Clearwater. 21. CONTRACT COMMUNICATIONS All operational communications relative to this contract after award and contract execution shall be provided to the Contractor's operational manager via telephone and/or fax, and duplicated in writing (if not conveyed by facsimile) to the Contractor's operational manager. The Contractor is to provide a contract administrator for the purpose of cooperation and coordination of activities regarding operations, conflicts, resolutions, etc. Item # 15 8 Attachment number 3 Page 18 of 29 PART B. SPECIFICATIONS AND SCOPE OF WORK 1. GENERAL INFORMATION The information appearing hereafter is furnished for the benefit of the bidder in preparing his bid as some portion of the information mayor may not appear elsewhere in the bid documents. The selected Contractor will be given as much latitude and assistance as possible in planning and coordinating his work, however, all work required to properly achieve the objective of the project must be carried out and be consistent with approved domestic wastewater residuals removal, treatment and disposal practices normally observed throughout the industry and must comply with all Federal, State, County and local regulations as well as the Contract Documents. 2. SCOPE The purpose of these specifications is to describe the requirements of the City of Clearwater for: . the removal and disposal of dewatered and stabilized (Class B) and/or dewatered and unstabilized domestic wastewater residuals (residuals) from the City's Marshall Street and Northeast advanced pollution control facilities (APCF), . haul of liquid unstabilized residuals from the City's East APCF to the Northeast APCF, and . two possible options to haul liquid unstabilized residuals from the Marshall Street APCF to the Northeast APCF, . a possible option to haul dewatered and unstabilized domestic wastewater residuals from the Marshall Street and Northeast APCFs to a Residuals Management Facility (RMF), . a possible option to haul dewatered residuals not meeting the Vector Attraction requirements of Class B to the hauler's permitted site for incorporation into the soil within 6 hours of application on the land. The selected Contractor will furnish all labor, materials, equipment and incidentals necessary to remove, transport, and dispose of wastewater sludge in the manner prescribed in and pursuant to the requirements ofthis contract. Item # 15 9 Attachment number 3 Page 19 of 29 3. RESIDUALS BID ITEM DESCRIPTIONS A. Base Bid Items There are three (3) base bid items as described in this section. The contract will be awarded based on the sum of the bid prices of these three items, and the evaluation process described in Part A.6. 1. Stabilized (Class B) Biosolids (Dewatered Cake) to Land Application The estimated annual amount of dewatered and stabilized (Class B) Biosolids to be removed and disposed of from the Northeast APCFs is approximately Twenty Thousand (20,000), wet tons, based on an assumed solids concentration of 16%. The amount of residuals to be removed daily will vary from day to day as required for efficient plant operation, however, an estimate of four hundred thirty five (435) wet tons will need to be removed weekly. For bidding purposes the following removal and disposal quantities of stabilized and dewatered residuals shall be used: Stabilized (Class B) Biosolids from the Northeast APCF: 435 wet tons per week 2. Un stabilized Sludge (DewateredCake) to Landfill The estimated annual amount of dewatered and unstabilized residuals to be removed and disposed of from the Marshall Street APCFs is approximately Nine Thousand (9,000) wet tons, based on an assumed solids concentration of 16%. The amount of residuals to be removed daily will vary from day to day as required for efficient plant operation; however, an estimate of two hundred (200) wet tons will need to be removed weekly. For bidding purposes the following removal and disposal quantities of stabilized and dewatered residuals shall be used: Un stabilized residuals from the Marshall Street APCF: 200 wet tons per week 3. Liquid Sludge (Approximately 6% Total Solids) East APCF to NE APCF The East APCF produces a liquid residual that requires transport to the Northeast APCF for stabilization and dewatering. The estimated amount of unstabilized liquid residuals to be hauled from the East APCF to the Northeast APCF for stabilization and dewatering will vary from day to day as required for efficient plant operation; however an estimate of approximately 84,000 gallons per week Item # 15 10 Attachment number 3 Page 20 of 29 will need to be hauled. The liquid biosolids are approximately 6% (+1- 2%) total solids and are unstablized. Bidders shall use the following hauling quantities for bidding purposes: Un stabilized sludge from the East APCF to the Northeast APCF (a distance of approximately 5 miles): 84,000 gallons per week B. Alternate Bid Items: The City is interested in other sludge disposal options as shown in the following alternate items. Bidder is not required to submit the alternate bid prices, but inclusion will facilitate selection and award of contract. 