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10/01/2015Thursday, October 1, 2015 7:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda October 1, 2015City Council Meeting Agenda 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. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 ID#15-1763 Service Awards - October 4.2 ID#15-1717 Florida League of Cities/Florida Business Watch City Catalyst Grant / $1500 Award to City of Clearwater 4.3 ID#15-1718 Hispanic Heritage Month Proclamation - Mrs. Sandra Lyth, CEO for the InterCultural Advocacy Institute 4.4 ID#15-1720 Florida Native Plant Month Proclamation - Jan Allyn, Chapter Representative of the Pinellas Chapter of the Florida Native Plant Society 4.5 ID#15-1716 2015 Fire Prevention Week Proclamation 4.6 ID#15-1737 Public Natural Gas Week Proclamation - Chuck Warrington, Clearwater Gas Director 5. Approval of Minutes 5.1 ID#15-1760 Approve the minutes of the August 17, 2015 Special City Council Meeting and the September 17, 2015 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 9/30/2015 October 1, 2015City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 ID#15-1568 Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $250,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill from October 1, 2015 through September 30, 2016, as provided in the City’s Code of Ordinances, Section 2.564 (1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) 7.2 ID#15-1638 Award a contract (Purchase Order) to Verizon Wireless for basic cellular/smart phones and mobile data services for the period of November 1, 2015 through October 31, 2016 in an amount not to exceed $360,000 in accordance with Sec 2.564 (1) (d), Code of Ordinances, under State Contract DMS-1011-008C, and authorize the appropriate officials to execute same. (consent) 7.3 ID#15-1657 Award a contract (blanket purchase order) to W.W. Grainger, Inc. (Grainger) of Clearwater, FL in the annual amount of $175,000, for the purchase of MRO (Maintenance and Repairs Operations) Supplies and Related Services, as needed, for a one-year period, and authorize the appropriate officials to execute same. (consent) 7.4 ID#15-1661 Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of an underground natural gas main in the CSX right-of-way and authorize the appropriate officials to execute same. (consent) 7.5 ID#15-1665 Award contracts (blanket purchase orders) per Invitation to Bid Number 53-15, in the total annual amount of $2,000,000 for the purchase of diaphragm gas meters, regulators, rotary gas meters, and gas regulators, as required by Clearwater Gas System, for a one-year term, October 1, 2015 through September 30, 2016, and two one-year extension periods, and authorize the appropriate officials to execute same. (consent) 7.6 ID#15-1689 Request for authority to institute a civil action on behalf of the City against Diamond Directional Drilling, LLC, to recover $2,888.18 for damages to City property. (consent) Page 3 City of Clearwater Printed on 9/30/2015 October 1, 2015City Council Meeting Agenda 7.7 ID#15-1690 Approve an extension to the existing banking services agreement with Bank of America, N.A., with revised pricing per Exhibit I, for a not-to-exceed amount of $140,000 for a one-year period, October 1, 2015 to September 30, 2016, and authorize the appropriate officials to execute same. (consent) 7.8 ID#15-1700 Approve contract (blanket purchase order) for tree removal services to O'Neil's LLC, dba O'Neil's Tree Service, in the annual amount of $125,000 (Invitation to Bid 50-15), and two, one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) 7.9 ID#15-1701 Approve a proposal by Construction Manager at Risk Certus Builders of Tampa, Florida, in the amount of $598,210.00 for the renovation and construction of a press box/restroom building at Eddie C. Moore Fields 8 and 9, located adjacent to and west of Eisenhower Elementary School, and authorize the appropriate officials to execute same. (consent) 7.10 ID#15-1702 Approve a one-year Agreement with Juvenile Welfare Board and the City of Clearwater for funding of youth programs, including an increase in 0.6 Full Time Equivalent (FTE) to conduct the program, approve a first quarter budget amendment of $345,924 into 181-99872, and authorize the appropriate officials to execute same. (consent) 7.11 ID#15-1703 Review and approve the proposed sculpture collection for Sculpture360: Season VII - Art in the Cleveland Street District. (consent) 7.12 ID#15-1705 Award a construction contract to Adkins Contracting, Inc., of Ruskin, FL, for the 2015 Underdrain Project (15-0022-EN) in the amount of $1,195,854.00 based on unit prices for the initial one-year term with an option for one two-year term extension; and authorize the appropriate officials to execute same. (consent) 7.13 ID#15-1707 Award a construction contract to Steve’s Excavating and Paving Inc. of Clearwater, Florida, in the amount of $393,114.04, for Berkley Place Drainage Improvements Project (14-0037-EN) which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) 7.14 ID#15-1708 Award a construction contract to Kenny Construction Company, of Northbrook, IL, for the 2015 Stormwater Pipe Lining Project (15-0023-EN) in the amount of $1,614,305.00 based on unit prices for the initial one-year term with an option for one two-year term extension; and authorize the appropriate officials to execute same. (consent) 7.15 ID#15-1713 Approve a five-year Management Agreement between the City and the Clearwater Regional Chamber of Commerce (CRCC) for the CRCC to provide visitor information services at the Clearwater Beach Visitor Information Center (VIC) for the period of October 1, 2015 through September 30, 2020 at a cost not to exceed $50,000 per year, and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 9/30/2015 October 1, 2015City Council Meeting Agenda 7.16 ID#15-1719 Approve the Second Amendment to the Interlocal Agreement with Pinellas County to extend the Local Option Fuel Tax Distribution through December 31, 2027 and authorize the appropriate officials to execute same. (consent) 7.17 ID#15-1721 Approve a Second Amendment to the Marina Cantina Restaurant Lease Agreement between Marina Cantina, LLC and the City of Clearwater, amending paragraph 16 to extend the restaurant open date by three months to January 1, 2016, and authorize the appropriate officials to execute same. (consent) 7.18 ID#15-1722 Approve Supplemental Work Order 2 to Engineer of Record (EOR), McKim and Creed, Inc., in the amount of $179,825.00 for the Inflow and Infiltration Flow Reduction Project (15-0004-UT); and authorize the appropriate officials to execute same. (consent) 7.19 ID#15-1723 Approve a purchase order (contract) to Oracle America, Inc., Redwood Shores, CA for the period of October 1, 2015 through September 30, 2016 for software maintenance at a cost not to exceed $219,911 in accordance with Sec. 2.564(1) (b) Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) 7.20 ID#15-1728 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI in the amount of $549,750.00 for the purchase of one new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564(1)(d), Code of Ordinances, Other governmental bid, and authorize appropriate officials to execute same. (consent) 7.21 ID#15-1730 Award a contract (purchase order) to Pinellas County Solid Waste for an operating expenditure of $3,900,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the period October 1, 2015 through September 30, 2016 as provided in the city’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) 7.22 ID#15-1731 Award a contract (purchase order) to Waste Management Inc. of Florida, for operating expenditures in the amount of $400,000 for the disposal of solid waste at their site for the period October 1, 2015 through September 30, 2016, as provided in the City’s Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) 7.23 ID#15-1733 Approve selection of J. Kokolakis Contracting, Inc. of Tarpon Springs, FL as the Construction Manager at Risk (CMR) for the proposed Solid Waste Transfer Station construction project (15-0007-SW). (consent) Page 5 City of Clearwater Printed on 9/30/2015 October 1, 2015City Council Meeting Agenda 7.24 ID#15-1738 Approve a $135,000 increase in the Pinellas County Sheriff’s Office Agreement for Fiscal Year 2014/2015, from $406,175.40 to $541,175.40, due to excess services rendered above the proposed amount presented to Council on September 18, 2014. (consent) Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 8756-15 Adopt Ordinance 8756-15 on second reading, annexing certain real property whose post office address is 1214 Aloha Lane, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.2 8757-15 Adopt Ordinance 8757-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1214 Aloha Lane, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Residential Urban (RU). 8.3 8758-15 Adopt Ordinance 8758-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1214 Aloha Lane, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.4 8759-15 Adopt Ordinance 8759-15 on second reading, annexing certain real property whose post office addresses are 2122 and 2148 Burnice Drive, all in Clearwater, Florida 33764, together with certain right-of-way of Burnice Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.5 8760-15 Adopt Ordinance 8760-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post addresses are 2122 and 2148 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Residential Low (RL). 8.6 8761-15 Adopt Ordinance 8761-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post addresses are 2122 and 2148 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9. City Manager Reports 9.1 ID#15-1714 Approve a one-year Grant Funding Agreement, in the amount of $179,778 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key (Beach Route) and the Coastal Route, and authorize the appropriate officials to execute same. Page 6 City of Clearwater Printed on 9/30/2015 October 1, 2015City Council Meeting Agenda 9.2 ID#15-1732 Amend the Clearwater Code of Ordinances, Appendix A - Schedule of Fees, Rates and Charges, and pass Ordinance 8775-15 on first reading. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 7 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1763 Agenda Date: 10/1/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Service Awards - October SUMMARY: September 2015 Employee of the Month Lieutenant Larry Williams Fire Department Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1717 Agenda Date: 10/1/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Florida League of Cities/Florida Business Watch City Catalyst Grant / $1500 Award to City of Clearwater SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1718 Agenda Date: 10/1/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: Hispanic Heritage Month Proclamation - Mrs. Sandra Lyth, CEO for the InterCultural Advocacy Institute SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1720 Agenda Date: 10/1/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Florida Native Plant Month Proclamation - Jan Allyn, Chapter Representative of the Pinellas Chapter of the Florida Native Plant Society SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1716 Agenda Date: 10/1/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.5 SUBJECT/RECOMMENDATION: 2015 Fire Prevention Week Proclamation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1737 Agenda Date: 10/1/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.6 SUBJECT/RECOMMENDATION: Public Natural Gas Week Proclamation - Chuck Warrington, Clearwater Gas Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1760 Agenda Date: 10/1/2015 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the August 17, 2015 Special City Council Meeting and the September 17, 2015 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 City Council Meeting Minutes September 17, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, September 17, 2015 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Vice Mayor Jay E. Polglaze Also Present: William B. Horne II – City Manager, Jill Silverboard – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Rev. Tamara Isidore from Friendship United Methodist Church 3. Pledge of Allegiance – Councilmember Hamilton 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Falls Prevention Awareness Day Proclamation, September 23, 2015 - Pete Grasso, Fall Prevention Coalition of Better Living for Seniors 4.2 Sickle Cell Awareness Month Proclamation, September 2015 - Tony Hinson, The Sickle Cell Disease Association of Upper Pinellas/Pasco/Hernando Counties 5. Approval of Minutes 5.1 Approve the minutes of the September 3, 2015 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the September 3, 2015 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Page 2 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 6. Citizens to be heard re items not on the agenda Korina Morrison invited all to the Women Empowering Our Community event at the Ft. Harrison Hotel on September 26; event will raise funds for the Clearwater Center for the Arts, Pace Center for Girls, Mother of Minors, and My Hope Chest. Carrie Small requested consideration to allow food trucks in Clearwater at a future meeting and invited all to attend the Food Truck Rally on September 18 at 923 N. McMullen Booth Road. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Adopt Ordinance 8766-15 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning October 1, 2015 and ending September 30, 2016, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.1550 mills. In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.1550 mills on July 16, 2015, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 5.78% increase from the rolled back rate of 4.8735 mills. Ordinance 8766-15 is presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2015/16 fiscal year. Ordinance 8766-15 was presented and read in full. Vice Mayor Polglaze moved to adopt Ordinance 8766-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson 7.2 Adopt Ordinance 8767-15 on second reading, adopting an operating budget for the Fiscal Year beginning October 1, 2015 and ending September 30, 2016; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to Page 3 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2015/16 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2015, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2015/16 fiscal year. On July 13, 2015 the City Manager presented the preliminary budget at the work session for Council discussion. The preliminary budget was also presented at the July 16, 2015 council meeting, and at the August 17, 2015 Special Council Meeting for citizen input. After the Preliminary budget was released, management approved a reduction to the Public Utilities expenditure budget to eliminate the cost of five full time equivalent (FTE) positions that were requested in the proposed budget. After completing the Stormwater Rate Study in July 2015, a new rate structure is planned to be effective October 1, 2015 which will reduce the estimated Stormwater Fee revenue included in the proposed budget. Upon Council action at the August 17, 2015 meeting, a donation to the Clearwater Historical Society is being added to the General Fund for fiscal year 2015/16. These are the only changes to the Preliminary Operating Budget at this time. Ordinance 8767-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8767-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson 7.3 Adopt Ordinance 8768-15 on second reading, adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 2015 and ending September 30, 2016; approving the six-year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. In accordance with Chapter 200 of the Florida Statutes and the rules governing Page 4 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2015/16 millage rate and operating budget are an integral part of fulfilling these requirements. On June 30, 2015, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined estimates of revenues and expenditures for the 2015/16 fiscal year. On July 13, 2015 the City Manager presented the preliminary budget at the work session for Council discussion. The preliminary budget was also presented at the July 16, 2015 council meeting, and at the August 17, 2015 Special Council Meeting for citizen input. On August 6, 2015, Council approved adding the Morningside Recreation Center project to the six-year capital plan with funding of $2,580,000 planned from Penny for Pinellas funds in fiscal year 2016/17. At the August 17, 2015 Special Council Meeting, the Council approved adding the Crest Lake Park Renovation project to the six year plan with funding of $250,000 planned from Penny for Pinellas funds in fiscal year 2015/16. These are the only changes to the Preliminary Capital Improvement Budget at this time. A concern was expressed that including the Morningside Recreation Center was unwarranted at this time. Ordinance 8768-15 was presented and read by title only. Councilmember Hock-DiPolito moved to adopt Ordinance 8768-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Hamilton and Vice Mayor Polglaze Nays: 1 - Councilmember Jonson Motion carried. 7.4 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1214 Aloha Lane; and pass Ordinances 8756-15, 8757-15 and 8758-15 on first reading. (ANX2015-07018) This voluntary annexation petition involves one parcel of land totaling 0.164 acres. The parcel is occupied by a single-family dwelling and is located on the north side of Aloha Lane approximately 195 feet east of Douglas Avenue. The applicant is requesting annexation in order to receive solid waste service from Page 5 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 the City, and will be connected to city sewer as part of the Idlewild/The Mall Sanitary Sewer Expansion Project. The property is contiguous to existing city boundaries along the north and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant has paid the sewer impact fee in full, and is currently awaiting connection to the sewer system. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. The Residential Urban (RU) designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) Page 6 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries along the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Vice Mayor Polglaze moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1214 Aloha Lane. The motion was duly seconded and carried unanimously. Ordinance 8756-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8756-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson Ordinance 8757-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8757-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson Ordinance 8758-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8758-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson 7.5 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2122 and 2148 Burnice Drive; together with certain right-of-way of Burnice Drive; and pass Ordinances 8759-15, 8760-15 and 8761-15 on first reading. (ANX2015-07019) These voluntary annexation petitions involve two parcels of land totaling 0.472 Page 7 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 acres. The parcels are occupied by two single-family dwellings and are located generally south of Druid Road, west of Belcher Road, east of South Hercules Avenue, and north of Lakeview Road. The applicants are requesting annexation in order to receive solid waste service from the City, and will be connected to city sewer as part of the Belcher Area Sanitary Sewer Extension Project Area. The Development Review Committee is also proposing that the 0.956-acres of certain abutting right-of-way of Burnice Drive also be annexed. The properties are contiguous to existing city limits along at least one boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. The applicants have paid the sewer impact fee in full, and will be connected to the City sewer system once it is available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the properties by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The properties will continue to receive water from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is Page 8 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Vice Mayor Polglaze moved to Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2122 and 2148 Burnice Drive; together with certain right-of-way of Burnice Drive. The motion was duly seconded and carried unanimously. Ordinance 8759-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8759-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson Ordinance 8760-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8760-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson Ordinance 8761-15 was presented and read by title only. Councilmember Hock-DiPolito moved to pass Ordinance 8761-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson 7.6 Approve the annexation, initial Future Land Use Map designation of Institutional (I) and initial Zoning Atlas designation of Institutional (I) District for 2853 and 2859 Sunset Point Road and an unaddressed parcel on Sunset Point Road; and pass Ordinances 8762-16, 8763-16 and 8764-16 on first reading. (ANX2015-07020) Page 9 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 This voluntary annexation petition involves three parcels of land totaling 17.541 acres. All parcels are part of the Sylvan Abbey Memorial Park and consist of the funeral home and accessory facilities, including a personal care center and support area, as well as approximately 14.264 acres of vacant land. The three lots are located north of SR 590, south of Sunset Point Road, east of US 19 and west of CR 193. The applicant is requesting annexation in order to receive sewer and solid waste service from the City. The properties are contiguous to existing city boundaries to the east and north. It is proposed that the properties be assigned a Future Land Use Map designation of Institutional (I) and a zoning category of Institutional (I). The applicant currently has an active building permit through Pinellas County for the renovation of the personal care center and support area of the funeral home. A funeral home is a retail sales and service use, which within the Institutional (I) District is only permissible as an accessory use within the same building as another permissible use. City staff is preparing an amendment to the Community Development Code (CDC) (TA2015-08005) which proposes to allow funeral homes as permitted standalone uses in the Institutional (I) District. This amendment is scheduled for review in early 2016. Should the amendment be approved by the City, the Sylvan Abbey funeral home would be a conforming use and the approved site plan would meet the District’s minimum development standards. To ensure consistency in the application of Building Code inspections and to prevent any construction liability issues, the project will be built in its entirety under Pinellas County jurisdiction. For that reason, second reading of the annexation cannot occur until after the County issues a Certificate of Occupancy (CO), which is anticipated to be in early 2016. The Planning and Development Department will schedule the second and final reading after the applicant obtains the CO. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicant has paid the sewer impact fee in full, and is aware of the additional costs to extend City sewer service to the properties. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following Page 10 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. • The proposed Institutional (I) Future Land Use Map category is consistent with the properties’ current Countywide Plan designation of Public/Semi-Public (P/SP). This designation primarily permits institutional uses at an intensity of 0.65 FAR. The proposed zoning district to be assigned to the property is the Institutional (I) District. The use of the subject properties will be consistent with the uses allowed in the District upon the approval of TA2015-08005, and the properties will exceed the District’s minimum dimensional requirements. This will make the proposed annexation consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing city limits along the east and north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Planning and Development Director Michael Delk said the second reading will not occur until after the new year. The ordinances will be adopted after Pinellas County issues the Applicant a Certificate of Occupancy for the Innovation of Personal Care Center. The site is composed of 17 acres. Applicant Representative Katie Cole said the rear 14 acres is currently vacant and there are no plans to develop the site at this time. The northern property site is in unincorporated Pinellas County; sewer service is not needed. Vice Mayor Polglaze moved to approve the annexation, initial Future Land Use Map designation of Institutional (I) and initial Zoning Atlas designation of Institutional (I) District for 2853 and 2859 Sunset Point Road and an unaddressed parcel on Sunset Point Road. The motion was duly seconded and carried unanimously. Ordinance 8762-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8762-16 on Page 11 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson Ordinance 8763-16 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8763-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson Ordinance 8764-16 was presented and read by title only. Councilmember Hock-DiPolito moved to pass Ordinance 8764-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson 8. City Manager Reports 8.1 Amend the City’s fiscal year 2014/15 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8769-15 and 8770-15 on first reading. The fiscal year 2014/15 Operating and Capital Improvement Budgets were adopted in September 2014 by Ordinances 8585-14 and 8586-14. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Staff has provided a memorandum that outlines the issues at third quarter that require amendment. In response to a question, Budget Manager Kayleen Kastel said the Downtown Streetscaping Phase II has been completed for some time but the project was not closed out until public art funds were expended. Councilmember Hock-DiPolito moved to amend the City’s fiscal year 2014/15 Operating and Capital Improvement Budgets at third quarter. The motion was duly seconded and carried unanimously. Ordinance 8769-15 was presented and read by title only. Vice Mayor Polglaze moved to pass Ordinance 8769-15 on first reading. Page 12 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson Ordinance 8770-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8770-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson 8.2 Approve the Collective Bargaining Agreement between the City of Clearwater and International Association of Firefighters Local 1158 for Fiscal Year 2015/16, 2016/17, and 2017/18 and authorize the appropriate officials to execute same. The current collective bargaining agreement between the City of Clearwater and the International Association of Firefighters Local 1158 expires on September 30, 2015. City management staff and representatives from the International Association of Firefighters Local 1158 reached a tentative agreement for a new contract. The agreement was ratified by the membership on September 17, 2015. The agreement is for a three-year contract providing for a 4.5 merit increase in year one with no advancement in step, a step advancement in year two with no merit increase, and a 4.5% merit increase in year three with no step advancement. For all bargaining unit members who receive a satisfactory or better on their annual performance appraisal. The agreement also includes overtime pay for those assigned to staffing mandatory and relief overtime, adjustments to accounting for military leave, increases in tuition reimbursement, issuance of additional clothing items, and increases in standby pay for Fire Inspectors. APPROPRIATION CODE AND AMOUNT: The increased cost associated with the implementation of this agreement to include the cost of salary and estimated benefits increases is anticipated to be as follows: FY 2016/17: $462,900 plus 144,480 for benefits = $607,380 FY 2017/18: $607,380 plus 180,197 plus 144,480 for benefits = $932,057 FY 2018/19: $932,057 plus $639,264 plus $144,480 for benefits = $1,715,801 In response to a question, Human Resources Director Joseph Roseto said the net amount is based on the increases agreed upon with the union, which includes the step and merit increases, as well as the Page 13 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 approximate cost for the benefits increases. Councilmember Hamilton moved to approve the Collective Bargaining Agreement between the City of Clearwater and International Association of Firefighters Local 1158 for Fiscal Year 2015/16, 2016/17, and 2017/18 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.3 Approve the annual renewal of Layne Inliner, LLC, Sanford, FL, construction contract for the cleaning and video inspection of stormwater outfall locations throughout the City of Clearwater in the annual amount of $435,000 for year two and year three for a total of $870,000, and authorize the appropriate officials to execute same. May 1, 2014, City Council approved a construction contract for the cleaning and video inspection of Stormwater outfalls throughout the city on a unit price basis. This contract includes options to renew for up to two one-year periods at the same unit prices. City Storm Pipes have decreased capacity when they contain sand, tree roots, barnacles and many other types of debris. This contract will involve removal of debris to improve the function and integrity of the Stormwater infrastructure. The City of Clearwater Engineering Department will direct the contractor to high priority pipe systems as established by review of inspection reports and maintenance records. This contract is being renewed based on unit price only for a value of $435,000 annually for years two and three not to exceed $870,000. APPROPRIATION CODE AND AMOUNT: 0315-96124-563700-539-000-0000 $435,000 Funds are available in Capital Improvement Program (CIP) project 315-96124, Storm Pipe System Improvements, in the amount of $435,000 in Fiscal Year 2015. Fiscal Year 2016 funding will be included in the Stormwater recommended CIP budget from the Director for total funding of $870,000. Councilmember Jonson moved to approve the annual renewal of Layne Inliner, LLC, Sanford, FL, construction contract for the cleaning and video inspection of stormwater outfall locations throughout the City of Clearwater in the annual amount of $435,000 for year two and year three for a total of $870,000, and authorize the appropriate officials to execute same. The motion was duly Page 14 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 seconded and carried unanimously. 8.4 Award a Construction Contract to Castco Construction, Inc., of Largo, Florida, in the amount of $281,195.92 for Mission Hills Raw Water Main Project (14-0038-UT), which is the lowest responsible bid received in accordance with plans and specifications for this project; approve Supplemental Work Order 1 to Engineer of Record (EOR) URS Corporation in the amount of $11,955 to provide limited Construction Engineering and Inspection Services (CEI); and approve a Facility Encroachment Agreement with CSX, authorize the appropriate officials to execute same and adopt Resolution 15-23. This agenda item is for the construction of components to transport raw water from the Mission Hills Raw Water Main Project (14-0038-UT) to the new RO Plant 2 improving the cost effectiveness of the water services provided by the City based on the Water Supply Master Plan (WMP) in 2004. The construction includes installing the raw water main pipe at two different locations - CSX crossing in Kapok Park and SR590 between Virginia Lane and Mission Hills Boulevard. The City received three bids and Castco Construction, Inc. was the lowest bidder for the amount of $281,195.92. After comparing the bids, URS has provided a recommendation to award the construction of the project to Castco Construction, Inc. and city staff concurs. December 4, 2014, City Council approved a work order initiation to EOR URS for design, planning and permitting of Mission Hills Raw Water Main in the amount of $170,352. The City of Clearwater’s Public Utilities Department will be providing daily inspection and URS Corporation will be providing limited CEI upon approval of Supplemental Work Order 1 in the amount of $11,955 for total value of $182,307. CSX requires a Facility Encroachment Agreement to cover the costs of encroaching, construction risk, and to provide the terms and conditions associated with placing a pipeline underneath their railway system. It is anticipated that construction will start in October 2015 and be completed by March 2016. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the raw water system. APPROPRIATION CODE AND AMOUNT: Page 15 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 0327-96741-563800-533-000-0000 $281,195.92 0327-96741-561300-533-000-0000 $11,955.00 Funds are available in Utility Renewal and Replacement projects for total funding of $293,150.92 from 0327-96741, System R & R - Capitalized, to fund the project costs. It was suggested that staff provide a status report at the end of the project. Councilmember Hock-DiPolito moved to award a Construction Contract to Castco Construction, Inc., of Largo, Florida, in the amount of $281,195.92 for Mission Hills Raw Water Main Project (14-0038-UT), which is the lowest responsible bid received in accordance with plans and specifications for this project; approve Supplemental Work Order 1 to Engineer of Record (EOR) URS Corporation in the amount of $11,955 to provide limited Construction Engineering and Inspection Services (CEI); and approve a Facility Encroachment Agreement with CSX, authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 15-23 was presented and read by title only. Vice Mayor Polglaze moved to adopt Resolution 15-23. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito, Councilmember Hamilton and Councilmember Jonson 8.5 Approve Supplemental Work Order 3 to Engineer of Record (EOR) Interflow Engineering, LLC, of Clearwater, Florida, in the amount of $78,889 for Magnolia Drive Outfall Storm Drainage and Water Quality Improvements (12-0023-EN), and authorize the appropriate officials to execute same. March 21, 2013, City Council approved a Work Order Initiation in the amount of $285,098.00 to EOR Interflow Engineering for design and permitting services of Magnolia Drive Stormwater Outfall, Project 12-0023-EN. February 25, 2014, Supplemental Work Order 1 in the amount of $17,195.00 was approved by City Manager to Interflow Engineering for an increased scope to include additional design and permitting services for the replacement of the aging sanitary system located within the original project limits. Page 16 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 January 15, 2015, City Council approved Supplemental Work Order 2 in response to Harbor Oaks Residents’ request, in the amount of $45,577 was approved by City Council to include the design of additional sanitary replacement and roadway improvements beyond the original project limits. During design, the condition of the existing universal water main located in the new project limits was determined to be nearing its useful life and needs to be replaced. Supplemental Work Order 3 is being requested for approval to include design and permit efforts for the water main replacement and additional roadway design to provide improved stormwater drainage in the amount of $78,889 for total work order value of $426,759. APPROPRIATION CODE AND AMOUNT: 0315-96184-561200-539-000-0000 $32,285 0327-96721-561300-533-000-0000 $46,604 Funds are available in Capital Improvement Program project 0315-96184, Magnolia Drive Outfall in the amount of $32,285 and Utility Renewal and Replacement project 0327-96721, System R and R - Maintenance for total funding in the amount of $426,759. Engineering Assistant Director Scott Rice requested guidance on the final limits for the proposed brick streets project in the Harbor Oaks neighborhood. The current utility project ends at Druid Road West on the north. The northern boundary of the Historic Harbor Oaks District ends with the northern property lines of homes on Druid Road West. The brick streets may be expanded mid-block along Orange Ave., Bay Ave., Oak Ave., and Hamilton Crescent. Or, expanded outside of the historic neighborhood to the intersections of Peach Street, Pine Street and Hamilton Crescent along Orange, Oak and Bay Avenues and Hamilton Crescent. In response to questions, Mr. Rice said staff cannot send the petition letters to property owners until the project limits are established. There may be additional costs to the homeowners outside of the current utility project area. The Church of the Ascension education building has frontage and will have a brick street. The Church site does not have frontage. If the bricks are extended to Turner Street along Orange Avenue, then the Church site will have bricks. Discussion ensued with concerns expressed regarding the financial impact the brick extension would have to property owners outside of the historic neighborhood. Support was given to have the brick streets end Page 17 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 at a logical point. It was suggested that property owners outside of the historic district approach the City with a petition for brick streets. The City Attorney said if the bricks are expanded to the intersection, the impacted homeowners would be included in the vote and included in the 65% approval requirement. If the bricks are expanded mid-block, the property owners would have two amounts on the petition letter. Engineering Director Mike Quillen said Council will set the assessment and credits. Councilmember Hock-DiPolito moved to expand the brick street mid-block along Orange, Bay, and Oak Avenues and Hamilton Crescent. The motion was duly seconded and carried unanimously. Mr. Quillen said a header curb will be installed where the brick paving ends to transition to the asphalt paving and to keep the bricks in place. Vice Mayor Polglaze moved to approve Supplemental Work Order 3 to Engineer of Record (EOR) Interflow Engineering, LLC, of Clearwater, Florida, in the amount of $78,889 for Magnolia Drive Outfall Storm Drainage and Water Quality Improvements (12-0023-EN), and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.6 Approve a Construction Manager at Risk proposal from Keystone Excavators Inc, of Oldsmar, Florida, in the amount of $1,587,552 for construction of Jeffords Street Outfall (10-0032-EN), and authorize the appropriate officials to execute same. June 6, 2013, City Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater, FL; Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a period of three years. These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications 15-13 based upon construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community. The existing storm and sanitary systems in this area are nearing the end of their useful lifespan and this project will replace them with new infrastructure that provides an improved level of service. The existing stormwater inlets are frequently clogged by leaves or other debris Page 18 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 and will be replaced with open throat inlets. The project also includes a stormwater treatment device located at the most downstream end which will collect leaves and debris at one location improving efficiency of maintenance staff and improving water quality. Construction duration is 300 calendar days with an anticipated start in mid October 2015 and completion by mid August 2016. The improvements will be maintained by the Stormwater Maintenance Division and Public Utilities Department. July 17, 2014, City Council approved a cooperative funding agreement between the City and Southwest Florida Water Management District for the design, construction and inspection of Jeffords Outfall for reimbursement of 50% of costs up to a maximum of $200,000. APPROPRIATION CODE AND AMOUNT: 0315-96177-563700-539-000-0000 $1,370,754 0327-96634-563800-535-000-0000 $ 184,023 0327-96742-563800-533-000-0000 $ 32,775 A first quarter amendment will transfer $1,206,763.83 from Capital Improvement Program (CIP) project 0315-96170, Coastal Basins Project to 0315-96177, Jeffords Street Outfall. Sufficient funding is available in CIP project in 0315-96177, Jeffords Street Outfall, in the amount of $163,990.17 and Utility Renewal and Replacement projects in amounts of $184,023 in 327-96634, Sanitary Utility Relocation Accommodation, and $32,775 in 0327-96742, Line Relocation - Capital, for total funding in the amount of $1,587,552 to fund the contract. Councilmember Jonson moved to approve a Construction Manager at Risk proposal from Keystone Excavators Inc, of Oldsmar, Florida, in the amount of $1,587,552 for construction of Jeffords Street Outfall (10-0032-EN), and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.7 Approve the Fourth Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of city-owned property, known as the Harborview Building, located at 320 Cleveland Street, dedicating 27 parking spaces within the Harborview parking lot for city library staff’s exclusive use and releasing CMA from the current obligation to pay for alternative parking, and authorize the appropriate officials to execute same. Page 19 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 The City and Clearwater Marine Aquarium, Inc. (CMA) entered into a Business Lease Contract for CMA’s use of the Harborview Building on September 12, 2011 (Harborview Lease). The Harborview Lease was intended to satisfy CMA’s need for additional space due to increased patronage resulting from the successful motion picture, “Dolphin Tale.” The Harborview Lease was amended for various reasons with three separate amendments dated July 3, 2012, January 24, 2014 and June 23, 2015. The Harborview Lease grants CMA the non-exclusive right to use the Harborview parking lot. Prior to the Harborview Lease, the lot was used by city employees working at the Main Library on a non-exclusive basis. Shortly after the lease was executed, the parties agreed that obtaining alternative parking for Library staff would reduce parking demand for the Harborview lot. The intent was to make the lot primarily available for CMA’s activities at Harborview, still, however, on a non-exclusive basis. For this reason, the City entered into a Lease Agreement for Library staff to park on property located across the street at 121 N. Osceola Avenue (Parking Lease). The Harborview Lease requires the CMA to pay costs associated with obtaining alternative city parking ($1,500/month). The current Lessor of the Parking Lease recently provided notice to the City that the Lessor would terminate the Parking Lease effective on September 1, 2015. This change in parking arrangements requires an amendment to the Harborview Lease. The Fourth Amendment to Business Lease Contract will amend the Harborview Lease as follows: • CMA will no longer be required to pay for costs incurred by the City for obtaining alternative parking. • 27 parking spaces in the Harborview parking lot, adjacent to the Main Library property, will be reserved for exclusive use by Library staff. Councilmember Hamilton moved to approve the Fourth Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of city-owned property, known as the Harborview Building, located at 320 Cleveland Street, dedicating 27 parking spaces within the Harborview parking lot for city library staff’s exclusive use and releasing CMA from the current obligation to pay for alternative parking, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.8 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $170,484.24, for a 12-month period beginning October 1, 2015 and ending Page 20 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 September 30, 2016 and authorize the appropriate officials to execute same. The TriTech System has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a twelve month TriTech Software Support Agreement, which will expire September 30, 2015. The TriTech System provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. Funding for renewal of the 12-month Software Support Agreement, in the amount of $170,484.24, is budgeted in Fiscal Year 2015/2016 Police Department operating budget 0010-01162-530300-521-000-0000. APPROPRIATION CODE AND AMOUNT: Funding for renewal of the 12-month Software Support Agreement, in the amount of $170,484.24, is budgeted in Fiscal Year 2015/2016 Police Department operating budget 0010-01162-530300-521-000-0000. Councilmember Jonson moved to approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $170,484.24, for a 12-month period beginning October 1, 2015 and ending September 30, 2016 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.9 Approve the purchase order (contract) for 200 Taser X26P Conducted Electrical Weapons (CEW) from Taser International, Inc. for $218,502.00, authorize the appropriate individuals to execute same; declare the current Clearwater Police Department (CPD) inventory of 238 Taser X26 Conducted Electrical Weapon units as surplus and authorize the disposition of said units. In 2003, CPD purchased 176 Model M26 Tasers for officers in the Patrol Division. This was followed up in 2004 with the purchase of 46 Model X26 Tasers for the Criminal Investigations Division. In 2010, CPD purchased 193 Model X26 Tasers to replace the outdated/discontinued M26 Tasers that were acquired in 2003. The M26 Tasers were traded in for the updated Model X26 version and an extended 4-year warranty was also purchased. As a result, CPD’s Taser inventory is reaching critical levels. As the existing Taser units age, exponentially more are malfunctioning, creating officer safety Page 21 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 and liability problems. Taser International has phased out and no longer manufactures the X26 model, and will also be phasing out all repair service on this model. Taser International has replaced the X26 model with the new Model X26P, which incorporates the latest technology. The X26P frame is similar to the X26 frame and is only slightly larger. The new unit requires a different holster and updated battery pack, both included in the unit price quote. The design and operation of each weapon is nearly identical (comparable size and weight) and will require no additional training. The X26P also has enhanced diagnostics software, charge metering (consistent level of electrical charge) as well as advanced safety features. The X26P provides an audible alert and will shut off the discharge cycle at 5 seconds even if the trigger is continuously depressed. In order to keep up with the new and improved technology and continue to use tools that emphasize less lethal force, CPD must begin to replace all of its Tasers. On September 3, 2015, CPD was granted approval by City Council to accept $49,118 under the federal Justice Assistance Grant (JAG) program to purchase 38 new Taser units. Taser International is the sole source manufacturer and distributer for all Taser Conducted Electrical Weapons. Clearwater Code of Ordinances Section 2.564 1(b) allows that bidding requirements may be waived when commodities or services are available only from a sole source. Taser International has offered a trade-in discount of $181.60 per unit for the 238 Taser X26 Conducted Electrical Weapons in inventory (a credit of $43,220.95) to be used towards the purchase of 200 Taser X26P units. Clearwater Code of Ordinances Section 2.621 V (E) allows for the exception to formal surplus sale procedures if the trade-in of surplus personal property is in the best interest of the City, with Council approval required for any item(s) with a current market value of more than $5,000.00. The cost for 200 Taser X26P CEW’s and associated equipment is $218,502 (trade-in discount reflected), which includes a one-year manufacturer warranty and an additional four-year extended warranty per unit. There would be no recurring cost for repair or replacement for five years from the date of purchase. The Clearwater Police Department has available funds in the 2014/2015 CPD Budget. The Police Department would like to utilize these funds and trade-in discount to replace the remaining Police Department Taser inventory by purchasing 200 Taser X26P units, associated battery packs, holsters, and extended warranties. APPROPRIATION CODE AND AMOUNT: Page 22 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 Funds are available in cost code 010-01155-550400-521-000-0000, Police Department General Operating Supplies. Councilmember Hock-DiPolito moved to approve the purchase order (contract) for 200 Taser X26P Conducted Electrical Weapons (CEW) from Taser International, Inc. for $218,502.00, authorize the appropriate individuals to execute same; declare the current Clearwater Police Department (CPD) inventory of 238 Taser X26 Conducted Electrical Weapon units as surplus and authorize the disposition of said units. The motion was duly seconded and carried unanimously. 8.10 Appoint a councilmember to the Pinellas Suncoast Transit Authority (PSTA) for a three-year term starting October 1, 2015 and expiring on September 30, 2018. Councilmember Jonson’s appointment on the PSTA Board of Directors expires on September 30, 2015. PSTA has requested that an appointment be made for a three-year term starting on October 1, 2015 and ends on September 30, 2018. Councilmember Hamilton moved to appoint Councilmember Jonson to the Pinellas Suncoast Transit Authority (PSTA) for a three-year term starting October 1, 2015 and expiring on September 30, 2018. The motion was duly seconded and carried unanimously. 8.11 Approve 2016 State Legislative Package. Discussion ensued with suggestions made that language be added to support the funding request by the Pinellas Suncoast Transit Authority for a charter operator express service from Tampa International Airport to Clearwater Beach and to allow use of future Penny for Pinellas funds for operational expenses for facilities built with Penny funds. There was consensus to add language to the list of Issues to Support. Councilmember Hock-DiPolito moved to approve the 2016 State Legislative Package as amended. The motion was duly seconded and carried unanimously. Page 23 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 8.12 Reschedule the September 28, 2015 Community Redevelopment Agency (CRA) meeting. The CRA Executive Director has requested to reschedule the September 28, 2015 CRA meeting. Options to consider: • Schedule the meeting on Thursday, October 1 at 3:00 p.m. This will provide the Trustees 2 hours to conduct business before attending the Taste of Clearwater and returning to Chambers for a 7:00 p.m. council meeting. • Schedule the meeting for Monday, October 12, a regularly scheduled work session. • Schedule a special CRA meeting on Friday, October 9 at 2:00 p.m. Councilmember Hock-DiPolito moved to schedule a CRA meeting on Monday, October 12, 2015. The motion was duly seconded and carried unanimously. 9. City Attorney Reports – None. 10. Other Council Action 10.1 BP Settlement and Strategic Projects - Councilmember Jonson Councilmember Jonson requested consideration to discuss how the BP settlement funding can be used at a future council meeting. He said several suggestions have been made in the past and he wanted an opportunity for Council to brainstorm. It was suggested that discussion of BP settlement strategic plans be put on hold until after the budget process and the ULI Master Plan work. 10.2 Veterans Memorial Agenda Item vs. the MOU - Councilmember Jonson Councilmember Jonson said the Veterans Memorial Memorandum of Understanding (MOU) approved by Council addressed only Phase 1. A draft MOU for Phase 2 is in the works. The City Attorney said the MOU being drafted is for the construction of the Page 24 City of Clearwater Draft City Council Meeting Minutes September 17, 2015 first phase. Phase 2 will move forward when Council provides that direction. 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson requested an update on the progress of approved council strategic priorities. He said it is critical for the annual review process that is coming next month. He was pleased to see the continued enthusiasm at the North Greenwood planning session last night and it was good to get input from the community. He received a compliment from the owner of FCS, a grease hauling company, who said the city and public utilities has their act together managing and monitoring the restaurants grease traps. Representative Sprawls expressed an interest in sponsoring a water bill and asked the City of Clearwater to review. Councilmember Hock-DiPolito said she did not oppose the Morningside Recreation Center item and is interested in having a workshop with a sports facility management company. They are a local company that works with 24 municipalities to try to enhance recreation centers to help them become more revenue generating. 12. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 8:11 p.m. Mayor City of Clearwater Attest City Clerk Page 25 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Monday, August 17, 2015 5:00 PM Special Council Meeting Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Jay E. Polglaze (Arrived 5:03 p.m.), Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton and Councilmember Bill Jonson Also Present: William B. Horne II – City Manager, Jill Silverboard – Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 5:01 p.m. at City Hall. 2. Citizens to be heard re items not on the agenda – None. 3. City Manager Reports 3.1 Full Time Equivalent (FTE) Additions FTE Additions being proposed: A. Library Activation (Urban Land Institute) - Hours and Maker Spaces Library – Main Branch (Maker Space Support): Library Program Specialist (1.0 FTE) Budget increase - $59,220 (salary & benefits) to be funded by the CRA Justification: As part of the ULI report, one recommendation was to “Boost the Library”. It was decided to do this with a two pronged approach, to enhance the library as a destination location and to more closely align the library with the economic development plans for the downtown area. This position is in support of the second objective. The Main Library is developing a Business/STEM (Science, Technology, Engineering and Math) Maker Space on the 3rd floor, with an accompanying youth program on the 2nd floor. It will provide equipment such as 3D printers, recording equipment and specialized computer programs that will assist Tech Entrepreneurs to begin work on innovative programs. It will also provide training on business and technology areas where a need has been identified. Working with partner organizations like the Chamber of Commerce and the Taffie incubator program, the library will identify those niches where we can support the overall Clearwater Business Spark! Organization and assist entrepreneurs in developing their projects. This position would be funding by the CRA through an Interlocal Agreement currently being drafted Page 2 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 The library has a perfect opportunity to impact the economic development efforts in the downtown area with targeted program support. Without this position, the library would not be able to add this new service area. Since funding is coming from the CRA, it will not impact the General Fund. Library – Main Branch (Maker Space Support 2): Library Program Specialist (1.0 FTE) Budget increase - $59,220 (salary & benefits) Justification: As part of the ULI report, one recommendation was to “Boost the Library”. It was decided to do this with a two pronged approach, to enhance the library as a destination location and to more closely align the library with the economic development plans for the downtown area. This position is in support of the first objective. The Main Library is developing an Arts and Crafts area on the Main Library 1st floor. One of the latest trends for libraries nationwide is to move from being a more passive space where people come to pick up material or information, to a more active space where people learn and create something they can take with them when they leave. When our public was surveyed about the activities they would like to see in the library, Arts and Crafts had, by far, the greatest support. The library will re-purpose a work room space and turn it into a studio. Partnering with community groups and organizations to provide instruction, the public would be able to try activities such as painting, jewelry making and sewing, enhancing the library as a destination space and attracting people who are not already users. The person holding this position would be responsible for developing those partnerships, creating the programs and monitoring the usage of the space. The Arts and Crafts maker space is the service identified by the public as most needed and wanted. Without a new position, library staffing is too tight to add any new service. Library – Main Branch (Extended Hours): Circulation Librarian (1.0 FTE) Budget increase - $55,640 (salary & benefits) Reference Librarian (1.0 FTE) Budget increase - $55,640 (salary & benefits) Youth Services Librarian (1.0 FTE) Budget increase - $55,640 (salary & benefits) Justification: As part of the ULI report, one recommendation was to “Boost the Library”. It was decided to do this with a two pronged approach, to enhance the library as a destination location and to more closely align the library with the economic development plans for the downtown area. This position is in support of the both objective. In particular, it is difficult to partner with the business community or provide educational activities in support of business activities if the library is only open from 10 am to 7 pm with shorter hours on the weekends. The library frequently has requests to have the building available for meetings that go to 8 pm or beyond, or to be open by 9 am for morning meetings that can allow Page 3 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 people to return to work without impacting their entire day. One asset the library has to support downtown development is space for meetings, workshops, educational programs or collaborative work activities. It also has the ability to support technology needs for this type of programming. It doesn’t currently have the schedule of hours needed to support the partners. These three positions would provide the coverage needed to open the library two evenings until 9 pm and two mornings at 9 am. Because the Main Library has multiple floors and all areas are open when the library is open, additional help would be needed on each level to support the additional hours. Without these new positions, library staffing is too tight to add any additional hours of service. The Main Library would be very limited in providing meeting room space for the business community or even for City activities. An outstanding City asset would be unavailable to help the City implement the vision it has for the downtown. Library – Countryside Branch (Extended Hours): Librarian (1.0 FTE) Budget increase - $54,540 (salary & benefits) Part-time Library Assistant (0.6 FTE) Budget increase - $13,640 (salary & benefits) Part-time Page (0.4 FTE) Budget increase - $8,100 (salary & benefits) Justification: The Countryside Library was open 7 days a week and was the busiest library location. With budget reductions during the recession, the facility went from 68 hrs/wk to 46 hrs/wk and is now closed on Fridays. This request is to add the seventh day to the Countryside Branch schedule as the new facility opens in October. The library expects to see a large increase in usage with the excitement of a new branch in a community that has always been very supportive of its library. Both the Library and the Rec. Center expect to see a synergistic affect with the grouping of the City services in one location, and there has always been a demand for a 7-day week schedule. This would bring the total number of hours per week to 51. At the time the Countryside Branch expansion was added to the Penny III list back in 2007, the library made a commitment to not expand the staffing needs to support a larger building. The staffing increase requested above reflects that commitment. If the library hours are not increased at the Countryside Branch, no new staffing is needed. The building was designed and constructed, and RFID technology was incorporated, to insure staffing levels would not need to increase because of the larger building size. Without these new positions, library staffing is too tight to add any additional hours of service. The Countryside Branch Library would continue to be open only 6 days a week. The public demand for additional hours of service would not be met. Page 4 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 B. Neighborhood Services - Planning and Placemaking Planning and Development – Planning: Neighborhoods Coordinator (1.0 FTE) Budget Increase - $65,510 (salary & benefits), $123,000 (Operating supplies: $13,000 +/- for Existing Programs (Neighborhoods’ Day, etc.) and $110,000 for new initiatives and projects execution) Justification: To develop and coordinate the City’s neighborhood engagement and outreach activities to provide enhanced collaboration with neighborhoods in support of public safety, infrastructure and quality of life improvements and community-building initiatives. Functions & Focus: Liaison with neighborhood associations as a lead City contact and for purposes of coordinating the annual Neighborhood’s Day and any related activities. Develop a Placemaking manual, process and program in support of public improvements that address neighborhood economic, social, safety and resiliency. Coordinate a multi-year neighborhood improvement assessment of Placemaking projects for evaluation of projects meeting defined criteria for funding and project development. The assessment process will include pre-evaluation surveys of neighborhood residents and business owners and post-improvement results. Work collaboratively with employee teams, across departments, to develop a systems approach for neighborhood outreach on key City priorities and initiatives, which includes innovative engagement strategies that increase input and feedback on City services and infrastructure improvements. City Council has expressed an interest in a higher level of neighborhood engagement, which was dramatically reduced during the recession. Staff identified this approach as a possible alternative to restoring pre-recession program and staffing levels. If not filled, staff will remain at .5 FTE to provide limited neighborhood association liaison work and coordinate the annual Neighborhood’s Day. Planning and Development – Code Compliance: Code Enforcement Officer (1.0 FTE) Budget increase - $51,600 (salary & benefits) $2,570 (operating expenses) Justification: Restore position eliminated during constrained budget years. This position was eliminated upon retirement of the incumbent. Would impact enforcement resources by reducing increased coverage demand resulting from reduction in staff. Code compliance is one area in which some compliance issues resulting from economic downturn increased coincided with reductions in levels of staff resources to address them. This would restore pre-recession staffing levels. Failure to replace the position results in constrained resources and limits ability to engage in pro-active enforcement. Page 5 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 C. Policing - Communications and Coverage Police Department – Report Review Team: Police Report Reviewers (2.7 FTEs) These existing positions were previously funded by a grant Budget increase - $97,510 (salary & benefits) Justification: In the 2014/2105 budget, the 2.7 part-time Police Report Reviewer FTEs were funded by a combination of the Investigative Cost Recovery Program ($39,227) and the Justice Assistance Grant ($58,283). The Justice Assistance Grant funds are not best utilized for reoccurring personnel cost, and are more appropriately utilized for other purposes. The Police Department believes the current system of report review is more efficient than having field supervisors review reports. A smaller group of reviewers (4 part time positions) allows for greater consistency in report accuracy. Field supervisors are able to provide more oversight of employees working in the field. Additional oversight of employees in the field allow for issues or errors to be indentified early and correctly more efficiently. The Department will need to reallocate the JAG funding source use for this program to cover the costs associated with purchasing replacement TASERS (3 year cycle). The Department will need to reallocate the Investigative Cost Recovery Program funds to support a program that will fill the void of the Clearwater AmeriCorps program since funding for that program is scheduled to expire December 31, 2015. Should this proposal not be approved, the department would discontinue the Report Review Team. The responsibility of reviewing reports would become the duty and responsibility of the supervisors. The report quality would decrease and potentially have a negative impact on the reputation of the agency with the Office of the State Attorney. The time it would take for a report to be approved would become extended. Field supervisors would have less time to observe employees in the field and identify learning opportunities for improved service quality. Field supervisors are currently working supervisors, and additional officer FTEs would be necessary to compensate for the time supervisors would dedicate to report review. Police Department – Patrol: Police Officers (2.0 FTE) Budget increase - $136,380 (salary & benefits) Page 6 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 Justification: The city of Clearwater has experienced significant growth in the past several years which has increased the service demands of the police department. The beach area that was once a seasonal attraction is now a year round attraction for tourist and local citizens. In 2011, there were 20 officers assigned to District I (Clearwater Beach). Currently, due to increased demand, the police department has reallocated resources 9 officers and had 2 additional positions added to the police department budget to reach a level of 31 officers assigned to District I (Clearwater Beach). Clearwater is experiencing growth throughout the city, not just in District I. This development includes new businesses and the construction of new homes and apartment complexes. These new apartment complexes and single family developments include: Broadstone Apartments (240 units), Solaris Apartments (426 units), apartments at Prospect Ave. & Cleveland St. (257 units) and luxury homes (50) at McMullen Booth and Union. Other increased demand includes a new BayCare facility and an expanded Westfield Mall. There is a developing trend, nationally and locally, of increased violent crime and auto thefts. Municipal staffing ratios indicate that per capita, the Clearwater Police Department is one of the lowest in the county when compared to cities that are not a robust tourist destination. The Clearwater Police Department is currently at 2.12 and is unique to the other agencies as we are servicing a more robust tourist destination. Other staffing ratios for comparison: The St. Petersburg Police Department - 2.46, Pinellas Park Police Department – 2.60, and the Largo Police Department – 2.14. For comparison, Daytona Beach Police Department has a staffing ratio of 3.82. The additional FTEs would be used to conduct bicycle patrols that would occur in specific areas in District II/III as identified through crime analysis to address crime patterns, conduct bicycle patrols that support community outreach efforts (malls, strip stores, city parks), support the District I Anti-Crime Team conducting enhanced ordinance (alcohol, skateboard, etc) enforcement on District I, conduct proactive details addressing issues with prolific and chronic youthful offenders. These officers would conduct enhanced patrols at the beach area of the Courtney Campbell Causeway, Ream Wilson Trail, etc. Should the positions not be approved, the department would become more reactive than proactive. The department had been successful with the current staffing levels because there was a national downturn in crime. The projected national trend is that there will be an increase in crime, which is already beginning to be seen in the data. Absent these positions, the department will not Page 7 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 have the resources to address developing trends or effectively prevent trends and will become less proactive, and be forced to be reactive. Resources would need to be pulled from giving attention to quality of life issues to focus on more serious crime. Police Department – Criminal Investigations: Police Service/Crime Scene Technician (1.0 FTE) Budget increase - $52,990 (salary & benefits) Justification: The Police Department has seen a significant increase in the relationship between technology and crime. The Police Department believes that in the future, we will see this relationship further increase and that there will be a pervasive use of technology to facilitate crime. The Clearwater Police Department currently tasks a detective with the responsibility of recovering electronic evidence and conducting analysis of electronic evidence. This was a feasible structure when the demand was minimal. Since the demand has significantly increased, the current detective is unavailable to conduct other investigative duties and is primarily conducting the duties of dealing with the technology associated with criminal offenses. Due to the detective having other responsibilities, obtaining digital images of suspects or an analysis of data can be delayed, reducing the likelihood of successfully closing a case. Since a small portion of offenders commit a large portion of crime, and are serial in nature, this can result in additional crime and more victims. This position would support the detectives of the Economic Crimes Unit by collecting evidentiary documents, preparation of subpoenas, and the analysis associated with financial crimes. Identity theft and fraud are growing trends and there is a close relationship to this crime category and the use of technology and the Internet. The efficient way to address the developing trends and new demands of technology related crime is for the Police Department to add a non-sworn FTE in the form of a PST – Crime Scene Technician to the Criminal Investigations Division – Economic Crimes Unit. This proposal is mindful of the need to be fiscally responsible, seeking the most cost effective position to address this investigative need. Should the position not be approved, the department would be required to neglect the investigative responsibilities currently assigned of a detective in the Intelligence Unit. Should this position not be approved, the recovery of digital evidence will not be completed in a timely manner and the solvability of criminal offenses would be reduced. A decrease in solvability or delay in closing cases would result in increased crimes and additional victims. The Police Department would not Page 8 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 prepared for this developing trend and would lack the ability to efficiently collect this niche of evidence. Police Department – Communications: Police Communications Operator (2.0 FTEs) Budget increase - $0 (to be funded through salary savings) No additional funding was added to the Fiscal Year 16 budget for this position. The department will fund these FTE through the salary savings that occurs from regular frictional unemployment. Justification: The Police Communications Center has experienced a significant turnover in the past several years. As a result of the higher turnover rate, the Communications Center traditionally operates at staffing levels under the budgeted FTE positions. There are several personnel that are scheduled to retire in the next budget year. The department has put in place mechanisms to address this turnover, to include a new shift schedule, leadership change, and an additional screening process to identify the best candidates. While it will take time to effectively evaluate the impact of these changes, the department needs to position itself to get in front of the turnover curve. The Communications Center is currently staffed with 39.6 FTE’s. The current attrition rate for fiscal year 2014/2015 is 18%. The state regulated Communication Operator training takes approximately 12 months to complete. Although the department has implemented methods to reduce the number of candidates that fail to complete the training program, the current rate of successful completion is less than 70%. In fiscal year 2013/2014, the Center handled 187215 calls for service, a 13% increase above the previous average of 165,800. Should this request not be approved, the Communications Center will continue to face staffing issues. The police department recognizes the Communications Center is the citizen’s first contact with the police department when the citizen is experiencing an issue. Inadequate staffing will negatively impact the department’s ability to provide the responsive service standard that has been established. During a critical incident, key information may not be obtained due delays in answering calls because of low staffing levels. D. Branding - Public Communications Public Communications: Graphic Artist (1.0 FTE) Budget increase - $49,500 (salary & benefits) Justification: To assist with the additional work load of photography and graphic design requests. Graphic design work orders for items such as brochures, Sunshine Lines, MyClearwater magazine, business cards, logo design, etc. have been steadily increasing. The work order numbers are as follows: •Fiscal Year (FY) 2011 - 578 Page 9 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 •FY2012 - 598 •FY2013 - 591 •FY2014 - 661 •FY2015 (6 months) - 381 In the 2009/10 FY, the department eliminated one graphic artist position. Staff anticipates an increase in demand for graphic design services with the communications associated with special events, once-a-week trash pickup, Clearwater SPARK, and the redesign of all collateral, business cards, and giveaways when the new brand is rolled out. There will also be a need for graphic design consultation with the website re-design. If the position is not filled, staff anticipates an increase to photography BPO for more out-of-house event, head-shots and studio photography support; delays in graphic design work order completion; SPARK graphic design and website design done out of house at an increased cost to Economic Development; and an increase in professional service fees to contract freelance graphic design services. Staff currently has approximately $10,000 budgeted for outsourced freelance services. That would need to increase to cover magazine design as well as various projects. Departments would need to fund the extra expenses to get their work prioritized. Staff is seeking direction regarding any changes needed to the proposed FTE additions. Budget Manager Kayleen Kastel provided a PowerPoint presentation. In response to questions, Library Director Barbara Pickell said staff will try to work with partner organizations to make the Main Library available outside of the proposed extended hours if needed. The facility currently opens at 10:00 a.m.; operating hours are established by usage. The Main Library will open at 9:00 a.m. on Mondays and Tuesdays. Ms. Pickell said the Main Library is currently open on Fridays, Saturdays, and Sundays from Noon to 5:00 p.m. During the economic downturn, many of the full-time staffing positions were changed to part-time positions in order to incur cost savings. Assistant City Manager Rod Irwin said the Community Redevelopment Agency will be proposing the STEM Center in the upcoming budget and will fund some hours for operating the Center. Ms. Pickell said 40% of the individuals who use the Countryside Library are Clearwater residents. The City Manager said the Countryside Recreation Center will not be open on Sundays. Assistant City Manager Jill Silverboard said staff is attempting to create synergy of the co-location of the Countryside Recreation Center and Library on Fridays without eliminating the Sunday hours since it is the day most used. Parks and Recreation Director Kevin Dunbar said the Countryside Recreation Center used to be open on Sundays because of citizen requests. The Sunday Page 10 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 hours were eliminated because it only averaged 10 individuals. Mr. Dunbar noted that there is no Little League programming on Sundays. Ms. Pickell said five additional hours are being proposed for Fridays; all Clearwater library facilities are open on Fridays from Noon to 5:00 p.m. In response to questions, Ms. Pickell said the proposed St. Petersburg College (SPC) joint library will not be open on Sundays as most SPC libraries are closed on Sundays. More than half of the libraries in the Pinellas County Library Cooperative are open on Sundays. The Cooperative provided $763,000 last year to serve non residents. The East Library is closed on Sundays due to lack of usage; the N. Greenwood and Beach Libraries are closed on the weekends. In response to a suggestion that the current operating hours of the new Countryside Library remain, Ms. Silverboard said staff had always intended to open the facility at the enhanced level. When the new facility was discussed last year, staff advised Council of the proposed staff increases for the upcoming budget year. In response to questions, Planning and Development Director Michael Delk said staff has not drafted the job description and qualifications for the Neighborhoods Coordinator yet; if approved, staff will begin the task. Ms. Silverboard said staff anticipates the position will be a SAMP 3 position; the individual would work independently and be a liaison with internal staff. The City Manager said staff knows the .5 FTE cannot facilitate Neighborhoods Day and engage the neighborhoods at their expected level. Support was expressed for the staffing request. Concerns were expressed that increasing the position by .5 FTE is needed. In response to questions, Police Chief Daniel Slaughter said grant funding for the human trafficking was eliminated over a year ago and the department has absorbed the position under a different title. Past staffing reductions have not negatively impacted the department. Chief Slaughter said the staffing changes have led to efficiency improvements. If violent crimes continue to increase, there may be a need to increase staffing. Support was expressed for the staffing request. In response to questions, Public Communications Director Joelle Castelli said the person who currently does the Neighborhood’s will be a full time position in Parks and Recreation. All items with the sun and waves logo will be redesigned with the new branding logo and color scheme. Before the staffing reductions, the department had two graphic artists on staff. Departments have increased their demand for graphic work. The City’s web redesign has been on hold until the branding process is completed. If graphic work is outsourced, Page 11 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 the City would have less control and receive less per hour. It was suggested that Economic Development increase staffing. Assistant City Manager Rod Irwin said Economic Development staff is considering staff increases for the Community Redevelopment Agency. Council has chosen not to address the third phase of the Cleveland Street Streetscape until the east gateway vision plan is completed. Economic Development and Housing Director Geri Campos Lopez said staff works collaboratively with Engineering to address stormwater infrastructure; the community will be engaged when the design portion of the project is 60% complete. There is a sidewalk contract coming in the next year. The community has expressed a desire for angled parking, which is not allowed. Parking would be addressed as part of the character district when the downtown plan is done. Ms. Kastel said Utilities has reduced their proposed staffing increase by 5; only three additional positions are being requested. 3.2 Council Discussion of Operating Budget Pickle Ball Courts The City Manager said staff received a request from a citizen for pickle ball lines on the courts at Bay Park in Sand Key. Parks and Recreation Director Kevin Dunbar said staff estimates it will cost $60,000 annually to implement pickle ball lines at neighborhood parks. Staff would convert tennis courts to multipurpose courts. The City currently offers pickle ball courts at several locations. During the recent Parks and Recreation Master Plan process, there was interest from the Countryside area for pickle ball courts but scored poorly when it was reviewed by the steering committee. There was no consensus to pursue the request. Clearwater Historical Society The Mayor said the City Manager provided Council with information on how other communities provided funding to their historical society’s and asked if Council wanted to provide a short term grant for the Clearwater Historical Society. Discussion ensued with support expressed to provide funding to the Clearwater Historical Society. It was stated that some cities provide $100,000 for a short-term basis and that a contribution has never been made by the City Page 12 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 in the past. In response to a question, the City Attorney said a city grant would be subject to an agreement. Councilmember Hamilton moved to provide a $1,000 monthly grant for three years and evaluate further. The motion was duly seconded and carried unanimously. The Council recessed from 7:07 p.m. to 7:15 p.m. In response to a question, Ms. Kastel said all staffing changes will be effective October 1. In response to questions, Finance Director Jay Ravins said the current pension fund credit balance is $10 million and the funded ratio is around 100. The pension actuary provided a “what if” the total return on the portfolio, including the equity market, the bond market and the real estate market combined with a negative 15%. The City’s current year to date return through the first six months of calendar year 2015 is 1.4%, which equates to a 2.8% return for the year. Given the volatility of the pension plan, the City’s pension plan is highly leveraged and dependent on investment returns. Given the volatility, it would be difficult to say the plan ever has an adequate credit balance. It is in the best interest of the City to be conservative and add to the credit balance. The actuary is in favor of a healthy credit balance. The City Manager said staff is not anticipating adding more FTE’s to the budget next year and that this is the city’s first year adjusting to the new economic environment. In response to a concern, Mr. Ravins said the City has a diversified portfolio that is highly leveraged; staff manages the risk of the portfolio with professional consultants. Because a large percentage of the revenues for the pension plan come from those investment earnings, when there is a downturn in the economy it impacts the City’s plan much greater than other pension plans that don’t have as big of an investment portfolio. 3.3 Capital Projects A. Changes to Penny for Pinellas (Penny) III Funding Schedule a. Morningside Recreation Center b. Joe DiMaggio Multipurpose Fields c. Cooper’s Point Park Improvements Page 13 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 d. Crest Lake Park B. Seminole Boat Ramp Staff is seeking direction regarding proposed changes to capital funding. Budget Manager Kayleen Kastel reviewed the existing Penny List and proposed changes. In response to a question, Ms. Kastel said the Morningside Recreation Center is an existing project with money being added to it. The Joe DiMaggio fields are moving up three years, which will adjust the balance forward into next year. Last year’s undesignated future penny projects balance was $6,750,000. In response to questions, Parks and Recreation Director Kevin Dunbar said the $225 per square foot cost estimate for the Morningside Recreation Center comes from our consultants. The budget includes $100,000 for FF&E (furniture, fixtures, and other equipment) and 7% for consultants to do the soft cost work. Once all numbers have been compiled, the project will come back before Council. In response to questions, Assistant City Manager Jill Silverboard said ULI projects and Council’s priorities of those projects follow the public hearing on the penny list for Fiscal Year (FY) 14. Council has the flexibility to shift priorities with the undesignated funds. Previously, Council had decided to not tie the undesignated penny money to a specific project. Funding for a new city hall was eliminated from the budget. Ms. Kastel said money cut from other projects in FY14 resulted in a credit of $6.7 million. At that time, staff was directed to look for money for city hall. It was then determined that the $6.7 million be listed as undesignated funds instead of City Hall. Ms. Kastel clarified specific projects are named and funded with money being allocated from the youth sports fields and neighborhood park renovations; when the time comes for Crest Lake Park renovations, a specific project will be named and funded out of neighborhood park renovations. Finance Director Jay Ravins said the undesignated money could be eliminated and combined with the estimated available balance. Crest Lake Park Parks and Recreation Director Kevin Dunbar said $1.5 million is designated in the Fiscal Year (FY) 17/18 budget. This amount would go toward design, permitting, path improvements, upgraded lighting and amenities, restrooms, Page 14 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 up to 5 acres of turf improvements and irrigation, 40 parking spaces and some landscaping. There is currently $4.35 million available in neighborhood parks. There are several other parks that have been designated for some type of park improvement. With this design, 1.5 FTE’s and an increase in annual operating costs of $65,000 would be necessary. In response to questions, Mr. Dunbar said there would be things that would require disposal if the berms were eliminated. If eliminated, it could be part of the 5 acres that will be improved. Ms. Silverboard said for the purposes of the Penny III draft, staff needs direction to move this project forward in FY15/16 if Council desires. If Council wants to move forward, a master site plan for the park needs to be created with construction beginning in FY16/17. The process would begin with a committee working with a professional consultant. It would cost no more than $250,000 to get the design started. Remaining funds not used toward design will remain in the project for construction. Vice Mayor Polglaze moved to allocate $250,000 out of neighborhood park renovations into Crest Lake Park for park design in FY 15/16. The motion was duly seconded and carried unanimously. Seminole Boat Docks Marine and Aviation Director Bill Morris said the concrete and ramp are being destroyed by boats and trailers that are too large for the launching facility and he would like to replace parts of the pavement with concrete instead of asphalt which would cost approximately $8,000. A total repave of the facility with concrete in the area at the top of the launch ramp would cost $200,000. The ramps were designed for boats 26 feet and under. Fish and Wildlife determined that boats larger than 26 feet are not trailer-able. Mr. Morris said he has seen boats as large as 35 feet launching from this facility. In response to a suggestion, Mr. Morris said he would have to consult with engineering to see if it would be possible to drop the concrete at the top of the ramp and replace with a French drain rather than concrete the area. Only about 6 super boats get lifted into the water by crane, the majority use the ramp. In response to a question, Assistant City Manager Rod Irwin said the North Marina Plan includes the Seminole Boat Dock area. Mr. Morris said he is reluctant to spend money beyond the patches until the North Marina Plan is established. Discussion ensued regarding boating being a ULI priority. There was consensus to proceed with the $8,000 fix. City Manager Bill Horne expressed a concern regarding the reason the ramp is being torn up and if the behavior of the ramp users is not changed, the fix will not last. Comment was made that the ramp is an old design and needs to be redesigned to accommodate the boats being launched there. Page 15 City of Clearwater Draft City Council Meeting Minutes August 17, 2015 4. Closing comments by Councilmembers (limited to 3 minutes) – None. 5. Closing Comments by Mayor – None. 6. Adjourn The meeting adjourned at 8:31 p.m. Mayor City of Clearwater Attest City Clerk Page 16 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1568 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $250,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill from October 1, 2015 through September 30, 2016, as provided in the City’s Code of Ordinances, Section 2.564 (1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County operates the only waste to energy plant/landfill in the county. The National Pollutant Discharge Elimination System permit that the Stormwater Maintenance Division operates under requires the disposal of all debris generated from the street sweepers, vac-con operation and ditch/catch basin cleaning to a landfill disposal site. APPROPRIATION CODE AND AMOUNT: 0419-02090-543500-539-000-0000 $250,000 Funding for this agreement is included in the 2015/16 City Manager’s Recommended Stormwater Maintenance Operating Budget for Dump Fees. Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1638 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Award a contract (Purchase Order) to Verizon Wireless for basic cellular/smart phones and mobile data services for the period of November 1, 2015 through October 31, 2016 in an amount not to exceed $360,000 in accordance with Sec 2.564 (1) (d), Code of Ordinances, under State Contract DMS-1011-008C, and authorize the appropriate officials to execute same. (consent) SUMMARY: The total Verizon Purchase Order is $360,000, broken down as follows: Basic cellular/smart phones $180,000 and data cards for Police Department’s patrol vehicles as well as data cards for various other departments $180,000. This Purchase Order represents an increase of approximately $28,400 (8.6%) from the previous year. APPROPRIATION CODE AND AMOUNT: 0555-09865-542100-519-000-0000 - $180,000 0555-09862-530300-519-000-0000 - $180,000 Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1657 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Award a contract (blanket purchase order) to W.W. Grainger, Inc. (Grainger) of Clearwater, FL in the annual amount of $175,000, for the purchase of MRO (Maintenance and Repairs Operations) Supplies and Related Services, as needed, for a one-year period, and authorize the appropriate officials to execute same. (consent) SUMMARY: Grainger has a distribution facility located in Clearwater, Florida, and carries numerous parts and materials relating to the utility industry including, but not limited to, pipes, valves, fittings, tools and equipment that are used in the day -to-day operations of the Public Utilities Department. This BPO replaces existing BPO: BR510973. City Code Section 2.564 (1) (b) allows for the utilization of other public entity bids. The State of Florida, Department of Management Services, Division of State Purchasing contract with Grainger is 450-000-11-ACS, MRO: Facilities Maintenance Supplies (Western State Contracting Alliance), and is effective until February 28, 2017. The contract provides for MRO supplies and related services available from W .W. Grainger, Inc. Staff requests authorization to utilize the contract for a one-year period on a blanket purchase order. APPROPRIATION CODE AND AMOUNT: 0421-01351-550400-535-000-0000 $87,500.00 Fiscal Year 15/16 0421-02053-550400-533-000-0000 $87,500.00 Fiscal Year 15/16 Sufficient funding is available in Water and Sewer Utility Fund in the amounts of $87,500 from 0421-01351, WPC Plant Operations, and $87,500 from 0421-02053, Water Supply, for total funding in the amount of $175,000.00. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1661 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of an underground natural gas main in the CSX right-of-way and authorize the appropriate officials to execute same. (consent) SUMMARY: In order to continue supplying natural gas service and maintain system reliability, Clearwater Gas System needs to replace a gas main, which crosses the CSX railroad right-of-way along Tampa Road in Oldsmar, FL. This crossing will replace an existing antiquated main, as part of our preventive maintenance of our system. The proposed gas main will be a 6-inch diameter pipeline. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. A one-time Encroachment Fee of $500.00 will be paid upon execution of the Agreement. This Agreement also contains a Contractor Acceptance Rider that requires any contractor performing work within the CSX right-of-way, as part of this agreement, to provide $1,000,000 Workers Compensation & Employers Liability insurance; $5,000,000 Commercial General Liability coverage; Business automobile liability insurance of $1,000,000; and Railroad Protective Liability Insurance coverage of $5,000,000. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-96377, Pinellas New Mains/Service Lines. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1665 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Award contracts (blanket purchase orders) per Invitation to Bid Number 53-15, in the total annual amount of $2,000,000 for the purchase of diaphragm gas meters, regulators, rotary gas meters, and gas regulators, as required by Clearwater Gas System, for a one-year term, October 1, 2015 through September 30, 2016, and two one-year extension periods, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid 53-15 was issued in June 2015 for the supply of natural gas meters and regulators on an as-needed basis for the Clearwater Gas System (CGS). Five bids were received and equipment samples were requested from multiple vendors for evaluation of specification compliance, including coatings and compatibility requirements. Four vendors have been selected as the lowest responsive and responsible bidder, meeting the specifications for Bid 53-15, to be awarded as follows: Elster (items 1, 2, 3); M.T. Deason Company (items 4, 5, 14, 15, 16); Equipment Controls Company (items 6, 7, 8, 9); and Key Controls Inc. (items 10, 11, 12, 13). All materials are code approved and the meters and regulators will be used on the Clearwater Gas System Distribution System for new customers as well as replacing existing meters that have reached the end of their useful life. APPROPRIATION CODE AND AMOUNT: Funding is requested in a lump sum so staff has the flexibility to allocate to each vendor as needed during each one-year term. CGS is not obligated to expend the entire amount being requested. Funding is available in Gas Meter Change-out Pinellas 315-96367 and Gas Meter Change-out Pasco 315-96379 in the Clearwater Gas System Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/30/2015 CITY OF CLEARWATER ITB # 53-15, NATURAL GAS METERS AND REGULATORS DUE DATE: JULY 7, 2015; 10:00 AM BID TABULATION FOR NEW UNIT PRICING Elster Holdings US, Inc Equipment Controls Company Devtech Sales, Inc.Key Controls, Inc.M.T. Deason Company, Inc. Item Description 1 200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS METERS WITH CONNECTIONS $ 78.74 $ 75.02 No Bid No Bid 75.80$ 2 400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS $ 180.62 $ 163.23 No Bid No Bid 188.50$ 3 600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS $ 394.93 No Bid No Bid No Bid 614.75$ 4 800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS $ 919.59 No Bid No Bid No Bid 758.00$ 5 1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH CONNECTIONS $ 1,407.67 No Bid No Bid No Bid 775.00$ 6 ROMET OR ROOTS 3M ROTARY METER Non-Responsive $ 1,364.00 $ 1,565.00 No Bid No Bid 7 ROMET OR ROOTS 5M ROTARY METER Non-Responsive $ 1,724.00 $ 1,990.00 No Bid No Bid 8 ROMET OR ROOTS 7M ROTARY METER Non-Responsive $ 2,218.00 $ 2,620.00 No Bid No Bid 9 ROMET OR ROOTS 11M ROTARY METER $ 2,940.00 $ 2,615.00 $ 3,365.00 No Bid No Bid 10 HSR 3/4" ANGLE BODY Non-Responsive No Bid No Bid $ 45.42 20.50$ 11 HSR 3/4" ANGLE BODY Non-Responsive No Bid No Bid $ 45.42 20.50$ 12 HSR 1" Non-Responsive No Bid No Bid $ 45.42 19.00$ 13 HSR 1" Non-Responsive No Bid No Bid $ 45.42 19.00$ 14 CS200 1 1/4" $ 24.96 No Bid No Bid $ 167.88 205.00$ 15 CS200 1 1/4" $ 24.96 No Bid No Bid $ 167.88 205.00$ 16 B34 2" FLANGED OR FEMALE PIPE THREAD GAS REGULATOR WITH INTERNAL RELIEF VALVE $ 298.80 $ 361.18 No Bid $ 263.14 230.00$ NOTE: Items with a star ( ) indicates intent to award. Non-Responsive items do not meet the required bid specifications. Items with an asterisk ( ) have been evaluated to be the best value of specification compliance, including coatings and compatibility requirements as follows: Item # 1 - 2: Price includes new unit with ERT installed. This option permits standardized on Meter/ERT combination, other meters in this category require different ERT. Items # 10 - 13: This option permits standardized on Regulators with metal internal workings. Items # 14 - 16: This option can be used for commercial accounts and eliminates the need for a second regulator. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1689 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Request for authority to institute a civil action on behalf of the City against Diamond Directional Drilling, LLC, to recover $2,888.18 for damages to City property. (consent) SUMMARY: On July 24, 2014, employees of Diamond Directional Drilling, LLC, while using a trackhoe/small excavator, cut a 2-inch PE main line at 2495 N. McMullen Booth Road, Clearwater, Florida. Repairs to the gas line totaled $2,888.18. Diamond Directional Drilling, LLC, has declined to reimburse the City for these repairs and disputes the City’s claim. The costs relative to each of these actions will include a $400.00 filing fee and fees for service of process of approximately $100.00. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0-590-07000-545900-519-000-0000 , to fund this contract. Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1690 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an extension to the existing banking services agreement with Bank of America, N.A., with revised pricing per Exhibit I, for a not-to-exceed amount of $140,000 for a one-year period, October 1, 2015 to September 30, 2016, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2005, the City conducted a Request for RFP (RFP) process for banking services. Bank of America (BOA) was awarded the RFP for a five -year agreement, expiring September 30, 2010. In 2010, the City extended the agreement with BOA for an additional five years with no change in pricing, for a not -to-exceed total of $600,000. The agreement expires September 30, 2015. Staff is requesting a one -year extension with Bank of America to allow for completion of an RFP process for banking services. Bank of America is unable to extend the current pricing (from 2005) for the one-year extension. Exhibit I provides the fee schedule for the one -year extension. The new schedule of fees, when applied to current activity levels, reflects an increase of approximately 83.2% over the 2005 prices; Exhibit II provides a cost comparison. Annual costs are projected to increase by $62,500, from the current estimated $75,200 to $137,700. This increase in rates is equivalent to an average annual increase of approximately 6.24% over the ten-year period from fiscal year 2006 to fiscal year 2016. Staff intends to mitigate the impact of these rate increases by movement away from some of the more costly deposit services. This will include increasing the volume of remotely deposited checks, and a reduction in teller -assisted deposits. Additionally, staff is investigating the use of other area banks for deposit activities if cost savings can be achieved, with the funds then moved daily or weekly to the City ’s BOA operating account. Finally, cash levels at BOA will be minimized to reduce the FDIC deposit insurance assessment. APPROPRIATION CODE AND AMOUNT: Funds are available in 0699-07400-530100-585-000-0000 in the amount of $140,000 to fund this agreement. Page 1 City of Clearwater Printed on 9/30/2015 File Number: ID#15-1690 Page 2 City of Clearwater Printed on 9/30/2015 EXHIBIT I SERVICE DESCRIPTION UNIT PRICE NOTES DEP INSURANCE - BANK ASSESSMENT *Subject to change.*0.0186 ACCOUNT MAINTENANCE $10.00 ZBA MASTER ACCOUNT MAINT $11.00 ZBA SUBSIDIARY ACCOUNT MAINT $6.00 DEBITS POSTED ELECTRONIC $0.05 DEBITS POSTED-OTHER $0.05 CREDITS POSTED ELECTRONIC $0.05 CREDITS POSTED-OTHER $0.05 DEPOSIT ACCOUNT STATEMENTS *Free through CashPro.*$0.00 PAPER DEPOSIT STATEMENT MAILED $9.00 BANKING CENTER DEPOSIT $3.50 Recommend RDSO for check deposits which is $0.20. QBD/NIGHT DROP DEPOSIT $1.50 VAULT DEPOSIT $1.00 CHECK DEPOSIT-ICL or RDSO $0.20 Recommend RDSO as a new service in an effort to save on analysis fees. CHECK DEPOSIT-PAPER $0.20 TRANSMISSION MAINTENANCE $114.00 CKS DEP PRE-ENCODED ITEMS $0.10 IMAGE DEPOSITED ITEMS-ICL $0.03 New Service added that was not listed in the contract. CKS DEP UN-ENCODED ITEMS $0.22 Recommend RDSO for check deposits which is $0.15 per item. CKS DEP REJECTS $0.10 CKS DEPOSITED FOREIGN ITEMS $2.00 RETURNS-CHARGEBACK $1.25 RETURNS-RECLEAR $1.00 RETURNS-RECLEAR SERVICES $0.00 RETURNS-ERIN $1.25 DEPOSIT CORRECTION-NON-CASH $1.00 DEPOSIT CORRECTION-RDSO $0.00 GENERAL CHECKS PAID TRUNCATED $0.10 STOP PAY AUTOMATED<=12 MONTHS $5.00 STOP PAY MANUAL<=12 MONTHS $30.00 New Service added that was not listed in the contract. CURR/COIN DEP/$100-QBD-ND $0.09 CURR/COIN DEP/$100-BKG CTR $0.35 Recommend QBD-ND @ $0.09 COIN DEPOSIT-NON STD BAG-VLT $4.00 We can order the correct bags to eliminate this charge. COIN DEPOSIT-STD BAG-VLT $0.00 CURR/COIN DEP/$100-VLT 0.095 DEPOSIT CORRECTION-CASH $2.00 ACH MONTHLY MAINTENANCE $13.00 ACH CONSUMER OFF US DEBITS $0.055 ACH CONSUMER ON US DEBITS $0.055 ACH CONSUMER OFF US CREDITS $0.055 ACH CONSUMER ON US CREDITS $0.055 ACH CORPORATE OFF US CREDITS $0.055 ACH ORIGINATED ADDENDA $0.01 ACH BLOCKS AUTH INSTRUCTIONS $0.00 ACH DEBIT RECEIVED ITEM $0.05 ACH CREDIT RECEIVED ITEM $0.05 ACH RETURN ITEM $1.50 ACH INPUT-FILE $10.00 ACH INPUT-ECHANNEL $7.00 DELETE/REVERSAL BATCH/FILE $100.00 ACH DELETE/REVERSAL $22.50 ACH BLOCKS AUTH MAINTENANCE $10.00 ACH NOTIF OF CHANGE (NOC)$3.50 ACH STANDARD REPORTS-FAX $3.00 ACH STANDARD RPTS- ELECTRONIC $2.30 CPO ARP POSITIVE PAY NOTIF $0.03 CPO GP MTHLY MAINT BASIC $0.00 Agreement for Banking Services - Pricing Schedule Page 1 of 2 EXHIBIT I SERVICE DESCRIPTION UNIT PRICE NOTES Agreement for Banking Services - Pricing Schedule ELEC WIRE OUT-DOMESTIC $6.00 ELEC WIRE OUT-BOOK DB $3.00 INCOMING DOMESTIC WIRE $6.00 CPO GPS RPT/CONFIRMS $1.60 ELEC WIRE OUT-DOMESTIC REPAIR $11.00 PH OR STND ORDER TEMP STORE $0.00 CPO GP CUST MNT TEMP STORAGE $1.50 PAYEE POSITIVE PAY MAINT $9.00 PAYEE POSITIVE PAY-ISSUE MATCH $0.03 ARP STALE DATE MAINT $75.00 ARP MAX DOLLAR MAINT $75.00 POSITIVE PAY EXCEPTIONS $2.00 ARP POS PAY RETURN DEFAULT $0.00 ARP POSITIVE PAY RETURN- OTHER $10.00 ARP FULL PPAY MAINT-PPR SUPP $40.00 ARP FULL PPAY INPUT PER ITEM $0.05 ARP RECON TRANS END OF CYCLE $7.00 CPO ARP ONLINE REPORTS $30.00 ARP OUTPUT PROCESSING PER ITEM $0.00 CPO PREM PDR ACCOUNT $5.00 CPO PREM CDR ACCOUNT $5.00 CPO PREM PDR ITM STORED 12 MTH $0.04 CPO PREM CDR ITEM $0.04 CPO ONLINE SUBSCRIPTION $0.00 CPO PREM IR MAINTENANCE $0.00 CPO PER IMAGE ACCESS $0.00 CPO PER IMAGE ACCESS $0.00 CPO PREM RESEARCH ITEM $0.00 CPO PREM RESEARCH ITEM $0.00 IMAGE DEPOSITED ITEMS-RDSO $0.04 Recommend RDSO as a new service in an effort to save on analysis fees. IRD DEPOSITED ITEMS-RDSO $0.08 Recommend RDSO as a new service in an effort to save on analysis fees. EDI REPORT PER ACCOUNT $25.00 New method/service in which this detail is being received is electronic verses faxed which was priced in the contract. CPC REC CASHPRO MONTHLY MAINT $35.00 New method/service in which this detail is being received is electronic verses faxed which was priced in the contract. CPC REC INVOICE VOLUME 1-2500 $0.10 New method/service in which this detail is being received is electronic verses faxed which was priced in the contract. CPC REC INVOICE VOLUME 2501- 10000 $0.05 New method/service in which this detail is being received is electronic verses faxed which was priced in the contract. CPC REC INVOICE VOLUME 10001+$0.03 New method/service in which this detail is being received is electronic verses faxed which was priced in the contract. REMOTE DEP-ACCOUNT MAINTENANCE $25.00 Recommend RDSO as a new service in an effort to save on analysis fees. HIGH VOLUME SCANNER MAINT $25.00 Recommend RDSO as a new service in an effort to save on analysis fees. RDSOL-ITEM STORAGE $0.00 Recommend RDSO as a new service in an effort to save on analysis fees. REMOTE DEP CK IMAGE PROCESSING $0.15 Recommend RDSO as a new service in an effort to save on analysis fees. CD ROM MAINTENANCE $25.00 IMAGE RETRIEVAL $0.25 CD ROM DISK $10.00 CD ROM PER IMAGE $0.02 PP IMAGE REQUESTED $0.02 CHECK COPY $30.00 Page 2 of 2 EXHIBIT II Current Estimated Annual Volume Proposed Price Estimated Annual Service Charge Current Price Estimated Annual Service Charge Increase / (Decrease) 15,000 1.3032$ 19,548.00$ 1.3032$ 19,548.00$ -$ 24 10.0000$ 240.00$ 10.000$ 240.00$ -$ 12 11.0000$ 132.00$ -$ -$ 132.00$ 12 6.0000$ 72.00$ 5.000$ 60.00$ 12.00$ 1,560 0.0500$ 78.00$ 0.050$ 78.00$ -$ 12 0.0500$ 0.60$ 0.050$ 0.60$ -$ 7,740 0.0500$ 387.00$ 0.050$ 387.00$ -$ 12 0.0500$ 0.60$ 0.050$ 0.60$ -$ 12 -$ -$ -$ -$ -$ 0 25.0000$ -$ 25.000$ -$ -$ 12 9.0000$ 108.00$ -$ -$ 108.00$ 6,696 3.5000$ 23,436.00$ 0.200$ 1,339.20$ 22,096.80$ 1,044 1.5000$ 1,566.00$ 0.200$ 208.80$ 1,357.20$ 408 1.0000$ 408.00$ 0.200$ 81.60$ 326.40$ 564 0.2000$ 112.80$ 0.200$ 112.80$ -$ 144 0.2000$ 28.80$ 0.200$ 28.80$ -$ 12 114.0000$ 1,368.00$ -$ -$ 1,368.00$ 492 0.1000$ 49.20$ 0.070$ 34.44$ 14.76$ 174,780 0.0300$ 5,243.40$ 0.020$ 3,495.60$ 1,747.80$ 67,776 0.2200$ 14,910.72$ 0.020$ 1,355.52$ 13,555.20$ 12 0.3800$ 4.56$ 0.380$ 4.56$ -$ 216 2.0000$ 432.00$ 0.110$ 23.76$ 408.24$ 324 1.2500$ 405.00$ 1.250$ 405.00$ -$ 420 1.0000$ 420.00$ 1.000$ 420.00$ -$ 12 -$ -$ -$ -$ -$ 744 1.2500$ 930.00$ 1.250$ 930.00$ -$ 24 1.0000$ 24.00$ -$ -$ 24.00$ 12 -$ -$ -$ -$ -$ 24,348 0.1000$ 2,434.80$ 0.100$ 2,434.80$ -$ 12 5.0000$ 60.00$ 5.000$ 60.00$ -$ 12 30.0000$ 360.00$ 30.000$ 360.00$ -$ Total Depository Services 0 53,211.48$ 12,061.08$ 41,150.40$ Commercial Deps-Cash Vault 0 -$ 1,584 0.0900$ 142.56$ 0.090$ 142.56$ -$ 65,592 0.3500$ 22,957.20$ 0.095$ 6,231.24$ 16,725.96$ 492 4.0000$ 1,968.00$ -$ -$ 1,968.00$ 540 -$ -$ -$ -$ -$ 18,516 0.0900$ 1,666.44$ 0.090$ 1,666.44$ -$ 12 3.5000$ 42.00$ 1.500$ 18.00$ 24.00$ Total Commercial Deps-Cash Vault 0 26,776.20$ 8,058.24$ 18,717.96$ General ACH Services 0 -$ 48 13.0000$ 624.00$ 13.000$ 624.00$ -$ 72,648 0.0550$ 3,995.64$ 0.055$ 3,995.64$ -$ 23,376 0.0550$ 1,285.68$ 0.055$ 1,285.68$ -$ 62,028 0.0550$ 3,411.54$ 0.055$ 3,411.54$ -$ 12,960 0.0550$ 712.80$ 0.055$ 712.80$ -$ Proposed One Year Extension with BOA Service Description Proposed Agreement Current Depository Services FDIC Deposit Insurance - Bank Assessment ACH CONSUMER OFF US DEBITS ACH CONSUMER ON US DEBITS ACH CONSUMER OFF US CREDITS ACH CONSUMER ON US CREDITS COIN DEPOSIT-STD BAG-VLT CURR/COIN DEP/$100-VLT DEPOSIT CORRECTION-CASH ACH MONTHLY MAINTENANCE STOP PAY MANUAL<=12 MONTHS CURR/COIN DEP/$100-QBD-ND CURR/COIN DEP/$100-BKG CTR COIN DEPOSIT-NON STD BAG-VLT RETURNS-RECLEAR SERVICES RETURNS-ERIN DEPOSIT CORRECTION-NON-CASH DEPOSIT CORRECTION-RDSO GENERAL CHECKS PAID TRUNCATED STOP PAY AUTOMATED<=12 MONTHS IMAGE DEPOSITED ITEMS-ICL CKS DEP UN-ENCODED ITEMS CKS DEP REJECTS CKS DEPOSITED FOREIGN ITEMS RETURNS-CHARGEBACK RETURNS-RECLEAR QBD/NIGHT DROP DEPOSIT VAULT DEPOSIT CHECK DEPOSIT-ICL or RDSO CHECK DEPOSIT-PAPER TRANSMISSION MAINTENANCE CKS DEP PRE-ENCODED ITEMS CREDITS POSTED ELECTRONIC CREDITS POSTED-OTHER DEPOSIT ACCOUNT STATEMENTS DEPOSIT ACCOUNT STATEMENTS PAPER DEPOSIT STATEMENT MAILED BANKING CENTER DEPOSIT ACCOUNT MAINTENANCE ZBA MASTER ACCOUNT MAINT ZBA SUBSIDIARY ACCOUNT MAINT DEBITS POSTED ELECTRONIC DEBITS POSTED-OTHER Page 1 of 3 EXHIBIT II Current Estimated Annual Volume Proposed Price Estimated Annual Service Charge Current Price Estimated Annual Service Charge Increase / (Decrease) Proposed One Year Extension with BOA Service Description Proposed Agreement Current 2,088 0.1800$ 375.84$ 0.180$ 375.84$ -$ 2,088 0.0100$ 20.88$ 0.010$ 20.88$ -$ 12 -$ -$ -$ -$ -$ 1,020 0.0500$ 51.00$ 0.050$ 51.00$ -$ 7,728 0.0500$ 386.40$ 0.050$ 386.40$ -$ 180 1.5000$ 270.00$ 1.500$ 270.00$ -$ 288 10.0000$ 2,880.00$ 10.000$ 2,880.00$ -$ 72 10.0000$ 720.00$ 10.000$ 720.00$ -$ 12 100.0000$ 1,200.00$ 100.000$ 1,200.00$ -$ 12 22.5000$ 270.00$ 22.500$ 270.00$ -$ 12 10.0000$ 120.00$ 10.000$ 120.00$ -$ 24 3.5000$ 84.00$ 3.500$ 84.00$ -$ 168 3.0000$ 504.00$ 3.000$ 504.00$ -$ 276 2.3000$ 634.80$ 1.000$ 276.00$ 358.80$ Total General ACH Services 0 17,546.58$ 17,187.78$ 358.80$ Controlled Disbursement Services 0 -$ 312 0.0300$ 9.36$ -$ -$ 9.36$ Total Controlled Disbursement Services 0 9.36$ -$ 9.36$ Wire Transfer Services 0 -$ 12 -$ -$ -$ -$ -$ 552 6.0000$ 3,312.00$ 6.000$ 3,312.00$ -$ 168 3.0000$ 504.00$ 3.000$ 504.00$ -$ 12 6.0000$ 72.00$ 6.000$ 72.00$ -$ 12 1.6000$ 19.20$ -$ -$ 19.20$ 24 11.0000$ 264.00$ 11.000$ 264.00$ -$ 60 -$ -$ -$ -$ -$ 672 1.5000$ 1,008.00$ 1.500$ 1,008.00$ -$ Total Wire Transfer Services 0 5,179.20$ 5,160.00$ 19.20$ Account Reconciliation Services 0 -$ 12 9.0000$ 108.00$ -$ -$ 108.00$ 21,600 0.0300$ 648.00$ 0.030$ 648.00$ -$ 24 75.0000$ 1,800.00$ 75.000$ 1,800.00$ -$ 24 75.0000$ 1,800.00$ 75.000$ 1,800.00$ -$ 132 2.0000$ 264.00$ -$ -$ 264.00$ 12 -$ -$ -$ -$ -$ 12 30.0000$ 360.00$ 30.000$ 360.00$ -$ 24 40.0000$ 960.00$ 40.000$ 960.00$ -$ 25,560 0.0450$ 1,150.20$ 0.045$ 1,150.20$ -$ 660 -$ -$ -$ -$ -$ 12 7.0000$ 84.00$ 7.000$ 84.00$ -$ 24 30.0000$ 720.00$ 30.000$ 720.00$ -$ 20,376 -$ -$ -$ -$ -$ Total Account Reconciliation Services 0 7,894.20$ 7,522.20$ 372.00$ Information Services 0 -$ 12 -$ -$ -$ -$ -$ 0 10.0000$ -$ 10.000$ -$ -$ 24 5.0000$ 120.00$ 5.000$ 120.00$ -$ GCS TRANSACTION HISTORY GCS TRANSACTION HISTORY CPO PREM PDR ACCOUNT ARP VOID CANCEL ITEMS ARP RECON TRANS END OF CYCLE CPO ARP ONLINE REPORTS ARP OUTPUT PROCESSING PER ITEM ARP MAX DOLLAR MAINT POSITIVE PAY EXCEPTIONS ARP POS PAY RETURN DEFAULT ARP POSITIVE PAY RETURN-OTHER ARP FULL PPAY MAINT-PPR SUPP ARP FULL PPAY INPUT PER ITEM CPO GP CUST MNT TEMP STORAGE PAYEE POSITIVE PAY MAINT PAYEE POSITIVE PAY-ISSUE MATCH ARP STALE DATE MAINT ELEC WIRE OUT-DOMESTIC ELEC WIRE OUT-BOOK DB INCOMING DOMESTIC WIRE CPO GPS RPT/CONFIRMS ELEC WIRE OUT-DOMESTIC REPAIR PH OR STND ORDER TEMP STORE CPO ARP POSITIVE PAY NOTIF CPO GP MTHLY MAINT BASIC DELETE/REVERSAL BATCH/FILE ACH DELETE/REVERSAL ACH BLOCKS AUTH MAINTENANCE ACH NOTIF OF CHANGE (NOC) ACH STANDARD REPORTS-FAX ACH STANDARD RPTS-ELECTRONIC ACH BLOCKS AUTH INSTRUCTIONS ACH DEBIT RECEIVED ITEM ACH CREDIT RECEIVED ITEM ACH RETURN ITEM ACH INPUT-FILE ACH INPUT-ECHANNEL ACH CORPORATE OFF US CREDITS ACH ORIGINATED ADDENDA Page 2 of 3 EXHIBIT II Current Estimated Annual Volume Proposed Price Estimated Annual Service Charge Current Price Estimated Annual Service Charge Increase / (Decrease) Proposed One Year Extension with BOA Service Description Proposed Agreement Current 24 5.0000$ 120.00$ 5.000$ 120.00$ -$ 51,708 0.0400$ 2,068.32$ 0.015$ 770.45$ 1,297.87$ 24,420 0.0400$ 976.80$ 0.014$ 329.67$ 647.13$ 12 -$ -$ -$ -$ -$ 12 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ 144 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ 4,584 -$ -$ -$ -$ -$ Total Information Services 0 3,285.12$ 1,340.12$ 1,945.00$ EDI Services 0 -$ 2,232 0.0400$ 89.28$ 0.060$ 133.92$ (44.64)$ 0 0.0800$ -$ -$ -$ -$ 12 25.0000$ 300.00$ 25.000$ 300.00$ -$ 12 35.0000$ 420.00$ 35.000$ 420.00$ -$ 9,492 0.1000$ 949.20$ 0.100$ 949.20$ -$ 0 0.0500$ -$ 0.050$ -$ -$ 0 0.0250$ -$ 0.025$ -$ -$ Total EDI Services 0 1,758.48$ 1,803.12$ (44.64)$ RDS - Remote Deposit Services 0 -$ 12 25.0000$ 300.00$ 25.000$ 300.00$ -$ 12 25.0000$ 300.00$ 25.000$ 300.00$ -$ 97,584 -$ -$ -$ -$ -$ 2,244 0.1500$ 336.60$ 0.150$ 336.60$ -$ Total RDS - Remote Deposit Services 0 936.60$ 936.60$ -$ Image Services 0 -$ 24 25.0000$ 600.00$ 25.000$ 600.00$ -$ 12 0.2500$ 3.00$ 0.250$ 3.00$ -$ 12 10.0000$ 120.00$ 10.000$ 120.00$ -$ 24,756 0.0200$ 495.12$ 0.020$ 495.12$ -$ 348 0.0200$ 6.96$ -$ -$ 6.96$ Total Image Services 0 1,225.08$ 1,218.12$ 6.96$ Miscellaneous Services 0 -$ 12 30.0000$ 360.00$ 30.000$ 360.00$ -$ Total Miscellaneous Services 360.00$ 360.00$ -$ 0 TOTAL ACTIVITY CHARGES 137,730.30$ 75,195.26$ 62,535.04$ 83.2% CHECK COPY IMAGE RETRIEVAL CD ROM DISK CD ROM PER IMAGE PP IMAGE REQUESTED HIGH VOLUME SCANNER MAINT RDSOL-ITEM STORAGE REMOTE DEP CK IMAGE PROCESSING CD ROM MAINTENANCE CPC REC INVOICE VOLUME CPC REC INVOICE VOLUME CPC REC INVOICE VOLUME REMOTE DEP-ACCOUNT MAINTENANCE IMAGE DEPOSITED ITEMS-RDSO IRD DEPOSITED ITEMS-RDSO EDI REPORT PER ACCOUNT CPC REC CASHPRO MONTHLY MAINT CPO ONLINE SUBSCRIPTION CPO PREM IR MAINTENANCE CPO PER IMAGE ACCESS CPO PER IMAGE ACCESS CPO PREM RESEARCH ITEM CPO PREM RESEARCH ITEM CPO PREM CDR ACCOUNT CPO PREM PDR ITM STORED 12 MTH CPO PREM CDR ITEM Page 3 of 3 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1700 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Approve contract (blanket purchase order) for tree removal services to O'Neil's LLC, dba O'Neil's Tree Service, in the annual amount of $125,000 (Invitation to Bid 50-15), and two, one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) SUMMARY: Staff is requesting a blanket purchase order be issued to O’Neil's LLC, dba O'Neil's Tree Services (O'Neil's) to provide tree removal, palm removal, and stump grinding services for Fiscal Year 15/16. Invitation to Bid 50-15 was issued and seven bids were received. Of the seven bidders, O’Neil's was the second lowest bidder. The lowest bidder, Pinellas Tree Services, was deemed non-responsive to this bid when they failed to respond to questions from the Purchasing Manager. Pinellas' bid was abnormally low in comparison to the other bids and they neglected to respond to multiple requests for clarity and confirmation regarding their bid numbers. O’Neil's has worked for the City in the past and has an exceptional record of performance and very responsive to city needs and their turnaround time to complete projects is very good. O’Neil's is familiar with all rules, regulations and standards required by the City of Clearwater. APPROPRIATION CODE AND AMOUNT: Funding for the Blanket Purchase Order will come from cost code 010-01874-550300-549-000, Urban Forestry Team Operating Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1701 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Certus Builders of Tampa, Florida, in the amount of $598,210.00 for the renovation and construction of a press box/restroom building at Eddie C. Moore Fields 8 and 9, located adjacent to and west of Eisenhower Elementary School, and authorize the appropriate officials to execute same. (consent) SUMMARY: This project will provide for the renovations to the existing restroom concession building at Eddie C. Moore Fields 8 and 9 and the construction of a second story which will provide for two press box areas and meeting room space. The first story will be renovated to include upgraded and improved restroom facilities which will increase the amount of water closets in the women’s restroom from three to seven, provide for a new companion restroom facility; and interior training room space. This project will help support current programming efforts at the facility as well as allow the City to attract additional national and, as well as international, tournaments to the complex; meeting the growing needs of the softball community and the City's sports tourism efforts. In addition to this contract and as part of the overall project, new stadium bleachers and technology upgrades will be made to support social media as well as live broadcasting of games. This project was identified several years ago and is part of the approved Capital Improvement Program. On June 6, 2013, the Council approved Construction Manager at Risk Services (CMR) for continuing contracts with several construction contractors including Certus Builders Certus Builders was selected under the Request for Qualifications process based on qualifications, experience on similar projects, staff experience and availability, and knowledge of city standards. Certus Builders has been the selected low bidder on many past city projects including the restroom/concession building at Joe DiMaggio, Restrooms at Pier 60 and most recently the new press box at Joe DiMaggio Sports Complex. Request to award contract to an at risk contractor is due to the very tight time schedule needed to complete the project prior to the USF series and the new Michelle Smith Invitational Tournament beginning in February. Construction will begin October 5 and be completed by February 16, 2016. This item supports the City Strategic Vision by providing quality facilities that meet the needs of the citizens of Clearwater and provides for more opportunities to promote sports tourism. Page 1 City of Clearwater Printed on 9/30/2015 File Number: ID#15-1701 APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Project 315-93651, E. C. Moore Fields 8 and 9 Renovations. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1702 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve a one-year Agreement with Juvenile Welfare Board and the City of Clearwater for funding of youth programs, including an increase in 0.6 Full Time Equivalent (FTE) to conduct the program, approve a first quarter budget amendment of $345,924 into 181-99872, and authorize the appropriate officials to execute same. (consent) SUMMARY: Since 2000, the City has received funding from JWB Children’s Services Council to provide after school and summer programming for youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 15-16 from Juvenile Welfare Board. The budget is based on a current average of 100 children participating in the program on a daily basis. In Fiscal Year 14-15, the City was awarded up to $402,442 based on youth attendance. In June 2015, the City Resource Committee approved the grant application, which included an additional 0.6 FTE needed to operate the program. All associated salary and benefit expenses will be paid for by the grant. “Charting a Course for Youth” is a program developed to nurture youngsters at the Clearwater neighborhoods in which youth need the most direction. The program leaders have developed a safe haven for community youth ages 6-17 at Ross Norton and North Greenwood Recreation Complexes. The program is designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to encourage healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. Academic enrichment curriculum is also included in the program. There is no requirement to continue the program when the grant ends. This item supports the City's Strategic Plan by partnering with other public organizations to be more efficient in providing services and programs to the youth of our community. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 File Number: ID#15-1702 N/A Page 2 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1703 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Review and approve the proposed sculpture collection for Sculpture360: Season VII - Art in the Cleveland Street District. (consent) SUMMARY: “Sculpture360 - Art in the Cleveland Street District” is a temporary exhibition of outdoor public artwork intended to bring high-quality, iconic, and vibrant artwork to downtown Clearwater. This agenda item is presented in accordance with actions taken during the April 15, 2009 City Council meeting in which the Council requested that all installations of artwork of public property be subject to Council review. The following collection of sculptures is recommended in full for temporary exhibition as part of the Public Art and Design Program’s ‘Sculpture360: Art in the Cleveland Street District: Season VII’. The sculptures were chosen by a Selection Panel, appointed by the Public Art and Design Board (PADB) in accordance with the Public Art and Design Program Guidelines. The PADB subsequently reviewed and approved this collection. The sculptures are slated for installation starting the week of October 5 and will remain on exhibition through April 2017. The Selection Panel consisted of individuals representing specified interests and expertise were as follows: Neale Stralow (Chair), architect/artist representative, Public Art and Design Board Anne Fogarty-France, Economic Development representative Felicia Donnelly, Parks and Recreation representative Jack Mortimer, Downtown Neighborhood representative An open Call to Artists was issued detailing the scope of the project. The Call to Artists resulted in approximately 79 responses of qualified artists with various works proposed for temporary loan. The Selection Panel selected the artwork of three finalists (Craig Berube-Gray, Claudia Jane Klein, and Hanna Jubran). All three finalists have confirmed interest in participating; two are full-time residents of Florida. The Public Art and Design Board has approved an allocation of $9,000.00 from the Public Art and Design Program Discretionary Fund (325-93608) for the purpose of funding the project budget for Sculpture360: Season VII. Funds will be utilized for artist honoraria and equipment, materials, and personnel necessary for installing and removing the sculpture under the terms of the exhibition. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 325-93608, Public Art and Design Program Discretionary Page 1 City of Clearwater Printed on 9/30/2015 File Number: ID#15-1703 Fund to fund this project. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1705 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Award a construction contract to Adkins Contracting, Inc., of Ruskin, FL, for the 2015 Underdrain Project (15-0022-EN) in the amount of $1,195,854.00 based on unit prices for the initial one-year term with an option for one two-year term extension; and authorize the appropriate officials to execute same. (consent) SUMMARY: The intent of this project is for the removal and replacement of approximately 12,000 linear feet of existing underdrain, installation of 3,000 linear feet of new underdrain and all associated incidental work. This contract is to be awarded on a unit price basis for all labor, materials, equipment and tools necessary. The City reserves the option to extend the contract for one 2-year term in an amount not to exceed $597,927.00. APPROPRIATION CODE AND AMOUNT: 0315-96124-563700-539-000-0000 $589,006.00 0315-92339-563700-541-000-0000 $ 8,921.00 Funds are available in Capital Improvement Program (CIP) projects in amounts of $589,006 in 0315-96124, Storm Pipe System Improvements, and $8,921 in 0315-92339, New Sidewalks, in Fiscal Year 2016. Fiscal Year 2017 funding will be included in recommended CIP budgets from the Director in the amount of $597,927. Page 1 City of Clearwater Printed on 9/30/2015 ITEM NO. 1 Mobilization EA 15 1,150.00$ $ 17,250.00 6,300.00$ $ 94,500.00 2 Maintenance of Traffic, 2 Lane 2 Way EA 10 950.00$ $ 9,500.00 1,000.00$ $ 10,000.00 3 Maintenance of Traffic - Multi Lane EA 5 1,150.00$ $ 5,750.00 1,200.00$ $ 6,000.00 4 Sediment & Erosion Control EA 15 860.00$ $ 12,900.00 500.00$ $ 7,500.00 5 Portable Project Sign EA 2 400.00$ $ 800.00 750.00$ $ 1,500.00 6 Root Pruning LF 500 7.00$ $ 3,500.00 5.00$ $ 2,500.00 7 Tree Barricades LF 500 2.00$ $ 1,000.00 3.50$ $ 1,750.00 8 Remove Existing Underdrain LF 8,000 2.78$ $ 22,240.00 4.00$ $ 32,000.00 9 Remove Existing Concrete Sidewalk, 4"SF 1,500 3.00$ $ 4,500.00 0.30$ $ 450.00 10 Remove Existing Concrete Driveway, 6"SF 10,000 2.40$ $ 24,000.00 0.30$ $ 3,000.00 11 Remove Existing Asphalt SY 500 20.00$ $ 10,000.00 2.50$ $ 1,250.00 12 Core Existing Storm Inlet EA 25 420.00$ $ 10,500.00 460.00$ $ 11,500.00 13 Concrete Driveway, 6" SF 10,000 5.50$ $ 55,000.00 5.00$ $ 50,000.00 14 Concrete Sidewalk, 4"SF 1,000 4.30$ $ 4,300.00 3.65$ $ 3,650.00 15 FDOT Underdrain Inspection Box, Index 245 EA 2 1,000.00$ $ 2,000.00 2,000.00$ $ 4,000.00 16 8" Underdrain LF 8,000 29.69$ $ 237,520.00 70.00$ $ 560,000.00 17 8" Clean Out EA 20 250.00$ $ 5,000.00 264.00$ $ 5,280.00 18 8" Solid PVC Storm Pipe LF 1,500 15.00$ $ 22,500.00 17.00$ $ 25,500.00 19 Type I Curb (remove and replace)LF 200 35.00$ $ 7,000.00 38.00$ $ 7,600.00 20 Modified Curb (remove and replace)LF 100 43.00$ $ 4,300.00 32.00$ $ 3,200.00 21 Valley Gutter Curb (remove and replace)LF 100 52.00$ $ 5,200.00 35.00$ $ 3,500.00 22 Swale Curb, 2' wide, (bid includes adjacent asphalt)LF 100 81.00$ $ 8,100.00 85.00$ $ 8,500.00 23 Swale Curb, Valley Gutter, Index 107, (bid includes adjacent asphalt)LF 100 81.00$ $ 8,100.00 82.00$ $ 8,200.00 24 Asphalt 1-1/2" thick PC III SY 500 35.00$ $ 17,500.00 35.00$ $ 17,500.00 25 10" Thick Crushed Concrete Road Base SY 500 31.00$ $ 15,500.00 25.00$ $ 12,500.00 26 Sod Replacement (Bahia)SF 10,000 0.75$ $ 7,500.00 1.50$ $ 15,000.00 27 Sod Replacement (St. Augustine)SF 10,000 0.90$ $ 9,000.00 1.75$ $ 17,500.00 28 Grout Fill Existing Pipe CY 10 500.00$ $ 5,000.00 650.00$ $ 6,500.00 Subtotal Underdrain $ 535,460.00 $ 920,380.00 29 10% Contingency Underdrain LS 1 53,546.00$ $ 53,546.00 92,038.00$ $ 92,038.00 Total Underdrain (Items 1-29) $ 589,006.00 $ 1,012,418.00 30 ADA Sidewalk Ramp, 4" concrete EA 10 811.00$ $ 8,110.00 1,250.00$ $ 12,500.00 Subtotal Sidewalks $ 8,110.00 $ 12,500.00 31 10% Contingency New Sidewalks LS 1 811.00$ $ 811.00 1,250.00$ $ 1,250.00 Total New Sidewalks (Items 30-31) $ 8,921.00 $ 13,750.00 Subtotal (Subtotal Underdrain + Subtotal Sidewalks) $ 543,570.00 $ 932,880.00 Total Contingency (10%) $ 54,357.00 $ 93,288.00 Bidder’s Grand Total (Subtotal + Total Contingency) $ 597,927.00 $ 1,026,168.00 peach cells denote ommissions in the bidder's submittal Bid Tabulations are not public until 30 days after bid opening or upon award, whichever occurs first. (FL Statutes 119.071) UNDERDRAIN NEW SIDEWALKS UNIT PRICE TOTALDESCRIPTIONUNIT BID OPENING DATE: August 25, 2015 at 2:00 p.m. AWARD DATE: September 17, 2015 UNIT QTY UNIT PRICE TOTAL Adkins Contracting, Inc. 3516 Gulf City Road Ruskin, FL 33570 Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa, FL 33610 PROJECT NAME & #:2015 UNDERDRAIN PROJECT (PROJECT No. 15-0022-EN) SectionV.docx Page i 11/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: PUBLIC CONSTRUCTION BOND ....................................................................................................... 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 SectionV.docx Page 1 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Adkins Contracting, Inc. 3516 Gulf City Road Ruskin, FL 33570 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: 2015 UNDERDRAIN PROJECT PROJECT NO.: 15-0022-EN PROJECT DESCRIPTION: An annual maintenance contract for the removal and replacement of 12,000 linear feet of existing underdrain, installation of 3,000 linear feet of new underdrain, and all associated and incidental work. BY THIS BOND, We, Adkins Contracting, Inc., as Contractor, and ___________________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $597,927.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated ______________________, between Contractor and Owner for construction of 2015 UNDERDRAIN PROJECT, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and SectionV.docx Page 2 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligatio n under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). ADKINS CONTRACTING, INC. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) ____________________________________ (Corporate Surety) By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) SectionV.docx Page 3 of 17 11/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Adkins Contracting, Inc., of the City of Ruskin, County of Hillsborough, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2015 UNDERDRAIN PROJECT PROJECT NO.: 15-0022-EN in the amount of $597,927.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). SectionV.docx Page 4 of 17 11/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race , sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furni sh an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 5 of 17 11/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 17 11/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) ADKINS CONTRACTING, INC. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation.) SectionV.docx Page 7 of 17 11/25/2014 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2015 UNDERDRAIN PROJECT Engineering Department PROJECT NO.: 15-0022-EN 100 S. Myrtle Ave. CONTRACT DATE: __________ Clearwater, FL 33756 BOND NO. : __________, recorded in O.R. Book ____, Page ____, of the Public Records of Pinellas County, Florida. CONTRACTOR: Adkins Contracting, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: ___________________________________ ___________________________________ ___________________________________ ,SURETY, on bond of Adkins Contracting, Inc. 3516 Gulf City Road Ruskin, FL 33570 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of _________, _____. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1707 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Award a construction contract to Steve’s Excavating and Paving Inc. of Clearwater, Florida, in the amount of $393,114.04, for Berkley Place Drainage Improvements Project (14-0037-EN) which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: The scope of Berkley Place Drainage Improvements Project is to upgrade the undersized stormwater collection system along Berkley Place and add additional stormwater collection system along the eastern portion of Arlington Place and Hemerick Place. Construction of this project includes the installation of approximately of 400 LF of reinforced concrete pipe varies in sizes (15 in., 18 in., and 24 in.) with nine curb inlets and one stormwater manhole. The condition of the existing pavement located within the project limits is poor with observed cracks. As part of this project, the existing base and existing asphalt pavement of the entire roadway’s width will be replaced with new base and new asphalt. Construction duration is 90 calendar days with an anticipated start in mid October 2015 and completion by mid January 2016. The new stormwater system will be maintained by the Stormwater Maintenance Division. APPROPRIATION CODE AND AMOUNT: 0315-96173-563700-539-000-0000 $335,512.54 0327-96665-563800-535-000-0000 $ 37,345.00 0327-96741-563800-533-000-0000 $ 20,256.50 Sufficient funding is available in Capital Improvement Program project in the amount of $335,512.54 from 0315-96173, Alligator Creek Watershed Projects and Utility Renewal and Replacement Projects in amounts of $37,345.00 from 0327-96665, Sanitary Sewer R&R, and $20,256.50 from 0327-96741, System Rand R - Capitalized for total funding in the amount of $393,114.04 to fund the construction contract. Page 1 City of Clearwater Printed on 9/30/2015 ITEM NO. UNIT QTY UNIT STORMWATER 100 GENERAL 101 Mobilization 1 LS 55,000.00$ $ 55,000.00 58,500.00$ $ 58,500.00 102 Maintenance of Traffic 1 LS 10,000.00$ $ 10,000.00 6,660.00$ $ 6,660.00 103 Clearing & Grubbing 1 LS 45,500.00$ $ 45,500.00 9,970.00$ $ 9,970.00 104 Removal & Replacement of Unsuitable Material (As needed)115 CY 25.00$ $ 2,875.00 35.00$ $ 4,025.00 105 Project Sign 2 EA 900.00$ $ 1,800.00 975.00$ $ 1,950.00 Subtotal General $ 115,175.00 $ 81,105.00 200 SURFACE RESTORATION 201 2" Asphaltic Concrete Structural Course Type S-III 174 TN 138.00$ $ 24,012.00 138.00$ $ 24,012.00 202 8" Roadway Base (LBR 100) 1,636 SY 20.00$ $ 32,720.00 14.75$ $ 24,131.00 203 12" Stabilized Subgrade (LBR-40) 1,636 SY 12.00$ $ 19,632.00 13.10$ $ 21,431.60 204 Valley Gutter Curb (City Index 101)1,160 LF 21.00$ $ 24,360.00 17.00$ $ 19,720.00 205 Straight Curb (City Index 101)90 LF 33.00$ $ 2,970.00 45.00$ $ 4,050.00 206 Type 1 Curb (City Index 101)30 LF 37.00$ $ 1,110.00 45.00$ $ 1,350.00 207 4" Concrete Sidewalk 932 SF 4.50$ $ 4,194.00 7.25$ $ 6,757.00 208 Pedestrian Ramp Detectable Warning 2 EA 1,300.00$ $ 2,600.00 1,765.00$ $ 3,530.00 209 Driveway Restoration (In Kind)186 SY 54.00$ $ 10,044.00 70.00$ $ 13,020.00 210 Sodding 1 LS 15,000.00$ $ 15,000.00 11,870.00$ $ 11,870.00 Subtotal Surface Restoration $ 136,642.00 $ 129,871.60 300 MISCELLANEOUS 301 Root Pruning 1 LS 3,500.00$ $ 3,500.00 4,150.00$ $ 4,150.00 302 Tree Removal 1 EA 2,500.00$ $ 2,500.00 1,270.00$ $ 1,270.00 Subtotal Miscellaneous $ 6,000.00 $ 5,420.00 400 STORM SEWER 401 15" RCP 272 LF 150.00$ $ 40,800.00 81.90$ $ 22,276.80 402 14" x 23" ERCP 28 LF 180.00$ $ 5,040.00 122.00$ $ 3,416.00 403 18" RCP 52 LF 160.00$ $ 8,320.00 114.00$ $ 5,928.00 404 24" RCP 52 LF 186.00$ $ 9,672.00 122.00$ $ 6,344.00 405 Type C Single Wing Inlet for Valley Curb 6 EA 8,500.00$ $ 51,000.00 4,860.00$ $ 29,160.00 406 Type C Single Wing Inlet 5'-4" Box for Valley Curb 1 EA 9,000.00$ $ 9,000.00 4,985.00$ $ 4,985.00 407 Type C Double Wing Inlet for Valley Curb 1 EA 9,500.00$ $ 9,500.00 5,580.00$ $ 5,580.00 Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa, FL 33610 Steve's Excavating and Paving, Inc. 1741 North Keene Rd. Clearwater, FL 34697 PROJECT NAME & #: BERKLEY PLACE DRAINAGE IMPROVEMENTS (14-0037-EN) BID OPENING DATE: September 1, 2015 at 1:30 p.m. AWARD DATE: October 1, 2015 UNIT PRICE TOTALDESCRIPTIONUNIT PRICE TOTAL Kamminga & Roodvoets, Inc. 5219 Cone Road Tampa, FL 33610 Steve's Excavating and Paving, Inc. 1741 North Keene Rd. Clearwater, FL 34697 PROJECT NAME & #: BERKLEY PLACE DRAINAGE IMPROVEMENTS (14-0037-EN) BID OPENING DATE: September 1, 2015 at 1:30 p.m. AWARD DATE: October 1, 2015 408 Type F Single Wing Inlet 5'-4" Box for Straight Curb 1 EA 9,500.00$ $ 9,500.00 5,580.00$ $ 5,580.00 409 Precast Storm Sewer Manhole (4' dia.)1 EA 5,000.00$ $ 5,000.00 3,070.00$ $ 3,070.00 410 Plug & Fill Existing Storm Pipes (Flowable Fill)7 CY 500.00$ $ 3,500.00 325.00$ $ 2,275.00 Subtotal Storm Sewer $ 151,332.00 $ 88,614.80 Subtotal Stormwater $ 409,149.00 $ 305,011.40 411 Stormwater Contingency 10%1 LS 40,914.90$ $ 40,914.90 30,501.14$ $ 30,501.14 Total Stormwater $ 450,063.90 $ 335,512.54 UTILITIES WATER 500 POTABLE WATER 501 6" DI WM (RJ) Vert. Offset Assembly 1 LS 9,200.00$ $ 9,200.00 5,680.00$ $ 5,680.00 502 6" DI WM (RJ) Horiz. Offset Assembly & 6" Gate Valve 1 LS 6,700.00$ $ 6,700.00 5,875.00$ $ 5,875.00 503 3/4" Service Connection (As needed)4 EA 300.00$ $ 1,200.00 1,330.00$ $ 5,320.00 504 Relocate Existing 3/4" Meter (As needed)4 EA 225.00$ $ 900.00 385.00$ $ 1,540.00 Subtotal Potable Water $ 18,000.00 $ 18,415.00 505 Potable Water Contingency 10%1 LS 1,800.00$ $ 1,800.00 1,841.50$ $ 1,841.50 Total Potable Water $ 19,800.00 $ 20,256.50 SEWER 600 SANITARY SEWER 601 Sanitary Lateral Service Assembly 6 EA 800.00$ $ 4,800.00 2,950.00$ $ 17,700.00 602 F&I Sanitary Cleanout (As Needed)14 EA 350.00$ $ 4,900.00 895.00$ $ 12,530.00 603 8" PVC Sanitary Sewer 60 LF 80.00$ $ 4,800.00 62.00$ $ 3,720.00 Subtotal Sanitary Sewer $ 14,500.00 $ 33,950.00 604 Sanitary Sewer Contingency 10%1 LS 1,450.00$ $ 1,450.00 3,395.00$ $ 3,395.00 Total Sanitary Sewer $ 15,950.00 $ 37,345.00 Subtotal Utilities $ 32,500.00 $ 52,365.00 Utilities Contingency 1 LS 3,250.00$ $ 3,250.00 5,236.50$ $ 5,236.50 Total Utilities $ 35,750.00 $ 57,601.50 Subtotal $ 441,649.00 $ 357,376.40 Total Contingency $ 44,164.90 $ 35,737.64 Bidder’s Grand Total $ 485,813.90 $ 393,114.04 Peach cells denote mathematical corrections or omissions on bidder's submittal Bid Tabulations are not public until 30 days after bid opening or upon award, whichever occurs first. (FL Statutes 119.071) SectionV.docx Page i 11/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: PUBLIC CONSTRUCTION BOND ....................................................................................................... 2 CONTRACT .............................................................................................................................................. 4 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 8 PROPOSAL/BID BOND .......................................................................................................................... 9 AFFIDAVIT ............................................................................................................................................ 10 NON COLLUSION AFFIDAVIT ......................................................................................................... 11 PROPOSAL ............................................................................................................................................. 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 15 BIDDER’S PROPOSAL ......................................................................................................................... 16 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 18 SectionV.docx Page 2 of 18 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Steve’s Excavating & Paving, Inc. 1741 North Keene Road Clearwater, FL 33755 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: BERKLEY PLACE DRAINAGE IMPROVEMENTS PROJECT NO.: 14-0037-EN PROJECT DESCRIPTION: Berkley Place Drainage Improvements project is for the construction of improvements to the stormwater collection system along Berkley Place and for the eastern portion of Palmetto Terrace, a residential neighborhood in the Alligator Creek Watershed. The project goal is to lessen local street flooding in the lower elevation portion of that neighborhood, and to divert stormwater runoff away from residential lots. This will be accomplished through the addition of inlets and by replacing undersized pipes with larger capacity storm piping. BY THIS BOND, We, Steve’s Excavating & Paving, Inc., as Contractor, and ___________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $393,114.04, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated ____________________, between Contractor and Owner for construction of BERKLEY PLACE DRAINAGE IMPROVEMENTS, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and SectionV.docx Page 3 of 18 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). STEVE’S EXCAVATING & PAVING, INC. By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) SectionV.docx Page 4 of 18 11/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Steve’s Excavating & Paving, Inc., of the City of Clearwater, County of Pinellas, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: BERKLEY PLACE DRAINAGE IMPROVEMENTS PROJECT NO.: 14-0037-EN in the amount of $393,114.04 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HERE BY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN , AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). SectionV.docx Page 5 of 18 11/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeshi p. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or co mpensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 6 of 18 11/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 7 of 18 11/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) STEVE’S EXCAVATING & PAVING, INC. By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation.) SectionV.docx Page 8 of 18 11/25/2014 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Berkley Place Drainage Improvements Engineering Department PROJECT NO.: 14-0037-EN 100 S. Myrtle Ave. CONTRACT DATE: __________ Clearwater, FL 33756 BOND NO. : __________, recorded in O.R. Book ____, Page ____, of the Public Records of Pinellas County, Florida. CONTRACTOR: Steve’s Excavating & Paving, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: ___________________________________________ ___________________________________________ ___________________________________________ ,SURETY, on bond of Steve’s Excavating & Paving, Inc. 1741 North Keene Rd. Clearwater, FL 33755 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of __________, _____. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): ELLA LOR ENARDCasey WETH ERINGTON EASTWOODNE COACHMANSTAVEST McKINLEY PATRICIAAVEDRST AVEAVEST AVEKERRYGRAHAMNE COACHMANDRFORESTSHARKEY DREAVEGR ANGER TERRACE MARILYN RDSR-590ST RDDR DROAKMOUNT AcornN AVEMAYWOODTERRACENORMAN DRAVECR-528 D E LLAVE DRBELCHER ANNASTKAPPSTDRSUNSHINEDRRANGE PARK CEPHASPALM ETTO DR RDGLENCREEKCR-535LEEVERDEDRCIR OLDW MANORHEMERICKAR LIN GTON PALM ETTOCR-550 RD LOGAN ST CR-501S RDPLBERKLEYPLCANDLERSTRAGLAND WLAGOON LagoonLagoonECirRDALLIGATOR OBERLIN DRLAKECOLLEGERUSKIN RDDRPL ANNA LN AVE RD DRAVE AVEBAYWOODAVEPINEWOODDORA TEAKWOODAVE R DWAYPASSMISTYLOCK DRRDFORESTHILLVARSITY FLINT WIND FARRIERTRAILCOACHMAN DR OLD SR-590T R AILTOP RIDGETRAILOLDCOACH T R AILMAKERSGAPDRCOACHEL TAIRPLATEAUWAYJones RD C O A C H W H IP MIDNIGHTSTDREW MacKenzie Ct SHARKEYRD Carriage Ln Lantern Way EarlhamDr.STAG RUNB LV D LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK TM N.T.S.281A 7-29s-16w9/15/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Document Path: V:\GIS\Engineering\Location M aps\BerkleyLocation.mxd PROJECTSITE ^ Berkley Place DrainageImprovement Project BERKLEY PL HEMERICK PL PALMETTO ST ARLINGTON PL NE COACHMAN RD 811811 831831 901901 810810 8 0 0800 911911 910910 921921 223 3 223 3 223 6 223 6221322132213221322092209221 6 221 6 224 8 224 822422242223 2 223 2 10111011 222 1 222 1 22232223223022302217221722122212224 0 224 0 224822482236223622242224222 5 222 522092209 2254225422292229221 7 221 7 222 4 222 4 222 9 222 9 222 8 222 8 223 2 223 2 222 4 222 422212221 223 7 223 7 10521052 224 8 224 8 221 3 221 3 220 9 220 9 221 4 221 4 Berkley Place Drainage Improvement Project Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK PV N.T.S.281A 7-29s-16w9/3/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Document Path: V:\GIS\Engineering\Location M aps\BerkleyDrainage.m xd Drainage Improvements Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1708 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.14 SUBJECT/RECOMMENDATION: Award a construction contract to Kenny Construction Company, of Northbrook, IL, for the 2015 Stormwater Pipe Lining Project (15-0023-EN) in the amount of $1,614,305.00 based on unit prices for the initial one-year term with an option for one two-year term extension; and authorize the appropriate officials to execute same. (consent) SUMMARY: This is an annual maintenance contract for cleaning, video inspection and reconstruction of stormwater lines by the installation of resin impregnated cured in place pipe (RICIPP) lining at various locations throughout the City of Clearwater. This contract is to be awarded on a unit price basis for all labor, materials, equipment and tools necessary. The City reserves the option to extend the contract for one two-year term in an amount not to exceed $807,152.50. APPROPRIATION CODE AND AMOUNT: 0315-96124-563700-539-000-0000 $807,152.50 Funds are available in Capital Improvement Program project 0315-96124, Storm Pipe System Improvements, in Fiscal Year 2016. Fiscal Year 2017 funding will be included in the Stormwater recommended CIP budget from the Director in the amount of $807,152.50. . Page 1 City of Clearwater Printed on 9/30/2015 ITEM NO. Clean & Inspect 1 Light Cleaning - 15" thru 18"LF 1500 4.00$ $ 6,000.00 6.90$ $ 10,350.00 4.00$ $ 6,000.00 7.00$ $ 10,500.00 1.50$ $ 2,250.00 4.00$ $ 6,000.00 2 Medium Cleaning - 15" thru 18"LF 100 5.00$ $ 500.00 8.30$ $ 830.00 6.75$ $ 675.00 9.00$ $ 900.00 3.00$ $ 300.00 10.00$ $ 1,000.00 3 Heavy Cleaning - 15" thru18"LF 100 6.00$ $ 600.00 9.70$ $ 970.00 9.00$ $ 900.00 12.00$ $ 1,200.00 6.00$ $ 600.00 15.00$ $ 1,500.00 4 Light Cleaning - 21" thru 42"LF 1500 7.00$ $ 10,500.00 9.70$ $ 14,550.00 9.00$ $ 13,500.00 8.00$ $ 12,000.00 3.00$ $ 4,500.00 6.00$ $ 9,000.00 5 Medium Cleaning - 21" thru 42"LF 100 9.00$ $ 900.00 11.10$ $ 1,110.00 11.00$ $ 1,100.00 12.00$ $ 1,200.00 6.00$ $ 600.00 13.00$ $ 1,300.00 6 Heavy Cleaning - 21" thru 42"LF 100 11.00$ $ 1,100.00 12.40$ $ 1,240.00 12.50$ $ 1,250.00 18.00$ $ 1,800.00 12.00$ $ 1,200.00 25.00$ $ 2,500.00 7 Light Cleaning - 48" and larger LF 1200 12.00$ $ 14,400.00 11.10$ $ 13,320.00 18.00$ $ 21,600.00 18.00$ $ 21,600.00 4.00$ $ 4,800.00 8.00$ $ 9,600.00 8 Medium Cleaning - 48" and larger LF 100 16.00$ $ 1,600.00 13.80$ $ 1,380.00 21.00$ $ 2,100.00 35.00$ $ 3,500.00 9.00$ $ 900.00 35.00$ $ 3,500.00 9 Heavy Cleaning - 48" and larger LF 100 18.00$ $ 1,800.00 20.70$ $ 2,070.00 30.00$ $ 3,000.00 55.00$ $ 5,500.00 18.00$ $ 1,800.00 55.00$ $ 5,500.00 10 Specialty Cleaning - Root Removal LF 100 25.00$ $ 2,500.00 13.80$ $ 1,380.00 18.00$ $ 1,800.00 25.00$ $ 2,500.00 12.00$ $ 1,200.00 12.00$ $ 1,200.00 11 Specialty Cleaning - Barnacle Removal LF 100 25.00$ $ 2,500.00 27.60$ $ 2,760.00 38.00$ $ 3,800.00 50.00$ $ 5,000.00 20.00$ $ 2,000.00 38.00$ $ 3,800.00 12 Video Cleaning LF 5000 2.00$ $ 10,000.00 0.30$ $ 1,500.00 3.00$ $ 15,000.00 6.00$ $ 30,000.00 3.50$ $ 17,500.00 2.00$ $ 10,000.00 13 Video RICIPP Installation LF 5000 2.00$ $ 10,000.00 0.10$ $ 500.00 8.00$ $ 40,000.00 6.00$ $ 30,000.00 1.50$ $ 7,500.00 2.00$ $ 10,000.00 Furnish and Install RICIPP Lining 14 Furnish and Install 15" RICIPP Lining (less than 100 LF) (7.5mm)LF 75 75.00$ $ 5,625.00 137.10$ $ 10,282.50 59.00$ $ 4,425.00 220.00$ $ 16,500.00 83.00$ $ 6,225.00 110.00$ $ 8,250.00 15 Furnish and Install 15" RICIPP Lining (100 LF to 400 LF) (7.5mm)LF 500 65.00$ $ 32,500.00 49.60$ $ 24,800.00 37.00$ $ 18,500.00 72.00$ $ 36,000.00 65.00$ $ 32,500.00 77.00$ $ 38,500.00 16 15-inch RICIPP Thickness Variance 1.5 mm LF 100 8.40$ $ 840.00 2.60$ $ 260.00 5.00$ $ 500.00 20.00$ $ 2,000.00 1.50$ $ 150.00 90.00$ $ 9,000.00 17 Furnish and Install 18" RICIPP Lining (less than 100 LF) (9mm)LF 75 120.00$ $ 9,000.00 185.10$ $ 13,882.50 80.00$ $ 6,000.00 220.00$ $ 16,500.00 95.00$ $ 7,125.00 110.00$ $ 8,250.00 18 Furnish and Install 18" RICIPP Lining (100 LF to 400 LF) (9mm)LF 500 105.00$ $ 52,500.00 67.30$ $ 33,650.00 43.00$ $ 21,500.00 85.00$ $ 42,500.00 70.00$ $ 35,000.00 87.00$ $ 43,500.00 19 18-inch RICIPP Thickness Variance 1.5 mm LF 100 5.00$ $ 500.00 2.70$ $ 270.00 5.00$ $ 500.00 20.00$ $ 2,000.00 2.00$ $ 200.00 100.00$ $ 10,000.00 20 Furnish and Install 21" RICIPP Lining (less than 100 LF) (10.5mm)LF 75 165.00$ $ 12,375.00 213.60$ $ 16,020.00 92.00$ $ 6,900.00 220.00$ $ 16,500.00 150.00$ $ 11,250.00 120.00$ $ 9,000.00 21 Furnish and Install 21" RICIPP Lining (100 LF to 400 LF) (10.5mm)LF 500 145.00$ $ 72,500.00 84.00$ $ 42,000.00 50.00$ $ 25,000.00 100.00$ $ 50,000.00 100.00$ $ 50,000.00 97.00$ $ 48,500.00 22 21-inch RICIPP Thickness Variance 1.5 mm LF 100 8.00$ $ 800.00 2.80$ $ 280.00 5.00$ $ 500.00 20.00$ $ 2,000.00 3.00$ $ 300.00 110.00$ $ 11,000.00 23 Furnish and Install 24" RICIPP Lining (less than 100 LF) (10.5mm)LF 75 183.00$ $ 13,725.00 236.60$ $ 17,745.00 100.00$ $ 7,500.00 230.00$ $ 17,250.00 160.00$ $ 12,000.00 135.00$ $ 10,125.00 24 Furnish and Install 24" RICIPP Lining (100 LF to 400 LF) (10.5mm)LF 500 155.00$ $ 77,500.00 94.70$ $ 47,350.00 65.00$ $ 32,500.00 120.00$ $ 60,000.00 105.00$ $ 52,500.00 107.00$ $ 53,500.00 25 24-inch RICIPP Thickness Variance 1.5 mm LF 100 11.00$ $ 1,100.00 4.20$ $ 420.00 5.00$ $ 500.00 20.00$ $ 2,000.00 5.00$ $ 500.00 120.00$ $ 12,000.00 26 Furnish and Install 30" RICIPP Lining (less than 100 LF) (12mm)LF 75 245.00$ $ 18,375.00 288.30$ $ 21,622.50 125.00$ $ 9,375.00 250.00$ $ 18,750.00 185.00$ $ 13,875.00 185.00$ $ 13,875.00 27 Furnish and Install 30" RICIPP Lining (100 LF to 400 LF) (12mm)LF 500 180.00$ $ 90,000.00 124.00$ $ 62,000.00 80.00$ $ 40,000.00 145.00$ $ 72,500.00 130.00$ $ 65,000.00 137.00$ $ 68,500.00 28 30-inch RICIPP Thickness Variance 1.5 mm LF 100 10.50$ $ 1,050.00 5.20$ $ 520.00 5.00$ $ 500.00 20.00$ $ 2,000.00 6.00$ $ 600.00 150.00$ $ 15,000.00 29 Furnish and Install 36" RICIPP Lining (less than 100 LF) (15mm)LF 75 320.00$ $ 24,000.00 371.20$ $ 27,840.00 167.00$ $ 12,525.00 300.00$ $ 22,500.00 225.00$ $ 16,875.00 265.00$ $ 19,875.00 30 Furnish and Install 36" RICIPP Lining (100 LF to 400 LF) (15mm)LF 500 280.00$ $ 140,000.00 169.80$ $ 84,900.00 118.00$ $ 59,000.00 180.00$ $ 90,000.00 160.00$ $ 80,000.00 177.00$ $ 88,500.00 31 36-inch RICIPP Thickness Variance 1.5 mm LF 100 11.00$ $ 1,100.00 6.90$ $ 690.00 5.00$ $ 500.00 20.00$ $ 2,000.00 7.00$ $ 700.00 195.00$ $ 19,500.00 PROJECT NAME & #: 2015 STORMWATER PIPE LINING PROJECT (PROJECT No. 15-0023-EN) BID OPENING DATE: August 25, 2015 at 1:30 p.m. AWARD DATE: September 17, 2015 TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL Lanzo Lining Services, Inc. 125 SE 5th Court Deerfield Beach, FL 33441 Layne Inliner, LLC 4520 North S.R. 37 Orleans, IN 47452 VacVision Environmental, LLC 10200 US Hwy. 92 East Tampa, FL 33610 Evans Contracting Services, Inc. 320 Foxtail Ave. Middleburg, FL 32068 Insituform Technologies, Inc. 17988 Edison Avenue Chesterfield, MO 63005 Kenny Construction Company 2215 Sanders Road, Suite 400 Northbrook, Illinois 60062 UNIT PRICE TOTAL UNIT PRICE TOTALDESCRIPTIONUNIT UNIT QTY UNIT PRICE TOTAL UNIT PRICE Page 1 of 2 PROJECT NAME & #: 2015 STORMWATER PIPE LINING PROJECT (PROJECT No. 15-0023-EN) BID OPENING DATE: August 25, 2015 at 1:30 p.m. AWARD DATE: September 17, 2015 Lanzo Lining Services, Inc. 125 SE 5th Court Deerfield Beach, FL 33441 Layne Inliner, LLC 4520 North S.R. 37 Orleans, IN 47452 VacVision Environmental, LLC 10200 US Hwy. 92 East Tampa, FL 33610 Evans Contracting Services, Inc. 320 Foxtail Ave. Middleburg, FL 32068 Insituform Technologies, Inc. 17988 Edison Avenue Chesterfield, MO 63005 Kenny Construction Company 2215 Sanders Road, Suite 400 Northbrook, Illinois 60062 32 Furnish and Install 42" RICIPP Lining (less than 100 LF) (16.5mm)LF 75 360.00$ $ 27,000.00 413.90$ $ 31,042.50 205.00$ $ 15,375.00 325.00$ $ 24,375.00 290.00$ $ 21,750.00 310.00$ $ 23,250.00 33 Furnish and Install 42" RICIPP Lining (100 LF to 400 LF) (16.5mm)LF 500 330.00$ $ 165,000.00 206.90$ $ 103,450.00 140.00$ $ 70,000.00 210.00$ $ 105,000.00 210.00$ $ 105,000.00 237.00$ $ 118,500.00 34 42-inch RICIPP Thickness Variance 1.5 mm LF 100 12.00$ $ 1,200.00 8.00$ $ 800.00 5.00$ $ 500.00 20.00$ $ 2,000.00 9.00$ $ 900.00 250.00$ $ 25,000.00 35 Furnish and Install 48" RICIPP Lining (less than 100 LF) (19.5mm)LF 75 432.00$ $ 32,400.00 521.00$ $ 39,075.00 265.00$ $ 19,875.00 375.00$ $ 28,125.00 340.00$ $ 25,500.00 385.00$ $ 28,875.00 36 Furnish and Install 48" RICIPP Lining (100 LF to 400 LF) (19.5mm)LF 400 380.00$ $ 152,000.00 267.00$ $ 106,800.00 188.00$ $ 75,200.00 250.00$ $ 100,000.00 280.00$ $ 112,000.00 317.00$ $ 126,800.00 37 Furnish and Install 48" RICIPP Lining (greater than 400 LF) (19.5mm)LF 500 360.00$ $ 180,000.00 244.00$ $ 122,000.00 175.00$ $ 87,500.00 250.00$ $ 125,000.00 180.00$ $ 90,000.00 277.00$ $ 138,500.00 38 48-inch RICIPP Thickness Variance 1.5 mm LF 100 14.00$ $ 1,400.00 10.80$ $ 1,080.00 5.00$ $ 500.00 20.00$ $ 2,000.00 10.00$ $ 1,000.00 290.00$ $ 29,000.00 39 Chemical Grout Crack/Leak Seal LF 100 75.00$ $ 7,500.00 34.50$ $ 3,450.00 150.00$ $ 15,000.00 80.00$ $ 8,000.00 100.00$ $ 10,000.00 505.00$ $ 50,500.00 40 Furnish and Install 60" RICIPP Lining (less than 100 LF) (28.5mm)LF 100 525.00$ $ 52,500.00 827.00$ $ 82,700.00 425.00$ $ 42,500.00 450.00$ $ 45,000.00 420.00$ $ 42,000.00 590.00$ $ 59,000.00 41 Furnish and Install 60" RICIPP Lining (100 LF to 400 LF) (28.5mm)LF 100 500.00$ $ 50,000.00 452.70$ $ 45,270.00 425.00$ $ 42,500.00 450.00$ $ 45,000.00 420.00$ $ 42,000.00 590.00$ $ 59,000.00 42 60-inch RICIPP Thickness Variance 1.5 mm LF 100 20.00$ $ 2,000.00 12.40$ $ 1,240.00 5.00$ $ 500.00 50.00$ $ 5,000.00 11.00$ $ 1,100.00 620.00$ $ 62,000.00 43 Setup Fee for Installing RICIPP in Easements EA 5 1,500.00$ $ 7,500.00 1,036.40$ $ 5,182.00 1,475.00$ $ 7,375.00 4,000.00$ $ 20,000.00 1,000.00$ $ 5,000.00 2,500.00$ $ 12,500.00 Subtotal (Items 1 thru 43) $ 1,294,390.00 $ 998,582.00 $ 733,775.00 $ 1,106,200.00 $ 886,200.00 $ 1,284,700.00 44 10% Contingency LS 1 $ 129,439.00 $ 99,858.20 $ 73,377.50 $ 110,620.00 $ 88,620.00 $ 128,470.00 BIDDER’S GRAND Total $ 1,423,829.00 $ 1,098,440.20 $ 807,152.50 $ 1,216,820.00 $ 974,820.00 $ 1,413,170.00 Bid Tabulations are not public until 30 days after bid opening or upon award, whichever occurs first. (FL Statutes 119.071) Page 2 of 2 SectionV.docx Page i 11/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: PUBLIC CONSTRUCTION BOND ....................................................................................................... 