1. Class B Biosolids Requiring Incorporation In the event that routine testing of biosolids generated at the Northeast APCF determines that the biosolids meet the Class B requirements for Pathogen Reduction, but do not meet the Class B requirement for Vector Attraction Reduction, the City wants the option of hauling these dewatered residuals to the hauler's permitted site for incorporation into the soil within 6 hours of application on the land. The amount of residuals to be removed and disposed of in this manner will vary depending on the results of the routine biosolids testing. For bidding purposes the following removal and disposal quantities of Class B biosolids requiring incorporation shall be used: Class B Bioslids Requiring Incorporation: 435 wet tons per week 2. Unstablized Sludge (Dewatered Cake) to RMF The City may decide that unstabilized dewatered residuals can be hauled to an RMF based on hauling and disposal fees. This may include the unstablized and dewatered residual generated at the Marshall Street APCF, any dewatered residuals generated at theNortheastAPCF that routine testing determines does not meet Class B requirements for stabilization, or the combination of these two residual quantities. The amount of residuals to be removed daily will vary from day to day as required for efficient plant operation and will depend on the results of the routine biosolids testing. However, for bidding purposes an estimate of two hundred (200) wet tons of dewatered unstabilized residuals from the Marshall Street APCF Item # 15 11 Attachment number 3 Page 21 of 29 and four hundred thirty five (435) wet tons of dewatered unstabilized residuals from the Northeast APCF may need to be removed weekly. Bidders shall use the following hauling quantities for bidding purposes: UnstabiIized sludge to RMF: 635 wet tons per week 3. Liquid Sludge (Approx. 6% Total Solids) to NE APCF (Additional Storage Truck Method) The liquid residuals produced by the Marshall Street APCF can be either waste activated sludge or a mixture of primary and waste activated sludge. If the City decides that only waste activated sludge is to be hauled to the Northeast APCF for stabilization and dewatering, the hauler will be required to have a minimum 6,000 gallon sludge tanker on site at all times available for filling and then hauling to the Northeast APCF. This is necessary because the Marshall Street APCF does not have storage tanks available to isolate primary and waste activated sludges. The liquid biosolids are approximately 6% (+/- 2%) total solids and are unstablized. The estimated amount of unstabilized liquid residuals (waste activated sludge) that can be hauled from the Marshall Street APCF to the Northeast APCF for stabilization and dewatering will vary from day to day and will depend on the capability and capacity of the systems at the Northeast APCF. Bidders shall use the following hauling quantities for bidding purposes: Un stabilized liquid sludge from the Marshall Street APCF to the Northeast APCF (a distance of approximately 8.5 miles): Waste activated sludge only: 70,000 gallons per week 4. Liquid Sludge (Approx. 6% Total Solids) to NE APCF (Pump From Tank Method) If the City decides that the mixture of primary and waste activated sludge is to be hauled to the Northeast APCF for stabilization and dewatering, the mixture of sludges can be stored by the City in an existing sludge blend/storage tank at the Marshall Street APCF. As a result, the liquid sludge mixture can be pumped directly from the existing storage tank at the Marshall Street facility. The estimated amount of unstabilized liquid residuals that can be hauled from the Marshall Street APCF to the Northeast APCF for stabilization and dewatering will vary from day to day and will depend on the capability and capacity of the systems at the Northeast APCF. Item # 15 12 Attachment number 3 Page 22 of 29 Bidders shall use the following hauling quantities for bidding purposes: Un stabilized sludge from the Marshall Street APCF to the Northeast APCF (a distance of approximately 8.5 miles): Waste activated sludge plus primary sludge: 126,000 gallons per week Note that all of these residual quantities should be used for estimating purposes only. The actual quantities may vary because the City may be able to produce Class B Biosolids from a portion of the Marshall Street APCF sludge at the Northeast APCF, or conditions may not allow all sludge treated at the Northeast APCF to meet Class B requirements. Therefore, this quantity can be either all Class B biosolids, all unstabilized sludge, or any combination of the two. It is further understood that these quantities are not exact and that the City makes no guarantee of the total amounts to be hauled or removed for disposal. Seasonal fluctuations may require processing of 200% of the average. Should the City encounter operational problems at the APCFs which impact the shipment of bio-solids, the Contract shall make every effort to accommodate such interruptions. Frequency of Removal: An estimate of six hundred thirty five (635) wet tons per 7-day week of thickened wastewater re::;iduals shall be removed with such removal distributed over a 5 day period, between the hours of 7:00 A.M. to 4:00 P.M., Monday through Friday. For residuals removal at other times, a verbal request must be submitted to' the Wastewater Supervisorior approval. Residuals disposal on City observed/calendar holidays without additional compensation will be scheduled only if necessary. The Contractor shall coordinate the scheduling of residuals removal during the above days and times with ' the Wastewater Supervisor or his designee. Under no circumstances shall scheduled residuals removal be delayed more than 48 hours. See Paragraph 12 regarding Penalties. The Contractor shall notify the Wastewater Supervisor or his designee immediately whenever situations develop that would interfere with the scheduled residuals removal. 