1 CONTRACT .............................................................................................................................................. 3 CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7 PROPOSAL/BID BOND .......................................................................................................................... 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 17 SectionV.docx Page 1 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Kenny Construction Company 2215 Sanders Road, Suite 400 Northbrook, Illinois 60062 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: 2015 STORMWATER PIPE LINING PROJECT PROJECT NO.: 15-0023-EN PROJECT DESCRIPTION: an annual maintenance contract for all labor, materials, equipment, and tools necessary for the cleaning, video, inspection and point repair or full reconstruction of storm sewer lines by the installation of a resin impregnated cured in place pipe (ricipp) lining at various locations throughout the City of Clearwater. BY THIS BOND, We, Kenny Construction Company, as Contractor, and ________________________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $807,152.50, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _____________________, between Contractor and Owner for construction of 2015 STORMWATER PIPE LINING PROJECT, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and SectionV.docx Page 2 of 17 11/25/2014 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons emplo yed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). KENNY CONSTRUCTION COMPANY By: _____________________________ Title: ____________________________ Print Name: _______________________ WITNESS: WITNESS: _________________________________ _________________________________ Corporate Secretary or Witness Print Name: _______________________ Print Name: _______________________ (affix corporate seal) _____________________________________ (Corporate Surety) By: _____________________________ ATTORNEY-IN-FACT Print Name: _______________________ (affix corporate seal) (Power of Attorney must be attached) SectionV.docx Page 3 of 17 11/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and KENNY CONSTRUCTION COMPANY, an Illinois Corporation authorized to do business in the State of Florida, of the City of Northbrook, County of Cook, and State of Illinois, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2015 STORMWATER PIPE LINING PROJECT PROJECT NO.: 15-0023-EN in the amount of $807,152.50 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed b y the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). SectionV.docx Page 4 of 17 11/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, s ex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 5 of 17 11/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 17 11/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Matthew M. Smith Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) KENNY CONSTRUCTION COMPANY By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation.) SectionV.docx Page 7 of 17 11/25/2014 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2015 STORMWATER PIPE Engineering Department LINING PROJECT 100 S. Myrtle Ave. PROJECT NO.: 15-0023-EN Clearwater, FL 33756 CONTRACT DATE: __________ BOND NO. : __________, recorded in O.R. Book ____, Page ____, of the Public Records of Pinellas County, Florida. CONTRACTOR: Kenny Construction Company Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: ____________________________________________ ____________________________________________ ____________________________________________ ,SURETY, on bond of Kenny Construction Company 2215 Sanders Road, Suite 400 Northbrook, IL 60062 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Department 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ____________, ______. ___________________________________ (Surety) ___________________________________ (Signature of authorized representative) ___________________________________ (Printed name and title) Attest: (Seal): Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1713 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.15 SUBJECT/RECOMMENDATION: Approve a five-year Management Agreement between the City and the Clearwater Regional Chamber of Commerce (CRCC) for the CRCC to provide visitor information services at the Clearwater Beach Visitor Information Center (VIC) for the period of October 1, 2015 through September 30, 2020 at a cost not to exceed $50,000 per year, and authorize the appropriate officials to execute same. (consent) SUMMARY: The VIC, built in 2002, is located adjacent to the Pier 60 playground on Clearwater Beach just west of the Clearwater Beach Municipal Marina. The center is a 15 ft. x 20 ft. air-conditioned concrete block structure of tropical seascape design compatible with existing beach buildings. The Economic Development and Housing Department is the owner of the building. The VIC building will be provided to the operator rent-free and shall be open to serve the public seven days a week excluding specific holidays. The City’s Building and Maintenance Division will maintain the structural integrity of the building. The City released Request for Proposal (RFP) 51-15 on June 3, 2015 seeking an operator/management firm to provide public information services at the Clearwater Beach VIC. The City received two strong proposals from the Clearwater Regional Chamber of Commerce and the Clearwater Beach Chamber of Commerce. The Selection Committee, made up of Robin Sollie, President/CEO of Tampa Bay Beaches Chamber of Commerce; Michele Routh, St. Pete-Clearwater Airport Public Relations Director; Janeche Petrou, Retired Tourism Professional; Joelle Castelli, Director, Public Communications; and Geri Campos Lopez, Director, Economic Development and Housing, met on August 3, 2015 to review both proposals with oral presentations taking place on August 18, 2015. The interview and committee discussions were open to the public and applicant representatives attended these sessions. The Selection Committee unanimously recommended the CRCC as the VIC vendor due to their experience and activity beyond the beach, using all paid, long-tenured staff to run the center, transparent fundraising proposal with no differentiation in advertising pricing between chamber members and non-members, and their relationships/partnerships with the community. Staff then negotiated the Management Agreement including a scope of services summarized below. The CRCC will act as a concierge service, providing quality service and information to the visitors to Clearwater. Information provided will include, but not be limited to, accommodation referrals, restaurant and attraction information, parking and traffic, transportation services, directions and maps, parks and recreation information, water Page 1 City of Clearwater Printed on 9/30/2015 File Number: ID#15-1713 temperatures, weather forecasts, entertainment venues, events in Coachman Park and elsewhere, sporting events, location of human services such as hospitals and pharmacies, City services such as the library, marina, Sailing Center, etc. The center will house rack cards and display space for advertisers. The focus is to promote the center’s advertisers, Clearwater businesses and events of interest in Clearwater first and foremost, then events in and around Pinellas County and Tampa Bay. It is the goal of the City to provide a Beach VIC that is self-sustaining. Therefore, the CRCC will be allowed to sell advertisements and immediate visitor needs and approved sundry items, i.e. maps, event tickets, etc. The CRCC will furnish the City with quarterly reports of activities. Each report is to identify the visitor traffic numbers, computer usage on the part of the visitors and telephone calls taken. The report will also include a list of current advertisers, visitor service trends, visitor requests and concerns, the costs of such service, and commentary on the viability, effectiveness, and trends affecting the VIC. As part of the quarterly reporting requirement, the CRCC will provide a financial summary that details merchandising, advertising sales, and other activities in separate categories. The City may request additional reports if desired to monitor annual objectives and performance. The VIC will maintain a Guest Book/Comment Cards to gather visitor profiles. The center will provide a computer for visitors to check e-mails and other internet usage. The VIC will address visitor complaints and act as a liaison to local businesses to ensure return visitation. In addition, it is the intent of the CRCC to refresh/remodel the BVIC. Staff will work with the CRCC on these improvements to the VIC in Fiscal Year 15-16. In summary, the Chamber has operated the VIC for the past thirteen years, and continuing to do so provides continuity of tourism services already established with the City, the community and Clearwater’s visitors. The CRCC has strong relationships with the City, other Chambers of Commerce, the Tampa CVB, Visit St. Pete Clearwater (Pinellas County Convention and Visitors Bureau), other local welcome centers, and area businesses both involved with and not involved with the VIC. Those relationships enable the CRCC to meet and exceed the needs and expectations of our visitors. Through CRCC’s operation of the VIC, they have increased return visitation by providing quality service and information, they have influenced the length of a visitor’s stay, either during a current trip or in the future, and they have increased tax revenue through the above, all of which provides economic return to the City of Clearwater. Staff recommends approval of the Management Agreement. APPROPRIATION CODE AND AMOUNT: 0010-09216-530300-552-000-0000 - $250,000 over five years/$50,000 per year USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 9/30/2015 [GM15-9216B-025/174364/1]Page 1 of 11 MANAGEMENT AGREEMENT This Agreement is made and entered into this ____ day of __________2015, between the City of Clearwater, hereinafter referred to as the City, P.O. Box 4748, Clearwater, Florida 33758-4748, and Clearwater Regional Chamber of Commerce, Inc., 600 Cleveland Street, Suite #200, Clearwater, Florida 33755, hereinafter referred to as the Agency. WHEREAS, the City desires to provide visitor information services at the Visitor Information Center (“VIC”) adjacent to the Pier 60 Playground on Clearwater Beach; and WHEREAS, the Agency has established programs that provide information services for Clearwater; and WHEREAS, the Agency had the most responsive proposal to RFP #51-15, NOW, THEREFORE, the parties agree as follows: 1. License Terms and Consideration. a) The term of this Agreement shall be for a period of five (5) years (“Initial Term”) commencing on October 1st, 2015 (“Effective Date” or “Commencement Date”) and continuing through September 30th, 2020 (“Termination Date”) unless earlier terminated under the terms of this agreement. This Agreement may be extended for a maximum of three (3) additional one-year periods, under the same terms and conditions by the mutual written agreement of both parties. In consideration of City entering into this Agreement with Agency, Agency covenants with City that Agency shall unequivocally, timely and without reservation, comply with the terms and conditions and meet service level requirements as set out in EXHIBIT “A”. Agency’s failure to timely comply with any of the obligations hereunder during the term of this Agreement shall be deemed a material default resulting in termination of this Agreement as hereinafter set forth. That the City does hereby grant an exclusive revocable license (the “License”) to the Agency to enter upon and occupy the Beach Visitor Information Center, 1 Causeway Blvd., Clearwater, Florida (“BVIC”). Such property shall hereinafter be referred to as the “Licensed Premises” or the “Premises”. This License is not coupled with an interest and this License does not create any property interest in the Agency. b) It is expressly agreed between the parties that this Agreement shall not be assignable to any other person, firm or corporation without the express written consent of the City, which consent may be granted or denied in the sole discretion of the City. [GM15-9216B-025/174364/1]Page 2 of 11 c) The Agency shall not make any structural alterations or modifications or improvements which are part of the Licensed Premises without the written consent of the City, and any such modifications or additions to said property shall become the property of the City upon the termination of this Agreement or, at City’s option, the Agency shall restore the Licensed Premises at Agency’s expense to its original condition at the time of approval of said alteration or modifications. The restrictions of this paragraph shall not apply to maintenance of the Licensed Premises, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the Licensed Premises which cannot be removed without damage thereto. Agency shall have no power or authority to permit mechanics’ or materialmen's liens to be placed upon the Licensed Premises in connection with maintenance, alterations or modifications. Agency shall, within fifteen (15) days after notice from City, discharge any mechanic's liens for materials or labor claimed to have been furnished to the Premises on Agency’s behalf. Not later than the last day of the term Agency shall, at Agency’s expense, remove all of Agency’s personal property and those improvements made by Agency which have not become the property of City, including trade fixtures and the like. All property remaining on the Premises after the last day of the term of this Agreement shall be conclusively deemed abandoned and may be removed by City and Agency shall reimburse City for the cost of such removal. No permanent structure shall be removed from the Premises or materially altered except with written consent of the City and all persons, firms or corporations are expressly called upon to take due notice of the requirements of this Agreement. Notwithstanding the foregoing, the Agency shall be permitted to make certain upgrades to the interior of the premises, which upgrades shall be approved in writing by the City Manager or his designee. d) The City reserves at all times during the term of this Agreement or any extension or renewal thereof the continuing right to utilize any portion of the premises for laying and maintaining utility lines or facilities, including roads, or other necessary rights of way, provided, however, the City shall use its best efforts to adopt such route or routes as will be reasonable and economically feasible to minimize interference with the purposes of this Agreement. 2.Services to be Provided: The Agency shall provide at a minimum the services described in Exhibit A. In addition, operational requirements are detailed in Exhibit A. 3.Area to be Served: Services rendered through this Agreement shall be provided within the limits of the City of Clearwater and shall begin on October 1, 2015. [GM15-9216B-025/174364/1]Page 3 of 11 4.Use of Clearwater Beach Visitor’s Information Center: a) No Illegal Use. The Agency promises and agrees that it will make no unlawful, improper or offensive use of the premises. Further, the Agency understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances. b) Property Use. It is understood between the parties that the real property, which is the subject of this Agreement, will not be used in any manner other than as a Visitor Information Center. c) Rules for Use. Equal opportunity for Chamber members and non- Chamber members will be followed for promotional opportunities and no unfair or dubious transactions shall take place. In addition, the Agency will not directly compete with other local businesses from the premises, other than as to the services to be provided hereunder. Items for sale shall include items for visitors’ immediate needs, such as attraction tickets, and maps. Additional items for sale will be permitted subject to approval by the City. d) Inspection by City. The Agency understands and agrees that the premises may be entered and inspected at any time by the City’s officers, agents and employees. e) General Adherence to City Ordinances and Other Law. The Agency promises to observe all City rules and ordinances. The Agency will comply with the requirements of the Americans With Disabilities Act and all other applicable laws; except, however, the Agency shall not be responsible for any improvements necessary to comply with said laws. 5.Maintenance of the Premises by the Agency. a) Maintenance.The Agency shall maintain the premises in a neat and clean condition, consistent with the condition, as it exists on the effective date of this Agreement. The Agency will maintain the VIC building in good, clean condition, free of debris. Capital and other major maintenance to preserve the structural integrity of the building and building systems such as lights, electrical circuits and air conditioning shall be the responsibility of the City. b) Repair of Damage. The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency’s expense willful damage to the premises. [GM15-9216B-025/174364/1]Page 4 of 11 6.Payment of Fees and Taxes.The Agency shall obtain all required permits and licenses at its own expense. The Agency is a tax-exempt organization. Should the property or activities conducted on the property become subject to taxes, the Agency shall be responsible therefore. 7.Scheduled Reports of Agency Activities: The Agency shall furnish the City’s City Manager and Economic Development and Housing Department with quarterly reports of activities conducted under the provisions of this Agreement. Each report is to identify the number of clients served, the costs of such service, and commentary on the viability, effectiveness, and trends affecting the VIC. As part of the quarterly reporting requirement, the Agency will provide a financial summary that details merchandising, advertising sales, and other revenue and expenditure activities in separate categories. The City may reasonably request additional reports if desired to monitor annual objectives set by the Agency. 8.Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the costs and services as further described in Exhibit A. Funds existing and not used for this purpose at the end of this Agreement term shall be deemed excess to the intended purpose and shall be returned to the City within forty-five (45) days of demand. 9.Creation, Use, Maintenance, and Accounting of Financial Records: a) Creation of Records: The Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. A quarterly activities financial statement will be required as part of the reporting requirements (Section 7 above). b) Use of Records: The Agency shall produce such reports and audits as required by the City to document the proper and prudent stewardship and use of the monies received through this agreement. c) Maintenance of Records: All records created hereby are to be retained and maintained for five (5) years following the termination of this Agreement or as otherwise required by law. d) Accounting: The Agency will maintain separate and segregated accounting records for all Beach Visitors Information Center transactions. These accounting records will be available for inspection by authorized City staff as specified in section 9(a) above. [GM15-9216B-025/174364/1]Page 5 of 11 e)In addition to all other contract requirements as provided by law, the Agency agrees to comply with public records law specifically related to this Agreement, which include: a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service being provided by the Agency hereunder. b. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c. Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are ot disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Agency upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. The Agency hereby acknowledges and agrees that if the Agency does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. 10.Nondiscrimination: The Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. 11.Liability and Indemnification: The Agency shall act as an independent contractor in the performance of this Agreement. The Agency agrees to assume the risks, and hereby indemnifies the City for any and all liabilities arising in the course of providing the services under this Agreement. The Agency agrees to be fully responsible for its own real and personal property, and for its negligence, and the negligence of its employees, volunteers, and agents. This indemnification provision shall survive expiration or termination of this Agreement. [GM15-9216B-025/174364/1]Page 6 of 11 12.Insurance: The Agency shall obtain at its own expense, and maintain during the term of this Agreement, the insurance coverages set forth below: a) Workers’ Compensation and Employers’ Liability – the Agency shall procure and maintain for the life of this Agreement, Workers’ Compensation Insurance covering all Agency employees with limits meeting all applicable state and federal laws. This coverage shall include Employers’ Liability with limits meeting all applicable state and federal laws. b) Comprehensive General Liability Insurance – the Agency shall procure and maintain General Liability Insurance. This coverage shall be on an “occurrence” basis and shall include: Premises and Operations; Independent Contractors; Products and Complete Operations and Contractual Liability. Coverage shall be no more restrictive than the latest edition of the Commercial General Liability policies of the Insurance Services Offices. The minimum limits of coverage shall be $1,000,000 per Occurrence Combined Single Limit for Death, Bodily Injury, Liability and Property Damage Liability and $2,000,000 general aggregate. c) Business Automobile Liability – the Agency shall procure and maintain Business Automobile Liability Insurance on any automobile owned, leased, or operated by, or on behalf of, the Agency. The minimum limits of coverage shall be $1,000,000 per Occurrence Combined Single Limit for Death, Bodily Injury Liability, and Property Damage Liability. This coverage shall be an “Any Auto” type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Policies of the Insurance Services Office. d)Other Requirements: a.The City shall be named as an additional insured in all liability insurance policies required under this Agreement. b.Copies of insurance certificates for all insurance required by the agreement shall be furnished to the City Risk Department prior to use of the property, and copies of all insurance policies covering insurance required by this agreement shall be furnished to the Risk Department upon specific request of the City. c.Insurance policies purchased and issued to the Agency as required by this agreement shall not be suspended, voided, canceled, or modified, except after thirty (30) days prior written notice provided to the City. [GM15-9216B-025/174364/1]Page 7 of 11 13.Grant of Funds. The City shall allocate an annual amount not to exceed $50,000 dollars annually. The City may withhold funds if services are not provided as described in this Agreement, and all allocations are subject to the City’s annual budget approval process. 14.Payments: The funding shall be paid to the Agency on a quarterly basis at the beginning of each quarter. The Agency will then reimburse the City at the end of each quarter out of its net profits, if any, up to the City’s contribution amount. 15.Computers and Other Equipment: The Agency is responsible for the upkeep and maintenance of its computer equipment. The Agency is responsible for providing all other operating equipment including printers, phones, fax machines, etc. The Agency is also responsible for the upkeep of phone and internet connections in the building. The furnishings in the Beach VIC are City property, unless otherwise stipulated in interior renovations plans. 16.Parking: One space within the City’s Marina parking lot will be reserved for Agency staff parking. All other employees will receive parking permits within the City’s Marina lot that must be renewed once a year, or as otherwise applicable under the City Code of Ordinances. 17.Utilities: The City will pay the utilities for the building. 18.Disclaimer of Warranties:This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. 19. TERMINATION a) For Cause: Material failure to adhere to any of the provisions of this Agreement as reasonably determined by the City shall constitute cause for termination. This Agreement may be terminated for cause with 30 days prior written notice without any further obligation by either party, subject to those provisions expressly intended to survive termination or expiration of this Agreement. The Agency shall have an additional 10 days after receipt of written notice to remedy any material failure as determined by the City. b) Notice Without Cause: Either party may terminate this Agreement by giving the other party 90 days written notice. c) Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency but not expended in accordance [GM15-9216B-025/174364/1]Page 8 of 11 with this Agreement shall be returned to the City within forty-five (45) days of demand. d) Bankruptcy: Should the Agency hereinafter be adjudged bankrupt or become insolvent or in any other way be financially unable to fulfill the covenants of this Agreement, the City may at its option, terminate the Agreement, as though for breach of any other covenant. e) Insufficient Funds: In case the City has insufficient funds to run the Beach VIC, and accordingly terminates this Agreement, the Agency shall be released of all obligations hereunder, however, any liabilities accrued before the termination date, or those provisions expressly intended to survive, shall survive termination. 20.MISCELLANEOUS It is agreed that time is of the essence of this Agreement. The failure of any party to exercise any right or power given hereunder, or to insist upon strict compliance by the other party with its obligations as set forth herein, shall not constitute a waiver by such party of its rights to demand strict compliance with the terms and provisions of this Agreement. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement shall be governed by the laws of the State of Florida. 21.NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. a) If to City, addressed to City Manager, City of Clearwater, P.O. Box 4748, Clearwater, Florida, 33758-4748, with copy to the Economic Development and Housing Director. b) If to Agency, addressed to President, Clearwater Regional Chamber of Commerce, 600 Cleveland Street, Suite #200, Clearwater, Florida, 33755. [GM15-9216B-025/174364/1]Page 9 of 11 IN WITNESS WHEREOF, the parties have executed and delivered this Agreement the day and year first above written. Countersigned:CITY OF CLEARWATER, FLORIDA ____________________________________________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form:Attest: ____________________________________________________________ Laura Mahony Rosemarie Call, MPA, CMC Assistant City Attorney City Clerk Clearwater Regional Chamber of Commerce, Inc. By: _____________________________ Carol Hague CEO/President Attest: ________________________________ [GM15-9216B-025/174364/1]Page 10 of 11 EXHIBIT A The Agency shall run an efficient and effective Visitor Information Center and will seek to become self-supporting. Services To Be Offered: Provide exceptional visitor services that meet and exceed the expectations of our visitors. The focus is to promote the center’s advertisers, Clearwater businesses and events of interest in Clearwater first and foremost, then events in and around Pinellas County and Tampa Bay. The VIC will act as a concierge service, providing general information to visitors as requested to ensure an enjoyable visit. Information provided would continue to include, but not be limited to; accommodation referrals, restaurant and attraction information, transportation, traffic and parking services, directions and maps, parks and recreation information, water temperatures, weather forecasts, entertainment venues, events in Coachman Park and elsewhere, sporting events, location of human services such as hospitals and pharmacies, City services such as the library, marina, Sailing Center, etc. VIC staff will provide visitor guides to visitors who are interested in returning in the future. The center will house rack cards and display space for advertisers. Maintain a Guest Book wherein visitors are asked to provide such information as the visitor’s origin (state/country), if it is a first visit, if they flew or drove, related Orlando information, the length of stay, where are they staying and if they already have reservations. The center will provide a computer for visitors to check e-mails and other internet usage. Make comment cards available for the visitors to provide the City with information on the overall stay, things they liked and disliked and additional services the City might provide. The staff will address visitor complaints and acts as a liaison to local businesses. Staff will research what can be done to remedy a situation so as to ensure the visitor is happy and will return. Coordinate with the City of Clearwater Parks and Recreation Department regarding upcoming events. The Agency shall provide its BVIC staff with the tools necessary to allow interpretations/translations from English into as many as 140 languages, during the agreed hours of operation of the BVIC-choice of tool is at the discretion and expense of the Agency; essence of this requirement is to meet the needs of visitors who speak languages other than English. Coordinate with Visit St. Pete/Clearwater on any coordinated marketing efforts. [GM15-9216B-025/174364/1]Page 11 of 11 The Agency shall follow and cooperate as to all of the City’s public and private partnerships. Hours of Operation: The VIC will be open 361 days a year/7 days a week. The VIC will be closed for New Year’s Day, Easter Sunday, Thanksgiving and Christmas Day. The VIC will open daily at 8:30am, but closing hours will depend upon the time of the year and day of the week. The VIC will be open until 6pm February 1st through the Monday of Labor Day weekend. The VIC will be open until 8pm on Fridays and Saturdays from the Friday of Memorial Day weekend through the Saturday of Labor Day weekend. The VIC will be open until 6pm from Tuesday after Labor Day through January 31st. The VIC will adjust the hours of operation beyond the normal hours of operation at the request of the City to meet and exceed the needs of visitors. Staffing: Payroll, scheduling, and maintaining employees will be the responsibility of the Agency. The Agency shall employ a full time Beach VIC Manager and appropriate part-time staff. All persons who work at the center will have proper licenses, permits, and qualifications to perform their duties. Advertising:The Agency will not promote businesses outside of Clearwater and its unincorporated enclaves that are in direct competition with businesses in Clearwater. However, unique attractions outside of the City may be promoted, such as Disney World, Busch Gardens, Sea World, museums, historical tours, etc. The City will have the right to monitor and remove advertisements that it deems, within its reasonable discretion harms local businesses. The City will review this policy on an annual basis to determine if it is still applicable. Any advertising questions should be directed to the Economic Development and Housing Department for approval. Emergency Plan: The Agency, in conjunction with the Economic Development and Housing Department, will develop an Emergency Plan for Hurricane Season, outlining steps to be taken if an evacuation is ordered. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1719 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Office of Managment & Budget Agenda Number: 7.16 SUBJECT/RECOMMENDATION: Approve the Second Amendment to the Interlocal Agreement with Pinellas County to extend the Local Option Fuel Tax Distribution through December 31, 2027 and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing six cent Local Option Fuel Tax (LOFT) is scheduled to sunset December 31, 2017. The Board of County Commissioners has indicated that it will favorably consider extending the authorization for an additional 10 years through December 31, 2027. The Second Amendment to the Interlocal Agreement is drafted by the County Attorney’s Office. This amendment revises the agreement to correspond with the proposed extension of the levy and maintains the current distribution between the County and the municipalities, whereas the County share of the total distribution is 60% and the municipal share is 40%. Prior to 2007, the distribution was 75% County and 25% cities. The City’s LOFT receipts are used to fund transportation expenditures as authorized by Florida Statute 336.025. In the fiscal year 2015/16 budget, we estimate receiving $1,472,080 in LOFT revenues to fund the following capital improvement projects: Bridge Maintenance and Improvements, Traffic Calming Program, City-Wide Intersection Improvements, Signal Renovation, and Intersection Improvements. Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1721 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.17 SUBJECT/RECOMMENDATION: Approve a Second Amendment to the Marina Cantina Restaurant Lease Agreement between Marina Cantina, LLC and the City of Clearwater, amending paragraph 16 to extend the restaurant open date by three months to January 1, 2016, and authorize the appropriate officials to execute same. (consent) SUMMARY: Staff is requesting the City of Clearwater approve a Second Amendment to the Marina Cantina, LLC lease to extend the restaurant opening date to January 1, 2016. The original lease agreement that went into effect October 1, 2012, stated in paragraph 16, “Lessee covenants to complete all contemplated capital improvements, as detailed in Exhibit E, as expeditiously as possible and have the restaurant open soon thereafter or within three (3) years whichever is shorter.” The delay in the opening of the Marina Cantina Restaurant resulted from construction delays caused by improvements that were not originally contemplated in the Lease Agreement. Sections of the foundation were removed to expose the deteriorated conduit lines discovered when attempting to isolate individual utility services. This was necessitated due to electrical shorts/ power drops that were in excess of normal line loss. Waste water leaks were discovered as utility lines were exposed for inspection. The extensive underground utility replacement addresses the time lost by the removal of 40% of the building foundation and running all new utilities (including sewer lines) beneath the building, adding an additional three months to the project. The costs of the repairs are being addressed separately. This item only extends the project completion data by 3 months. APPROPRIATION CODE AND AMOUNT: N/A Page 1 City of Clearwater Printed on 9/30/2015 [GM12-1371-014/173809/1] SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO THE LEASE AGREEMENT DATED September 17, 2012 (the “Amendment”) is entered into on this ___ day of _________, 2015 (the “Effective Date”), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the “Lessor”) and MARINA CANTINA, LLC, a Florida limited liability company (the “Lessee”). WHEREAS, the Lessor and Lessee agree to this Second Amendment to Lease Agreement in order to modify the terms and conditions resulting from a brief construction delay caused by improvements that were not initially contemplated in the Lease Agreement. NOW, THEREFORE, it is mutually agreed as follows: 1.Paragraph 16 is hereby amended as follows: . . . Lessee covenants to complete all contemplated capital improvements, as detailed in Exhibit E, as expeditiously as possible and have the restaurant open soon thereafter or within three (3) years whichever is shorter by January 1, 2016. Otherwise, this shall constitute an Event of Default. 