4. COMPOSITION OF SLUDGE The Clearwater Northeast and Marshall Street APCFs will provide stabilized and/or unstabilized domestic wastewater residuals at a solids concentration of ranging from approximately 16.0% to 18% total solids. The following is the latest 12-month average of reported parameters for the residuals from each of these facilities. The data is provided for informational purPoses only and is not a guarantee of the characteristics of the biosolids. Parameter Units Average Concentration Northeast Marshall Street(1) Total Nitrogen Total Phosphorus Total Potassium % dry wt. % dry wt. % dry wt. 0.24 0.20 0.22 0.30 0.18 0.11 Item # 15 13 Attachment number 3 Page 23 of 29: Cadmium mg/kg, dry wt. <0.55 <0.55 Copper mg/kg, dry wt. 800 754 Lead mg/kg, dry wt. 31 54 Nickel mg/kg, dry wt. 40 46 Zinc mg/kg, dry wt. 693 657 Arsenic mg/kg, dry wt. 20 22 Chromium mg/kg, dry wt. 30 35 Mercury mg/kg, dry wt. 1.1 1.1 Molybdenum mg/kg, dry wt. 26 22 Selenium mg/kg, dry wt. 6.6 7 pH (Laboratory) Units N/ A (2) N/A Total Solids % 17.6 (3) 17(3) Notes: (1) The data is representative of anaerobically digested blend of primary sludge and thickened WAS from the Marshall Street APCF. (2) pH of un stabilized domestic wastewater residuals will be pH 6.5 to pH 9.0. (3) Total solids of residuals will be in the range of 16 to 18% total solids. 5. CONTRACTOR REQUIREMENTS The Contractor ac~epts fulJ responsibility and liability for the hauling and disposal of residuals from the pointsofloading from the source facility, in accordance with Chapter 62.640, F.A.C. Biosolids disposal from the City's Northeast and Marshall Street APCFs will be as follows: 1. Class B Biosolids by the following Land Application Methods: a) Surface application: Biosolids that meet the Class B pathogen reduction and vector attraction reduction, per 62-640.600(1)(b), F.A.C., can be directly surface applied by the hauler on their permitted land application sites. b) Incorporation into soil: Biosolids that meet Class B pathogen reduction, but do not meet the Class B vector attraction reduction requirements can be incorporated into the soil by the hauler on their permitted land application sites that allow incorporation to achieve vector attraction reduction. 2. Biosolids that do nQLmeet Class B requirements (unstabilized biosolids) shall be disposed of at a Class I Landfill or at a Residuals Management Facility (RMF) by the contract hauler. 6. REGULATORY REQUIREMENTS The Contractor shall be responsible to comply with eXIstmg Florida Department of Environmental Protection (FDEP) and United States Environmental Protection Agency (EP A) ,residuals treatment and disposal regulations and any changes made in these regulations during the contract period. Item # 15 14 Attachment number 3 Page 24 of 29 The Contractor shall meet the requirements of all regulatory bodies having jurisdiction over the hauling, treatment and disposal of domestic wastewater residuals. The Contractor assumes all responsibility for residuals analysis as required in Chapter 62-640, F.A.C. Any spillage, leakage, or release of residuals in transit or at any other location other than an FDEP approved disposal site must be reported to the Wastewater Supervisor and all regulatory agencies within twenty-four (24) hours of the occurrence and include details of the quantity and ultimate disposal method. All clean-up costs are the responsibility of the Contractor. The Contractor agrees, upon receipt of residuals from the City that they will be treated as required by Chapter 62-640, F.A.C. and STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE as outlined in 40 CFR Part 503, that he will accept responsibility for proper treatment and disposal of the residuals as required by Chapter 62-640, F.A.C. and Contractor shall be aware of and will comply with requirements for proper disposal as described in the existing operating permits for each APCF issued by the Florida Department of Environmental Protection. The City of Clearwater's Northeast APCF Domestic Wastewater Facility Permit was issued by FDEP on August 25, 2000 and expires on August 24,2005. The Permit for the Marshall Street APCF was issued on June 2,2000 and expires on June 1,2005. COPIES OF THE PERMITS FOR EACH FACILITY ARE AVAILABLE UPON REQUEST TO THE CITY OF CLEA WATER PURCHASING DEPARTMENT. 7. COMMUNICATIONS The Contractor shall have a me,ans by which the Wastewater Supervisor or his designee can contact the Contractor or his employee in responsible charge, 24 hours per day, 7 days per week. An answering service, electronic paging device or cellular telephone that causes the Contractor or his employee in responsible charge to respond within 30 minutes of the Wastewater Supervisor's contact attempt will be satisfactory. 