2.All of the terms and conditions of the Lease Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this Lease Agreement. IN WITNESS WHEREOF, this Agreement is executed as of the date first above written. Countersigned:CITY OF CLEARWATER, FLORIDA _______________________________By__________________________________ George N. Cretekos, Mayor William Horne, City Manager Approved as to form:Attest: ___________________________________________________________________ Camilo Soto, Assistant City Attorney Rosemarie Call, City Clerk Marina Cantina, LLC By:________________________________ Frank Chivas, President Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1722 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.18 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 2 to Engineer of Record (EOR), McKim and Creed, Inc., in the amount of $179,825.00 for the Inflow and Infiltration Flow Reduction Project (15-0004-UT); and authorize the appropriate officials to execute same. (consent) SUMMARY: March 19, 2015, City Council approved Work Order Initiation to EOR McKim and Creed Inc., for the Inflow and Infiltration Flow Reduction Project (15-0004-UT) in the amount of $146,200. The initial phase of this project has identified large volumes (+million gallons per day flow rates) of rain water entering the City’s sanitary sewer system via Inflow and/or Infiltration (I/I). Such high I&I flow rates severely challenge the efficient operation of the City’s Water Reclamation Facilities (WRF). August 14, 2015, the City Manager approved Supplemental Work Order 1 in the amount of $14,550 for additional flow monitoring, analysis and reports at additional sites in the East and Marshall Street Water Reclamation Facility sewer service areas. Supplemental Work Order 2 will allow the EOR to relocate and add extra flow sensors, followed by site investigations to exactly locate the points of I/I and generate maintenance work orders for the City to immediately implement. To summarize, the goal of this phase of the project is to “Find and Fix” significant sources of I/I in the Marshall Street WRF and East WRF basins. Total funding for this work order is $340,575. APPROPRIATION CODE AND AMOUNT: 0315-96665-561300-535-000-0000 $179,825 Funds are available in capital improvement program project 0315-96665, Sanitary Sewer R and R, to fund this work order. Page 1 City of Clearwater Printed on 9/30/2015 SUPPLEMENTAL WORK ORDER for the CITY OF CLEARWATER Date:August 31, 2015 M&C Project Number:09920223 City Project Number:15-0004-UT 1.PROJECT TITLE: Inflow & Infiltration Flow Reduction – Phase II (Supplement) 2.SCOPE OF SERVICES: A phased approach to the issues of inflow and infiltration (I/I) to the City’s wastewater collection system has been the primary focus of the initial Work Order for 15-0004-UT. That Work Order includes the completion of two primary Tasks; Task 1 – ‘I/I Analysis’ and Task 2 – ‘Pilot Test Area I/I Source Identification and Abatement’ in the Marshall Street WRF and East WRF sewer service areas. As Task 1 nears completion for each WRF sewer service area it has been identified that additional flow monitoring and I/I investigation activities are necessary in both WRF sewer service areas. The scope of the additional activities includes the installation and maintenance of new flow meters and groundwater gauges at Lift Stations 01, 02, 26, 28, 35, 39 and 45 (Marshall Street WRF) as well as continued flow monitoring and groundwater gauging at Flow Meter Sites M1A, M3A and M3C. The I/I investigation activities include smoke/dye testing, manhole inspections and night flow isolations in both the East WRF and Marshall Street WRF service areas and including the M2G (LS 09), M2F (LS 10), E2A, E3A and E4A flow meter basins. The additional flow monitoring will provide a comprehensive I/I evaluation of the entire Marshall Street WRF wastewater collection system and the I/I investigation activities will increase the scope of the current ‘Pilot Test Area I/I Source Identification and Abatement’ program. The following identifies the proposed work activities. See Attachment “C” for a detail explanation of test methods and documentation provided. Additional Flow Monitoring (Marshall Street WRF) – 10 Flow Meters for 60 Days Additional Rainfall Gauging (Marshall Street WRF) – 2 Gauges for 60 Days Additional Groundwater Gauging (Marshall Street WRF 7 new installs) – 10 for 60 Days Additional I/I Data Analysis and Technical Memorandum Preparation – 1 Lump Sum Smoke Testing Flow Meter Basins E2A, E3A, E4A, M2F and M2G – 148,500 Linear Feet Night Flow Isolations of Flow Meter Basins E3A, E4A, M2F and M2G – 200 Each WO Initiation Form.docx 1 of 11 8/1/2014 Manhole Inspections of Flow Meter Basins E3A, E4A, M2F and M2G – 200 Each Dye Testing/Dye Water Flooding in Flow Meter Basins E2A , E3A, M2F and M2G – 20 Each The current funding level for the Task 2 – ‘Pilot Test Area I/I Source Identification and Abatement’, work effort includes smoke testing of 15,000 LF of gravity sewer, 60 manhole inspections, 60 night flow isolations and 4 dye water tests. The locations of the Task 2 activities was unknown prior to obtaining the June 2015 flow monitoring results, which now allow for recommendation of specific flow meter basins that require additional investigation/testing. 3.PROJECT GOALS: Additional flow monitoring and rainfall amounts tabulated. Additional groundwater level monitoring and effects. Additional Smoke testing and night flow isolations Manhole inspections and dye testing Analysis and Technical memorandum submittal to the City. 4.BUDGET: See Attachment “B” While the original smoke testing, night flow isolation, manhole inspections and dye testing/flooding quantities were initially approximate they have become more definitive based on the June 2015 flow monitoring results. The following identifies the necessary additional funding levels to continue the overall I/I reduction program. o Task 1 Project Management – 1 Lump Sum @ $5,000 = $5,000 o Flow Monitoring (Each) 10 Flow Meters for 60 days @ $3,000 Each = $30,000 o Rainfall Gauging (Each) 2 Gauges for 60 days @ $750 Each = $1,500 o Groundwater Gauging (Each) 10 Gauges for 60 days @ $500 Each = $5,000 o Data Analysis and TM Preparation I/I (Lump Sum) 1 @ $15,800 = $15,800 o Task 2 Project Management – 1 Lump Sum @ $5,000 = $5,000 o Smoke Testing(Linear Foot) 148,500- 15,000 = 133,500 LF @ $0.35 Linear Foot = $46,725 o Dye Testing/Dye Water Flooding (Each) 20 – 4 = 16 @ $750 Each = $12,000 o Manhole Inspections (Each) 200 - 60 = 140 @ $150 Each = $21,000 o Night Flow Isolations (Each) 200 – 60 = 140 @ $95 Each = $13,300 o Data Analysis and TM Preparation Pilot Test Area = $36,750 - $12,250 = $24,500 This price includes all labor and expenses anticipated to be incurred by McKim & Creed for the completion of Phase 2 in accordance with Professional Services Method “B” – Lump Sum – Percentage WO Initiation Form.docx 2 of 11 8/1/2014 of Completion by Task for a fee not to exceed One hundred seventy nine thousand eight hundred twenty five dollars ($179,825.00). 5.SCHEDULE: As this project will include phases not yet scoped and the schedule presented below is based on the completion of only Phase 1 and Phase 2. Phase 1 was originally scheduled to be completed within 210 days from issuance of notice-to-proceed and Phase 2 was to be completed 300 days from initial issuance of notice-to-proceed received for Phase 1. As the flow monitoring period has been extended for an additional 60 days the previously identified milestones will also be extended by 60 days. The project milestones have been modified to be completed as follows: I/I Identification TM November 13, 2015 City Review of I/I TM November 27, 2015 Final I/I TM Submittal December 4, 2015 Smoke Testing December 18, 2015 Dye Testing January 13, 2016 Manhole Inspection January 28, 2016 Night Flow Isolation February 5, 2016 Pilot Area Source Identification/Abatement TM February 26, 2016 City Review of Pilot Area TM March 11, 2016 Final Pilot Test TM Submittal March 25, 2016 Evaluation (Other Basins)TBD R&R Planning and Design TBD 6.STAFF ASSIGNMENT (Consultant): McKim & Creed – Aubrey Haudricourt, Greg Anderson, PE, Kevin Worsham, EI, Sunil Khannal, Jacob Tucker, Delvin Carter and Le’Roy Wilson 7.CORRESPONDENCE/REPORTING PROCEDURES: Engineer’s/Architect’s project correspondence shall be directed to: McKim & Creed – Aubrey Haudricourt, All City project correspondence shall be directed to: Jeff Walker with copies to others as may be appropriate. WO Initiation Form.docx 3 of 11 8/1/2014 8.INVOICING/FUNDING PROCEDURES: Invoices for work performed shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code:0315-96665-561300-535-000-0000 9.INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY:APPROVED BY: __________________________________________________________ A. Street Lee, PE Michael D. Quillen, PE Senior Vice President City Engineer McKim & Creed Inc.City of Clearwater ______________________________________ Date Date Attachment “A” WO Initiation Form.docx 4 of 11 8/1/2014 SUPPLEMENTAL WORK ORDER CITY OF CLEARWATER DELIVERABLES STANDARDS FORMAT: The design plans shall be compiled utilizing one of the following standards: City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting documents when utilizing Consultant’s Standards). 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: A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled “ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic plan copies in PDF and CAD and electronic contract documents in PDF and MS Word. The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings attached, images and graphic files, custom fonts and shapes shall be included in hard copy and electronic copy. Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote. Copies of each Addendum shall be included at the front of the contract and all revisions made during the bid phase shall be incorporated into the Contract Documents. Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word) shall be provided prior to the City Council award date. NOTES: If approved deviation from using Clearwater CAD standards, the consultant shall include all necessary information to aid in manipulating and printing/plotting the drawings. Please address any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at (727) 562-4762 or email address:tom.mahony@myclearwater.com. Attachment “B” WO Initiation Form.docx 5 of 11 8/1/2014 Inflow & Infiltration Flow Reduction McKim & Creed, Inc. SUPPLEMENTAL WORK ORDER PROJECT BUDGET Phase/Task Description Sub- Consultant Services Labor Total Phase 2/1 Modified I/I Analysis Task 1.0 Project Management/Meetings $5,000 $5,000 Task 1.1 Flow Monitoring $30,000 $30,000 Task 1.2 Rainfall Gauging $1,500 $1,500 Task 1.3 Groundwater Gauging $5,000 $5,000 Task 1.4 Data Analysis TM Preparation I/I $15,800 $15,800 $57,300 Phase 2/2 Modified Pilot Area I/I Source Identification and Abatement Task 2.0 Project Management/Meetings $5,000 $5,000 Task 2.1 Smoke Testing $46,725 $46,725 Task 2.2 Dye Testing/Dye Water Flooding $12,000 $12,000 Task 2.3 Manhole Inspections $21,000 $21,000 Task 2.4 Flow Isolations $13,300 $13,300 Task 2.5 Data Analysis TM Preparation Pilot Test $24,500 $24,500 $122,525 Subtotal, Labor and Subcontractors $0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $0 Grand Total $179,825 Attachment “C” WO Initiation Form.docx 6 of 11 8/1/2014 REVIEW PERIOD SUBMITTAL REQUIREMENTS This list is intended as a guideline of the items to be completed at various levels of project completion. The specific list for each project shall be finalized in the work order. I/I Analysis Technical Memorandum Submittal Requirements for the I/I AnalysisTechnical Memorandum submittal shall include the following: a. Cover Sheet, b. Table of Contents, c. Description of Services Completed, d. Results of Services Completed, e. I/I Rankings for Flow Monitoring Basins, f.Identification of the Recommended Source Identification Procedures and ‘Pilot Area’ to Conduct I/I Source Identification. Identification of I/I Sources & Abatement Activities Requirements for the I/I Source Identification & Abatement Activities shall include the following: g. Smoke Testing Forms & Dye Testing Recommendations, h. Dye Testing Forms & Abatement Recommendations, i.Manhole Inspection Forms &Digital Data, j.Night Flow Isolation Forms & CCTV Recommendations, k. Compilation of Smoke Testing/Dye Testing/Manhole Inspection/Night Flow Isolation Results for ‘Pilot Area’ and I/I Source identification and Abatement Activities. Attachment “C” WO Initiation Form.docx 7 of 11 8/1/2014 Smoke Testing 1. Select area to be tested and develop working field maps of the area. 2. Field review the area selected and note on the map all “hundred block” addresses. 3. Distribute smoke notice to all homes, businesses, schools, etc 4. During the initial field review, identify all types of businesses, specifically any doctors offices, hospitals, schools, retirement homes (communities) or any other establishment that may need special consideration and handling during the actual smoke test. Strict consideration and coordination with customers who have sensitive needs must be adhered to, some of whom will not be included on any smoke testing schedule as the nature of their business, such as hospitals, is far too delicate. 5. Twenty Four hours minimum must expire from the issuance of smoke testing notices to allow all affected to prepare for the testing or call with special exceptions, such as persons with health problems living at home in, etc. 6. On the day of the testing the selected portion of the study area will be identified and all street names and related hundred block addresses will be given to the fire department/emergency personnel for the area where the testing will occur. UNDER NO CIRCUMSTANCES WILL THE AREA SELECTED FOR THAT DAY’S TESTING BE MODIFIED TO INCLUDE ADDITIONAL WORK UNLESS THE FIRE DEPARTMENT/EMERGENCY PERSONNEL HAVE BEEN NOTIFIED FIRST. The name and ID number of the fire department person spoken to must be documented on the appropriate form. The fire department/emergency personnel must know the exact locations and specific time frames of where and when the tests will be performed. 7. Multi day scheduling with one time reporting to the fire department/emergency personnel will not be permitted. . 8. The City’s Project Representative will be notified on a daily basis with the same information. 9. Should the fire department/emergency personnel respond to the target area during the actual smoke testing, all testing will cease immediately and the Smoke Testing Team’s field supervisor in charge will contact the fire unit responding to answer any questions that the fire department officer may have. 10. All testing activity must cease when any resident complains of smoke entering their establishment. Smoke Testing Team’s field personnel will then attempt to isolate where the smoke is entering the establishment and make the occupant aware of what the problem may be. All defective plumbing found inside should be documented appropriately for future reference. The occupant will be advised to have the defect repaired by a registered plumber. 11. During the actual smoke testing, Smoke Testing Team field personnel will scout the area for smoke escaping from ground sources, roof vents, storm drain structures, etc. All sources of Infiltration/Inflow should be photographed, measured, drawn, and documented accordingly with addresses, data, and sketches. The smoke test form will identify which sewer reach is being tested by its component identification. It is understood that City staff members may accompany McKim & Creed field staff during the smoke testing initiative to gain a better understanding of how to quantify potential inflow volumes from the smoke defects recorded and how to compare the smoke testing defect results to the previously recorded flow data. McKim & Creed will develop a ‘Smoke Testing Results’ spreadsheet that identifies each pipe section tested and the results of the test, whether positive or negative. A separate spreadsheet; ‘Smoke Testing Defects’, will be prepared that identifies all defects encountered during the smoke testing activity. This spreadsheet will contain a column which identifies the surface area associated with each defect, the associated inflow volume based on a one inch rainfall event at the defect and if there is a need to conduct dye water testing/flooding. If a dye test is necessary a service Attachment “C” WO Initiation Form.docx 8 of 11 8/1/2014 order number will be prepared for the work effort using the City’s CMMS system and a description of what personnel and equipment will be needed provided. Dyed Water Tracing: Private sector dyed water tracing will be conducted by introducing a small quantity of liquid dye concentrate into suspect sources such as downspouts, area drains, patio drains, window well drains, and driveway drains, and then introducing a sufficient volume of clean water to locate the source’s discharge point. During each tracing, sanitary sewers, storm drains, and curb lines located downstream of the sources shall be monitored for signs of dyed water. The quantity of dye concentrate and water used will vary depending on pipe size and the quantity of flow and debris in each line section. A report will be prepared for each location where dye water tracing has been performed. The report will identify where the dye water was introduced and its’ susceptibility for entering the wastewater collection system. Photos will be taken of where the dye water is introduced and where it is recording entering the wastewater collection system. Evidence of dyed water in manholes downstream from the ponding area, stream crossing, or other suspected sources where the dyed water is placed; Time of travel from contributing source to manhole sampled, and the concentration of the dyed water; A CCTV camera shall be used in the suspected sewer that crosses under, or near, the storm drain pipe to document any direct or indirect cross connection. The Field Inspection Procedures for Dyed Water Flooding are as follows: 1. A mixture of water and any approved dye coloring substance will be introduced to the identified source. Dye Water Team inspectors will be stationed immediately downstream on the local sanitary and storm sewer lines. Observations, whether positive or negative, should be documented appropriately. Whenever possible the dyed water point of exit will be documented either by a handheld digital recorder or by HD closed circuit television inspection equipment. 2. Prior to any testing, the appropriate City staff shall be notified of the specific location of testing and what adjacent waterways may be affected when the dye water is released into the storm drainage system. Fire hydrants used to supply the water source needed will be opened slowly and closed in the same manner. A flow restrictive device shall be used on the hydrant to prevent discoloration problems. Should the water be running cloudy or dirty after use, the fire hydrant shall be left open at a slow pace until the water clears. If long term draining is required, the Dye Water Team shall notify the City. Dyed Water Flooding: The Dye Water Flooding results will be documented for each location where the testing occurs. Each Dye Water Flood Report will identify the section of wastewater gravity piping being tested, the location(s) where the storm water system piping was isolated and flooded, photographs of each setup and CCTV inspection results identifying the location(s) where dye water was identified entering the wastewater collection system. Upon completion of the dye testing the Service Order identifying the need of the test will be closed and a new Service Order developed to address an effective form of abatement. In some Attachment “C” WO Initiation Form.docx 9 of 11 8/1/2014 cases the necessary abatement activity will include the use of City staff, or third party contracting. The Service Order will include the Dye Test Report as well as verbiage describing the necessary work which must be completed to eliminate the storm water inflow source. Manhole Inspections Identify each manhole by component number Manhole cover and frame type Identification of covered or un-located manholes Number and size of holes, if any, in a manhole cover and whether cover is subject to ponding or runoff. Size of ponding/runoff area Drawing of invert and direction of flow Construction materials utilized and condition of cover, rings, walls, steps, aprons, troughs and pipelines incoming and outgoing Quantification of visible sources of extraneous flow Identification of special problems and conditions, such as overflows, bypasses, etc. Description of leaks and actual locations Evaluation of type and depth of debris in manhole Incoming and outgoing sewer lines connected to the manhole shall be inspected, and the following information shall be recorded. Size, type, and depth of pipe Root growth in pipe Type of deposition in pipe and recommended cleaning method Visible infiltration/inflow sources Structural conditions of pipe Special problems and conditions in pipe The McKim & Creed Team will provide all necessary equipment, including tripods with winches for emergency removal of personnel, fall arrest device, full body harnesses, and gas/explosive/oxygen detectors if entry to a structure is required. The following methodology will be utilized for conducting the manhole inspections: a)Each manhole being inspected non-remotely must first be tested for confined space working requirements as defined by OSHA. b)Each manhole must be descended, inspected using a Zoom Pole Camera system, or inspected using a digital side scanner. Observations to include, but not limited to, pipe channel and bench condition, wall condition, pipe seal condition, corbel and frame/cover condition. All leaks shall be measured whenever possible; those that cannot be measured shall be identified by an estimated leakage rate. Leakage rates must be specified in decimal form and in gallons per minute (GPM). For suspected sources of water infiltration where heavy stains exist but the source is not actively leaking, a predetermined default leakage rate will be assigned. Attachment “C” WO Initiation Form.docx 10 of 11 8/1/2014 c)Photographs of all defects found must be provided as part of the inspection. Details to include dimensions of the defect, dimensions to the defect from a known point inside the manhole such as a measurement from the top of frame, etc., date, manhole sewer serial number, brief and accurate description, and the name of the person in charge. Photographs shall also include channel/bench area and area around manhole entrance. d)Pipes entering manholes will be lamped to inspect for structural conditions as far as the eye, or pole camera can see and photographed. Any defects found will be appropriately documented on the manhole inspection form. e)The appropriate manhole inspection form will be completed for each manhole inspected. All photographs shall be attached to the manhole inspection form in digital format. f)For all bolt down style manhole covers, all bolts removed must be put back in place when the inspection is completed. g)Any manhole found broken, cracked, missing covers, or surcharged, must be reported to the City immediately for remediation action. McKim & Creed understands the importance of coordinating with the City when new structures are found to ensure that the proper identification numbers are added to the features. McKim & Creed’s proposed workflow is GIS oriented and this will assist the City in improving their mapping and asset management system as the Work Order is completed. Night Flow Isolations: Flow isolation gauging shall be accomplished using secondary velocity measurement devices and manual depth measurements for large diameter piping, and portable pre-calibrated weirs for small diameter piping. The flow isolation field work shall be used to determine the sewer sections which experience active groundwater infiltration and the pipe sections with the highest levels of infiltration will be recommended for internal pipeline CCTV inspections. A spreadsheet will be prepared in a manner that identifies the results of the flow isolations including apparent infiltration volumes, susceptibility of tidal influence and need to generate a Service Order for CCTV inspection. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1723 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.19 SUBJECT/RECOMMENDATION: Approve a purchase order (contract) to Oracle America, Inc., Redwood Shores, CA for the period of October 1, 2015 through September 30, 2016 for software maintenance at a cost not to exceed $219,911 in accordance with Sec. 2.564(1) (b) Code of Ordinances, sole source, and authorize the appropriate officials to execute same. (consent) SUMMARY: This is an annual contract for PeopleSoft (payroll system) at $111,703 Oracle (database licensing) at $23,102, Oracle OWAM maintenance (asset management system) at $72,959, and Oracle Mobile Device at $12,147. This Purchase Order represents an approximate $44,350 decrease from a year ago. APPROPRIATION CODE AND AMOUNT: 0555-09864-546200-519-000-0000 - $219,911 Page 1 City of Clearwater Printed on 9/30/2015 Page 1 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 10-Sep-15 Dan Mayer CITY OF CLEARWATER PO Box 4748 Information Technology Department CLEARWATER FL 33758 United States Dear Dan Mayer The technical support services provided under support service number P-95-301-00-000--22 will expire, or have expired,on 30-Sep-15.Please find attached an ordering document for the renewal of these technical support services.If applicable,the attached ordering document may include technical support services that you have requested to order that are in addition to the technical support services that you are renewing. To prevent interruption to and/or termination of technical support services,please complete your order for the renewal of technical support services,identified in the ordering document,by issuing a form of payment acceptable to Oracle in accordance with the Order Processing Details section of the ordering document on or before 17-Sep-15. If you have questions regarding your order or require further information,please contact me at the e-mail address or telephone number provided below. Regards, Choua Vang Oracle Support Services E-mail: choua.vang@oracle.com Tel.: 3032727883 Fax: 7197571301 Page 2 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 GENERAL INFORMATION OFFER EXPIRATION ORACLE: Oracle America, Inc. Support Service Number:P-95-301-00-000--22 Oracle Support Sales Representative: Choua Vang Offer Expires:30-Sep-15 Telephone:3032727883 Fax:7197571301 E-mail:choua.vang@oracle.com CUSTOMER: CITY OF CLEARWATER CUSTOMER QUOTE TO CUSTOMER BILL TO Account Contact:Dan Mayer Account Contact:Accounts Payable Account Name:CITY OF CLEARWATER Account Name:CITY OF CLEARWATER Address:PO Box 4748 Address:100 S Myrtle Ave Information Technology Department CLEARWATER FL 33758 United States PO Box 4748 CLEARWATER FL 33756 United States Telephone:727 562-4662 Telephone: Fax: Fax: E-mail:Daniel.Mayer@MyClearw ater.com E-mail:@ "You" and "Your" as referenced in this ordering document refers to the Customer identified in the table above. Oracle may provide certain notices about technical support services via e-mail. Accordingly, please verify and update the Customer Quote To and Customer Bill To information in the above table to help ensure that You receive such communications from Oracle. If changes are required to the Customer Quote To and Customer Bill To information, please e-mail or fax the updated information, with Your support service number P-95-301-00-000--22, to Your Oracle Support Sales Representative identified in the table above. Page 3 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 SERVICE DETAILS Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price PeopleSoft Enterprise Extended Enterprise License - Employee Count Perpetual 14482912 1900 VALUE 9-Dec-15 30-Sep-16 7,127.79 PeopleSoft Enterprise Human Resources For Public Sector - Employee Count Perpetual 14501911 1900 VALUE 1-Oct-15 30-Sep-16 52,287.75 PeopleSoft Enterprise Payroll For Public Sector - Employee Count Perpetual 14501911 1900 VALUE 1-Oct-15 30-Sep-16 52,287.75 PeopleSoft Enterprise Absence Management - Employee Count Perpetual 14501912 1900 VALUE 1-Oct-15 30-Sep-16 0.00 PeopleSoft Enterprise Talent Acquisition Manager - Employee Count Perpetual 14501912 1900 VALUE 1-Oct-15 30-Sep-16 0.00 Program Technical Support Fees:USD 111,703.29 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price SPL Synergen Series Base Product: All Subsystems - Concurrent User Perpetual 15397410 200 CONCUR RENT DEVICE FULL USE 1-Nov-15 30-Sep-16 23,920.84 SPL Synergen Series Base Product: All Subsystems - Server Perpetual 15397410 1 FULL USE 1-Nov-15 30-Sep-16 19,136.67 SPL Synergen Series ESRI GIS Integration Extension - Server Perpetual 15397410 1 FULL USE 1-Nov-15 30-Sep-16 5,980.21 SPL Synergen Series Web Deployment - Concurrent User Perpetual 15397410 200 CONCUR RENT DEVICE FULL USE 1-Nov-15 30-Sep-16 23,920.84 Program Technical Support Fees:USD 72,958.56 Program Technical Support Services Service Level:Software Update License & Support Page 4 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Merant Net Express V3 Win/Nt 14501859 1 USER 22-Apr-16 30-Sep-16 1,109.45 Oracle Utilities Mobile Device Management Base - Customer Perpetual 16130816 1 FULL USE 5-Dec-15 30-Sep-16 6,341.82 Micro Focus International Ltd. Net Express COBOL for Windows for 2 Named Users (Mfr is Microfocus; Third Party Program) 17885976 1 FULL USE 10-Feb-16 30-Sep-16 4,696.09 Program Technical Support Fees:USD 12,147.36 Program Technical Support Services Service Level:Software Update License & Support Product Description CSI #Qty License Metric License Level / Type Start Date End Date Price Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 45 FULL USE 30-Jan-16 30-Sep-16 6,734.01 Oracle Database Enterprise Edition - Named User Plus Perpetual 18925318 225 FULL USE 30-Jan-16 30-Sep-16 5,858.96 Oracle Database Enterprise Edition - Processor Perpetual 18925318 2 FULL USE 30-Jan-16 30-Sep-16 5,419.85 Oracle Database Standard Edition - Named User Plus Perpetual 18925318 75 FULL USE 30-Jan-16 30-Sep-16 1,247.53 Oracle Database Standard Edition - Named User Plus Perpetual 18925318 115 FULL USE 30-Jan-16 30-Sep-16 3,840.50 Program Technical Support Fees:USD 23,100.84 Total Price:USD 219,910.05 Plus applicable tax Please note the following: ·If You have questions regarding the Service Details section of this ordering document, or believe that corrections are required, please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. ·Please review Oracle's technical support policies, including the Lifetime Support Policy, before entering into this ordering document. Under Oracle's Lifetime Support Policy, the support level for an Oracle product, if applicable, may change during the term of the services purchased under this ordering document. If extended support is offered, an additional fee will be charged for such support if ordered. If You would like to purchase extended support please contact Your Oracle Support Sales Representative identified on the first page of this ordering document. ·If Oracle accepts Your order, the start date set forth in the Service Details table above shall serve as the commencement date of the technical support services and the technical support services Page 5 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 ordered under this ordering document will be provided through the end date specified in the table for the applicable programs and/ or hardware. ·If any of the fields listed in the Service Details table above are blank, then such fields do not apply for the applicable programs and/or hardware for which You are purchasing technical support services. Page 6 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 TECHNICAL SUPPORT SERVICES TERMS If the Customer and the Customer Quote To name identified in the General Information table above are not the same,CITY OF CLEARWATER represents that Customer has authorized CITY OF CLEARWATER to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein.CITY OF CLEARWATER agrees that the services ordered are for the sole benefit of Customer and shall only be used by Customer.CITY OF CLEARWATER agrees to advise Customer of the terms of this ordering document as well as any communications received from Oracle regarding the services. If the Customer and the Customer Bill To name identified in the General Information table above are not the same,Customer agrees that:a)Customer has the ultimate responsibility for payments under this ordering document;and b)any failure of CITY OF CLEARWATER to make timely payment per the terms of this ordering document shall be deemed a breach by Customer and,in addition to any other remedies available to Oracle,Oracle may terminate Customer's technical support service under this ordering document. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided.The technical support policies are subject to change at Oracle's discretion;however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which fees for technical support have been paid.You should review the technical support policies prior to entering into this ordering document.The current version of the technical support policies may be accessed at http://www.oracle.com/us/support/policies/index.html. The technical support services acquired under this ordering document are governed by the terms and conditions of the SLSA-225665-01-OCT-1995 ("agreement").Any use of the programs and/or hardware, which includes updates and other materials provided or made available by Oracle as a part of technical support services,is subject to the rights granted for the programs and/or hardware set forth in the order in which the programs and/or hardware were acquired. This ordering document incorporates the agreement by reference.In the event of inconsistencies between the terms contained in this ordering document and the agreement,this ordering document shall take precedence. Page 7 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 ORDER PROCESSING DETAILS Your order is subject to Oracle's acceptance.Your order is deemed to be placed when You provide Oracle with details for payment (e.g.,Your purchase order,Your check or a credit card confirmation for the order as detailed below)or an executed Oracle Financing contract.Once placed,Your order shall be non-cancelable and the sums paid nonrefundable,except as provided in the agreement. Please note that if the pre-tax value of this ordering document is USD $2,000 or less,the technical support services ordered (i)must be paid by credit card;or (ii)You must renew Your support via the Oracle Store.Please contact Your Oracle Support Sales Representative for details regarding renewing Your support via the Oracle Store. Technical Support fees are invoiced Quarterly in Arrears.All fees payable to Oracle are due within 30 NET from date of invoice. Oracle will issue an invoice to You upon receipt of a purchase order or a form of payment acceptable to Oracle.You agree to pay any sales,value-added or other similar taxes imposed by applicable law, except for taxes based on Oracle's income. "If CITY OF CLEARWATER is a tax exempt organization, a copy of CITY OF CLEARWATER's tax exemption certificate must be submitted with CITY OF CLEARWATER's purchase order, check, credit card or other acceptable form of payment." Purchase Order If the technical support services on this ordering document will be ordered and paid under a purchase order,the purchase order must be in a non-editable format (e.g.,PDF)and include the following information: -Support Service Number:P-95-301-00-000--22 -Total Price:USD 219,910.05 (excluding applicable tax) -Local Tax,if applicable In issuing a purchase order,CITY OF CLEARWATER agrees that the terms of this ordering document and the agreement supersede the terms in the purchase order or any other non-Oracle document,and no terms included in any such purchase order or other non-Oracle document shall apply to the technical support services ordered under this ordering document. Please e-mail or fax the purchase order to Oracle in accordance with the Remittance Details section below. Check If the technical support services on this ordering document will be ordered and paid by check,the check must include the following information: -Support Service Number:P-95-301-00-000--22 -Total Price:USD 219,910.05 (excluding applicable tax) -Local Tax,if applicable In issuing a check,CITY OF CLEARWATER agrees that only the terms of this ordering document and the agreement shall apply to the technical support services ordered under this ordering document.No terms Page 8 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 attached or submitted with the check shall apply. Please mail check payments in accordance with the Remittance Details section below. Credit Card Confirmation If the technical support services on this ordering document will be ordered and paid by credit card,please complete the information in this section and return it to Oracle in accordance with the Remittance Details section below.The credit card used to make payment must be valid for the entire support services term. Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater or transactions that are not in USD. __________________________________ Credit Card Number __________________________________ Credit Card Type (Visa,MasterCard,AMEX) __________________________________ Expiration Date __________________________________ Billing Address (associated with Credit Card) __________________________________ City,State,and Zip (associated with Credit Card) __________________________________ Authorized Signature __________________________________ Name (as it appears on the credit card) In issuing this credit card confirmation,CITY OF CLEARWATER agrees that only the terms of this ordering document and the agreement shall apply to the technical support services ordered under this ordering document.No terms attached or submitted with the credit card confirmation shall apply. Remittance Details Purchase orders or credit card details for the technical support services ordered under this ordering document should be sent to: Attn:Choua Vang Oracle Support Services Fax:7197571301 E-mail:choua.vang@oracle.com Checks for the technical support services ordered under this ordering document should be sent to: AK,AZ,CA,HI,ID,NV,OR,UT,WA: Oracle America,Inc PO Box 44471 San Francisco,CA 94144-4471 Page 9 of 9 Support Service Number: P-95-301-00-000--22 RL_Specified_Agreement_v010915 All Other States: Oracle America,Inc PO Box 203448 Dallas,TX 75320-3448 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1728 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.20 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI in the amount of $549,750.00 for the purchase of one new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564(1)(d), Code of Ordinances, Other governmental bid, and authorize appropriate officials to execute same. (consent) SUMMARY: The Department desires purchasing a heavy duty front line pumper (engine) to replace Engine 44, purchased in 2004, which will move to the reserve fleet to maintain required reserve units. A reserve unit purchased in 1999 will be retired. The full price for one fire engine is $567,250.00. The manufacturer has offered a discount of $17,500 if paid for in full at time of order. The Department desires to take advantage of this discount. A performance bond has been provided. The City will be reimbursed by the County for a portion of the purchase, approximately 10.9%, as the vehicle will support fire operations in the unincorporated areas of the Clearwater Fire District. The Department has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the Department. A heavy duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile and will significantly upgrade the abilities of the engine it replaces. Estimated $25,000.00 of annual operating costs in the Department’s annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 91218, Fire Engine Replacement, has $571,820 of Penny III funding available, under appropriations code 0-315-91218-591000-581-000 to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1730 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.21 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Pinellas County Solid Waste for an operating expenditure of $3,900,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill for the period October 1, 2015 through September 30, 2016 as provided in the city’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County Solid Waste operates the only waste-to-energy plant and landfill in the county. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the Fiscal Year 2015/16 Operating Budget of the Solid Waste Fund. The allocation of the Dump Fees that were planned for Pinellas County Solid Waste is as follows: ·0-424-02082-543500-534-000-0000 (Residential Collection Dump Fees) $1,395,300 ·0-424-02083-543500-534-000-0000 (Commercial Collection Dump Fees) $1,663,600 ·0-424-02089-543500-534-000-0000 (Roll-Off Collection Dump Fees) $841,100 Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1731 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.22 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Waste Management Inc. of Florida, for operating expenditures in the amount of $400,000 for the disposal of solid waste at their site for the period October 1, 2015 through September 30, 2016, as provided in the City’s Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Solid Waste Department collects bulk trash, yard waste, and construction and demolition debris from residential and commercial customers. The portion of the preceding waste that is Class III Waste, which excludes anything that could putrefy or produce lechate that poses a health or environmental threat, or construction and demolition debris (C & D) is collected separately from the remainder of the waste and is transported by city collection vehicles to the contractor’s State-registered disposal facilities. The Purchasing Department advertised an Invitation to Bid 67-15 for the disposal services described above in the Tampa Bay Times on August 28, 2015 and advertised on the City’s website from August 27, 2015 through September 16, 2015. The City received two bids on September 16, 2015. The two companies who submitted bids were Waste Management Inc. of Florida and Angelo’s Recycled Materials. The Solid Waste Department recommends that the City utilize Waste Management Inc. of Florida who was the lowest, most responsible bidder. APPROPRIATION CODE AND AMOUNT: Funds are available as part of the Fiscal Year 2015/16 Operating Budget of the Solid Waste Fund. The allocation of the Dump Fees that were planned for this expenditure are as follows: ·0-424-02082-543500-534-000-0000 (Residential Collection Dump Fees) $144,800 ·0-424-02089-543500-534-000-0000 (Roll-Off Collection Dump Fees) $255,200 Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1733 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.23 SUBJECT/RECOMMENDATION: Approve selection of J. Kokolakis Contracting, Inc. of Tarpon Springs, FL as the Construction Manager at Risk (CMR) for the proposed Solid Waste Transfer Station construction project (15-0007-SW). (consent) SUMMARY: The City issued Request for Qualifications 60-15 in July 2015 for CMR firms for the Solid Waste Transfer Station project in Clearwater. Five firms responded. The review committee included representatives of the Solid Waste /General Services, Engineering and King Engineering, the project engineer. The selection committee ranked the firm ’s qualifications as follows: J. Kokolakis Contracting, Wharton Smith, Ajax Building, Wallbridge, and Biltmore Construction. J. Kokolakis and Wharton Smith were asked to give oral presentations. The review committee recommends J. Kokolakis Contracting for their comprehensive experience building numerous solid waste transfer stations throughout Florida. Kokolakis will provide preconstruction services under a Purchase Order including design review and construction cost estimating. Once design approaches final construction documents, staff will present a guaranteed maximum price (GMP) contract to Council for approval. Staff anticipates bringing a GMP to City Council for approval in July 2016 to align with completion of design and permitting phases. The new transfer station will be operated and maintained by the Solid Waste Department. APPROPRIATION CODE AND AMOUNT: Funds (approximately $160,000) are available in capital improvement project 315-96447 Solid Waste Transfer Station Rebuild , for the design portion of this contract. USE OF RESERVE FUNDS: Additional funding for the construction portion of this contract will be provided by a Fiscal Year 2015/16 budget amendment allocating Solid Waste Fund reserves to capital improvement project 315-96447 Solid Waste Transfer Station Rebuild. The request for additional funding will be brought back to Council for discussion and approval. Page 1 City of Clearwater Printed on 9/30/2015 www.myclearwater.com Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 9/2014 REQUEST FOR QUALIFICATIONS Construction Management at Risk Services / Solid Waste Transfer Station Reconstruction RFQ # 60-15 July 15, 2015 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, August 18, 2015 to provide CONSTRUCTION MANAGEMENT AT RISK SERVICES. Brief Description: The City of Clearwater is seeking a Construction Manager at Risk to join the project team for the Solid Waste Transfer Station Reconstruction. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. The Request for Qualifications, any attachments and addenda are available for download at www.myclearwater.com and also on the City’s FTP site, ftp://ftpserver.myclearwater.com . Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the response. Questions concerning this solicitation should be directed, IN WRITING, to the following contact: General, Process or Technical Questions: Alyce Benge, CPPO, C.P.M. Purchasing Manager Finance Department Fax 727-562-4535 Alyce.Benge@myclearwater.com INSTRUCTIONS Construction Management at Risk 2 RFQ # 60-15 i.1 VENDOR QUESTIONS:All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Purchasing Manager listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS:Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date:August 18, 2015 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted, and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting Purchasing. i.4 SUBMIT RESPONSES TO:Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave., 3rd Floor, Clearwater, FL 33756-5520 or PO Box 4748, Clearwater, FL 33758-4748 Responses will be received at this address. Respondents may mail or hand-deliver responses; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE SUBMITTALS. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City Purchasing Office as the official time. i.6 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses INSTRUCTIONS Construction Management at Risk 3 RFQ # 60-15 submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.7 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.8 MODIFICATION / WITHDRAWAL OF RESPONSE. Written requests to modify or withdraw the response received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the response and marked as a MODIFICATION or WITHDRAWAL of the response. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any response security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.9 DEBARMENT DISCLOSURE.If the vendor submitting a response has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms, prices, and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 COPYING OF RESPONSES. Respondent hereby grants the City permission to copy all parts of its response, including without limitation any documents and/or materials copyrighted by the respondent. The City’s right to copy shall be for internal use in evaluating the response. INSTRUCTIONS Construction Management at Risk 4 RFQ # 60-15 i.13 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c.Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.14 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. The City may request product samples from vendors for product evaluation. i.15 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Purchasing Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS - EVALUATION Construction Management at Risk 5 RFQ # 60-15 i.16 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.17 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a)Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b)Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c)Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Qualifications and Experience: Related Site Development and Building Experience (particularly Solid Waste Transfer Stations)35 Method of Approach: Scheduling, Cost Control, Value Engineering 20 Project Staff and Availability 25 Expertise: Knowledge of Local Conditions, Permitting Processes, etc.20 i.18 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored responses based on a preliminary evaluation against the evaluation criteria. Only those short- listed respondents would be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. i.19 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. INSTRUCTIONS - EVALUATION Construction Management at Risk 6 RFQ # 60-15 i.20 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.21 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at www.myclearwater.com/cityprojects/to view relevant information and notices. i.22 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: July 15, 2015 Advertise Tampa Bay Times: July 17, 2015 Responses due: August 18, 2015 Review responses / Presentations (if requested): August 18 – 27, 2015 Award recommendation: August 28, 2015 Council authorization: September 17, 2015 DETAILED SPECIFICATIONS Construction Management at Risk 7 RFQ # 60-15 1.PROJECT MISSION.The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2.BACKGROUND.The City of Clearwater Solid Waste Department intends to upgrade its existing transfer station located on a 9.2-acre parcel north of Drew Street on Old Coachman Road. Specifically, the project will include redeveloping the site to include the following: New scale facility New top load transfer station building New Administration building Site Improvements including: o New asphalt roadways and parking areas for tractor trailers and employee vehicles o Stormwater improvements o 15,000-gallon leachate storage tank o Natural gas fueling stations for the transfer trailers o Standby generator o New water service, fire water main, and diesel powered fire booster pump system Offsite improvements consisting of a floodplain compensation and wetland mitigation site at the City’s Coachman Ridge Park The existing facility will be demolished and the site will remain closed for the duration of construction. The City’s Solid Waste collection trucks will be driving directly to the County’s landfill at significant cost until the new facility is placed on line. Time is therefore of the essence. The site is in the 100-year floodplain and contains environmentally sensitive cypress wetlands. The anticipated construction cost of the project is approximately fourteen (14) million dollars. Refer to Exhibit A, Engineering Memorandum from King Engineering, “Conceptual Evaluation Summary”, for more details on the project scope, provided for informational purposes only. 3.SCOPE OF WORK.The City of Clearwater (City) intends to engage a Construction Management (CM) at Risk firm to provide management of the preconstruction and construction services (collectively referred to as the Services) as described herein for the Solid Waste Transfer Station, City Project # 15-007-SW. The City anticipates twelve (12) months of design and twelve (12) months to fourteen (14) months of construction with the new transfer station opening by November 2017. The chosen CM at Risk firm will join the project team near the beginning of the design development phase to provide pre-construction phase services to the City under a purchase order for the negotiated design-phase fees. Applicable purchase order requirements are included with Exhibit D, Standard Terms and Conditions as well as the required Truth in Negotiation certificate (Exhibit C). When the construction documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the City for approval a Guaranteed Maximum Price (GMP) for the project.Once the GMP for construction on the project is agreed upon, the City staff may recommend to City Council to award the Construction Management firm the Construction Manager at Risk Contract. A sample contract is attached as Exhibit B, Sample Contract. However, if a GMP cannot be agreed upon, the City may solicit other CM at Risk firms. DETAILED SPECIFICATIONS Construction Management at Risk 8 RFQ # 60-15 The following documents have been included with this RFQ: Exhibit A, Engineering Memo: This is the Engineering Memorandum from King Engineering, titled “Conceptual Evaluation Summary”, provided for informational purposes only. This memorandum summarizes the efforts that were conducted with regards to the revised site plan and provides recommendations for proceeding with project development. This memo can be accessed via the City's FTP website: Navigate to the FTP website –ftp://ftpserver.myclearwater.com Username – vendor Password – clearwater (note the lower case "c") Select the folder titled "Purchasing" and the file titled "RFQ 60-15, Exhibit A" Exhibit B, Sample Contract: Sample of contract to be entered into upon successful negotiation. Applicable terms for City construction contracts referenced in Exhibit B, are available at http://www.myclearwater.com/gov/depts/pwa/engin/publications/stdspecs/index.asp Exhibit C, Truth in Negotiation Certificate: Required form, per 287.055 F.S. Exhibit D, Standard Terms and Conditions for Purchase Order: Terms and conditions to be applied to the Purchase Order for design and pre-construction phase services. 4.MINIMUM QUALIFICATIONS.Construction Management (CM) firms should have relevant successful experience at cost effectively performing Construction Management at Risk services on contracts with public agencies on projects of similar scope and cost and including similar disciples and trades. The selected CM must demonstrate that they can bring multiple qualified and competitive subcontractors in all related construction trades for successful project delivery. The CM must be capable of supplying workers that meet Florida Department of Law Enforcement criminal history background checks. Firms must be licensed in the State of Florida at the time of submittal. Further, if a corporation, the firm must be registered by the Florida Department of State, Division of Corporations. 5.INSURANCE REQUIREMENTS.The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a.Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b.Commercial Automobile Liability Insurance for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. DETAILED SPECIFICATIONS Construction Management at Risk 9 RFQ # 60-15 c.Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e.Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate), SIGNED by the Issuer, and with applicable endorsements, evidencing all of the coverage set forth above and naming the City as an “Additional Insured" ON THE Contractor's Commercial General Liability Insurance and Commercial Auto Liability Insurance policies and as a "Loss Payee" on the Contractor's Property Insurance policy. In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Purchasing – RFQ 60-15 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c.Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. DETAILED SPECIFICATIONS Construction Management at Risk 10 RFQ # 60-15 The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES Construction Management at Risk 11 RFQ # 60-15 1.ANTICIPATED BEGINNING AND END DATE OF ENGAGEMENT. September 2015 – November 2017. September 2015 – August 2016: Pre-construction phase services. September 2016 – November 2017: Construction Management Services. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2.EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE ELEMENTS Construction Management at Risk 12 RFQ # 60-15 1.RESPONSE SUBMISSION -Submit one (1) signed original (appropriately identified), with six (6) copies of the response and ONE (1) copy in an electronic format, on a disc or thumb drive, in a sealed container. 2.RESPONSE FORMAT (the following should be included and referenced with index tabs) Table of Contents: Identify contents by tab and page number. TAB 1: LETTER OF INTEREST.Limit response to two (2) pages. A brief letter of interest should be submitted that summarizes the key points of qualifications to complete the construction of a Solid Waste Transfer Station. TAB 2: QUALIFICATIONS AND EXPERIENCE. Limit response to four (4) pages. Explain related site development and building experience, include examples of similar completed projects, particularly Solid Waste Transfer Stations and environmentally sensitive sites. Provide project name, location, owner contact information, contract delivery method, and description; dates services were performed for the project; color image of projects; initial and final construction cost, including change orders; initial and final contract duration; type of contract and the stage of design or construction that the construction contract amount was agreed upon. TAB 3: METHOD OF APPROACH.Limit response to two (2) pages. Provide examples and methodology of project reporting systems, scheduling, cost estimating and value engineering for similar projects to demonstrate scheduling, cost control and value engineering offered by the firm. TAB 4: PROJECT STAFF AND AVAILABILITY.Limit response to three (3) pages. Provide resumes, including relevant experience, of proposed staff and staff organization. TAB 5: EXPERTISE. Limit response to two (2) pages. Provide a summary explaining knowledge of local conditions, availability of materials and labor, City of Clearwater permitting processes, local codes and ordinances, potential challenges and ways of overcoming them, etc. TAB 6: LICENSE AND BUSINESS INFORMATION. Include a copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractors License. If the firm is a corporation, provide a copy of the current Florida Corporation Registration. TAB 7: LITIGATION. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a RESPONSE ELEMENTS Construction Management at Risk 13 RFQ # 60-15 governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 5: OTHER FORMS. The following forms should be completed and signed: 1. Exceptions / Additional Materials / Addenda form 2. Company Information form 3. Company Certification of Offer form 4. W-9 Form. All responses should include a fully completed, most current W-9 form. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Construction Management at Risk 14 RFQ # 60-15 Respondents shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Company Name Date: COMPANY INFORMATION Construction Management at Risk 15 RFQ # 60-15 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above):Order from Address (if different from above): Address: Address: City: State: Zip: City: State:Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: COMPANY CERTIFICATION OF OFFER Construction Management at Risk 16 RFQ # 60-15 By signing and submitting this Response, the Vendor certifies that: a)It is under no legal prohibition to contract with the City of Clearwater. b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c)It has no known, undisclosed conflicts of interest. d)The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f)It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g)Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j)It is current in all obligations due to the City. k)It will accept such terms and conditions in a resulting contract if awarded by the City. l)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Construction Management at Risk 17 RFQ # 60-15 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #60-15, Construction Management at Risk Due Date: August 18, 2015 at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater, FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #60-15, Construction Management at Risk Due Date: August 18, 2015 at 10:00 A.M. City of Clearwater Attn: Purchasing 100 S Myrtle Ave., 3 rd Floor Clearwater, FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1738 Agenda Date: 10/1/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.24 SUBJECT/RECOMMENDATION: Approve a $135,000 increase in the Pinellas County Sheriff’s Office Agreement for Fiscal Year 2014/2015, from $406,175.40 to $541,175.40, due to excess services rendered above the proposed amount presented to Council on September 18, 2014. (consent) SUMMARY: The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement for services in January 1994. The agreements covered latent fingerprint examination, property/evidence storage, and crime scene processing services and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The City Council approved the Fiscal Year 14/15 contract in the amount of $406,175.40 on September 18, 2014. The contractual agreement reflects the following breakout of costs: Fingerprint Services - $80,265.60; Forensic Science Services (Crime Scene Processing) - $190,039.80 (940 calls @ $202.17 per call); Evidence and Property Service and Storage - $93,870.00 (9,000 calls @ $10.43 per submission); Pinellas Juvenile Assessment Center (PJAC) - $42,000 (500 bookings @ $84 per booking). Requests for services in excess of the number of contractual calls were to be invoiced separately. The need for PCSO processing this year has exceeded our contractual amount of $406,175.40. We are currently over by $78,477.17 as of August 31, 2015, and have not been billed for the month of September. The projected amount to exceed our contractual amount is $135,000. Although the amount of the contract was for $406,175.40, CPD had budgeted $500,000 in its Other Contractual Service account to pay for any excess services rendered. Even after receiving September’s invoice, CPD will be able to absorb the additional costs in its Fiscal Year 14/15 budget. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-01155-530300-521-000 (Contractual Services) to fund this anticipated increase. Page 1 City of Clearwater Printed on 9/30/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8756-15 Agenda Date: 10/1/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8756-15 on second reading, annexing certain real property whose post office address is 1214 Aloha Lane, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Ordinance No. 8756-15 ORDINANCE NO. 8756-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 195 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1214 ALOHA LANE, CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 4, Block 3, SUNSET KNOLL, according to the map or plat thereof as recorded in Plat Book 24, Page 26, of the Public Records of Pinellas County, Florida; (ANX2015-07018) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8756-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A PROPOSED ANNEXATION MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 4040404030 30 333060 63 608397087912 E F G 1 2 3 4 15 16 17 18 19 20 21 24 44 45 5 6 7 8 9 14 15 16 17 18 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 15 16 17 18 192021222324 25262728 91011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 22 503330 60 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SEDEEVA CIR S SPRINGTIME AVE SHERIDAN RD SEDEEVA ST 118612241903 1967 122612041178120919321185 11841954 1946 120419301189 121912321942 1917 1952 19271175 12051943 124812121916120312221933 1182121212311945 1172119019241204 1913 1910 19581180 12001901 1940 1929 1962 12061206120712231216123712341944 12121203120112301943 1915 19261220 1218120211841180190912111201 1960 118112241887 12461901 1933 1910 1938 1239 122612251934 1213121311741936 19041233 120812171964 12151938 191812051936 1 1216194 91251 1249 1 194 196 1245 111791671 51121011861941 71915 12241 1 196 3121412061257 1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15 LOCATION MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 07/09/15 DUNEDIN AERIAL PHOTOGRAPH Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE CHENANGO AVE CHENANGO AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN SEDEEVA CIR SSEDEEVA CIR S SPRINGTIME AVE SPRINGTIME AVE SHERIDAN RD SHERIDAN RD SEDEEVA ST SEDEEVA ST -Not to Scale--Not a Survey-Rev. 07/09/15 EXISTING SURROUNDING USES MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 4040404030 30 333060 63 608397087912 E F G 1 2 3 4 15 16 17 18 19 20 21 24 44 45 5 6 7 8 9 14 15 16 17 18 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 15 16 17 18 192021222324 25262728 91011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 22 503330 60 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SEDEEVA CIR S SPRINGTIME AVE SHERIDAN RD SEDEEVA ST 118612241903 1967 122612041178120919321185 11841954 1946 120419301189 121912321942 1917 1952 19271175 12051943 124812121916120312221933 1182121212311945 1172119019241204 1913 1910 19581180 12001901 1940 1929 1962 12061206120712231216123712341944 12121203120112301943 1915 19261220 1218120211841180190912111201 1960 118112241887 12461901 1933 1910 1938 1239 122612251934 1213121311741936 19041233 120812171964 12151938 191812051936 1 1216194 91251 1249 1 194 196 1245 111791671 51121011861941 71915 12241 1 196 3121412061257 1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15 Single Family Residential Single Family Residential Single Family Residential Commercial View looking north at the subject property, 1214 Aloha Lane East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07018 REO Asset Acquisition, LLC 1214 Aloha Lane View looking easterly along Aloha Lane View looking westerly along Aloha Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8757-15 Agenda Date: 10/1/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8757-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1214 Aloha Lane, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Ordinance No. 8757-15 ORDINANCE NO. 8757-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 195 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1214 ALOHA LANE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4, Block 3, SUNSET KNOLL, according to the map or plat thereof as recorded in Plat Book 24, Page 26, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2015-07018) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8756-15. Ordinance No. 8757-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A FUTURE LAND USE MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 4040404030 30 333060 63 608397087912 E F G 1 2 3 4 15 16 17 18 19 20 21 24 44 45 5 6 7 8 9 14 15 16 17 18 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 15 16 17 18 192021222324 25262728 91011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 22 503330 60 1 RU I RU RU RU RU RU RM CG RU RURU RU RU CG RUDOUGLAS AVE CHENANGO AVE COLES RD ALOHA LN SEDEEVA CIR S SPRINGTIME AVE SHERIDAN RD SEDEEVA ST 118612241967 12261204120919321185 11841954 1946 120419301189 121912321942 1917 1952 19271175 12051943 124812121916120312221933 1182121212311945 1172119019241204 1913 1910 19581180 12001901 1940 1929 1962 12061206120712231216123712341212120112301943 1915 19261220 12181202118419091201 1960 1181122412461933 1910 1938 1239 122612251934 121311741936 19041233 120812171964 12151938 191812051936 1 1903 1216194 117891251 1249 1 194 196 1245 111791671 5112101944 11861941 12037118012111915 12241 1887 1901 1 196 31214121312061257 1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15 LOCATION MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 07/09/15 DUNEDIN AERIAL PHOTOGRAPH Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE CHENANGO AVE CHENANGO AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN SEDEEVA CIR SSEDEEVA CIR S SPRINGTIME AVE SPRINGTIME AVE SHERIDAN RD SHERIDAN RD SEDEEVA ST SEDEEVA ST -Not to Scale--Not a Survey-Rev. 07/09/15 EXISTING SURROUNDING USES MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 4040404030 30 333060 63 608397087912 E F G 1 2 3 4 15 16 17 18 19 20 21 24 44 45 5 6 7 8 9 14 15 16 17 18 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 15 16 17 18 192021222324 25262728 91011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 22 503330 60 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SEDEEVA CIR S SPRINGTIME AVE SHERIDAN RD SEDEEVA ST 118612241903 1967 122612041178120919321185 11841954 1946 120419301189 121912321942 1917 1952 19271175 12051943 124812121916120312221933 1182121212311945 1172119019241204 1913 1910 19581180 12001901 1940 1929 1962 12061206120712231216123712341944 12121203120112301943 1915 19261220 1218120211841180190912111201 1960 118112241887 12461901 1933 1910 1938 1239 122612251934 1213121311741936 19041233 120812171964 12151938 191812051936 1 1216194 91251 1249 1 194 196 1245 111791671 51121011861941 71915 12241 1 196 3121412061257 1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15 Single Family Residential Single Family Residential Single Family Residential Commercial View looking north at the subject property, 1214 Aloha Lane East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07018 REO Asset Acquisition, LLC 1214 Aloha Lane View looking easterly along Aloha Lane View looking westerly along Aloha Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8758-15 Agenda Date: 10/1/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8758-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1214 Aloha Lane, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Ordinance No. 8758-15 ORDINANCE NO. 8758-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 195 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1214 ALOHA LANE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8756-15. Property Zoning District Lot 4, Block 3, SUNSET KNOLL, according to the map or plat thereof as recorded in Plat Book 24, Page 26, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2015-07018) Ordinance No. 8758-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A ZONING MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 4040404030 30 333060 63 608397087912 E F G 1 2 3 4 15 16 17 18 19 20 21 24 44 45 5 6 7 8 9 14 15 16 17 18 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 15 16 17 18 192021222324 25262728 91011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 22 503330 60 1 I LMDR MDRDOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SPRINGTIME AVE SHERIDAN RD SEDEEVA ST 118612241903 1967 122612041178120919321185 11841954 1946 120419301189 121912321942 1917 1952 19271175 12051943 1212191612031933 1182121212311945 1172119019241204 1913 1910 19581180 12001901 1940 1929 1962 12061206120712231216123712341944 1203120112301943 1915 19261220 1218120211841180190912111201 1960 118112241887 12461901 1933 1910 1938 1239 122612251934 1213121311741936 19041233 120812171964 12151938 191812051936 MDR LMD LMDR LMDR LMDR LMDR LM D 1 1216194 91251 1249 12481 1941222196 1245 111791671 511210118612121941 71915 12241 1 196 3121412061257 1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15 LOCATION MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 07/09/15 DUNEDIN AERIAL PHOTOGRAPH Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE CHENANGO AVE CHENANGO AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN SEDEEVA CIR SSEDEEVA CIR S SPRINGTIME AVE SPRINGTIME AVE SHERIDAN RD SHERIDAN RD SEDEEVA ST SEDEEVA ST -Not to Scale--Not a Survey-Rev. 07/09/15 EXISTING SURROUNDING USES MAP Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018 Site: 1214 Aloha Lane Property Size(Acres): ROW (Acres): 0.164 N/A Land Use Zoning PIN: 03-29-15-87912-003-0040 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 6080 6660 60608060 60 58 63 97 4040404030 30 333060 63 608397087912 E F G 1 2 3 4 15 16 17 18 19 20 21 24 44 45 5 6 7 8 9 14 15 16 17 18 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 15 16 17 18 192021222324 25262728 91011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 22 503330 60 1 DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SEDEEVA CIR S SPRINGTIME AVE SHERIDAN RD SEDEEVA ST 118612241903 1967 122612041178120919321185 11841954 1946 120419301189 121912321942 1917 1952 19271175 12051943 124812121916120312221933 1182121212311945 1172119019241204 1913 1910 19581180 12001901 1940 1929 1962 12061206120712231216123712341944 12121203120112301943 1915 19261220 1218120211841180190912111201 1960 118112241887 12461901 1933 1910 1938 1239 122612251934 1213121311741936 19041233 120812171964 12151938 191812051936 1 1216194 91251 1249 1 194 196 1245 111791671 51121011861941 71915 12241 1 196 3121412061257 1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15 Single Family Residential Single Family Residential Single Family Residential Commercial View looking north at the subject property, 1214 Aloha Lane East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07018 REO Asset Acquisition, LLC 1214 Aloha Lane View looking easterly along Aloha Lane View looking westerly along Aloha Lane Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8759-15 Agenda Date: 10/1/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8759-15 on second reading, annexing certain real property whose post office addresses are 2122 and 2148 Burnice Drive, all in Clearwater, Florida 33764, together with certain right-of-way of Burnice Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Ordinance No. 8759-15 ORDINANCE NO. 8759-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST OF BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE, AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2122 AND 2148 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, TOGETHER WITH CERTAIN RIGHT-OF-WAY OF BURNICE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Descriptions. (ANX2015-07019) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8759-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐07019 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0130 Lot 13 2122 Burnice Drive 2. 24-29-15-31050-000-0090 Lot 9 2148 Burnice Drive Together with all Right-of-Way of Burnice Drive abutting Lots 9 through 17 and westerly to the 40 acre line in the NE ¼ of Section 24, Township 29s, Range 15e. The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR 6060 60606 0 93474 45 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 77 58 57 78 79 80979899100 96 95 94 93 92 91 90 89 88 101 102 103 104 130 131 132 133 87 86 85 138 137 136 135 134 105 106 107 108 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 60 60 50 6060 6060 064080642606444 31050 13158 5 4 3 4 13141516 11 12 13 14 15 18 1 2 332 19 8 765 4 32 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 16 15 14 13 12 11 10 9 8 7 6547 87 1234 13 14 15 16 17 1 2 6 7 8 16 BURNICE DR BELL CHEER DR S UNIVERSITY DR WOODLEY RD UNIVERSITY CT MAGNOLIA DR W UNIVERSITY DR 21121004 21732172216521322143211021732125208521172165214721482155214920992167215721522138210921732141215521252179213921301100 2107121621062106 21262157216621601000 2187214921181228 212521662115 2173214221242174211021671234 21091110 2111 2143216121812126214012221105 21002187211721701104 217821852091213021881250LS47 214821312154213221641008 21811101 21121009 2110211821602148218021762071212221092070211721251006 21162130210121401107 215621401005 2180207621761001 21242214121351108 210021491100 215720771111 21331010 21332172211821342079-Not to Scale--Not a Survey-Rev. 07/09/15 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR ^^BELCHER RDDRUID RD -Not to Scale--Not a Survey-Rev. 07/09/15 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR WOODLEY RD WOODLEY RD UNIVERSITY CT UNIVERSITY CT MAGNOLIA DR MAGNOLIA DR B E L L D R B E L L D R W UNIVERSITY DR W UNIVERSITY DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 07/09/15 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR 6060 60606 0 93474 45 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 77 58 57 78 79 80979899100 96 95 94 93 92 91 90 89 88 101 102 103 104 130 131 132 133 87 86 85 138 137 136 135 134 105 106 107 108 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 60 60 50 6060 6060 064080642606444 31050 13158 5 4 3 4 13141516 11 12 13 14 15 18 1 2 332 19 8 765 4 32 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 16 15 14 13 12 11 10 9 8 7 6547 87 1234 13 14 15 16 17 1 2 6 7 8 16 BURNICE DR BELL CHEER DR S UNIVERSITY DR WOODLEY RD UNIVERSITY CT MAGNOLIA DR W UNIVERSITY DR 21121004 21732172216521322143211021732125208521172165214721482155214920992167215721522138210921732141215521252179213921301100 2107121621062106 21262157216621601000 2187214921181228 212521662115 2173214221242174211021671234 21091110 2111 2143216121812126214012221105 21002187211721701104 217821852091213021881250LS47 214821312154213221641008 21811101 21121009 2110211821602148218021762071212221092070211721251006 21162130210121401107 215621401005 2180207621761001 21242214121351108 210021491100 215720771111 21331010 21332172211821342079-Not to Scale--Not a Survey-Rev. 07/09/15 Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 2122 Burnice Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07019 Ronald J. Main 2122 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive View looking north at the subject property, 2148 Burnice Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07019 Scott and Cecilia May 2148 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8760-15 Agenda Date: 10/1/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 8760-15 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post addresses are 2122 and 2148 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Ordinance No. 8760-15 ORDINANCE NO. 8760-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST OF BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE, AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2122 AND 2148 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Descriptions;Residential Low (RL) (ANX2015-07019) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8759-15. Ordinance No. 8760-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐07019 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0130 Lot 13 2122 Burnice Drive 2. 