8. ODORS The City of Clearwater's domestic wastewater residuals shall be disposed of in a manner, which will not cause or contribute to a nuisance odor. 9. PERMITS, AGRICULTURAL USE PLANS and LICENSES The Contractor shall be responsible for obtaining, maintaining and paying for all permits, licenses and registration required by regulatory agencies having jurisdiction over the treatment, hauling, transportation and disposal of wastewater residuals. The Contractor shall secure the required permits for proper reuse and/or disposal of the residuals. This includes preparation of the required Agricultural Use Plan (DEP Form 62-640.210(2)(a)). The Contractor shall submit copies of the Agricultural Use Plan; all permit applications, Item # 15 15 Attachment number 3 Page 25 of 2& approved permits with site plans, and any and all other documentation as required by the Regulatory Agencies, to the City, at no cost to the City. Please note that the City is requiring that Bidders submit with their proposals two (2) copies of the Agricultural Use Planes) for their proposed disposal site(s). The bidder must have multiple sludge disposal sites. Bidders with a single permitting site may not be considered. Records and reports will be submitted to the Wastewater Supervisor as required in Paragraphs 12 & 15. 10. CLEANUP The Contractor shall clean up the job site at the wastewater treatment plants and at the residuals disposal sites at the end of each day of operations. Daily cleanup shall include the removal of soil or residuals dropped on any roads or on public and private property. Daily cleanup shall also include the cleanup of the residuals loading station, cleanup and removal of spilled residuals, and sanitizing any spill area. Any spillage of residuals shall be reported within twenty-four (24) hours to the Regulatory agencies and the Wastewater Supervisor as required in Paragraph 6. 11. EQUIPMENT The Contractor is required to provide all necessary equipment for residuals removal and disposal including hauling vehicles. The Contractor is to own or be sole lessee of the equipment utilized in the performance of the Contract (i.e., no Owner/Operator tractors). The equipment is to have the company name prominently displayed. All hauling vehicles shall have a functional site gauge marked in a fashion to be representative of tank: capacity. If a site gauge on a vehicle reporting to the wastewater treatment plant is not functional, i.e., plugged or stained, it must be unplugged if plugged and replaced if stained before the vehicle returns to the wastewater treatment plant for another load. All hauling vehicles shall arrive at the wastewater treatment plants completely empty. All hauling vehicles are to be kept clean and neat through regular washing (preferably daily) and painting. The Contractor is required to provide other equipment that may be necessary to provide all services specified herein. All equipment shall be in good condition and be properly maintained to minimize down time and should be appropriate for the application. All equipment shall be maintained so that it can be safely operated and does not present a threat to people, private or public property. It shall be the Contractor's responsibility to keep all of this equipment in good working order. The Wastewater Supervisor reserves the right to turn away from the wastewater treatment plants any hauling vehicles/equipment that arrive in an unsafe condition, have obviously not been maintained or are excessively dirty. Item # 15 16 Attachment number 3 Page 26 of 29 12. PAYMENTS AND PENALTIES Payments: The Contractor shall provide duplicate receipts (2) for every truckload of residuals hauled from the wastewater treatment facilities. The receipt shall include weight ofbiosolids and truck tare weight. Each truckload shall have a designated hauling receipt number. These receipts shall be left with the Wastewater Supervisor or his designee on the same day that the residuals are removed. These receipts shall include company name, date, and time of arrival, time of departure, trailer tag number, disposal site, ground water depth, and volume in gallons, driver's signature and Owner's personnel signature. The Contractor shall submit an invoice to the City of Clearwater for payment each month. Included with the invoice shall be completed Florida Department of Environmental Protection Standard Domestic Wastewater Forms: Residuals Annual Summary (DEP Form 62- 640.21O(2)(b)) and Residuals Monitoring Report (DEP Form 62-640.21O(2)(d)). DEP Forms are incorporated in these bid documents by reference. ,Entry on form must include each load ticket number in conjunction with site where residuals were applied. Such form shall be signed and dated by an authorized representative of the company. No invoice for payment shall be submitted without the completed residuals record keeping form. Payments will be based upon the residuals hauling volume calculated by the Wastewater Supervisor and not necessarily that, which is invoiced. Differences between invoiced and calculated volumes must be reconciled between the Contractor and the Wastewater Supervisor before payment on the disputed volume is authorized. The Contractor may observe Owner calculation methods and may have drivers witness measurements used in calculations. 1. Penalties: The estimated quantity of residuals to be removed per week from the Marshall Street and Northeast APCFs is six hundred thirty five (635) wet tons. The estimated quantity of liquid residuals to be hauled from the East APCF to the Northeast APCF is eighty four thousand (84,000) gallons. The Wastewater Supervisor or his designee will inform the Contractor of the quantities to be hauled as the amounts may be more or less than the weekly estimates listed above. If the Contractor does not remove the quantity scheduled by the Wastewater Supervisor or his designee, the Contractor has up to 48 hours to make up the lost quantity while still keeping up with the regularly scheduled quantity. If the Contractor does not make up the lost quantity within 48 hours, the Contractor shall have the obligation to haul such quantity without receiving payment thereof. Failure to haul the quantity, as set forth herein shall be deemed to be a material breach of this Contract. Item # 15 17 Attachment number 3 Page 27 of 29 13. QUALITY STANDARDS Labor, materials and equipment shall be of good quality and be able to perform the project work. Competent operators with appropriate Commercial Driver Licenses shall be provided for the operation of all Contractor equipment. 14. MANIFESTS AND TRUCK TRACKING The Contractor shall provide a numbered ticketing system that will effectively identify the following: the date, the time the load is removed, gallons or wet ton weight, the driver, trailer number, City Staff signature, and any other information necessary to track the removal of bio- solids from the City's facilities. This ticketing system shall be multi-copy so each of the parties may receive a copy of each load. The Marshall Street and Northeast plants have scales and are able to provide a net weight ticket for each load of pressed cake removed. The scales are certified annually by the Florida Department of Agriculture. 15. REPORTING The Contractor will furnish to the City quarterly facility and field operations reports. These reports shall summarize the past quarter and be provided to the City no later than the end of the month following the quarter (Jan-Mar is due by April 30). The City of Clearwater will provide the Contractor monthly biosolids analysis data for the cake produced at the Marshall Street and Northeast facilities. Item # 15 18 Attachment number 3 Page 28 of 29 PART C. SUPPLEMENTAL GENERAL CONDITIONS 1. APPROPRIATION CLAUSE The City, as an entity of government, is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall therefore be released of all terms and other conditions. 2. PROTEST PROCEDURES - RIGHT TO PROTEST Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of their complaints by contacting the Purchasing Manager. 3. NO CORRECTIONS CLAUSE Once a competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. 4. OPENNESS OF PROCUREMENT CLAUSE Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal submitted. 4. NO COLLUSION CLAUSE By offering a submission of an RFP, the proposer certifies that they have not divulged to, discussed or compared his/her competitive proposal with any other proposers and has not colluded with any other proposers or party whatsoever. 6. INFORMALITY/REJECTION CLAUSE The City reserves the right to reject any or all responses and to wave any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City. 7. NON-DISCRIMINATION & EQUAL OPPORTUNITY It is the desire of the City of Clearwater to provide Minority/Women-Owned, Small and Emerging Business Enterprises, and all other business enterprises an equal opportunity to Item # 15 19 Attachment number 3 Page 29 of 29 participate in the performance of all contracts, subcontracts, and other City of ClealWater business activities. The City ofClealWater is an equal opportunity employer. 8. CONFLICT OF INTEREST Proposers warrant and covenant that no official or employee of the City of ClealWater, nor any business entity in which an official of the City of ClealWater has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City of ClealWater. Proposers will notify the City of ClealWater of any potential conflict of interest regarding other work or third party contracts. Item # 15 20 Attachment number 4 Page 1 of 1 ~alachian Material Service, Inc. 9321 Moccasin Wallow Rd. Parrish, Florida 34219 Phone: 941-776-8706 P.O. Box 97 Terra Ceia, FL 34250 Fax: 941-776-8707 January 18, 2007 City of Clearwater Municipal Services Building 100 So, Myrtle Ave 3rd Floor Clearwater, FL 33756 Attn: John Milligan Re: Offer of Contract Extension Dear Mr. Milligan, As you are probably aware, the contract between Appalachian Material Service, Inc. and the City of Clearwater for the removal, treatment and disposal of domestic wastewater residuals bio-solids will expire June 7, 2006. We would like to offer an extension of our services for another year for the same terms and conditions as stated in the current contract. If the City is in agreement with this offer, please send the updated documents to the address above for signature. We hope it meets with your approval. If you have any questions, please feel free to contact me at your convenience, We look forward to our continued relationship, Sincerely, A. Jon Wimpy President ,- //7 #-7' / "---- // -~ ~ Item # 15 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Appoint Tom Calhoun to the Marine Advisory Board with the term expiring on March 31, 2011. SUMMARY: The Appointment Worksheet is Attached. Review Approval: 1) Clerk Meeting Date:3/l/2007 Cover Memo Item # 16 Attachment number 1 Page 1 of 1 APPOINTMENT WORKSHEET FOR COUNCil MEETING March 1, 2007 BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Paul Kelley MEETING DATES: 2nd Wed., 8 am PLACE: Marina APPTS. NEEDED: 1 THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Bob Clark - 320 Island Way #603, 33767 - Self-Employed/Clearwater Printing Inc. Appointed at 01/18/07 meeting Not able to serve/changed his mind THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE VACANCIES: 1. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor (Currently serving on the Airpark Advisory Board) 2. Donald O. McFarland - 108 S. Hercules Ave., 33765 - lawyer Zip codes of current members on board: 1 at 33755 2 at 33761 3 at 33767 Item # 16 Attachment number 2 REC!IVED Name: JAN 2 9 2004 CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOAROSL R ( t b CI t 'd t) .000000CJA ECORDS AND .______ /l) mu~/ earwa er rest en LEGISLATIVE SRVCS DEPT / cfM VC//UervN Home Address: / -;2 f/ c2/ Vi!c/ &tfC f;i 7 / (!//..ea~ Zip ~1)6-.S--- Telephone: 7.:2 ) "'/ / d. 9/.? .;L How long a resident of Clearwater? Occupation: ~ -ea I h,,- Field of Education: c:~~/ ,--, ,I ~ /1-zl Zip -.fl;>,{? ~.J.;> r J'/~/ >'f,t... ; If retired, former occupation: Community Activities: 2/.-J&, >>lo O~~r Interests: Service (current and past): r ~ tJC- 121./ J'l v.' JC..../ .2 /lJ l. i ha./Q4'C/~." ./ -1r"'r t//c~./ Board Preference: Sign~ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue VIS (QrK- ( ,J- RbC ~/ h }</UC /kk"..s/ffA'(J6'C! -2C/[J l ~ Date: /~...2 ~ ~cY{:J y Additional Comments: Item # 16 07!0g!2004 12:17 1 727712g1 73 TOM CALHOUN AttaE'~t nJMber 2 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ::-;;)' r~~/~w all JHQr//;/~ {J'(!,~;;itp~ J~d~ )IV r!.~I?1,p~f;;;r;-,' (Jill >>Ik~.. 7h ~~ /5Svt:;?j h/'~",y L St<~~'~~~ Ii.. ~:!~ ~~~ Yh-r~ ~ J11({r/N&( s: ) / {/~ j~ttc./ /7{Y;{~~J- 2, Have you ever observed a board meeting either in person or on C-View, the City's 1V station? Aft!, ,-, ...t- tCt y,.,( /'~a.c/~ ./,)4~ ~/~"~f IS-, ~ ~ 3. What background andlor qualifications do you have that you feel would qualify you to serve on this Board? ~ / / / '>',/ ~ ' t/~ S.o..(/c.Rd tJN Z. c.h4.,....~r- ~th#"..,/~..//d~S' / ('/~",.......~_~_ ;( ;;: t[li..;~~:;; ;jLd};;~:::~ (' ~ur~.- /d~.. t1J~""~": &...7 .;)<7JI A;{V4!. q, t/lkl-.- a,f ~ ,<::::.,~~...- i}~ 2Vf-~ .wr4 S;'I%-,4~. r7 4. Why do you want to serve on this Board? C 1Jj(j~J-tJ Oi/r..eJ.- io€ ar"f..6--r" MdP"/~ /''e>.>~~r CJ,~ ~<I"~ a,t: iI.~ au~~r s;. '7' (" ~ 0";;,,< ,""':'? ddL fltvJ i-L< htPu/d /) r~ct.' / I Item # 16 07/09/2004 12:17 17277129173 TOM CALHOUN < Name 7t~, (-nM) c.~# Board Name: /III4f2JAJr ~5~!f kffii'-/J PAGF 0":1 Attachmei'il numDer 2 Page 1 of 1 Item # 16 Attachment number 3 Page 1 of 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: DonAld O. McFarland Home Address: Office Address: 108 S. Hercules Ave. 311 S. Missouri Ave. Clearwater, FL Zip 33765 Clearwater, FL Zip 33756 Telephone: 727-446-8952 Cell Phone: Telephone: 72 7 -461-1111 E-mail Address: How long a resident of Clearwater? Occupation: Lawyer Field of Education: 76 years Employer: Self Other Work Experience: If retired, former occupation: Community Activities: Civil Service Board Clearwater Marine Advisory Board Clearwater Other Interests: Board Service (current and past): Board Preference: Marine Advisory Board Additional Comments: -orb S attached list for bo s th require financial disclosure at time of appointment. Please return is 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. fO)l ~ @ ~ ~ WI ~ rm ln1 AUG I 4 Lmi l!J) Item # 16 Attachment number 3 Page 1 of 1 ::.,. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Review. originate and advise on Marine matters. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Sure 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Life long interest in Marine activities. 4. Why do you want to serve on this Board? Appreciation of Board functions in the past and desire to help in the future. Name: Board Name: Item # 16 Meeting Date:3/l/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: Authorize settlement of Pinellas Park, et aI. v. Supervisor of Elections, et aI., adopt Resolution No.07 -11 approving settlement, and authorize appropriate officials to execute settlement documents. SUMMARY: This lawsuit arose from the adoption by the Pinellas County Charter Review Commission of a number of proposed amendments to the Pinellas County Charter to be placed on the ballot in November, 2006. An action was instituted to challenge the ballot questions related to these proposed amendments for ambiguity and to challenge the proposed amendments for violations of the "sunshine" laws and the Florida Constitution. A trial before a circuit judge resulted in no action before the election on November, 2006, and the parties resumed litigation thereafter. Court ordered mediation pursuant to Chap. 164, Fla. Stat., reached impasse and the parties are scheduled to take up motions with the court in April, 2007. The proposed settlement agreement would resolve the outstanding issues between the parties. Resolution No. 07-11 formally approves the terms of the settlement agreement. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 3 SETTLEMENT AGREEMENT BETWEEN ALL THE CITIES OF PINELLAS COUNTY AND PINELLAS COUNTY, FLORIDA FOR THE RESOLUTION OF ISSUES RELATED TO THE CHARTER REVIEW COMMITTEE THIS SETTLEMENT AGREEMENT ("Agreement") is entered into this day of ,2007, between the Cities and/or Towns of Belleair, Belleair Beach, Belleair Bluffs, Belleair Shore, Clearwater, Dunedin, Gulfport, Indian Rocks Beach, Indian Shores, Largo, Kenneth City, Maderia Beach, North Redington Beach, Oldsmar, Pinellas Park, Redington Beach, Redington Shores, Safety Harbor, St. Pete Beach, St. Petersburg, Seminole, South Pasedena, Tarpon Springs, and Treasure Island, all Florida municipal corporations ("Cities") and Pinellas County, a political subdivision of the State of Florida, ("County") (collectively "Parties") and Thomas Trask ("Trask"). WITNESSETH: WHEREAS, the Pinellas County Charter Review Committee placed seven amendments to the Pinellas County Charter before the voters for referendum approval; and WHEREAS, the Cities objected to the amendments for various legal and practical reasons; and WHEREAS, the Cities filed a lawsuit against the County, Charter Review Commission and the Supervisor of Elections (City of Pinellas Park, et al vs Supervisor of Elections, et aI, Circuit Civil Case No. 06-5975-CI-ll) (hereinafter referred to as "Lawsuit"); and WHEREAS, the County filed a counterclaim to the Lawsuit which alleged that portions of the County Charter protecting the rights of the Cities by a 'dual vote' as to the transfer of certain matters was unconstitutional; and WHEREAS, the Court denied the Cities' request for injunctive relief before the election; and WHEREAS, the voters rejected four of the proposed amendments; and WHEREAS, the Cities have no objection to Amendment 1; and WHEREAS, the Cities believe that the ballot language for Amendments 5 and 6 is ambiguous and does not accurately reflect the actual amendments proposed to be included in the Pinellas County Charter; and WHEREAS, the Cities and County have met to discuss a resolution of the Lawsuit which would reflect the will of the voters as identified in the ballot questions; and WHEREAS, it is in the best interests of the Parties to resolve these issues; and Item # 17 Attachment number 1 Page 2 of 3 WHEREAS, by entering into this Agreement neither the Cities, individually or collectively, nor the County waive any defense in any action relating to annexation nor shall they be estopped from raising any defense in any action relating to annexation as a result of this Agreement; and WHEREAS, this Agreement is entered into between the Parties to settle the foregoing Lawsuit and to address issues of concern expressed by the Cities and County; and WHEREAS, reference to the 'Cities' or 'Parties' in these 'WHEREAS' clauses shall not include the cities of Dunedin, Redington Beach, and Indian Rocks Beach who were not parties to the Lawsuit, however because they are necessary parties to this Agreement, they are included in references to 'Cities' and 'Parties' in the remainder of this Agreement; and WHEREAS, reference to the 'Cities', 'County', and 'Parties' shall include their elected officials, appointed officials, employees, agents, persons or entities contracting with them, or any other person or entity associated or affiliated with one or more of the Cities and County. NOW THEREFORE, in consideration of one dollar and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged and the promises and covenants contained herein, the Parties and Trask agree as follows: 1. The above recitations are true and correct and are incorporated herein by reference. 2. The Parties named in the Lawsuit hereby agree to settle the above referenced Lawsuit in the following manner and the Parties not named in the lawsuit herby also agree to the following: a. Notwithstanding any other provision of law, with respect to monetary incentives, an annexing municipality and the County may only offer, negotiate, agree to provide, or provide, incentives or inducements in conjunction or connection with an annexation proposal which (1) improve public properties, rights of way, or easements and the infrastructure and/or facilities located thereon or therein, (2) involve the acquisition of property for public use or benefit, (3) are in furtherance of the closure of enclaves, (4) provide public services and/or facilities, (5) waive or pay development, permit and/or application fees, or (6) otherwise advance a paramount public purpose as defined by Florida law. b. Consents required by Section 171.0413(5) and (6), F.S. shall be express and in writing. Such consent shall be obtained by the annexing municipality at least ten (10) days prior to any referendum required pursuant to Section 171.0413, F.S. or at least ten (10) days prior to the public hearing on the ordinance required for annexation pursuant to Section 171.0413(6). c. Without the current property owner's written permission, no municipality in Pinellas County shall subject any property to a referendum pursuant to Section 171.0413, F.S. for a period of seven years from the last date that such property was subject to an annexation referendum. d. No municipality in Pinellas County shall subject any property to a referendum pursuant to Section 171.0413, F.S. unless an informational notice has been mailed to all affected property owners at least ten days prior to the public hearing. e. The Parties agree that the dual vote provision set forth in Section 6.04 of the County Charter is constitutional, the County shall not support any future litigation challenging the constitutionality of that provision, nor shall the County support legislation or referenda seeking to remove this provision from the Charter. The County shall notify the Cities within thirty days of receipt of service Item # 17 Attachment number 1 Page 3 of 3 of any lawsuit or the filing of any claim challenging this provision. The Parties shall request the Court to enter a judgment finding this provision to be constitutional. f. The Parties shall not draft, support, request, or propose any enabling legislation for Amendments 5 and 6. The Parties hereby jointly request present and future legislatures and legislative delegations to not pass any enabling legislation with respect to Amendments 5 and 6. g. The Charter Review Commission and the Supervisor of Elections shall be dismissed from the Lawsuit. The remaining claims in the above referenced Lawsuit and counterclaim, and the lawsuit filed by Tom Trask, styled Trask vs Pinellas County, Circuit Civil No. 06-7171-CI-ll shall be dismissed. h. All Parties shall bear their own fees and costs (this shall not apply to any cost sharing agreement between the Cities for the Cities' fees or costs). i. This Agreement shall, to the extent necessary to be enforceable, constitute an interlocal agreement between the parties. j. This Agreement shall, to the extent necessary to be enforceable, constitute an interlocal agreement between the parties entered into pursuant to Part II, Chapter 171 Florida Statutes. k. As a result of entering into this Agreement, neither the Cities, individually or collectively, nor the County waive any defense in any current or future action relating to annexation nor shall they be estopped from raising any defense in any current or future action relating to annexation nor shall they be prevented in any way from raising any claim in any current or future lawsuit relating to annexation. The foregoing shall not apply to any action necessary to enforce the terms of this Agreement. 1. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts taken together shall constitute one agreement. 3. The Court shall retain jurisdiction to enforce the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and date first above written. END OF SUBSTANTIVE PROVISIONS. SIGNATURE PAGES TO FOLLOW. V.12 Item # 17 Attachment number 2 Page 1 of 1 RESOLUTION NO. 07-11 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING SETTLEMENT OF CITY OF PINELLAS PARK, ET AL., V. SUPERVISOR OF ELECTIONS, ET AL., AND PROVIDING AN EFFECTIVE DATE. WH EREAS, a settlement between the parties of the issues involved in the case of City of Pinellas Park, et aI., v. Supervisor of Elections, et aI., Circuit Civil Case No. 06-5975-CI-11 has been reached, and WHEREAS, it is in the best interests of the City of Clearwater to resolve these issues, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The City Council hereby accepts and approves the Settlement Agreement Between All The Cities of Pinellas County And Pinellas County, Florida For The Resolution Of Issues Related To The Charter Review Committee. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2007. Frank V. Hibbard Mayor Approved as to form: Attest: Paul Richard Hull Assistant City Attorney Cynthia E. Goudeau City Clerk , Item #. j 7 Resolution NO. 07-11 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDA nON: SUMMARY: Meeting Date:3/l/2007 Review Approval: I) Clerk Cover Memo Item # 18 "~~7 +tll How are we doing? 2006 Update · Seagrass acreage goals · Water quality targets to support seagrass goals: Chlorophyll concentration and water clarity targets · Reduction targets: 85 tons TN reduced every 5 years 45,000 40,000 35,000 30,000 ! 25,000 ~ 20,000 15,000 10,000 5,000 o DRAFT Tampa Bay Seagrass Acreage Estimates 1950 1982 1988 1990 1992 1994 1996 1999 2001 2004 2006 Year D HiIIsborough Bay . Middle Tampa Bay . Lower Tampa Bay . Terra Ceia Bay II Manatee River . Old Tampa Bay . Boca Ceiga Bay Data Source: SWFWMD SWIM February 2007 ....tb ...... n.,a .., Bottom Line: 2006 · Seagrass continues to increase at 2-30/0 per year baywide, but not in all segments. · Tampa Bay is meeting water quality targets in all four major bay segments for the first time since records began. · TN reduction targets are being met baywide, but not in all watershed drainage basins. · Many impaired waters in the watershed to be addressed through BMAPs or other actions. Stormwater continues to be the largest single source of TN loading. SUBJECT / RECOMMENDA nON: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:3/l/2007 Review Approval: 1) Clerk Cover Memo Item # 19