24-29-15-31050-000-0090 Lot 9 2148 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B \ FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR 6060 60606 0 93474 45 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 77 58 57 78 79 80979899100 96 95 94 93 92 91 90 89 88 101 102 103 104 130 131 132 133 87 86 85 138 137 136 135 134 105 106 107 108 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 60 60 50 6060 6060 064080642606444 31050 13158 5 4 3 4 13141516 11 12 13 14 15 18 1 2 332 19 8 765 4 32 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 16 15 14 13 12 11 10 9 8 7 6547 87 1234 13 14 15 16 17 1 2 6 7 8 16 RL RL RU RU RL RU RU RL RU RL RU RU R/OS BURNICE DR BELL CHEER DR S UNIVERSITY DR WOODLEY RD UNIVERSITY CT MAGNOLIA DR W UNIVERSITY DR 211221732172216521322143211021732125211721652147214821552149216721572152213821092 1 41215521252179213921302107121621062106 21262157216621601000 2187214921181228 21252115 2173214221242174211021671234 210911102143216121812126214012221105 2100218721171104 217821851302188RU RU WATER P WATER RU 214821312154213221641004 1008 21811101 21121009 2085102118216021482099218021762071212221092070211721731100 21251006 21162130210121401107 215621401005 21662180207621761001 1242214121351108 210021491100 2157211120771111 21331010 21332172217020912118213420791250LS47 -Not to Scale--Not a Survey-Rev. 07/09/15 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR ^^BELCHER RDDRUID RD -Not to Scale--Not a Survey-Rev. 07/09/15 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR WOODLEY RD WOODLEY RD UNIVERSITY CT UNIVERSITY CT MAGNOLIA DR MAGNOLIA DR B E L L D R B E L L D R W UNIVERSITY DR W UNIVERSITY DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 07/09/15 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR 6060 60606 0 93474 45 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 77 58 57 78 79 80979899100 96 95 94 93 92 91 90 89 88 101 102 103 104 130 131 132 133 87 86 85 138 137 136 135 134 105 106 107 108 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 60 60 50 6060 6060 064080642606444 31050 13158 5 4 3 4 13141516 11 12 13 14 15 18 1 2 332 19 8 765 4 32 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 16 15 14 13 12 11 10 9 8 7 6547 87 1234 13 14 15 16 17 1 2 6 7 8 16 BURNICE DR BELL CHEER DR S UNIVERSITY DR WOODLEY RD UNIVERSITY CT MAGNOLIA DR W UNIVERSITY DR 21121004 21732172216521322143211021732125208521172165214721482155214920992167215721522138210921732141215521252179213921301100 2107121621062106 21262157216621601000 2187214921181228 212521662115 2173214221242174211021671234 21091110 2111 2143216121812126214012221105 21002187211721701104 217821852091213021881250LS47 214821312154213221641008 21811101 21121009 2110211821602148218021762071212221092070211721251006 21162130210121401107 215621401005 2180207621761001 21242214121351108 210021491100 215720771111 21331010 21332172211821342079-Not to Scale--Not a Survey-Rev. 07/09/15 Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 2122 Burnice Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07019 Ronald J. Main 2122 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive View looking north at the subject property, 2148 Burnice Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07019 Scott and Cecilia May 2148 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8761-15 Agenda Date: 10/1/2015 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 8761-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post addresses are 2122 and 2148 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 9/30/2015 Ordinance No. 8761-15 ORDINANCE NO. 8761-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST OF BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE, AND NORTH OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2122 AND 2148 BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8759-15. Property Zoning District See attached Exhibit A for Legal Descriptions; Low Medium Density Residential (LMDR) (ANX2015-07019) Ordinance No. 8761-15 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2015‐07019 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0130 Lot 13 2122 Burnice Drive 2. 24-29-15-31050-000-0090 Lot 9 2148 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR 6060 60606 0 93474 45 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 77 58 57 78 79 80979899100 96 95 94 93 92 91 90 89 88 101 102 103 104 130 131 132 133 87 86 85 138 137 136 135 134 105 106 107 108 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 60 60 50 6060 6060 064080642606444 31050 13158 5 4 3 4 13141516 11 12 13 14 15 18 1 2 332 19 8 765 4 32 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 16 15 14 13 12 11 10 9 8 7 6547 87 1234 13 14 15 16 17 1 2 6 7 8 16 LMDR OS/R LMDR BURNICE DR BELL CHEER DR S UNIVERSITY DR WOODLEY RD UNIVERSITY CT MAGNOLIA DR W UNIVERSITY DR 21121004 21732172216521322143211021732125208521172165214721482155214920992167215721522138210921732141215521252179213921301100 2107121621062106 21262157216621601000 2187214921181228 212521662115 2173214221242174211021671234 21091110 2143216121812126214012221105 21002187211721701104 217821852091213021881250LS47 LMDR P 21312154213221641008 21811101 21121009 2110211821602148218021762071212221092070211721251006 21162130210121401107 215621401005 2180207621761001 21242214121351108 210021491100 2157211120771111 21331010 213321482172211821342079-Not to Scale--Not a Survey-Rev. 07/09/15 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR ^^BELCHER RDDRUID RD -Not to Scale--Not a Survey-Rev. 07/09/15 AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR WOODLEY RD WOODLEY RD UNIVERSITY CT UNIVERSITY CT MAGNOLIA DR MAGNOLIA DR B E L L D R B E L L D R W UNIVERSITY DR W UNIVERSITY DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 07/09/15 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2015-07019 Site: 2122 Burnice Drive 2148 Burnice Drive Property Size(Acres): ROW (Acres): 0.472 0.956 Land Use Zoning PIN: 24-29-15-31050-000-0130 24-29-15-31050-000-0090 From : RL R-4 Atlas Page: 308B To: RL LMDR 6060 60606 0 93474 45 1 2 3 4 5 6 9 10 11 12 13 14 1 2 3 4 5 6 77 58 57 78 79 80979899100 96 95 94 93 92 91 90 89 88 101 102 103 104 130 131 132 133 87 86 85 138 137 136 135 134 105 106 107 108 129 128 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 60 60 50 6060 6060 064080642606444 31050 13158 5 4 3 4 13141516 11 12 13 14 15 18 1 2 332 19 8 765 4 32 18 19 20 21 22 23 24 25 26 27 28 29 30 31 17 16 15 14 13 12 11 10 9 8 7 6547 87 1234 13 14 15 16 17 1 2 6 7 8 16 BURNICE DR BELL CHEER DR S UNIVERSITY DR WOODLEY RD UNIVERSITY CT MAGNOLIA DR W UNIVERSITY DR 21121004 21732172216521322143211021732125208521172165214721482155214920992167215721522138210921732141215521252179213921301100 2107121621062106 21262157216621601000 2187214921181228 212521662115 2173214221242174211021671234 21091110 2111 2143216121812126214012221105 21002187211721701104 217821852091213021881250LS47 214821312154213221641008 21811101 21121009 2110211821602148218021762071212221092070211721251006 21162130210121401107 215621401005 2180207621761001 21242214121351108 210021491100 215720771111 21331010 21332172211821342079-Not to Scale--Not a Survey-Rev. 07/09/15 Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 2122 Burnice Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07019 Ronald J. Main 2122 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive View looking north at the subject property, 2148 Burnice Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-07019 Scott and Cecilia May 2148 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1714 Agenda Date: 10/1/2015 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a one-year Grant Funding Agreement, in the amount of $179,778 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key (Beach Route) and the Coastal Route, and authorize the appropriate officials to execute same. SUMMARY: The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service throughout the Clearwater Beach, Island Estates, and Sand Key areas since 1982. The non-profit’s mission is to reduce congestion and improve mobility in this area for both tourists and residents. In addition, the Jolley Trolley has become a tourist venue that differentiates Clearwater Beach from other beaches in the area. The Jolley Trolley expects to transport over 200,000 passengers for Fiscal Year (FY) 2015-16, not including Clearwater Marine Aquarium passengers. This fiscal year, the Jolley Trolley had 825,000 riders, a 58% increase in ridership due to the Clearwater Marine Aquarium. Clearwater Beach had a healthy 5.3% ridership increase. The Jolley Trolley currently has a fleet of 23 trolleys with an average age of 8.5 years. The Jolley Trolley accomplishments for FY 2014-15 are: ·Increased beach route ridership by 5.3% over prior year; ·Added four new trolleys to the fleet; ·Revised Coastal Map and Guide to include Safety Harbor, currently distributing 60,000 copies. The Jolley Trolley Clearwater Map continues to be the No. 1 map used by concierges on the beach; and ·Re-certified all drivers on ADA sensitivity and hands-on training was provided on proper loading of wheel chairs and safety tie downs. Jolley Trolley’s overall plans for FY 2015-16 include: ·Will begin enhancement of the Jolley Trolley’s technology; ·Advertising program will be evaluated to see what changes or modifications will need to be made for today’s advertiser; ·A new website will be rolled-out in the first quarter; ·Offices will relocate to the North Myrtle Avenue location for cost savings in rent and all employees will now be located in one spot; ·Succession Planning continues to attract employees that see the Jolley Trolley as a career, rather than just a job; and ·Will continue to maintain the Jolley Trolley’s Capital Expenditure Strategy that allows for the continued refurbishment of the fleet of trolleys. The grant amount for FY 15-16 is $179,778 for the beach and coastal routes. This amount represents a 7.6% overall increase; the first increase since FY 11-12. The new hourly rate for Page 1 City of Clearwater Printed on 9/30/2015 File Number: ID#15-1714 operations is $60.75, a 7.9% increase from the three previous years. Also, the total hours of 9,608 include a projected decrease of 782 hours compared to FY 14-15 due to efficiencies. The grant amount for FY 16-17 is planned with a capped increase of 3%. Beach Route Historically, the City has supported the Beach Route which connects Clearwater Beach, Sand Key, and Island Estates. The City’s contribution to this route last year was $163,443. The Jolley Trolley operations expense forecast for FY 2015-16 for the Beach Route is $628,171. PSTA matches the City of Clearwater’s contributions (both grant funding and in-kind services with its lease on Myrtle) at $190,201. Fares cover 23% of total revenue with advertising covering 19% of revenue. PSTA has also agreed to increase their contribution for the CMA route by 5.8%, bringing the total to $14,304 for FY 15-16. The City of Clearwater has agreed to provide the staging/parking facility ($18,000) which will be spread to all four routes in the expense models. Coastal Route Five years ago, the Jolley Trolley began the Coastal Route that starts at Island Estates and progresses through Downtown Clearwater, into Dunedin, Palm Harbor and ends in Tarpon Springs. The route travels only on Friday, Saturday and Sunday and takes approximately one hour to make the Island Estates to Tarpon Springs trip. Last year, a route to Safety Harbor through Westfield Countryside Mall was added as well. When the Downtown Development Board (DDB) could not cover the increase in the cost for the Coastal Route, the PSTA proposed that if the DDB’s contribution could remain constant at $9,220, the PSTA would match the $3,881 difference if the City of Clearwater contributed the remaining $3,881 to make up the full $16,982 contribution to the Clearwater portion of the route. The city agreed and this agreement reflects the same commitment as last year. The Coastal Route has become an important component of providing additional options to tourists staying on the Beach and connecting them to Downtown as well as other Pinellas County locations. The Jolley Trolley operations expense forecast for the Coastal Route is $339,631. The City’s contribution is approximately 1.6%. Fares cover approximately 24% and advertising covers 6%. The other coastal partners cover $33,963 each to the route. PSTA’s portion is $122,752. Contract Terms The term of the agreement is for one year. The Economic Development and Housing Department administers the agreement. The Jolley Trolley’s Business Plan covers the proposed revenues and expenditures for the fiscal year for both the Beach Route and the Coastal Route. As part of this agreement, the Jolley Trolley will prepare a quarterly report that tracks high-level financials, ridership numbers, accident frequency, and on-time adherence to schedule. The City will use these items as a measure of performance. The Parking Fund’s FY15-16 operating budget included $166,990 to fund the Jolley Trolley contract. At first quarter, the Parking expenditure budget will be increased by $12,788 to fund this contract with offsetting revenues recognized from Parking Fund reserves. APPROPRIATION CODE AND AMOUNT: 0435-01333-582000-545-000-0000 - $179,778 A first quarter amendment will increase cost code 435-01333-582000 (Aid to Private Organizations) by $12,788 to fund this contract. Page 2 City of Clearwater Printed on 9/30/2015 File Number: ID#15-1714 Page 3 City of Clearwater Printed on 9/30/2015 1 JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT This Jolley Trolley System Funding Agreement is made and entered into this _______ day of September, 2015, between the City of Clearwater, hereinafter referred to as the ("City") and the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation, hereinafter referred to as the ("Corporation"). ARTICLE I. TERM The term of this agreement shall be for a period of one (1) year commencing on October 1, 2015 and continuing through September 30, 2016, (the "Termination Date"), subject to annual budgetary appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF THE CORPORATION 1)Services to be Provided.The Corporation shall provide the transportation services to promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand Key (Beach Route) and the Coastal Route, both described in Exhibit A. 2) Transportation Pick-ups. (a) Beach Route: The Corporation shall provide scheduled transportation pick-ups which will be no more than 30 minutes apart (conditions permitting), as described in Exhibit A. (b) Coastal Route: The Corporation shall provide scheduled transportation pick-ups which will be no more than 60 minutes apart (conditions permitting), as described in Exhibit A. 3)Posted Route Schedules. The Corporation shall provide posted route times at selected pick-up locations listing scheduled pick-up times, in conjunction with the Pinellas Suncoast Transit Authority (PSTA). 4)Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms 990 and 990T certified by independent Certified Public Accountant within 90 days of the end of the fiscal year to the Economic Development and Housing Director. The financial report is to set forth the total cost of operations provided, and the detailed account of operational costs funded in part by the City. The Corporation will also provide quarterly reports of activities including: high level financials, ridership numbers, accident frequency, and on-time adherence to schedule for both the Beach and Coastal Routes. 5)Use and Disposition of Funds Received.Funds received by the Corporation from the City shall be used towards the payment of expenses attendant to the operation of the Trolley System. 6)Creation, Use and Maintenances of Financial Records. a)Creation of Records. The Corporation shall create, maintain and make accessible to authorized City representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of the Corporation. Such records shall be available and accessible at all times for inspection, review or audit by authorized City personnel, and shall be made available in accordance with Chapter 119, Florida Statutes (Public Records) and other applicable law. b)Use of Records. The Corporation shall produce such reports and analyses that may be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies received through this agreement. 2 c) Maintenance of Driver’s Log and Check Point System. The Corporation agrees to maintain a driver’s log and a check point system to document compliance with the agreed upon schedule. Changes to these attached schedules are at the discretion of the Corporation Board of Directors, but will be submitted to the City at least two weeks prior to implementation. Any change, or series of changes, which will cause more than a 25% reduction in the routes may, at the discretion of the City Council, be considered a failure to adhere to the terms of the contract and may be grounds for reducing the funding commitment or may be considered cause for termination of the contract. d)Maintenance of Records.All records created hereby are to be retained and maintained for a period not less than five (5) years from the close of the applicable fiscal year. 7)Non-discrimination.Notwithstanding any other provision of this agreement, the Corporation for itself, agents and representatives, as part of the consideration for this agreement does covenant and agree that: a)No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b)No Exclusion from Hire.In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c)Inclusion in Subcontracts. The Corporation agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub- contracts. d)Breach of Non-discrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 8)Liability and Indemnification.The Corporation shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 9)Compliance with Laws. Corporation shall comply with all federal, state, county and local laws, rules and regulations applicable to the operation of the vehicles. If it is ever determined that this Agreement violates any federal, state, county or local laws, rules or regulations, then Corporation shall comply in a timely manner or City may terminate. 3 10) Corporation’s Role in the Development and Revitalization of Clearwater Beach. It is contemplated by the Parties hereto that in consideration for the funding provided by the City, the Corporation’s role in providing trolley service shall be promoted as a tourist amenity and enhancement in furtherance of the development and revitalization of Clearwater Beach. To that end, the Corporation agrees to cooperate and work with City staff to develop the Corporation’s role as integral to such revitalization and development and as a catalyst for tourism. In addition, the Costal Route is intended to link the tourism activities on Clearwater Beach with those of Downtown Clearwater. ARTICLE III. RESPONSIBILITIES OF THE CITY 1) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part the operational costs incurred in providing the activities and services authorized by this agreement as follows: An annual amount of $175,897 for providing trolley service on Clearwater Beach, Island Estates and Sand Key, based upon the Corporation meeting the route schedule attached as Exhibit A. An annual amount of $3,881 for the Coastal Route, contingent upon PSTA match of $3,881 and Downtown Development Board contribution of $9,220. Payable in equal payments of 1/12 per month per fiscal year. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1)For Cause.Failure to adhere to any of the provisions of this Agreement in material respect shall constitute cause for termination. Either party may terminate this Agreement for cause by giving the other party sixty (60) days notice of termination. If the default is not cured within the sixty (60) day period following receipt of notice, this Agreement shall terminate on the sixty-first (61st) day. 2)Disposition of Fund Monies. In the event of termination for any reason, monies made available to the Corporation but not expended in accordance with this Agreement shall be returned to the City within 30 days of demand. 4 ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1) If to Corporation, addressed to:Jolley Trolley Transportation of Clearwater, Inc. 483 Mandalay Avenue, Suite 213 Clearwater, FL 33767 2)If to City, addressed to:City Manager P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: City Attorney P. O. Box 4748 Clearwater, FL 33758-4748 Economic Development and Housing Director P.O. Box 4748 Clearwater, FL 33758-4748 5 ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as of the date written below. IN WITNESS WHEREOF,the parties hereto have set their hands and seals this _______ day of _________________, 2015. Countersigned:CITY OF CLEARWATER, FLORIDA _______________________________________________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form:Attest: _______________________________________________________________ Pam Akin Rosemarie Call, MPA, CMC City Attorney City Clerk JOLLEY TROLLEY TRANSPORATION OF CLEARWATER, INC. By: _______________________________ Rosemary Windsor Executive Director Attest: __________________________________ NORTH BEACH ROUTE –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– STOP # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 LOCATION Publix Aquarium Island Way Grill Papaya St. Brown Boxer Recreation Ctr. Surf ‘N Sand Acacia St. 880 Mandalay Acacia Circle Rockaway Clearsky Hilton Marina 700 Island Way Publix AM . . . . . . 10:00 10:02 10:03 10:07 10:09 10:10 10:11 10:13 10:15 10:17 10:19 10:20 10:22 10:24 10:26 10:30 10:30 10:32 10:33 10:37 10:39 10:40 10:11 10:43 10:45 10:47 10:49 10:50 10:52 10:54 10:56 11:00 11:00 11:02 11:03 11:07 11:09 11:10 11:11 11:13 11:15 11:17 11:19 11:20 11:22 11:24 11:26 11:30 11:30 11:32 11:33 11:37 11:39 11:40 11:41 11:43 11:45 11:47 11:49 11:50 11:52 11:54 11:56 12:00 PM . . . . . . 12:00 12:02 12:03 12:07 12:09 12:10 12:11 12:13 12:15 12:17 12:19 12:20 12:22 12:24 12:26 12:30 12:30 12:32 12:33 12:37 12:39 12:40 12:41 12:43 12:45 12:47 12:49 12:50 12:52 12:54 12:56 1:00 1:00 1:02 1:03 1:07 1:09 1:10 1:11 1:13 1:15 1:17 1:19 1:20 1:22 1:24 1:26 1:30 1:30 1:32 1:33 1:37 1:39 1:40 1:41 1:43 1:45 1:47 1:49 1:50 1:52 1:54 1:56 2:00 2:00 2:02 2:03 2:07 2:09 2:10 2:11 2:13 2:15 2:17 2:19 2:20 2:22 2:24 2:26 2:30 Continues every 30 minutes all day until 10:00pm Sunday through Thursday and until 11:30pm on Fridays and Saturdays Finish Fri & Sat 11:00 11:02 11:03 11:07 11:09 11:10 12:11 11:13 11:15 11:17 11:19 11:20 11:22 11:24 11:26 11:30 Finish Sun 9:30 9:32 9:33 9:37 9:39 9:40 9:41 9:43 9:45 9:47 9:49 9:50 9:52 9:54 9:56 10:00 SOUTH BEACH ROUTE –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––--–--–– STOP # 1 2 3 15 16 17 18 19 20 21 22 23 24 13 1 LOCATION Publix Aquarium Island Way Grill Pier 60 Beach Walk Shephard’s Sheraton Bay Park Shoppes Marriott Shuckers Crabby’s Bar & Grill Hyatt Marina Publix AM . . . . . . 10:00 10:02 10:03 10:06 10:09 10:10 10:13 10:15 10:17 10:19 10:20 10:22 10:24 10:26 10:30 10:30 10:32 10:33 10:36 10:39 10:40 10:43 10:45 10:47 10:49 10:50 10:52 10:54 10:56 11:00 11:00 11:02 11:03 11:06 11:09 11:10 11:13 11:15 11:17 11:19 11:20 11:22 11:24 11:26 11:30 11:30 11:32 11:33 11:36 11:39 11:40 11:43 11:45 11:47 11:49 11:50 11:52 11:54 11:56 12:00 PM . . . . . . 12:00 12:02 12:03 12:06 12:09 12:10 12:13 12:15 12:17 12:19 12:20 12:22 12:24 12:26 12:30 12:30 12:32 12:33 12:36 12:39 12:40 12:43 12:45 12:47 12:49 12:50 12:52 12:54 12:56 1:00 1:00 1:02 1:03 1:06 1:09 1:10 1:13 1:15 1:17 1:19 1:20 1:22 1:24 1:26 1:30 1:30 1:32 1:33 1:36 1:39 1:40 1:43 1:45 1:47 1:49 1:50 1:52 1:54 1:56 2:00 2:00 2:02 2:03 2:06 2:09 2:10 2:13 2:15 2:17 2:19 2:20 2:22 2:24 2:26 2:30 Continues every 30 minutes all day until 10:00pm Sunday through Thursday and until 11:30pm on Fridays and Saturdays Finish Fri & Sat 11:00 11:02 11:03 11:06 11:09 11:10 11:13 11:15 11:17 11:19 11:20 11:22 11:24 11:26 11:30 THE JOLLEy TROLLEy ROUTE SCHEdULE Jolley Trolley FareStructure FARE REdUCEd (SENIOR/DISABLED) Regular Cash Fare (per ride) $ 2.00 $ 1.00 ★ Best Value ★ Unlimited Daily Pass (end of day) $ 4.50 $ 2.25 Weekly Pass (7 days) $20.00 N/A Monthly Pass (31 days) $65.00 $35.00 Exact change required. Tickets & passes can be purchased from the Jolley Trolley drivers. All fare classifications are valid on Jolley Trolley and PSTA system wide. Children 5 and under are free. Passes are interchangeable between service providers. PSTA routes 100x and 300x are $3.00. All pass sales are final; non- transferable, non-refundable. JT not responsible for lost or damaged passes. Reduced fares require government Medicare or PSTA issued photo ID.________________________________________________ COVER PHOTO CREDIT: ROgER SlATER, CCS PhotograPhy 727.517.5689 gRAPHIC DESIgN by: Joy MILForD joym78889@gmail.com ClEARwATER bEACH MAP & guIDE PRODuCED by: CLEarWatEr JoLLEy troLLEy 727.445.1200 727-445-1200 www.clearwaterjolleytrolley.com On the weekend... Ride the Jolley Trolley COASTAL & SAFETy HARBOR ROUTES Operates every Friday, Saturday & Sunday COASTAL ROUTE: Service to Clearwater, Dunedin, Palm Harbor, Ozona, Tarpon Springs & the Sponge Docks. FRI & SAT 10:30AM TIL 11:30PM, SUN 10:30AM TIL 9:30PM SAFETY HARBOR ROUTE: includes a stop at Westfield Mall FRI 6PM TIL MId, SAT 10AM TIL MId, SUN 10AM TIL 10PM 727-445-1200 or www.clearwaterjolleytrolley.com B2 B2 B5 B5 a2 B2B2 B1 B2 B2 B3 B4 B4 a3 a4 B1 a1 B2 B2 a4 Coastal Route Info 1 2 3 4 5 1 2 3 4 5 A B C D A B C D Be sure to visit these Clearwater Beach favorites Pier 60 Sunsets – 1000 ft. pier with evening fam- ily entertainment, playgrounds, live music Beach Walk — Clearwater’s newest boardwalk with artistic touches, spectacular sand surf The Marina — Fishing, rental boats, jet skis, dinner cruises, restaurants, stores and more The Sailing Center — Families learn to sail, boat-ing safety classes, and sailboat rentals Coachman Park and Marina — Library, pier, marina & many city events performed here Leave Your Car Where You Are... Ride The Jolley Trolley™ &MaP Guide Clearwater Beach Enjoy the historic ambiance of Clearwater Beach aboard the Jolley Trolley sightseeing, shopping & dining 2015 EDITION 727-445-1200 www.clearwaterjolleytrolley.com A3 Follow us on A3 B2 A5 C2 B1 B2 A1 A3 B1 D1 C1 C4 B2 Jolley Trolley Service every Friday, Saturday & Sunday Clearwater, Dunedin, Palm Harbor Ozona, Tarpon Springs, the Sponge Docks and Safety Harbor &Map Guide 2015Leave Your Car Where You Are... Ride The Jolley Trolley™ CoastalRoute 727-445-1200 www.clearwaterjolleytrolley.com Follow us on CLEVELAND STREET DISTRICT IN DOWNTOWN CLEARWATER TARPON SPRINGS RIVERWALK SHOPS DODECANESE BOULEVARD G3 G3 J5 J4 F4 E3 F3G5 E3 E3 J3 J2 J4 J3 B1 F2 A1 B1 BC1 B1 B1 E5 B1 B1 The Jolley Trolley CoasTal rouTe sChedule ––––––––––––––––––––––--––––––––––––––––––––––––––––– NorThBouNd rouTe –––––––––––––––––––––––––––––––––––––––––––––––--–––––– sToP # 1 2 3 4 5 6 7 8 9 10 11 12 14loCaTIoN Publix Park street (PsTa) Post office Tony’s Pizza dolphin’s Tale sea sea riders dunedin City hall Curlew Causeway ozona Blue Peggy o’Neill’s alderman east Tarpon Blvd. rusty Bellies aM . . . . . . 10:00 10:08 Sat & Sun 10:12 10:17 10:22 10:26 10:30 10:30 10:37 10:40 10:42 10:43 10:55 11:00 11:08 Only 11:12 11:17 11:22 11:26 11:30 11:30 11:37 11:40 11:42 11:43 11:55 12:00 12:08 Sat & S u 12:12 12:17 12:22 12:26 12:30 PM . . . . . . 12:30 12:37 12:40 12:42 12:43 12:55 1:00 1:08 Sat & Su 1:12 1:17 1:22 1:26 1:30 1:30 1:37 1:40 1:42 1:43 1:55 2:00 2:08 Sat & Sun 2:12 2:17 2:22 2:26 2:30 2:30 2:37 2:40 2:42 2:43 2:55 3:00 3:08 3:12 3:17 3:22 3:26 3:30 3:30 3:37 3:40 3:42 3:43 3:55 4:00 4:08 Friday startt 4:12 4:17 4:22 4:26 4:30 Continues every 60 minutes until finish Friday, Saturday and Sunday . . . . . . Finish Fri. & sat. 11:30 11:37 11:40 11:42 11:43 11:55 12:00 11:08 11:12 11:17 11:22 11:26 11:30 Finish sunday 9:30 9:37 9:40 9:42 9:43 9:55 10:00 9:08 9:12 9:17 9:22 9:26 9:30 ––––––––––––––––––––––--––––––––––––––––––––––––––––– souThBouNd rouTe ––––––––--–––––––––––––––––––––––––––––––––––––––---––––– sToP # 14 16 17 18 19 21 22 23 24 25 26 1 loCaTIoN rusty Bellies Florida ave. ozona Blue dunedin Causeway Beso del sol dunedin City hall Pinellas Trail edgewater at union st. Clw. harbor Marina starbucks Park street (PsTa) Publix aM . . . . . . 10:14 10:20 10:23 10:30 10:30 10:45 Sat & Sun 10:48 10:52 10:56 11:00 11:03 11:06 11:14 12:20 11:23 11:30 11:30 11:45 Only 11:48 11:52 11:56 12:00 12:03 12:06 12:14 13:20 12:23 12:30 12:30 12:45 Sat & Sun 12:48 12:52 12:56 1:00 1:03 1:06 1:14 1:20 1:23 1:30 PM . . . . . . 1:30 1:45 Sat & Sun 1:48 1:52 1:56 2:00 2:03 2:06 2:14 2:20 2:23 2:30 2:30 2:45 Sat & Sun 2:48 2:52 2:56 3:00 3:03 3:06 3:14 3:20 3:23 3:30 3:30 3:45 Friday start 3:48 3:52 3:56 4:00 4:03 4:06 4:14 4:20 4:23 4:30 Continues every 60 minutes until finish Friday, Saturday and Sunday . . . . . . Finish Fri. & sat. 11:30 11:45 11:47 11:52 11:56 12:00 11:03 11:06 11:14 11:20 11:23 11:30 Finish sunday 9:30 9:45 9:47 9:52 9:56 10:00 9:03 9:06 9:14 9:20 9:23 9:30 FARE REDUCED* (SENIOR/DISABLED) Regular Cash Fare (per ride) $ 2.00 $ 1.00 ★ Best Value ★ Unlimited Daily Pass (end of day) $ 4.50 $ 2.25 Weekly Pass (7 days) $20.00 N/A Monthly Pass (31 days) $65.00 $35.00 oTher NoTes reGardING Fares: All fare classifications displayed above are valid on the Jolley Trolley (JT) and PSTA system-wide network. Passes are interchangeable between the two service providers. *Government-issued photo ID or Medicare card required. Children 5 and under ride free. All pass sales are final; non-redeemable, non- refundable, and non-transferable. Jolley Trolley not responsible for lost, stolen or damaged cards. Jolley Trolley Coastal route Fare sTruCTure Tickets & passes can be purchased from the Jolley Trolley drivers. (Exact change required.) COVER PHOTO: ROGER SlATER, CCS PhotograPhy 727.517.5689 GRAPHIC DESIGN by: Joy MILForD joym78889@gmail.com PRODuCED by: MarC DozIer, IPI ConSuLtantS 727.485.5352 727-445-1200 Operates every Friday, Saturday & SundaysaFeTy harBor sChedule EaStBOund rOutE————————————————————— A B C D E dunedin Countryside McMullen safety safety City hall Mall at Booth & harbor harbor route 580 enterprise City hall spa Friday 6:30 pm 6:13 6:17 6:25 6:28 sat. & sun. 10:10 am 10:13 10:17 10:25 10:28 Continues every 60 minutes WEStBOund rOutE————————————————————— E D C B A safety safety McMullen Countryside dunedin harbor harbor Booth & Blvd next City spa City hall enterprise to Mall hall Friday 6:28 pm 6:31 6:31 6:47 7:00 sat. & sun. 10:28 am 10:31 10:41 10:47 11:00 Continues every 60 minutes Friday Starts at 6:00 pm in Dunedin with final departure from Safety Harbor at 11:28 pm Saturday Starts at 10:00 am in Dunedin with final departure from Safety Harbor at 11:28 pm Sunday Starts at 10:00 am in Dunedin with final departure from Safety Harbor at 9:28 pm www.clearwaterjolleytrolley.com V9 n7 n7 o8 Q9 o8 P8 t10 t9 S9 S8 S9 o8 r8 t9 r9 S9 u9 u9 u9 D3 n7 M7 u9 K3 M7 h4n8 e1h1 e1 M7 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1732 Agenda Date: 10/1/2015 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Amend the Clearwater Code of Ordinances, Appendix A - Schedule of Fees, Rates and Charges, and pass Ordinance 8775-15 on first reading. SUMMARY: This amendment to Appendix A, Schedule of Fees, Rates and Charges is to include a rate for commercial recycling customers who are serviced with semi-automated carts. This corrects an oversight/omission from the rate structure of Ordinance 8748-15, which was adopted on August 6, 2015. The rates included in this addition comply with the October 15, 2014 recommendation by the Burton and Associates Rate Study. Page 1 City of Clearwater Printed on 9/30/2015 ORDINANCE NO. 8775-15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXIV, PUBLIC WORKS-FEES, RATES AND CHARGES, (3)(D) RECYCLING, OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, to comply with the October 15, 2014 Burton & Associates Rate Study recommendations, it is determined to be fair and reasonable to establish fees, rates and service charges based on the cost to serve the various classes of customers, as detailed by the proposed changes to Appendix A, Schedule of Fees, Rates, and Charges, Article XXIV, Public Works Fees, Rates, and Charges; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Appendix A, Schedule of Fees, Rates, and Charges, Article XXIV Public Works--Fees, Rates, and Charges, Section (3)(d) Solid Waste Collection Rates be amended by adding the underlined and deleting the stricken language as follows: XXIV. PUBLIC WORKS—FEES, RATES AND CHARGES ********* (3) Rates: ********* (d) Recycling. ********* 3. Multi-family recycling: Monthly charges for once-weekly collection of recyclables at each multi-family complex, per living unit: Effective 10/1/2014 10/1/2015 10/1/2016 10/1/2017 10/1/2018 $1.88 $1.95 $2.02 $2.10 $2.18 4. Commercial RecyclingService with commercial container (uncompacted): [A04-02088 /174231/1]2 Ordinance 8755-15 a. Service with commercial container (uncompacted)Cardboard recycling: i. Cardboard recycling Fiscal Year 2016 Effective Date 10/1/2015 Size Times per Week Pickup (cubic yard)1 2 3 4 5 2 $29.49 $53.88 $79.60 $107.78 $143.46 3 38.16 69.71 101.26 139.25 185.63 4 45.84 84.57 123.30 170.14 226.84 6 61.98 115.06 168.13 232.33 310.02 8 78.26 145.70 213.12 294.70 393.41 Fiscal Year 2017 Effective Date 10/1/2016 Size Times per Week Pickup (cubic yard)1 2 3 4 5 2 $30.60 $55.90 $82.59 $111.82 $148.84 3 39.59 72.32 105.06 144.47 192.59 4 47.56 87.74 127.92 176.52 235.35 6 64.30 119.37 174.43 241.04 321.65 8 81.19 151.16 221.11 305.75 408.16 Fiscal Year 2018 Effective Date 10/1/2017 Size Times per Week Pickup (cubic yard)1 2 3 4 5 2 $31.75 $58.00 $85.69 $116.01 $154.42 3 41.07 75.03 109.00 149.89 199.81 4 49.34 91.03 132.72 183.14 244.18 6 66.71 123.85 180.97 250.08 333.71 8 84.23 156.83 229.40 317.22 423.47 [A04-02088 /174231/1]3 Ordinance 8755-15 Fiscal Year 2019 Effective Date 10/1/2018 Size Times per Week Pickup (cubic yard)1 2 3 4 5 2 $32.94 $60.18 $88.90 $120.36 $160.21 3 42.61 77.84 113.09 155.51 207.30 4 51.19 94.44 137.70 190.01 253.34 6 69.21 128.49 187.76 259.46 346.22 8 87.39 162.71 238.00 329.12 439.35 ii. Mixed recycling (single stream) Fiscal Year 2016 Effective Date 10/1/2015 Size Times per Week Pickup (cubic yard)1 2 3 4 5 2 $41.28 $75.43 $111.44 $150.88 $200.84 3 53.42 97.60 141.76 194.96 259.88 4 64.17 118.39 172.61 238.19 317.57 6 86.77 161.07 235.38 325.26 434.02 8 109.56 203.97 298.36 412.58 550.77 Fiscal Year 2017 Effective Date 10/1/2016 Size Times per Week Pickup (cubic yard)1 2 3 4 5 2 $42.83 $78.26 $115.62 $156.54 $208.37 3 55.42 101.26 147.08 202.27 269.63 4 66.58 122.83 179.08 247.12 329.48 6 90.02 167.11 244.21 337.46 450.30 8 113.67 211.62 309.55 428.05 571.42 [A04-02088 /174231/1]4 Ordinance 8755-15 Fiscal Year 2018 Effective Date 10/1/2017 Size Times per Week Pickup (cubic yard)1 2 3 4 5 2 $44.44 $81.19 $119.96 $162.41 $216.18 3 57.50 105.06 152.60 209.86 279.74 4 69.08 127.44 185.80 256.39 341.84 6 93.40 173.38 253.37 350.11 467.19 8 117.93 219.56 321.16 444.10 592.85 Fiscal Year 2019 Effective Date 10/1/2018 Size Times per Week Pickup (cubic yard)1 2 3 4 5 2 $46.11 $84.23 $124.46 $168.50 $224.29 3 59.66 109.00 158.32 217.73 290.23 4 71.67 132.22 192.77 266.00 354.66 6 96.90 179.88 262.87 363.24 484.71 8 122.35 227.79 333.20 460.75 615.08 b. Service with semi-automated cartsMixed recycling (single stream): i. Cluster of 1, 2, 3 or 4 carts with once-weekly collection: Fiscal Year Beginning 10/1/2014 10/1/2015 10/1/2016 10/1/2017 10/1/2018 $32.28 $33.49 $34.75 $36.05 $37.40 ii. Each additional cluster: Fiscal Year Beginning 10/1/2014 10/1/2015 10/1/2016 10/1/2017 10/1/2018 $32.28 $33.49 $34.75 $36.05 $37.40 ********* Section 2. Upon adoption, this ordinance shall take effect on October 1, 2015. [A04-02088 /174231/1]5 Ordinance 8755-15 PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk