05/01/2017Monday, May 1, 2017
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Work Session
Work Session Agenda
May 1, 2017Council Work Session Work Session Agenda
1. Call to Order
2. Finance
Amend the Clearwater Code of Ordinances, Section 2.527 - Settlement
of Claims, to increase the City Manager or his/her designee authority to
settle and release, on behalf of the City, any claim or lawsuit, both for
and against the City, up to and including $50,000, which is an increase
from its current amount of $25,000; approve any settlement that
exceeds $15,000 (currently $7,500) shall be reviewed by the City
Attorney and/or designee and any claim that exceeds $25,000 (currently
$15,000) shall require unanimous written concurrence of the City
Manager, City Attorney and Risk Manager or their designees and pass
Ordinance 9031-17 on first reading.
2.1
3. Engineering
Approve a Work Order to Engineer of Record (EOR) McKim and Creed
of Clearwater, Fl, in the amount of $170,847 for Lift Station 45 Force
Main Replacement (17-0016-UT), and authorize the appropriate officials
to execute same. (consent)
3.1
Approve Amendment 1 to Local Agency Program (LAP) Agreement
between Florida Department of Transportation (FDOT) and the City of
Clearwater to increase federal funding by $67,981 for the construction of
Druid Trail Phase IV, extend the agreement to October 31, 2018,
authorize the appropriate officials to execute same and adopt
Resolution 17-18.
3.2
Approve the final plat for Stevenson Creek Townhomes, whose physical
address is 1112 Stevenson Avenue, located on the North-easterly
corner of Stevenson Avenue and the Pinellas Trail. (consent)
3.3
Award a construction contract to PCL Construction Inc. for the Marshall
Street Water Reclamation Facility (WRF) Influent Pump Station Repair
(16-0038-UT) in the amount of $1,349,525.00, which is the lowest
responsible bid received in accordance with the plans and
specifications; approve a Supplemental Work Order to Engineer of
Record (EOR) McKim and Creed, Inc. in the amount of $65,280.00 for
construction management and engineering inspection services and
authorize the appropriate officials to execute same. (consent)
3.4
Award a construction contract to RTD Construction, Inc. of Zephyrhills,
FL in the amount of $430,076, approve Engineer of Record (EOR) Tetra
Tech Inc. supplemental Work Order in the amount of $97,988 for the
Reverse Osmosis Plant 1- Pressure Filter Modifications and Adsorption
System Automation Project (15-0031-UT) and authorize the appropriate
officials to execute same. (consent)
3.5
Page 2 City of Clearwater Printed on 5/1/2017
May 1, 2017Council Work Session Work Session Agenda
4. Planning
Update on the transportation planning work program conducted by the
Planning and Development Department. (WSO)
4.1
5. Public Utilities
Authorize a purchase order (contract) to Andritz Separation of Arlington,
TX in the annual amount of $300,000.00, with the option for two,
one-year term extensions for the purchase of parts and service and
authorize the appropriate officials to execute same. (consent)
5.1
6. Legal
Request for authority to settle the case of Gail Scott vs. City of
Clearwater Case No. 16-003177-CI for $65,000.00. (consent)
6.1
Request for authority to appeal an order final summary judgment
against the City in the case of Bayesplanade.com , LLC v. City of
Clearwater (Case No. 16-000697-CI). (consent)
6.2
Adopt Ordinance 8980-17 on second reading, amending the future land
use element of the Comprehensive Plan of the city to change the land
use designation for a 0.72 acre portion of certain real property whose
post office address is 2251 Montclair Road, Clearwater, Florida 33763,
from Preservation (P), to Residential Medium (RM).
6.3
Adopt Ordinance 8981-17 on second reading, amending the Zoning
Atlas of the city by rezoning a 0.72 acre portion of certain real property
whose post office address is 2251 Montclair Road, Clearwater, Florida
33763, from Preservation (P) to Medium High Density Residential
(MHDR).
6.4
Adopt Ordinance 9008-17 on second reading, annexing certain real
property whose post office address is 3115 Johns Parkway, Clearwater,
Florida 33759, together with certain right-of-way of Johns Parkway, into
the corporate limits of the city and redefining the boundary lines of the
city to include said addition.
6.5
Adopt Ordinance 9009-17 on second reading, amending the future land
use element of the Comprehensive Plan of the city to designate the land
use for certain real property whose post office address is 3115 Johns
Parkway, Clearwater, Florida 33759, upon annexation into the City of
Clearwater as Residential Urban (RU).
6.6
Page 3 City of Clearwater Printed on 5/1/2017
May 1, 2017Council Work Session Work Session Agenda
Adopt Ordinance 9010-17 on second reading, amending the Zoning
Atlas of the city by zoning certain real property whose post office
address is 3115 Johns Parkway, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
6.7
Adopt Ordinance 9011-17 on second reading, annexing certain real
properties whose post office addressees are 3052, 3059, and 3070 Hoyt
Avenue, all within Clearwater, Florida 33759, together with certain
rights-of-way of Hoyt, Moss, and Merrill Avenues, Terrace View Lane,
Lake Vista Drive, Glen Oak Avenue East and Glen Oak Avenue North,
into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
6.8
Adopt Ordinance 9012-17 on second reading, amending the future land
use element of the Comprehensive Plan of the city to designate the land
use for certain real properties whose post office addressees are 3052,
3059, and 3070 Hoyt Avenue, all within Clearwater, Florida 33759, upon
annexation into the City of Clearwater as Residential Low (RL).
6.9
Adopt Ordinance 9013-17 on second reading, amending the Zoning
Atlas of the city by zoning certain real properties whose post office
addressees are 3052, 3059, and 3070 Hoyt Avenue, all within
Clearwater, Florida 33759, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR).
6.10
7. City Manager Verbal Reports
Sidewalk Improvement on Island Way7.1
8. City Attorney Verbal Reports
9. Council Discussion Item
Waiver of Comprehensive Sign Fee - Councilmember Jonson9.1
10. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
11. Closing Comments by Mayor
12. Adjourn
13. Presentation(s) for Council Meeting
Page 4 City of Clearwater Printed on 5/1/2017
May 1, 2017Council Work Session Work Session Agenda
Swim Across America Day Proclamation - Swim Across America
Tampa Bay
13.1
Youth Sportsmanship Awards13.2
Federal Session Update Presentation (CMO) - Greg Burns, Van Scoyoc
Associates
13.3
Page 5 City of Clearwater Printed on 5/1/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9031-17
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Finance
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Amend the Clearwater Code of Ordinances, Section 2.527 - Settlement of Claims, to
increase the City Manager or his/her designee authority to settle and release, on behalf of
the City, any claim or lawsuit, both for and against the City, up to and including $50,000,
which is an increase from its current amount of $25,000; approve any settlement that
exceeds $15,000 (currently $7,500) shall be reviewed by the City Attorney and/or designee
and any claim that exceeds $25,000 (currently $15,000) shall require unanimous written
concurrence of the City Manager, City Attorney and Risk Manager or their designees and
pass Ordinance 9031-17 on first reading.
SUMMARY:
The Risk Management Division of the Finance Department respectfully requests this
amendment to allow for settlement of claims to be more efficient and to acknowledge that
current claims settlement authorization levels are not sufficient, since settlements have
become increasingly more expensive since 1980, which is the date of the original Ordinance.
In reviewing the 22 claims that went to Council for settlement approval from June 2014 to
March 2017, 10 of those claims fell between $25,000 and $50,000. By increasing the
settlement authority to $50,000, it will provide for the following benefits:
·Allow recognition that claims values have increased since 1980, the date of the original
Ordinance, due to medical and legal expenses.
·Greater flexibility for Risk Management and the Claims Committee to settle claims
quicker, therefore reducing workload, claims severity and legal expenses.
·Reduce the amount of time for review and approval of these settlements arising from
one on one’s with councilmembers, presentations at council work sessions and council
meetings.
Risk Management believes the recommended changes to this Section will increase the
efficiency and provide a financial benefit of reducing claims severity and legal payments.
Page 1 City of Clearwater Printed on 5/1/2017
Ordinance No. 9031-17
ORDINANCE NO. 9031-17
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 2, SECTION 2.527, CODE OF
ORDINANCES, RELATING TO SETTLEMENT OF CLAIMS, TO
INCREASE THE AMOUNT OF SETTLEMENT AUTHORIZATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the settlement authorization extended to the city manager, the risk
manager and staff has not been increased since 1980; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Chapter 2, Section 2.527, Code of Ordinances is amended to read as follows:
Sec. 2.527. - Settlement of claims.
(1) The city manager or his/her designee is authorized to settle and release, on
behalf of the city, any claim or lawsuit both for and against the city, up to and
including $25,000.00 $50,000.00; provided, however, that any settlement that
exceeds $7,500.00 $15,000.00 shall be reviewed by the city attorney and/or
designee and any claim that exceeds $15,000.00 $25,000.00 shall require
unanimous written concurrence of the city manager, city attorney and risk manager
or their designees.
(2) Delegation of settlement authority. The city manager may delegate the
authorization to settle claims pursuant to subsection (1) of this section to other city
employees as the city manager may deem appropriate.
(3) City council approval of settlements. Any proposed settlement of any claim
resulting in non-reimbursed expenditure of city funds that exceeds $25,000.00
$50,000.00, shall first be approved by the city council before the settlement can
become final and binding upon the city.
Section 2. This ordinance shall take effect immediately upon adoption.
Ordinance No. 9031-172
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3385
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Approve a Work Order to Engineer of Record (EOR) McKim and Creed of Clearwater, Fl, in
the amount of $170,847 for Lift Station 45 Force Main Replacement (17-0016-UT), and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater’s Lift Station 45 has a 16-in. force main which transfers wastewater
collected from the Sand Key service area to Lift Station 16. The force main is approximately
5,000 linear feet (LF) and is located along Gulf Blvd between Lift Station 45 and the Sand Key
Bridge.
This section of the force main has been repaired several times since 2007; the latest repair
occurred in December 2016 after a pipeline break and subsequent minor spill.
The City has decided to replace the force main in its entirety because of the repeated repairs
and it is approaching 40 years of service.
Engineer of Record McKim and Creed will evaluate, design, and permit the replacement of the
forcemain for Lift Station 45.
APPROPRIATION CODE AND AMOUNT:
382-96654-561300-535-000-0000 $170,847
Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with
2018 revenue bonds as a funding source were included in the project list associated with
Resolution 17-10.
Sufficient budget for interim financing or funding with 2018 Water and Sewer Revenue bond
proceeds, when issued, is available in bond project 0382-96654, Facilities Upgrade and
Improvements to fund the work order.
Page 1 City of Clearwater Printed on 5/1/2017
GULF BLVD B AY W A Y B L V D
S G U L F V I E W B L V D PARKWAY DR LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.294 A 17-29s-15e04/04/2017Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale:
LS-45 FORCE MAIN REPLACEMENT
Path: V:\GIS\Eng ineering\Location Maps\LS-45 force main replacement.mxd
PROJECTAREA
CLEARWATER PASS
CLEARWATER HARBORGULF OFMEXICOSAND KEYPARK
GULF BLVD
WORK ORDER INITIATION FORM 1 of 9 Revised:2/11/2016
1365 Hamlet Ave Clearwater, FL 33756, (727) 442‐7196
WORKORDERINITIATIONFORM
fortheCITYOFCLEARWATER
Date:January20,2017
ProjectNumber:
CityProjectNumber 17-0016-UT
1.PROJECT TITLE:
LiftStation45ForceMainReplacement
2.SCOPE OF SERVICES:
TheCityofClearwater(City)ownsandoperatesLift Station45 anditsassociated16‐inch
forcemainwhichtransferwastewatercollectedfromtheSandKeyserviceareatoLift
Station16 and,subsequently,totheMarshalStreetAdvancedWastewaterTreatment
Plant(AWWTP).Theforcemainisapproximately5,000LFinlengthandis locatedalong
GulfBoulevardbetweenLiftStation45 andtheSandKeyBridge.Theforcemainwas
originallyconstructedinthe1970’sandconsistedofductileironmaterial.
Approximately1,300LFoftheoriginalforce mainwasreplacedcirca2000withPVC
materialas partofa JPA withPinellasCounty.Thissectionofthe forcemain hasbeen
repairedseveraltimessince2007;thelatestrepairoccurredinDecember,2016aftera
pipelinebreakandsubsequentminorspill.ConsideringtherepeatedrepairsonthePVC
forcemain,theremainingforcemainisapproaching40‐yearsofservices,theincreased
focus/requirementsforspills,andtherealimpactsto thesurroundingpropertiesand
waterresources,theCity decidedto replacetheforcemain initsentirety.
TheCityhasrequestedMcKim&Creed(Consultant)toprovideprofessionalengineering
servicesneededto evaluate,design,andpermitthereplacementforcemain. Thework
includedwiththisscopeofservicesincludesthefollowingtasks:
TASK1.0PROJECTMANAGEMENTANDADMINISTRATION
Task1.1–ProjectSetup:Consultantwilldevelopprojectdocumentsandfilingsystems
neededto administertheprojectsuch asprojectschedule,projectmanagementplan,
projectQA/QCplan,projectsafety plan,hardandelectronicfilesystems,andsub‐
contractagreements.
WORK ORDER INITIATION FORM 2 of 9 Revised:2/11/2016
Task1.2–StatusReportsandProjectAdministration:Administertheprojectand
providemonthlystatus reportsoftheprogressofthisscopeofworkto accompany
monthlyinvoices.
Task1.3‐ProjectMeetings:Consultantwillscheduleandattenda totalofsevenproject
meetingsduringtheimplementationoftheprojectincluding:
1.ProjectKick‐OffMeeting
2.TechnicalMemorandumReviewMeeting
3.FDEPpre‐applicationmeeting(domesticwastewatercollection/transmission
systemconstructionpermit)
4.FDEPpre‐applicationmeeting(environmentalresourcepermit)
5.PinellasCountypre‐applicationmeeting(ROWUtilizationPermit)
6.60%SubmittalReviewMeeting
7.90%SubmittalReviewMeeting
TheConsultantwillpreparethemeetingminutesanddistributetotheattendees.
TASK2.0PRELIMINARYDESIGNSERVICES
Task2.1–DataCollectionandReview:Consultantwillconductasitevisitandreview
existingrecorddrawingsandutility atlasmapsto becomefamiliarwiththeobstacles
withinthecorridoranddevelopdesignstrategiestominimizecommunity impactsand
costs.
Task2.2–DraftTechnicalMemorandum: A DraftTechnicalMemorandumwith
proposedforcemainalignment,recommendedinstallationtechniquesandaconceptual
costestimatewillbedevelopedandsubmittedto theCityforreview. Fivehardcopies
andanelectronic PDF copy(viae‐mail)of technicalmemowillbe provided.
Task2.3–FinalTechnicalMemorandum:IncorporatecommentsfromtheDraft
TechnicalMemorandumReviewMeetingandfinalizethetechnicalmemorandum. Five
signed& sealedhardcopiesandan electronicPDF copyofmemo (viae‐mail)willbe
provided.
TASK3.0FINALDESIGNSERVICES
Task3.1–UtilityCoordination:TheConsultantwillexecute adesignticketwith
“SunshineOne”to identifytheexisting utilityowners intheareaoftheproposed
project.Aerialdrawingsoftheprojectareawillbesubmittedtothe identifiedutility
ownersformarkupoftheirfacilities.This informationwillbeincorporatedintothe30%
DesignDrawings.
Task 3.2– Survey Services: Based on the alignment recommended in the approved
Technical Memorandum, Consultant will perform a topographical survey of Lift
Station 45 property and the selected right‐of‐way (ROW). The survey for the force
main replacement (approximately 5,000 LF) will show above grade features
including curb,sidewalks, driveways, trees and their drip lines, light poles, mail boxes,
water meters,
WORK ORDER INITIATION FORM 3 of 9 Revised:2/11/2016
valve boxes, fire hydrants, concrete, and asphalt. Topographic cross sections will be
taken at a frequency to indicate apparent grade changes but not greater than 50‐ft
apart. The survey will extend 5‐ft beyond Lift Station 45 property and the selected side
oftheROWalong GulfBoulevardforthelengthoftheimprovements.
Task3.3– SUEServices:Conductsubsurfaceutilityengineering(SUE)atpotentialutility
conflictareas.A totalof30‐test holeshavebeenbudgetedforthisproject.Locationof
thetestholeswillbeshownon theconstructionplanswithacorrespondingtable
showingtheresultsofthetestholesincludingtestholenumber, utilitytype,depthto
topofpipe,pipediameterandpipematerial.
Task 3.4 – Geotechnical Services:Geotechnical services will be performed to determine
the suitability of in situ soils and general subsurface soil conditions within the project
area. It is anticipated that six auger borings will be conducted to a depth of ten‐feet
below the existing grade to assist with the open cut design. Additionally, four standard
penetration tests to a depth of 30‐ft will be conducted to assist with trenchless
installation locations. Visual soil classification, based on the Unified Soil Classification
System (USCS) of the samples collected will be conducted in the laboratory for each
boring completed along with seasonal high groundwater levels. Additionally corrosion
testing will be performed on four soil locations. Following the analyses, a report will be
prepared containing the results of the field testing and laboratory analysis with
recommendations for specifying construction parameters that will assist in design and
constructionoftheproposedforcemain.
Task3.5–60%DesignDocuments:Consultantwillprepare60%drawings,technical
specificationsandopinionofprobableconstructioncost.Thedrawingswillconsistof
coversheet, drawingindex,generalnotes,surveyinformation,planviewofthe
proposedinstallations,andcivil,mechanicalandmaintenanceoftrafficdetails. Five
copiesofthedocumentswillbe providedtotheCityforreviewandcomment.
Task3.6–90%DesignDocuments:Consultantwillprepare90%drawings,technical
specificationsandopinionofprobableconstructioncostbasedonthecomments
receivedduringthe60%ReviewMeeting.Thedrawings willexpandupon the60%
Designbyincludingplanandprofiledrawings,geotechnicaldataandSUElocates.
SpecificationswillincludetheCity’sfrontenddocumentsandgeotechnicalreport.The
City’sstandardtechnicalsectionswillbeutilizedwherepossibleandamendedif
requiredtomeettheneedsofthe project.Fivecopiesofthedocumentswill be
providedto theCity forreview andcomment. Thesedocumentswillbesubmittedto the
regulatoryreviewingagenciestoobtaintherequiredpermitsto constructtheproject.
Task3.7–Issuedfor BidDocuments:Consultantwillprepare IssuedforBid(IFB)
drawings,technicalspecificationsandopinionofprobableconstructioncostbasedon
thecommentsreceivedduringthe90%ReviewMeetingandthose receivedfromthe
regulatoryagencies.ItisanticipatedthatthesedocumentswillbeusedbytheCityto
solicitbidsfromContractors. Fivecopiesofthedocumentswill beprovidedto theCity;
onecopywill besignedandsealedfortheCity’sfile. The IFB documents will alsobe
providedelectronicallytotheCity inAutoCADformatandadditionally,alongwiththe
specifications,inPDFformat.
WORK ORDER INITIATION FORM 4 of 9 Revised:2/11/2016
TASK4.0PERMITTING
Task4.1–FloridaDepartmentofEnvironmentalProtection(FDEP)Domestic
WastewaterCollection/TransmissionSystemConstructionPermit:Prepareandsubmit
thepermitapplicationto theFDEPto constructtheforcemain.Addressthe
Department’srequestforinformation(RFI)neededtoobtainthepermit.Consultantwill
paythe$500.00forthepermitapplicationfee.
Task4.2–FloridaDepartmentofEnvironmentalProtection(FDEP)Environmental
ResourcePermit(ERP):PrepareandsubmitaGeneralNoticeEnvironmentalResource
PermitapplicationtotheFDEPtoconstructtheforcemain.AddresstheDepartment’s
requestforinformation(RFI)neededto obtainthepermit.Consultantwillpaythe
$250.00forthepermitapplicationfee.
Task 4.3– Pinellas County ROW Utilization Permit:Prepare and submit ROW Utilization
Permit application for County Road 183 (Gulf Boulevard). Address the County’s request
forinformation(RFI)neededto obtainthepermit.Permitfeesarenotanticipated.
TASK5.0BIDDING
Task5.1–Pre‐bidConference:Attend onePre‐BidConferenceto reviewtheproject
requirementswiththeCityandprospectiveContractors.Consultantwillprovide
answerstotechnicalquestions;contractualquestionswillbeansweredbytheCity.
Task5.2–RFIReviewandResponse:Reviewandrespondto theContractor’sRequest
forInformation(RFI)byprovidingclarifications,and/orrevisionstothespecifications
anddrawings.TheCity willberesponsiblefordistributingtheaddendato theplan
holders.
Task5.3–BidEvaluation:Consultant willassisttheCityin theevaluationof the
apparentlowbidderbyreviewingthethreelowestbidsubmittalsformathematical
accuracy,reviewingtheirqualificationsagainstthestatedrequirementsandcontacting
theprovidedreferencesforpastworkexperience.
Task5.4 ‐RecommendationLetter:Consultantwill providetheCitywithawritten
recommendationlettertoawardthecontract.
AdditionalInformation
CitywillprovideavailableRecordDrawingsandAtlas Mapsoftheirfacilitieswithin
theprojectareaalongwithanyavailabledocumentsshowingthepreviousrepairsof
theforcemain.
ConstructionservicescanbeprovidedunderaseparateWorkOrder.
3.PROJECT GOALS:
Themain projectgoalisto replacetheagingforcemaininfrastructurebetweenLiftStation45
andthe southendof theSandKey Bridge.
WORK ORDER INITIATION FORM 5 of 9 Revised:2/11/2016
Deliverablesfortheprojectwillinclude:
MonthlyStatusReportswithInvoice
ProjectMeetingMinutes
o ProjectKick‐OffMeeting
o DraftTechnicalMemorandumReviewMeeting
o 60%DesignReviewMeeting
o 90%DesignReviewMeeting
o PermittingReviewAgencyPre‐applicationMinutes
FDEPWastewaterCollection/TransmissionSystemConstructionPermit
FDEPEnvironmentalResourcePermit
PinellasCountyROWUtilization
o Pre‐constructionMeeting
o ConstructionProgressMeetings
DraftandFinalTechnicalMemorandum:
o FivehardcopiesandoneelectronicPDF copyeach
60%and90%DesignDocuments
o FivehardcopiesandoneelectronicPDF copyeach
IssuedforBidContractDocuments
o Fivehardcopies(onecopysignedandsealed)andoneelectronicPDFcopy
Two signedandsealedhardcopiesoftheGeotechnicalReport
ConstructionPermits:
o FDEPWastewaterCollection/TransmissionSystemConstructionPermit
o FDEPEnvironmentalResourcePermit
o PinellasCountyROWUtilizationPermit
LetterofRecommendationtoawardproject
4.BUDGET:
See attachment “B”
Thispriceincludes alllaborandexpensesanticipated to beincurredbyMcKim&Creed,Inc.for
thecompletionofthesetasksinaccordancewithProfessionalServicesMethod“B”–LumpSum
–PercentageofCompletionby Task,for afeenotto exceedOneHundredSeventy Thousand,
Eight HundredandForty‐SevenDollars($170,847.00).
5.SCHEDULE:
ProjectschedulewillcommenceuponreceiptofwrittenauthorizationfromtheCity. The
projectistobecompletedwithin 224calendardays fromissuanceofnotice‐to‐proceed.The
projectshallbephasedasfollows:
Kick‐offMeeting 10calendar days
Draft Technical Memorandum 28calendardays
Final Technical Memorandum 56calendardays
60% Design 84calendar days
WORK ORDER INITIATION FORM 6 of 9 Revised:2/11/2016
90% Design and Permit Submittal 140calendardays
Issuedfor Bid Documents 224calendardays
6.STAFF ASSIGNMENT (Consultant):
A.StreetLee,PE–Principal‐in‐Charge
DavidC.Wehner,PE–SeniorProjectManager
KevinDickinson,EI‐EngineerIntern
7.CORRESPONDENCE/REPORTING PROCEDURES:
Engineer’sprojectcorrespondenceshallbedirectedto:
DavidC.Wehner,PE
AllCity projectcorrespondenceshallbedirectedto:
Todd Kuhnel withcopies toothersasmay beappropriate.
8.INVOICING/FUNDING PROCEDURES:
Forworkperformed,invoicesshallbesubmittedmonthlytotheCityofClearwater,Engineering
Department,Attn.:VeronicaJosef,SeniorStaffAssistant,POBox4748,Clearwater,Florida
33758‐4748.
CityInvoicingCode:0382-96654-561300-535-000-0000
9.INVOICING PROCEEDURES
Ataminimum, inadditiontotheinvoiceamount(s)thefollowinginformationshallbe provided
onallinvoicessubmittedontheWork Order:
A.PurchaseOrderNumberandContractAmount.
B.Thetime period(beginandenddate)coveredbytheinvoice.
C.Ashortnarrativesummaryofactivitiescompletedinthetimeperiod
D.Contractbillingmethod–LumpSumorCostTimesMultiplier
E.IfLumpSum,thepercentcompletion,amountdue,previousamountearnedandtotal
earnedto dateforall tasks(direct costs, ifany,shallbeincluded in lumpsumamount).
F.IfCostTimesMultiplier,hours,hourlyrates,namesofindividualsbeingbilled,amountdue,
previousamountearned,totalearned todateforeach taskandotherdirectcosts(receipts
will berequiredforany singleitemwith acostof$50orgreateror cumulative monthly
expenses greaterthan$100).
G.IftheWorkOrderisfundedbymultiplefundingcodes,anitemizationoftasksandinvoice
amountsbyfundingcode.
WORK ORDER INITIATION FORM 7 of 9 Revised:2/11/2016
10.SPECIAL CONSIDERATIONS:
A.TheconsultantnamedaboveisrequiredtocomplywithSection119.0701,FloridaStatutes
(2013)whereapplicable.
B.Designreviewmeetingstobeheldwithintwo(2)weeksofsubmittal.
PREPARED BY:APPROVEDBY:
A. StreetLee, PE MichaelD.Quillen,PE
Senior Vice President CityEngineer
McKim & Creed, Inc.CityofClearwater
Date Date
WORK ORDER INITIATION FORM 8 of 9 Revised:2/11/2016
CITYOF CLEARWATER
ENGINEERINGDEPARTMENT
WORKORDERINITIATIONFORM
CITYDELIVERABLES
1.FORMAT
Thedesignplansshallbecompiledutilizingthefollowingmethods:
1.CityofClearwaterCADstandards.
2.Datum:HorizontalandVerticaldatum shallbereferencedto NorthAmericanVertical
Datumof1988(vertical)andNorthAmericanDatumof1983/90(horizontal).Theunitof
measurementshallbetheUnitedStatesFoot.Anydeviationfromthisdatumwillnot be
acceptedunlessreviewedbyCityofClearwaterEngineering/GeographicTechnology
Division.
2.DELIVERABLES
Thedesignplansshallbe produced onbondmaterial,24" x36" at a scaleof 1"= 20’ unless
approvedotherwise.Uponcompletiontheconsultantshalldeliveralldrawingfilesindigital
formatwithallproject datainAutodesk Civil3D file format.If notavailableLandDesktopfiles
arestillacceptable,howevertheCity orClearwateriscurrentlyphasingoutLandDesktop.
NOTE:IfapproveddeviationfromClearwaterCADstandardsareusedtheConsultantshall
includeallnecessaryinformationtoaidinmanipulatingthedrawingsincludingeitherPCP,CTB
fileorpenscheduleforplotting.Thedrawingfileshallincludeonlyauthorizedfonts,shapes,line
typesorotherattributescontainedin thestandardreleaseofAutodesk,Inc.software.Allblock
referencesandreferencescontainedwithinthedrawingfileshallbeincluded.Pleaseaddress
anyquestionsregarding formatto Mr.TomMahony, at(727)5624762oremailaddress
Tom.Mahony@myClearwater.com.
Allelectronicfiles (CADandSpecificationfiles)mustbedelivereduponcompletionofprojector
with100% plansubmittaltoCityofClearwater.
WORK ORDER INITIATION FORM 9 of 9 Revised:2/11/2016
Attachment “B”
Lift Station 45 Force Main Replacement
McKim & Creed, Inc.
WORKORDERINITIATIONFORM
PROJECTBUDGET
Task Description Sub‐consultant
Services
Labor Total
1.0 Project Management and Administration
1.1 Project Setup $2,988
1.2 Status Reports and Project Administration $4,952
1.3 Project Meetings $4,921
$12,861
2.0 Preliminary Engineering
2.1 Data Collection and Review $1,996
2.2 Draft Technical Memorandum $7,959
2.3 Final Technical Memorandum $3,997
$13,952
3.0 Final Engineering
3.1 Utility Coordination $2,801
3.2 Survey Services $26,850 $26,850
3.3 SUE Services $18,850
3.4 Geotechnical Services $7,669 $7,669
3.5 60%Design Documents $31,813
3.6 90%Design Documents $25,823
3.7 IssuedforBidDocuments $9,785
$123,591
4.0 Permitting
4.1 FDEP Wastewater Permit $5,588
4.2 FDEP ERP $3,820
4.3 Pinellas County ROW Utilization Permit $3,470
$12,878
5.0 Bidding Services
5.1 Pre‐bid Conference $1,251
5.2 RFI Review and Response $3,790
5.3 Bid Evaluation $1,838
5.4 Recommendation Letter $686
$7,565
Grand Total $170.847
11007 8
th Avenue East, Bradenton, Florida 34212 Phone: 941-748-4693 Fax: 941-744-1643
January 24, 2017
David C. Wehner, PE
McKim & Creed, Inc.
1365 Hamlet Avenue
Clearwater, FL 33756
Re: Proposal for Professional Surveying Services
Lift Station 45 Force Main – Topographic Route Survey
City of Clearwater, Florida
Dear Mr. Wehner:
Pursuant to the information you provided, Hyatt Survey Services, Inc. is pleased to submit this proposal for
the following professional surveying services required on the above-referenced project:
I.Topographic Route Survey:
SCOPE OF SERVICES
a.Hyatt Survey will perform a Topographic Survey of the proposed Lift Station 45 force main
route as located along Gulf Boulevard on Sand Key in Clearwater, Florida and outlined in
the attached exhibit. The survey limits include approximately 5,000 lf of existing road right
of way and the associated lift station 45 site. (See attached exhibits)
b.The survey limits will extend from the centerline of Gulf Boulevard east to a point five (5’)
east of the eastern right of way line.
c.Right-of-way lines for Gulf Boulevard will be based on the last deed of record for each
adjoining property and or FDOT Right-of-Way Maps. No Title Searches will be performed
by Hyatt Survey as part of this scope of services.
d.Hyatt Survey will locate visible aboveground site improvements, utilities and
appurtenances. Underground utilities will be graphically depicted on the survey drawing(s)
in accordance with visible appurtenances. Hyatt Survey Services, Inc. will assume NO
responsibility for the completeness and/or accuracy of any subsurface data represented on
the survey drawing(s) from information provided by others.
e.Hyatt Survey will determine site elevations on a maximum one-hundred (100) foot grid, at
grade breaks, at changes in direction on curbing/pavingto the limits detailed above.
f.Hyatt Survey will locate/identify living trees with a 4-inch or greater DBH (diameter @
breast height).
g.All data will be referenced to the Florida State Plane Coordinate System, West Zone
(NAD83 datum) and the NAVD88 vertical datum.
11007 8
th Avenue East, Bradenton, Florida 34212 Phone: 941-748-4693 Fax: 941-744-1643
David C. Wehner, PE
McKim & Creed, Inc.
January 24, 2017
Page 2
h.Hyatt Survey will supply a CAD file containing the information detailed above and up to six
(6) signed and sealed surveys as the final deliverables.
i.All work will be completed within 45 days of receipt of a written “notice to proceed.”
Hyatt Survey proposes to provide these services for the lump sum fees of $ 26,850.00
All work will be performed in accordance with the standards of practice outlined in Chapter 5J-17 of the
Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
I have attached our standard “General Contract, Provisions and Conditions”as part of this agreement. To
accept this proposal, please sign where indicated below and return a copy of this document as your
acceptance of this agreement and our authorization to proceed.
If you have any questions or comments, please do not hesitate to contact me at 941-748-4693. I look
forward to working with you on this project.
Sincerely,
HYATT SURVEY SERVICES, INC.
Pamela A. Hyatt, P.S.M.
President
Accepted by:McKim & Creed, Inc.
Sign here:Date:
Print name here:
11007 8
th Avenue East, Bradenton, Florida 34212 Phone: 941-748-4693 Fax: 941-744-1643
EXHIBIT
11007 8
th Avenue East, Bradenton, Florida 34212 Phone: 941-748-4693 Fax: 941-744-1643
ATTACHMENT “A”
GENERAL CONTRACT
Provisions & Conditions
Services to be rendered under this Contract Agreement (Agreement) between Hyatt Survey
Services, Inc. (Hyatt Survey) and the Client are based upon those provisions as set forth
in the original proposal letter (Proposal) and are included together with and made part of
this Agreement. The Proposal and these General Contract Provisions & Conditions
represent the entire understanding between the Client and Hyatt Survey. Any
modifications in the terms of this Agreement must be executed in writing and accepted by
both parties involved.
A.Description of Services:
1.The Basic Services to be performed under this contract are limited to those “Scope of
Services” items as specifically stated on the attached proposal and no others.
2.Any Additional Services requested after the commencement date of this project will be
considered as Additional Services to the Basic Services. All additional Services will be
subject to additional compensation either at Hyatt Survey’s current hourly rate schedule or
at a rate as agreed to by both Hyatt Survey and the Client.
B.Standard Provisions:
1.The Proposal is valid for a period of thirty (30) days from the date thereon. All hourly rates
quoted are subject to revision quarterly, unless otherwise agreed upon by both parties.
2.Hyatt Survey will carry and maintain worker’s compensation, general liability, professional
liability and comprehensive automobile liability insurances for the period of this contract.
Proof of insurance will be furnished upon request. Coverage requested above the
established company limits may be available upon agreement for reimbursement for
additional expenses by the Client.
3.Payments to Hyatt Survey are the sole responsibility of the signatory of the Agreement and
are not subject to any third party compensation condition or agreement. Invoices are
rendered as agreed upon, but not to exceed monthly, and are deemed due and payable
upon receipt. Outstanding invoices over thirty (30) days past due from the date on the
invoices are deemed “past due” and subject to a finance charge of 1 ½ percent per month.
Invoice payments must be kept current and are not to exceed 30 days. After this 30 days
all work may be subject to suspension, unless otherwise agreed upon by both parties.
4.Either the Client or Hyatt Survey may, with seven (7) days written notice, terminate this
agreement, if the other party fails to perform under the terms of this contract. If termination
of the project is through no fault of Hyatt Survey, Hyatt Survey will be compensated for all
services performed to date, including all reimbursable expenses along with a 10%
“Termination Expense Assessment” of all remaining unbilled project fees per this
agreement. Additional project mobilization or start up fees may be added to any fee
remaining after termination of a project, if the project is reactivated after a period of ten (10)
days.
11007 8
th Avenue East, Bradenton, Florida 34212 Phone: 941-748-4693 Fax: 941-744-1643
5.Hyatt Survey’s services under this contract do not include participation in any actions of
litigation. All expert witness services are to be provided by and compensated for under a
separate contract as negotiated and executed by the parties.
6.The Client and Hyatt Survey agree that no warranties, guarantees, representations, or
statements of any nature have been relied upon and used as a basis for this agreement,
unless contained herein or as may be implied to in Florida Statutes.
7.Hyatt Survey is not responsible for any failure to perform under any conditions which arise
from causes beyond Hyatt Survey’s reasonable control or which may be caused by any
unavoidable or unforeseeable action arising beyond any reasonable Hyatt Survey or Client
control.
8.To the fullest extent provided by law, and withstanding any other provision of this
Agreement, the total aggregate liability due to any error, omission or other professional
negligence will be limited to a total sum of $10,000.00 or the fee agreed upon under this
Agreement (less any third part costs), whichever is greater.
9.Any errors, omissions or deficiencies on any document issued by Hyatt Survey and
observed by the Client or his representative, must be reported only to Hyatt Survey
promptly in order to facilitate mitigation of any claimed losses, which may arise or be due.
10.Hyatt Survey will be entitled to collect it’s costs and reasonable attorney’s fee incurred in
the collection of any fee due Hyatt Survey; including all fees incurred in any litigation
resulting from the enforcement of any of the terms of this Agreement.
11.All original documents and files, both digital and hardcopy, resulting from the Agreement
are and will remain the property of Hyatt Survey. Hyatt Survey will furnish six (6) copies of
the final product as directed for delivery by the Client. Any reuse or reissue of drawings or
documents must be approved by Hyatt Survey and must be limited to the specific purpose
stated on the face of the document. The Client will hold Hyatt Survey harmless from all
claims arising from unauthorized acts of reissuance or reuse of any document of service in
this Agreement.
12.The Client will approve all sub-contracts or sub-consultants prior to engagement by Hyatt
Survey on their behalf. Hyatt Survey may act as an Authorized Agent only when both the
Client and Hyatt Survey properly execute a written agreement.
DRIGGERS ENGINEERING SERVICES INCORPORATED
Geot e chnical Engineering & Construction Materials Testing
McKim &Creed,Inc. January 26,2017
1365 Hamlet Avenue
Clearwater,Florida 33756
Attention: Mr .David C.Wehner,P.E.
Senior Project Manager
RE: Proposal for Geotechnical Services
Lift Station 45 Force Main Replacement
Gulf Boulevard
Sand Key,Florida
Our File:DES 1710567P
Dear Mr.Wehner:
Pursuant to your request,DRIGGERS ENGINEERING SERVICES,INC.(DESI),is
pleased to furnish this revised proposal for providing geotechnical engineering services for the
subject project.Presented herein is a brief discussion of the anticipated scope of services together
with requested fees based upon the discussed scope of services.
GEOTECHNICAL INVESTIGATION PROGRAM
Based on the information provided,the overall project consists of about 5,000 lineal feet
of force main .A geotechnical investigation program is warranted to provide subsurface soils and
groundwater information that will be used by prospective contractors.The proposal herein will
address the scope of services requested.
SOIL BORINGS -You have requested four (4)Standard Penetration Test (SPT) borings along
the alignment.The borings are budgeted to a depth of30 feet below grade.The locations of the
borings have not yet been provided.However,we have assumed these deeper borings will take
place where potential HDD methods will be used for installation.A series of six (6)hand auger
borings was also requested along the alignment to a depth of 10 feet.The locations of these
borings have not yet been established either.
The Standard Penetration Test (SPT)method will be utilized to obtain penetration
resistance values indicative of the relative density or consistency of the soils penetrated as well as
soil samples for examination and laboratory classification testing.
Sarasota
Phone:727.471.6655
Fax:941 .371.8962
saroffice@dr iggers-eng.com
Clearwater
P.O.Box 17839 •Clearwater ,Florida 33762
Phone:727 .571 .1313 •Fax:727.471 .6653
clwoffice@driggers -eng.com
Spring Hill
Phone :727.471.6657
Fax :727.471.6653
sphil loff ice@driggers-eng .com
2
We have also anticipated that the borings will generally be conducted within the road right
of way off the edge of pavement which will require minimal maintenance of traffic .However,
based on our inspection,this will necessitate closing the sidewalk on the east side of the road to
permit performing the borings. Where borings are desired that cannot be conducted off the edge
of pavement due to the presence of underground utilities,the borings may need to be moved into
the roadway which will necessitate a temporary lane closure in accordance with proper FDOT
maintenance of traffic procedures.The estimate herein,though,is based on performing the
borings off the edge of pavement and assumes a temporary sidewalk closure is permissible .
Excess drill cuttings will be removed from each work area.We have also budgeted for
cement grouting each borehole to prevent borehole collapse as well as to positively seal the
borehole to prevent a preferential seepage path for drilling fluid during potential horizontal
directional drilling.
LABORATORY CLASSIFICATION TESTING -Laboratory classification tests will be
performed on representative samples to aid in assessing the engineering properties of the
subsurface soils.Our laboratory tests will include grainsize analyses,Atterberg limits and organic
content tests where warranted. Corrosivity testing is also included.
REPORT PRESENTATION-Theresults ofourfield and laboratory studieswill be included in
ageotechnicalreportencompassingapresentationanddiscussionofthefollowing:
1.Logs of the exploratory borings including both Unified Soil Classification
System and AASHTO designations and soil boring profiles
2.Results of laboratory testing
3.Discussion of subsurface soil and groundwater conditions including
estimates of wet season groundwater levels
4.Recommendations for subgrade and fill preparation
5.Recommendations relative to directional drilling
6.Suitability of excavated soils for use as backfill
7.Geotechnical soil parameters as may be applicable to the design of earth
retention systems at entry-exit points
8.General geotechnical recommendations for control and management of
groundwater
9.Geotechnical construction considerations
Driggers Engineering Services Incorporate d
3
Driggers Engineering Services Incorporated
REQUESTED FEES
Based on the above discussed scope of services and the attached unit fee schedule we
request a budget of $7,669.00.In the event that conditions are encountered that would necessitate
altering the scope of services,or additional services are requested,we will contact you and secure
your authorization prior to exceeding this budget.
Our fee proposal is based upon the following conditions:
1.McKim and Creed will provide a boring location plan for approximate locations
of the borings prior to drilling activities.
2.DESI will coordinate with Sunshine State One Call with respect to utility
notification.We have also assumed we will be provided with all available
information with respect to existing utilities
3.We have assumed that the borings will be conducted off the edge of pavement
within the right of way requiring minimal MOT signage.
4.We have assumed we will be permitted to temporarily close the sidewalk in the
vicinity where the borings are taking place.
5.DESI will secure appropriate permits from the County for our field work.We do
not anticipate the need for securing any FDOT permits.
6.All test borings will be cement grouted so as to avoid future borehole collapse as
well as seal any preferential seepage paths that could impact any directional
drilling.
DRIGGERS ENGINEERING SERVICES, INC. appreciates this opportunity to be of
service to you on this project. Should you have any questions, please do not hesitate to contact
theundersigned atyourconvenience.
Respectfully submitted;
DRIGGERS ENGINEERING SERVICES,INC.
riggers,P .E.
chnical Engineer
WSD-PR0/1710567
Copiessubmitted:
Driggers Engineering Services Incorporated
UNIT FEES AND ESTIMATED COSTS
ITEM DESCRIPTION UNIT FEE
ESTIMATED
AMOUNT
ESTIMATED
COST
l.Mobilization and Demobilization $350.00 LS 350.00
2.Boring Layout, Coordination of
Utility Locates and Permit
125.00/Hr.4 Hrs .500.00
a)Permit Cost 150.00 LS 150.00
3.Standard Penetration Test Borings
(4@ 30')
a)Maintenance of Traffic 150.00/Day 2 Days 300.00
Equipment Rental
b)Maintenance ofTraffic,Clean-235 .00/Hr.2 Hrs.470.00
Up,Hole to Hole Setup (0.5 Hr.per
hole)
c) Soil (Truck-Mounted Equipment)13.00/LF 120 LF 1,560.00
d)Temporary Casing 6.25/LF 0 LF 0.00
e)Borehole Grouting 5.00/LF 120 LF 600.00
4 .Hand Auger Borings
(6@ 10')
10.00/LF 60LF 600.00
5.Laboratory Testing
a)Grainsize Analyses 30.00 Ea.10 300.00
b)Organic Content Tests 30.00 Ea.4 120.00
c)Atterberg Limits Determinations 65 .00 Ea .2 130.00
d)Corrosivity Series 250.00 Ea.3 750.00
(pH, S04,CL,resistivity)
6.CAD D Operator 70.00/Hr .4 Hrs.280 .00
7 .Clerical 59.50/Hr.2 Hrs.119.00
8.Engineering Analysis and Report 180.00/Hr.8 Hrs .1.440.00
TOTAL ESTIMATED COST:$7,669.00
Note:The above unit fees are consistent with our current continuing services agreement with the City of Clearwater
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3396
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 3.2
SUBJECT/RECOMMENDATION:
Approve Amendment 1 to Local Agency Program (LAP) Agreement between Florida
Department of Transportation (FDOT) and the City of Clearwater to increase federal funding
by $67,981 for the construction of Druid Trail Phase IV, extend the agreement to October 31,
2018, authorize the appropriate officials to execute same and adopt Resolution 17-18.
SUMMARY:
January 19, 2017, City Council approved a Local Agency Program (LAP) agreement between
the City of Clearwater and the Florida Department of Transportation (FDOT) and authorized
the City to build the final section of the Druid Trail which will tie into the terminus of Druid Trail
Phase III. Druid Trail Phase IV is an eight foot wide multiuse asphalt trail on Druid Road from
Evergreen Avenue (Glen Oaks Park) to the Duke Energy Trail.
Upon completion of design estimated costs were higher than anticipated. In order to rectify
this FDOT has agreed to cover the increase of $67,981. City funds will remain at $687,807.
FDOT federal funding will be increased from $2,223,803 to $2,291,784. The overall project
value increases from $2,911,610 to $2,979,591.
The LAP agreement is expected to go into effect in May 2017 and the project is to be
completed by October 31, 2018. Maintenance of the facilities for the trail will be the
responsibility of the Parks and Recreation Department and Traffic Operations Division of the
Engineering Department.
City staff recommends approval of the LAP agreement and adoption of Resolution 17-18.
APPROPRIATION CODE AND AMOUNT:
0315-92146-334411-000-000-0000 $67,981
A midyear budget amendment will increase budget only of Grant Revenue in Capital
Improvement project 0315-92146, Druid Road Improvement.
Page 1 City of Clearwater Printed on 5/1/2017
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
OGC– 08/15
Page 1 of 15
FPN: 432580 1 58 01 Fund: ACTA, ACTU & TALU FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: 432580 1 68 01 Fund: TALU FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
County No:15 Contract No: Vendor No:
FDOT Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No:
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS LOCAL AGENCY PROGRAM AGREEMENT (“Agreement”), is made and entered into this day of
, between the State of Florida, Department of Transportation, an agency of the State of Florida
(“Department”), and City of Clearwater (“Agency”).
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement,
the parties agree as follows:
1.Authority: The Agency, by Resolution No. dated the day of , 20 , a
copy of which is attached as Exhibit “F” and made a part of this Agreement, has authorized its officers to execute this
Agreement on its behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this
Agreement.
2.Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in in the
construction of Druid Trail phase IV from S Evergreen Avenue To Duke Energy Trail , as further described in Exhibit "A",
Project Description and Responsibilities attached to and incorporated in this Agreement (“Project”), to provide Department
financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to
set forth the manner in which the Project will be undertaken and completed.
3. Term of Agreement: The Agency agrees to complete the Project on or before 10/31/2018. If the Agency does
not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as
provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the
Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the
Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the
Department.
4. Project Cost:
A. The total cost of the Project is $ 2,979,591.00. This amount is based upon the schedule of funding in
Exhibit "B", Schedule of Funding attached to and incorporated in this Agreement. The Agency agrees to
bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of
funding may be modified by mutual agreement as provided for in paragraph 5.I.
B. The Department agrees to participate in the Project cost up to the maximum amount of $2,291,784.00
and as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to
the actual amount of Federal-aid participation.
C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It
is understood that Department participation in eligible Project costs is subject to:
i.Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
OGC– 08/15
Page 2 of 15
ii. Availability of funds as stated in subparagraphs 5.L. and 5.M. of this Agreement;
iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement; and
iv. Department approval of the Project scope and budget at the time appropriation authority
becomes available.
5. Requisitions and Payments:
A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be performed and the criteria for evaluating
successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables
are described more fully in Exhibit “A”.
B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”.
Deliverables must be received and accepted in writing by the Department’s Project Manager prior to
payments.
C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be
borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. All costs charged to the Project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of the charges.
D. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Agency and must also establish that the required minimum level of service to be performed based on
the criteria for evaluating successful completion as specified in Exhibit “A” was met.
E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida
Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
F. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida
Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the
Department shall notify the Agency of the deficiency to be corrected, which correction shall be made
within a time-frame to be specified by the Department. The Agency shall, within five days after notice from
the Department, provide the Department with a corrective action plan describing how the Agency will
address all issues of contract non-performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is
unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent
to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current
billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency
is subsequently resolved, the Agency may bill the Department for the retained amount during the next
billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the
end of the Agreement’s term.
G. Agencies providing goods and services to the Department should be aware of the following time frames.
Inspection and approval of goods or services shall take no longer than 20 days from the Department’s
receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the
Department of Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
OGC– 08/15
Page 3 of 15
If a payment is not available within 40 days, a separate interest penalty at a rate as established pu rsuant
to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency.
Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment.
Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay
in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516.
H. Records of costs incurred under the terms of this Agreement shall be maintained and made available
upon request to the Department at all times during the period of this Agreement and for five years after
final payment is made. Copies of these documents and records shall be furnished to the Department
upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records, of the contractor and all subcontractors
performing work on the project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
I. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency
and approved by the Department. The Agency shall maintain said schedule of funding, carry out the
Project, and shall incur obligations against and make disbursements of Project funds only in conformity
with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a Local Agency Program (“LAP”) Supplemental Agreement between the Department and the
Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon
determination of the agency’s contract award amount. If revised, a copy of the Supplemental Agreement
shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it
complies with fund participation requirements of this Agreement and i s approved by the Department’s
Comptroller.
J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Agency owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any
amount pursuant to this paragraph shall not be considered a breach of contract by the Department.
K. The Agency must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
L. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fi scal year prior to costs being
incurred. See Exhibit “B” for funding levels by fiscal year. Project costs utilizing these fiscal year funds
are not eligible for reimbursement if incurred prior to funds approval being received. The Department will
notify the Agency, in writing, when funds are available.
M. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year,
the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so made shall be
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executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts
of the Department which are for an amount in excess of $25,000 and which have a term
for a period of more than 1 year."
6.Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor
requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of
this Agreement, the Department may elect by notice in writing not to make a payment if:
A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement
or amendment to its application, or with respect to any document or data furnished with its application or
pursuant to this Agreement;
B. There is any pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the
Project;
C. The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires
the approval of the Department or has made a related expenditure or incurred related obligations without
having been advised by the Department that same are approved;
D. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.; or
E. The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway
Administration (“FHWA”), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.
In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to
the Department’s issuance of a Notice to Proceed (“NTP”), costs incurred after the expiration of the Agreement, costs
which are not provided for in the latest approved schedule of funding in Exhibit “B” for the Project, costs agreed to be
borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice
time lines, and costs attributable to goods or services received under a contract or other arrangements which have not
been approved in writing by the Department.
7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The
Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and
directives as described in the Department's Local Agency Program Manual, which by this reference is made a part of this
Agreement. Time is of the essence as to each and every obligation under this Agreement.
A. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible
charge of the Project, which employee should be able to perform the following duties and functions:
i.Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid projects;
ii.Maintains familiarity of day to day Project operations, including Project safety issues;
iii.Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;
iv.Visits and reviews the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;
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v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minim ize fraud, waste, and abuse;
vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
oversight, including proper documentation;
vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and
consultant staff at all stages of the Project.
B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department on a quarterly basis, beginning from the day the
NTP is issued. If the Agency fails to submit quarterly invoices to the Department , and in the event the
failure to timely submit invoices to the Department results in the “FHWA” removing any unbilled funding or
the loss of State appropriation authority (which ma y include the loss of state and federal funds, if there
are state funds programmed to the Project), then the Agency will be solely responsible to provide all
funds necessary to complete the Project and the Department will not be obligated to provide any
additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related to the loss
of State appropriation authority. In addition to the loss of funding for the Project, the Department will also
consider the de-certification of the Agency for future LAP Projects. No cost may be incurred under this
Agreement until after the Agency has received a written NTP from the Department. The Agency agrees to
advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to
advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP
Administrator should be notified as soon as possible.
C. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Agency, and the Project is off the state highway system, then the Department will have
to request repayment for the previously billed amounts from the Agency. No state funds can be used on
off-system projects, unless authorized pursuant to Exhibit “G ”, State Funds Addendum, which will be
attached to and incorporated in this Agreement in the event state funds are used on the Project.
D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Agency to enter into this Agreement or to undertake the
Project or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate
and consummate, as provided by law, all actions necessary with respect to any such matters.
E. The Agency shall initiate and prosecute to completion all pr oceedings necessary, including Federal-aid
requirements, to enable the Agency to provide the necessary funds for completion of the Project.
F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Agency shall use the
Department’s Local Agency Program Information Tool and applicable information systems as required.
G. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable
federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and
policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be
paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with
the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines
that any amount claimed is not eligible, federal participation may be approved in t he amount determined
to be adequately supported and the Department shall notify the Agency in writing citing the reasons why
items and amounts are not eligible for federal participation. Where correctable non -compliance with
provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is
obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in
parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal
reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse
the Department for all such amounts within 90 days of written notice.
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H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual
report of its real property acquisition and relocation assistance activities on the project. Activities shall be
reported on a federal fiscal year basis, from October 1 through September 30. The report must be
prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the
Department no later than October 15 of each year.
8. Audit Reports: The administration of resources awarded through the Department to the Agency by this
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of addit ional audits or evaluations of f ederal awards or
limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official.
The Agency shall comply with all audit and audit reporting requirements as specified below.
A. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F – Audit
Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may
include but not be limited to on-site visits by Department staff and/or other procedures including,
reviewing any required performance and financial reports, following up, ensuring corrective action, and
issuing management decisions on weaknesses found through audits when those findings pertain to
federal awards provided through the Department by this Agreement. By entering into this Agreement, the
Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial
Officer (CFO) or State of Florida Auditor General.
B. The Agency, a non-federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years
beginning on or after December 26, 2014, as a subrecipient of a f ederal award awarded by the
Department through this Agreement is subject to the following requirements:
i. In the event the Agency expends a total amount of federal awards equal to or in excess of the
threshold established by OMB Circular A-133, for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years
beginning on or after December 26, 2014, the Agency must have a federal single or program-
specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-
133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions
of 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after
December 26, 2014. Exhibit “1”, Federal Financial Assistance (Single Audit Act) to this
Agreement provides the required federal award identification information needed by the Agency
to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F – Audit Requirements,
for fiscal years beginning on or after December 26, 2014. In determining federal awards
expended in a fiscal year, the Agency must consider all sources of federal awards based on when
the activity related to the federal award occurs, including the federal award provided through the
Department by this Agreement. The determination of amounts of federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F – Audit
Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by
the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for
fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200,
Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014, will
meet the requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the
auditee responsibilities as provided in OMB Circular A -133, for fiscal years beginning before
December 26, 2014, and as provided in 2 CFR Part 200, Subpart F – Audit Requirements, for
fiscal years beginning on or after December 26, 2014.
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iii. In the event the Agency expends less than the threshold established by OMB Circular A-133, for
fiscal years beginning before December 26, 2014, and established by 2 CFR P art 200, Subpart F
– Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal
awards, the Agency is exempt from federal audit requirements for that fiscal year. However, the
Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit
period for each applicable audit year. In the event the Agency expends less than the threshold
established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and
established by 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or
after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F – Audit Requirements,
for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from
non-federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources
obtained from other than federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-
133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200,
Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014, within
the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end
of the audit period. The FAC is the repository of record for audits required by OMB Circular A-
133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part
200, Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014,
and this Agreement. However, the Department requires a copy of the audit reporting package
also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after
receipt of the auditor’s report(s) or nine months after the end of the audit period as required by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2
CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after December
26, 2014.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the
Agency’s audit reporting package, including corrective action plans and management letters, to
the extent necessary to determine whether timely and appropriate action on all deficiencies has
been taken pertaining to the f ederal award provided through the Department by this Agreement. If
the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F –
Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department
may impose additional conditions to remedy noncompliance. If the Department determines that
noncompliance cannot be remedied by imposing additional conditions, the Department may take
appropriate actions to enforce compliance, which actions may include but not be limited to the
following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Agency
or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and
federal awarding agency regulations (or in the case of the Department, recommend such
a proceeding be initiated by the federal awarding agency);
5. Withhold further federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this federal award, the Agency shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to Agency’s records including
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financial statements, the independent auditor’s working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
vii. The Department’s contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of five years from the date the audit report is issued and shall allow the Department, or its
designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency
shall ensure that the audit working papers are made available to the Department, or its designee, the
CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit
report is issued unless extended in writing by the Department.
9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or
all of the Agency’s obligations under this Agreement until such time as the event or condition resulting in such suspension
has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest
of the Department requires such termination.
A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall
notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within
thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the
deficiency that requires correction. If the deficiency is not corrected within such time period, the
Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.B. below, or
(2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event
the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the
Department in correcting the deficiency.
B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination
in writing, with instructions to the effective date of terminati on or specify the stage of work at which the
Agreement is to be terminated.
C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the
percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment,
however, shall not exceed the equivalent percentage of the contract price. All work in progress on
Department right-of-way will become the property of the Department and will be turned over promptly by
the Agency.
D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any
contractor, sub-contractor or materials vendor to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in
conjunction with this Agreement unless the records are exempt.
E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall
proceed promptly to carry out the actions required in such notice, which may include any or all of the
following: (a) necessary action to terminate or suspend, as the case may be, Project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the
basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and
contracts and other undertakings the cost of which are otherwise includable as Project costs. The
termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as
approved by the Department or upon the basis of terms and conditions imposed by the Department upon
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the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. Th e
closing out of federal financial participation in the Project shall not constitute a waiver of any claim which
the Department may otherwise have arising out of this Agreement.
10. Contracts of the Agency:
A. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract
or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the Project without the
written approval of the Department. Failure to obtain such approval shall be sufficient cause for
nonpayment by the Department. The Department specifically reserves the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of such
consultant or contractor.
B. It is understood and agreed by the parties to this Agreement that participation by the Department in a
project with the Agency, where said project involves a consultant contract for engineering, architecture or
surveying services, is contingent on the Agency’s complying in full with provisions of Section 287.055,
Florida Statutes, Consultants’ Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23
U.S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Agency shall certify to
the Department that selection has been accomplished in compliance with the Consultants’ Competitive
Negotiation Act and the federal Brooks Act.
C. The Agency shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Agency shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit “C”, FHWA 1273 attached to and incorporated in this Agreement.
The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work
on the Project.
11.Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that
DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE’s have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and
subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and
regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in
compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by
applicable federal, state, and local laws and regulations, including the “Certification R egarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” in 49 C.F.R. Part 29, and 2 C.F.R. Part 200
when applicable.
13.Performance Evaluations: Agencies are evaluated on a project-by-project basis. The evaluations provide
information about oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency’s person in responsible charge or designee as part of the Project closeout process. The Department provides the
evaluation to the Agency no more than 30 days after final acceptance.
A. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the
Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Agency developed the
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Project in accordance with applicable federal and state regulations, standards and procedures, with
minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency
developed the Project in accordance with applicable federal and state regulations, standards and
procedures, without District involvement/oversight.
B. The District will determine which functions can be further delegated to Agencies that continuously earn
Satisfactory and Above Satisfactory evaluations.
14.Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the
Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the
following provisions:
A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the
regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto. The Agency shall include the attached Exhibit “E”, Title VI Assurances in all
contracts with consultants and contractors performing work on the Project that ensure compliance with
Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and assurance by the Agency pursuant thereto.
C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity;
and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
D. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a
bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work; may not submit bids on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with
any public entity.
E. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have
further been determined by the Department to be a non-responsible contractor may not submit a bid or
perform work for the construction or repair of a public building or public work on a contract with the
Agency.
F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be
included in the Project in which any member, officer or employee of the Agency or the locality during
tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such
interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the
Department, may waive the prohibition contained in this paragraph provided that any such present
member, officer or employee shall not participate in any action by the Agency or the locality relating to
such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in
connection with the Project or any property included or planned to be included in any Project, and shall
require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
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The provisions of this paragraph shall not be applicable to any agreement between the Agency and its
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
G. No member or delegate to the Congress of the United States shall be admitted to any share or part of th is
Agreement or any benefit arising therefrom.
15. Indemnification and Insurance:
A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of any part of this Agreement to create in the public or any member thereof, a third party
beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the
Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or
consultants/subconsultants who perform work in connection with this Agreement:
“To the fullest extent permitted by law, the Agency’s contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its 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
the contractor and persons employed or utilized by the contractor in the performance of this
Contract.”
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency’s
sovereign immunity.
To the fullest extent permitted by law, the Agency’s consultant shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its 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
the consultant and persons employed or utilized by the consultant in the performance of this
Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency’s
sovereign immunity.”
B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injur y limits of at least
$200,000 per person and $300,000 each occurrence, and property damage insurance of at least
$200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The
Agency shall also, or cause its contractor or consultant to carry and keep in force Workers’ Compensation
Insurance as required by the State of Florida under the Workers’ Compensation Law. With respect to any
general liability insurance policy required pursuant to this Agreement, all such policies s hall be issued by
companies licensed to do business in the State of Florida. The Agency shall provide to the Department
certificates showing the required coverage to be in effect with endorsements showing the Department to
be an additional insured prior to commencing any work under this Agreement. Policies that include Self
Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any
material change in or cancellation of the policies reflecting the required coverage, thirty days advance
notice shall be given to the Department or as provided in accordance with Florida law.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
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16.Miscellaneous Provisions:
A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for
any liability arising from non-compliance with these regulations, and will reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits. The Agency shall include in all contracts and subcontracts for amounts in excess of $150,000, a
provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387).
B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
Agreement.
C. In no event shall the making by the Department of any payment to the Agency constitute or be construed
as a waiver by the Department of any breach of covenant or any default which may then exist on the part
of the Agency and the making of such payment by the Department, while any such breach or default shall
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to
such breach or default.
D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected .
In such an instance, the remainder would then continue to conform to the terms and requirements of
applicable law.
E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the
Department in writing in order that appropriate changes and modifications may be made by the
Department and the Agency to the end that the Agency may proceed as soon as possible with the
Project.
G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit
to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Agency a written approval with
any approved portions of the Project and comments or recommendations covering any remainder of the
Project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency a written approval with said remainder
of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the
Department.
H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all
applicable federal and state requirements. Certification is required prior to authorization for
advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is
required.
I. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance
with applicable plans and specifications, is in place on the Agency’s facility, adequate title is in the
Agency’s name, and the Project is accepted by the Agency as suitable for the intended purpose.
J. The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of
the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
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Page 13 of 15
continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection
with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this
paragraph be included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for
lobbying the Legislature, the judicial branch or a state agency.
K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection
services on the Project.
L. The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will
will not maintain the improvements made for their useful life.
M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any
time a review conducted by Department and or FHWA reveals that the applicable federal guidelines,
procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the
funds, the Agency will be responsible for repayment to the Department of all funds awarded under the
terms of this Agreement.
N. The Agency:
i.shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the
employment eligibility of all new employees hired by Agency during the term of the contract; and
ii.shall expressly require any contractor and subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E -
Verify system to verify the employment eligibility of all new employees hired by the subcontractor
during the contract term.
O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of
this Agreement with a signature on behalf of a party will be legal and binding on such party.
P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the
competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from
state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991,
Florida Statutes.
R. Exhibits
i.Exhibit “A”, Project Description and Responsibilities, is attached and incorporated into this
Agreement.
ii.Exhibit “B”, Schedule of Funding, is attached and incorporated into this Agreement.
iii.If this Project includes Phase 58 (construction) activities, then Exhibit “C”, FHWA FORM 1273,
is attached and incorporated into this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
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Page 14 of 15
iv.An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this
Project, then Exhibit “D”, Alternative Pay Method, is attached and incorporated into this
Agreement.
v.Exhibit “E”, Title VI Assurances is attached and incorporated into this Agreement.
vi.Exhibit “F”, the Agency Resolution authorizing entry into this Agreement, is attached and
incorporated into this Agreement.
vii.State Funds are used on this Project. If State Funds are used on this Project, then Exhi bit “G”,
State Funds Addendum, is attached and incorporated into this Agreement.
viii.This Project is located off the State Highway System and includes funding for landscaping. If
this Project is located off the State Highway System and includes funding for landscaping, then
Exhibit “L”is attached and incorporated into this Agreement.
ix.This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit “R” is attached and incorporated into this Agreement.
x.This Project includes funding for a roadway lighting system. If the Project includes funding for
roadway lighting system, Exhibit “RL” is attached and incorporated into this Agreement.
xi.This Project includes funding for traffic signals and/or traffic signal systems. If this Project
includes funding for traffic signals and/or traffic signals systems, Exhibit “T” is attached and
incorporated into this Agreement.
xii.Exhibit “1”, Federal Financial Assistance (Single Audit Act) is attached and incorporated into this
Agreement.
xiii.State Funds are used on this Project. If State Funds are used on this Project, then Exhibit “2”,
State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this
Agreement.
The remainder of this page intentionally left blank.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROGRAM MANAGEMENT
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Page 15 of 15
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.
AGENCY City of Clearwater STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Name: Michael Quillen, P.E. Name: William Jones, PE
Title: City Engineer/Engineering Director Title: Director of Transportation Development
Attest:
Title:
Legal Review:
___________________________________________________
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT “F”
AGENCY RESOLUTION
525-010-40F
PROGRAM MANAGEMENT
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Page 1 of 1
The agency Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
RESOLUTION NO. 17-18
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE AMENDMENT OF A
LOCAL AGENCY PROGRAM AGREEMENT BETW EEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE CITY OF CLEARWATER FOR THE
CONSTRUCTION OF THE DRUID TRAIL PHASE IV
IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Department of Transportation and the City have mutually agreed on a
set of plans for the construction of the Druid Trail Phase IV improvements; and
WHEREAS, funding is being i n c r e a s e d by Transportation Enhancement funds
in the Florida Department of Transportation State Work Program in the amount of
$67,981.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, AS FOLLOWS:
Section 1. The City Council hereby accepts and approves the Druid Trail Local
Agency Program Agreement between the Florida Department of Transportation and the City of
Clearwater and authorizes the execution of the same.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2017.
George N. Cretekos
Mayor
Approved as to form: Attest:
Matthew M. Smith Rosemarie Call
Assistant City Attorney City Clerk
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT “A”
PROJECT DESCRIPTION AND RESPONSIBILITIES
525-010-40
PROGRAM MANAGEMENT
OGC - 08/15
Page 1 of 3
FPN: 432580 1 58/68 01
This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of
Transportation and
City of Clearwater, date , 2017
PROJECT LOCATION:
The project is on the National Highway System.
The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: 2.937 Miles
PROJECT DESCRIPTION: This project entails the construction activities and Construction Engineering Services (CEI) of
Druid Trail Phase IV from S Evergreen Avenue to Duke Energy Trail. This project will construct a 8 foot asphalt shared
use trail on the south side of Druid Road East with a 6 inch concrete header curb.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department’s contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
For projects off the State Highway System, the Agency will submit design plans for review and approval at 60%, 100%
and final. For projects on the State Highway System, the Agency will submit design plans for all project phases. The
Agency will not begin the construction phase until the Department has reviewed, approved plans and issued a Notice to
Proceed. Construction related activities, including project advertisement, conducted prior to Notice to Proceed will not be
reimbursed and may render the entire project ineligible for federal funding.
At 100% plans submittal, the Agency will submit to the Department the project Bid Package to include Specifications,
updated construction estimate, draft construction contract, complete d Construction checklist and the Agency’s
Certification Clear Package. All above items must be reviewed, approved and a Notice to Proceed must be issued by the
Department prior to any construction related activities, including project advertisement. Construction related activities
conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal
funding. The Certification Clear Package must include the following items completed and signed by the authorized
Agency representative:
1.Type 1 Categorical Exclusion Checklist (or Environmental Determination Form)
2.Contamination Clearance Form
3.Right of Way Certification Form
4.Rail Clear Letter
5.Permits Clear Letter
6.Utilities Clear/Coordinated Letter
Off the State Highway System (Off-System) LAP construction projects must be administered in accordance with either
Local Agency Specifications that have been approved by the Department; the pre-approved FDOT LAP (“Big
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT “A”
PROJECT DESCRIPTION AND RESPONSIBILITIES
525-010-40
PROGRAM MANAGEMENT
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Page 2 of 3
Four”)Specifications; or Divisions II and III of the FDOT Standard Specifications for Road and Bridge Construction and
implemented modifications in accordance with the LAP Manual. The Agency will be responsible for all project level
inspection and verification testing.
On the State Highway System (On-System) LAP construction projects must be administered in accordance with the FDOT
Construction Project Administration Manual (Topic no. 700-000-000). Materials will be inspected in accordance with the
FDOT Sampling Testing and Reporting Guide by Material Description and the FDOT Materials Manual (Topic No. 675-
000-000). Divisions II and III of the FDOT Standard Specifications for Road and Bridge Construction and implemented
modifications must be used in accordance with the LAP Manual. The Agency will be responsible for all project level
inspection, verification testing, and assuring all data are entered into Laboratory Information Management Systems
(LIMS). In addition, the following Off the State Highway System (Off-System) and Off the National Highway System
projects will be administered as above: all bridge projects; box culverts; and all projects with a construction value of $10
million or more.
The Agency will be responsible for documenting to the Department that the project, as designed, qualifies as a Type 1 or
Programmatic CE project per FDOT’s PD&E Manual. This documentation must be approved by the FDOT prior to any
construction related activity, including advertisement.
The Agency shall be responsible for identification and remediation of any hazardous materials and contamination
encountered while implementing the project.
The Agency will submit to the Department a copy of the signed bid contract upon execution of the document.
No construction staging nor stockpiling shall take place in any pubically owned park property nor interfere with park
access or park activities.
The Agency will provide progress billing invoices with appropriate back-up documentation to the Department on a
quarterly basis or sooner.
The Agency will process a Project Closeout Package at project completion in accordance with the Local Agency Program
Manual for Federal Aid Projects (Department Procedure: 525-010-300). The package must include the approved Final
Inspection and Acceptance form, LAP Record of Final Plans and Documentation form (52501047), and the Closeout
Cover Memo. The close out package must be uploaded into the Local Agency Program Information Tool database,
LAPIT. This process must be completed and accepted by the Department prior to payment of the project Final Invoice.
CEI and material testing that requires the hiring of a consultant: The Agency will submit and comply with the requirements
of the LAP Checklist for Federally Funded Professional Services Contract (Form No. 525-010-49). The Department must
review and concur with the process prior to award of the CEI contract. Upon execution of the contract, the agency will
submit a copy of the signed document to the Department.
For projects that have participating and non-participating items, the local agency must submit a spreadsheet that depicts
the federal participating and non-participating construction items with costs to account for the separate federal and local
funds expenditures on all invoices submitted for the project.
Local Agency Program Information Tool (LAPIT): LAPIT is a repository for all LAP project documents. Upon receipt of
the Notice to Proceed on a project phase, the Local Agency will be responsible for uploading the appropriate project
documents into LAPIT before an invoice can be paid. The efficient management of Local Agency contracts is important to
LAPIT’s main goal of improving communication between the Local Agency and FDOT.
The Agency shall commence the project’s activities subsequent to the execution of this Ag reement and shall perform in
accordance with the following schedule:
a) Study to be completed by N/A .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT “A”
PROJECT DESCRIPTION AND RESPONSIBILITIES
525-010-40
PROGRAM MANAGEMENT
OGC - 08/15
Page 3 of 3
b) Design to be completed by N/A .
c) Right-of-Way requirements identified and provided to the Department by .
d) Right-of-Way to be certified by 11/30/2016 .
e) Construction contract to be let by 5/31/2017.
f) Construction to be completed by 10/31/2018.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department will issue Notice to Proceed to the Agency after final
execution of this agreement.
Upon receipt of an invoice, the Department will have twenty (20) working days to review and approve the goods and
services submitted for payment.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT “B”
SCHEDULE OF FUNDING
525-010-40B
PROGRAM MANGEMENT
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Page 1 of 1
AGENCY NAME & BILLING ADDRESS
City of Clearwater
100 S. Myrtle Ave, Room 220
Clearwater, FL 33756
FPN: 432580 1 58/68 01
TYPE OF WORK By Fiscal Year
FUNDING
(1)
TOTAL
PROJECT FUNDS
(2)
LOCAL FUNDS
(3)
STATE FUNDS
(4)
FEDERAL FUNDS
Planning-18 FY:
FY:
FY:
Total Planning Cost
Project Development & Environment (PD&E) - 28
FY:
FY:
FY:
Total PD&E Cost
Design - 38 FY:
FY:
FY:
Total Design Cost
Right-of-Way - 48 FY:
FY:
FY:
Total Right-of-Way Cost
Construction-58 FY: 2017
FY:
FY:
FY:
$2,771,713 $646,671 $2,125,042
Total Construction Cost
Construction Engineering and Inspection (CEI) - 68
FY: 2017
FY:
FY:
$207,878 $41,136 $166,742
Total CEI Cost
Operations – 88
FY:
FY:
FY:
Total Operations Costs
TOTAL COST OF THE PROJECT $2,979,591 $687,807 $2,291,784
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT 1
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
525-010-40
PROGRAM MANAGEMENT
1/15
Page 1 of 1
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program
CFDA Program Site: https://www.cfda.gov/
Award Amount: $2,291,784.00
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards
http://www.ecfr.gov/
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations
http://www.whitehouse.gov/sites/default/files/omb/assets/a133/a133_revised_2007.pdf
OMB Circular A-133 Compliance Supplement 2014
http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2014
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO TH E
FOLLOWING:
OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments
http://www.whitehouse.gov/omb/circulars_a087_2004/
OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments
http://www.whitehouse.gov/omb/circulars_a102/
Title 23 – Highways, United States Code
http://uscode.house.gov/browse/prelim@title23&edition=prelim
Title 49 – Transportation, United States Code
http://uscode.house.gov/browse/prelim@title49&edition=prelim
Map-21 – Moving Ahead for Progress in the 21st Century, Public Law 112-141
http://www.gpo.gov/fdsys/pkg/PLAW-112publ141/pdf/PLAW-112publ141.pdf
Federal Highway Administration – Florida Division
http://www.fhwa.dot.gov/fldiv/
Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
https://www.fsrs.gov/
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40E
PROGRAM MANAGEMENT
OGC– 08/15
Page 1 of 2
Exhibit “E”
TITLE VI ASSURANCES
During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred to as the "contractor") agrees as follows:
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention
of sub-contractors, including procurements of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULATIONS.
(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color,
national origin, or sex.
(4.) Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and
instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information the contractor shall so certify to the
Florida Department of Transportation, or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration
as appropriate, and shall set forth what efforts it has made to obtain the information.
(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40E
PROGRAM MANAGEMENT
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Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not
limited to:
a.withholding of payments to the contractor under the contract until the
contractor complies, and/or
b.cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through
(7) in every sub-contract, including procurements of materials and leases of equipment, unless
exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such
action with respect to any sub-contract or procurement as the Florida Department of Transportation or
the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,
or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance, provided, however, that, in the event a contractor becomes
involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such
direction, the contractor may request the Florida Department of Transportation to enter into such
litigation to protect the interests of the Florida Department of Transportation, and, in addition, the
contractor may request the United States to enter into such litigation to protect the interests of the
United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of
1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color,
national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displace d
or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as
amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and
Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of
1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights
Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the programs or activities
of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898,
Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, which ensures non-discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations; Executive Order 13166, Improving
Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency (LEP). To
ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education
Amendments of 1972, as amended, which prohibits you from discriminating because of sex in
education programs or activities (20 U.S.C. 1681 et seq).
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40C
PROGRAM MANAGEMENT
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Page 1 of 1
EXHIBIT “C”
FHWA FORM 1273
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC –
COMPLIANCE WITH FHWA 1273.
The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA-
1273 may also be referenced on the Department’s website at the following URL address:
http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf
Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take
responsibility to obtain this information and comply with all provisions contained in FHWA-
1273.
RESOLUTION NO. 17-18
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE AMENDMENT OF A
LOCAL AGENCY PROGRAM AGREEMENT BETWEEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE CITY OF CLEARWATER FOR THE
CONSTRUCTION OF THE DRUID TRAIL PHASE IV
IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the Department of Transportation and the City have mutually agreed on a
set of plans for the construction of the Druid Trail Phase IV improvements; and
WHEREAS,funding is being i n c r e a s e d by Transportation Enhancement funds
in the Florida Department of Transportation State Work Program in the amount of
$67,981.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, AS FOLLOWS:
Section 1. The City Council hereby accepts and approves the Druid Trail Local
Agency Program Agreement between the Florida Department of Transportation and the City of
Clearwater and authorizes the execution of the same.
Section 2.This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2017.
George N. Cretekos
Mayor
Approved as to form:Attest:
Matthew M. Smith Rosemarie Call
Assistant City Attorney City Clerk
Project:
Date:
Druid Trail - Phase IV
Cristian RubianoU:\ArcGIS\MXDs\11x85_WO_MAP.mxd!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!!!!!!!!!!!!BYPASS DREDENVILLE AVEBROOKSIDE DRCHESTER DRS ARCTURAS AVEDRUID RD
WOODLEY RDS HERCULES AVEOXFORD DRNORMANDY RDS EVERGREEN AVESEVARD AVES KEENE RDSHADY LNFLORIDA AVEPHOENIX AVESKYVIEW AVESPENCER AVEWOODSIDE AVEWELLINGTON DRYELVINGTON AVECANTERBURY RDS GLENWOOD AVES BELCHER RDS LAKE AVE12/30/2016
OVERVIEWAuthor:
Druid Trail Phase IV -- S Evergreen AVE to Duke Energy TRAIL
N00.250.125 Miles
Himanshu Patni, PEReviewed and Approved By:
Legend
!!Druid Trail Phase IV
Traffic Engineering Division100 S Myrtle AVE # 220Clearwater, FL 33756Ph. 727.562.4750www.myClearwater.com
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3407
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 3.3
SUBJECT/RECOMMENDATION:
Approve the final plat for Stevenson Creek Townhomes, whose physical address is 1112
Stevenson Avenue, located on the North-easterly corner of Stevenson Avenue and the
Pinellas Trail. (consent)
SUMMARY:
This plat will create 7 single family lots consisting of one acre, more or less.
This will include 7 attached dwellings in 3 different buildings.
The zoning is Medium Density Residential.
This was approved through the Development Review Committee on September 1, 2016.
Page 1 City of Clearwater Printed on 5/1/2017
SUNSET POINT RD
SUNNYDALE DR N FORT HARRISON AVE APACHE TRL STEVENSON AVE NOKOMIS ST
CALUMET ST
IROQUOIS ST N WASHINGTON AVE OSAGE ST
H
A
R
B
O
R D
R EDGEWATER DR LEBEAU ST
VENETIAN DR
PRINCESS ST
CARDOVA LN
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.260A 03-29s-15e03/28/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
STEVENSON CREEK TOWNHOMES
Path: V:\GIS\Engineering\Location Maps\Stevenson Creek Tw nhs Plat_Map.mxd
PLATLOCATION
STEVENSON CREEKFRED MARQUIS PINELLAS TRAIL£¤19ALT
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3425
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 3.4
SUBJECT/RECOMMENDATION:
Award a construction contract to PCL Construction Inc. for the Marshall Street Water
Reclamation Facility (WRF) Influent Pump Station Repair (16-0038-UT) in the amount of
$1,349,525.00, which is the lowest responsible bid received in accordance with the plans and
specifications; approve a Supplemental Work Order to Engineer of Record (EOR) McKim and
Creed, Inc. in the amount of $65,280.00 for construction management and engineering
inspection services and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This work provides for the repair of the Marshall Street WRF Influent Pump Station which
experienced a catastrophic failure during Hurricane Hermine. Since then the facility has used
a temporary pump system to bypass the damaged Influent Pump Station. This repair would
allow for the removal of the costly temporary pump system and increase the plant’s reliability
until a new Influent Pump Station and Headworks can be constructed.
Project benefits are improved process efficiencies, reliability, ongoing rehabilitation and
restoration strategy of treatment infrastructure, increased environmental protection and
regulatory compliance.
EOR McKim & Creed, Inc. has reviewed the two bids received on this project and
recommended award to PCL Construction Inc.
February 16, 2017, City Council ratified and confirmed a Work Order to EOR McKim and
Creed for design, engineering services relating to electrical and controls repairs and/or
replacement of the Influent Pump Station and other effected systems in the amount of
$199,000.00.
Supplemental Work Order one provides for additional construction management and
engineering inspection services related to the Marshall Street WRF Influent Pump Station
Repair during construction for a total work order value of $264,280.
March 2, 2017, City Council authorized the purchase of four 170 horsepower Flygt Pumps
from Xylem Water Solutions USA, Inc., Apopka, FL for $671,705.00; three Yaskawa Variable
Frequency drives from ICON Technologies, Tampa, FL for $114,644.77; one Square D
Switchboard, one Motor Control Center and miscellaneous electrical equipment form
Schneider Electric USA Inc., Tampa, FL for $38,500, to be used as part of the repair and later
in the new Influent Pump Station.
The City of Clearwater’s Public Utilities Department is responsible for owning, operating and
maintaining the Marshall Street WRF. Construction is scheduled for completion by Sept 2017.
Page 1 City of Clearwater Printed on 5/1/2017
File Number: ID#17-3425
APPROPRIATION CODE AND AMOUNT:
382-96213-561300-535-000-0000 $ 65,280.00
382-96213-563800-535-000-0000 $1,349,525.00
Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with
2018 revenue bonds as funding source were included in the project list associated with
Resolution 17-10.
Sufficient budget for interim financing or funding with 2018 Water and Sewer Revenue bond
proceeds when issued is available in bond project 0382-96213, Marshall Street Upgrades /
Improvements to fund the project.
Page 2 City of Clearwater Printed on 5/1/2017
ITEM #BRIEF DESCRIPTION OF ITEMS UNIT ESTIMATED
QUANTITY
UNIT BID PRICE TOTAL UNIT BID PRICE TOTAL
1 Mobilization/Demobilization LS 1 150,000.00$ 150,000.00$ 106,884.00$ 106,884.00$
2 COORDINATION, INSTALLATION, TESTING AND
CONTRACTOR WARRANTY OF INFLUENT PUMPS
LS 1 175,000.00$ 175,000.00$ 325,249.00$ 325,249.00$
3 COORDINATION, INSTALLATION, TESTING AND
CONTRACTOR WARRANTY OF ELECTRICAL EQUIPMENT
AND (3) THREE VARIABLE FREQUENCY DRIVES
LS 1 200,000.00$ 200,000.00$ 163,908.00$ 163,908.00$
4 GRIT REMOVAL AND DISPOSAL CY 150 320.00$ 48,000.00$ 204.00$ 30,600.00$
5 STRUCTURAL MODIFICATIONS LS 1 40,000.00$ 40,000.00$ 28,946.00$ 28,946.00$
6 PROTECTIVE COATING REPAIR SF 200 35.00$ 7,000.00$ 84.00$ 16,800.00$
7 TYPE II CONCRETE REPAIRS SF 100 85.00$ 8,500.00$ 88.00$ 8,800.00$
8 TYPE III CONCRETE REPAIRS SF 50 100.00$ 5,000.00$ 106.00$ 5,300.00$
9 TYPE IV CONCRETE REPAIRS SF 50 400.00$ 20,000.00$ 305.00$ 15,250.00$
10 PUMP PANEL LS 1 35,000.00$ 35,000.00$ 32,932.00$ 32,932.00$
11 BAR SCREEN PANEL AND INSTRUMENTATION LS 1 125,000.00$ 125,000.00$ 113,391.00$ 113,391.00$
12 GATE REPLACEMENT AND INSTRUMENTATION EA 3 15,000.00$ 45,000.00$ 28,995.00$ 86,985.00$
13 FIBERGLASS DUCT AXIAL FAN EA 3 15,000.00$ 45,000.00$ 15,964.00$ 47,892.00$
14 PLUG VALVES EA 6 15,000.00$ 90,000.00$ 11,650.00$ 69,900.00$
15 PIPING, AND APPURTENANCES LS 1 130,000.00$ 130,000.00$ 269,869.00$ 269,869.00$
16 PROGRAMMING AND SCADA ALLOWANCE LS 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$
1,173,500.00$ 1,372,706.00$
17 CONTINGENCY - 15%LS 1 $176,025.00 176,025.00$ 205,905.90$ 205,905.90$
1,349,525.00$ 1,578,611.90$
1,349,525.00$ 1,578,611.90$
MARSHALL STREET INFLUENT PUMP STATION REPAIRS # 16-0038-UT
Total Contract
PCL CONSTRUCTION, INC. 3810
Northdale Blvd. Ste 160 Tampa, FL
33624
RTD CONSTRUCTION P.O.
Box 2439 Zephyrhills, FL 33539-2439
SUBTOTAL ITEMS 1 THRU 16
TOTAL ITEMS 1 THRU 17
BID OPENING DATE: APRIL 5, 2017 AWARD DATE: MAY 4, 2017
WO Initiation Form.docx Page 1 of 6 8/1/2014
SUPPLEMENTAL WORK ORDER
for the CITY OF CLEARWATER
Date:March 9, 2017
M&C Project Number:009920231
City Project Number:16-0038-UT
1.PROJECT TITLE:
Marshall Street Influent Pump Station Emergency Repairs
2.SCOPE OF SERVICES:
Provide additional Construction Management, Inspection and Observation Services for the
Marshall Street Influent Pump Station Project. Extended services are to the following previous
services approved:
CONSTRUCTION PHASE
Task 5.1- Construction Phase Services – No Change
Task 5.2 - Construction Observation Services:
Construction Site Visits/Progress Meetings:
Change from:
“4 hours per week for the 24 week active construction”
To:
“20 hours per week for the 24 week active construction”
Contractor Pay Request Review: - No Change
Task 5.3 – Start Up Services: - No Change
3.PROJECT GOALS:
No change
4.BUDGET:
See Attachment “B”.
WO Initiation Form.docx Page 2 of 6 8/1/2014
This price includes all labor and expenses anticipated to be incurred by McKim & Creed, Inc. for
the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum
– Percentage of Completion by Task, for a fee not to exceed Sixty-five thousand two hundred
eighty dollars ($65,280.00).
5.SCHEDULE:
No Change
6.STAFF ASSIGNMENT (Consultant):
Aubrey Haudricourt,PE – Senior Electrical Engineer
Arthur Anchorsm, PE – Senior Electrical Engineer (Quality Control)
Jason Gillentine PE – Staff Electrical Engineer
Laurel Smith, EIT – Staff Electrical Engineer
7.CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to: Aubrey Haudricourt, PE
All City project correspondence shall be directed to: Kelly O’Brien with copies to others as may
be appropriate.
8.INVOICING/FUNDING PROCEDURES:
For work performed, invoices 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: _0382-96213-96213-561300-535
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.
WO Initiation Form.docx Page 3 of 6 8/1/2014
10.SPECIAL CONSIDERATIONS:
No change
PREPARED BY:APPROVED BY:
__________________________________________________________
A.Haudricourt, PE Michael D. Quillen, PE
Engineering Manager City Engineer
McKim & Creed, Inc.City of Clearwater
______________________________________
Date Date
Attachment “A”
WO Initiation Form.docx Page 1 of 1 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 Page 1 of 1 8/1/2014
Marshall Street Influent Pump Station Emergency Repairs
SUPPLEMENTAL WORK ORDER
PROJECT BUDGET
Change
Order/Task
Description Sub-
Consultant
Services
Labor Total
Task 5.2 Construction Observation Services:
Additional Management, Observation
and Inspection Services
$65,280 $65,280
$65,280
SECTION V Page i Updated: 2/6/2017
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 ............................................................................... 13
BIDDER’S PROPOSAL ............................................................................................................................14
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM ....................................................................................................................... 15
SECTION V Page 1 of 15 Updated: 2/6/2017
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
[PCL Construction, Inc. ]
[3810 Northdale Blvd. Ste 160
Tampa, FL 33624]
[813-425-1440]
[name]
[principal business address]
[phone number]
City of Clearwater
[Engineering Dept]
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-[4750]
PROJECT NAME: [Marshall St. Influent Pump Station Repair]
PROJECT NO.: [16-0038-UT]
PROJECT DESCRIPTION: Provide and install temporary back up power systems necessary to keep
plan and temporary influent pumping system in service. Demolition and dispose of all equipement.
Remove grit and install electrical equipment and wiring, pumps, valves, piping and gates .]
BY THIS BOND, We, __________________________________, as Contractor, and
__________________________________________________, a corporation, as Surety, are bound to the
City of Clearwater, Florida, herein called Owner, in the sum of $[1,349,525.00], 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 [Marshall St. Influent Pump Station Repair], 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
SECTION V Page 2 of 15 Updated: 2/6/2017
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(2)
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
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).
[PCL Construction, 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)
SECTION V Page 3 of 15 Updated: 2/6/2017
CONTRACT
(1)
This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
_____________________________________, of the City of ____________________ County of
__________________________ and State of Florida, hereinafter designated as the "Contractor".
[Or, if out of state:]
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
_____________________________________, a/an _____________(State) Corporation authorized to do
business in the State of Florida, of the City of ____________________ County of
__________________________ and State of ____________, 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: [Marshall St. Influent Pump Station Project]
PROJECT NO.: [ 16-0038-UT]
in the amount of $ 1,349,525.00
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.
SECTION V Page 4 of 15 Updated: 2/6/2017
CONTRACT
(2)
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).
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, 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.
SECTION V Page 5 of 15 Updated: 2/6/2017
CONTRACT
(3)
In addition to all other contract requirements as provided by law, the contractor executing this agreement
agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756
The contractor’s agreement to comply with public records law applies specifically to:
a)Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b)Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c)Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d)Upon completion of the contract , transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e)A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the requested
records, the public agency shall immediately notify the contractor of the request and the
contractor must provide the records to the public agency or allow the records to be inspected or
copied within a reasonable time.
f)The contractor hereby acknowledges and agrees that if the contractor does not comply with the
public agency’s request for records, the public agency shall enforce the contract provisions in
accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h)If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
SECTION V Page 6 of 15 Updated: 2/6/2017
CONTRACT
(4)
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written notice of
the public records request, including a statement that the contractor has not complied
with the request, to the public agency and to the contractor.
i)A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic
format.
j)A contractor who complies with a public records request within 8 business days after the notice
is sent is not liable for the reasonable costs of enforcement.
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
__________________________________________
(Contractor)
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 – provide Affidavit.
SECTION V Page 7 of 15 Updated: 2/6/2017
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: [Marshall St. Influent Pump Station Project]
[Engineering Dept.] PROJECT NO.: [16-0038-UT]
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: [PCL Construction, 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:
[insert name of Surety]
[address]
[address] ,SURETY,
on bond of
[PCL Construction, Inc. ]
[3810 Northdale Blvd. Suite 160]
[Tampa, FL 33624] ,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 Dept. ]
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#17-3427
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 3.5
SUBJECT/RECOMMENDATION:
Award a construction contract to RTD Construction, Inc. of Zephyrhills, FL in the amount of
$430,076, approve Engineer of Record (EOR) Tetra Tech Inc. supplemental Work Order in
the amount of $97,988 for the Reverse Osmosis Plant 1- Pressure Filter Modifications and
Adsorption System Automation Project (15-0031-UT) and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
This Agenda Item is for the construction of the Reverse Osmosis Plant 1- Pressure Filter
Modifications and Adsorption System Automation Project which consists of replacement of the
blower, valve replacement with automated modulating butterfly valves for the adsorption
system, structural supports for the panels at the Pressure Filters, and programming of PLC
control logic.
The goal of this project is to improve the operation of the Adsorption System with
automated valves and control, and replacing parts that are no longer functioning.
Three bids were received and RTD Construction, Inc. was the lowest responsive bidder in
the amount of $430,076. After comparing and evaluating the bids, Tetra Tech
recommended awarding the construction of the project to RTD Construction, Inc.
November 18, 2015, City Manager approved the work order initiation to Tetra Tech for
design services in the amount of $62,242. Supplemental 1 provides for CEI Services of
construction contract for a revised work order value of $160,230.
It is anticipated that construction will be accomplished in 337 calendar days and
completed by Spring 2018.
The City of Clearwater’s Public Utilities Department is responsible for owning, operating
and maintaining the Reverse Osmosis Plant 1.
APPROPRIATION CODE AND AMOUNT:
382-96764-563800-533-000-0000 $430,076.00
382-96764-561300-533-000-0000 $ 97,988.00
Resolution 17-10 was passed on March 16, 2017, establishing the City’s intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with
2018 revenue bonds as a funding source were included in the project list associated with
Resolution 17-10.
Page 1 City of Clearwater Printed on 5/1/2017
File Number: ID#17-3427
Sufficient budget for interim financing or funding with 2018 Water and Sewer Revenue bond
proceeds when issued is available in bond project 0382-96764, RO Plant Exp-Res 1 to fund
the project.
Page 2 City of Clearwater Printed on 5/1/2017
PROJECT: WTP No. 1 Improvements – Pressure Filter Modifications and Adsorption Project # 15-0031-UT
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
1 Mobilization and
Demobilization
LS 1 $ 18,000.00 $ 18,000.00 259,418.00$ 259,418.00$ 5,000.00$ 5,000.00$
2 General Requirements LS 1 $ 14,000.00 $ 14,000.00 432,363.00$ 432,363.00$ 5,000.00$ 5,000.00$
3 Indemnification LS 1 $ 1,000.00 $ 1,000.00 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$
4 All Other Work Not Included
in Line Items 1, 2, and 3 to Construct
the WTP No. 1
Improvements
LS 1 $ 387,600.00 $ 387,600.00 972,365.00$ 972,365.00$ 379,978.00$ 379,978.00$
$ 420,600.00 1,665,146.00$ 390,978.00$
5 Contingency (10%)LS 1 $ 42,060.00 $ 42,060.00 166,514.60$ 166,514.60$ 39,098.00$ 39,098.00$
$ 462,660.00 1,831,660.60$ 430,076.00$
THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE
ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS.
THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID.
IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE
SHALL GOVERN.
SUBTOTAL
GRAND TOTAL
BID OPENING: April 6, 2017 AWARD DATE: May 4, 2017
KAT CONSTRUCTION &
MATERIALS INC.
22031 US Hwy 19
Clearwater, FL 33765
KLOOTE CONTRACTING, INC.
2423 Pinnacle Ct. N.
Palm Harbor, FL 34682
RTD CONSTRUCTION, INC.
P.O. Box 2439
Zephyrhills, FL 33539
WORK ORDER INITIATION FORM 1 of 8 Revised: 2/11/2016
Tetra Tech, Inc.
SUPPLEMENTAL WORK ORDER
for the CITY OF CLEARWATER
Date:April 13, 2017
Project Number:___________
City Project Number:15-0031-UT
1.PROJECT TITLE:
Water Treatment Plant 1 Improvements - Construction Engineering and Inspection (CEI) Services
2.SCOPE OF SERVICES:
The city of Clearwater (City) is constructing miscellaneous equipment replacement and
automation needs that are necessary at Water Treatment Plant 1 (WTP 1) and has requested
Tetra Tech, Inc.(Engineer) to provide a scope of work for construction engineering and
inspection (CEI) services. In general, the improvements are in the areas of the existing
pressure filter system that was originally installed in 2003 with the original RO treatment
facilities construction and the arsenic absorber system that was added in the latest capacity
expansion to the WTP. A general description of the improvements to WTP 1
improvements is as follows:
a. Improvements include the equipping of the existing arsenic absorber system with electric
motor operated valves and related automation and controls to allow for routine
automated backwashing of the system, replacement of the existing pressurized media
filter blower and air control valves, and replacement of the existing painted steel structural
supportsatthefiltercontrolpanelsandpiping.
b. Controls will be provided through the existing programmable logic controller (PLC) and
Supervisory Control And Data Acquisition (SCADA)Human Machine Interface (HMI) at the
WTP.
c. ThesupplyofelectricalpowerwillbethroughtheexistingplantMotor Control Center (MCC),
starters,andpower distributionpanels.
WORK ORDER INITIATION FORM 2 of 8 Revised: 2/11/2016
CEI Resident Project Representative
In order to better ensure that the Project is constructed in accordance with the Contract Documents,
the Engineer will provide the services of a CEI Resident Project Representative (RPR) throughout the
duration of construction. It is anticipated that such services will be provided over an eleven (11) month
period. The role of the RPR, and limitations of the RPR's responsibilities, are set forth below:
1.The RPR will be the Engineer's agent or employee and under the Engineer's supervision and may
act on the Engineer's behalf as directed by the Engineer and may carry out any activities
designated herewith for Construction Phase engineering services. Accordingly, the Engineer will
provide the services of a RPR at the site to assist the Engineer and to provide more continuous
observation of such work and observe the project as a whole.
2.The purpose of representation by the RPR at the site will be to enable the Engineer to better
carry out the scope and the duties and responsibilities assigned to and undertaken by the
Engineer during the Construction Phase, and, in addition, by exercise of the Engineer's efforts as
an experienced and qualified design professional, to provide the City with a greater degree of
confidence that the completed work of the Contractor will conform generally to the Contract
Documents and that the integrity of the design concept as reflected in the Contract Documents
has been implemented and preserved by the Contractor. On the other hand, the Engineer or
RPR shall not, during such visits or as a result of such observations of the Contractor's work in
progress, supervise, direct or have control over the Contractor's work nor shall the Engineer
have authority over or responsibility for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, for safety precautions and programs
incident to the work of the Contractor or for any failure of the Contractor to comply with laws,
rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and
performing work.
3.The RPR shall keep the City informed of the progress of the Project as a whole and shall file a
daily construction report.
4.The RPR may disapprove of or reject Contractor's work while it is in progress if the Engineer
believes that such work will not produce a completed Project that conforms generally to the
Contract Documents or that it will prejudice the integrity of the design concept of the Project as
reflected in the Contract Documents.
5.The RPR shall consult with the Engineer and shall issue necessary interpretations and
clarifications to the Contract Documents and prepare work directive changes and change orders
as required.
6.The RPR shall act on the Engineer's behalf and shall observe testing and inspections as the
Engineer deems necessary. Inspections, testing, and approvals shall be as required by laws,
rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine
WORK ORDER INITIATION FORM 3 of 8 Revised: 2/11/2016
generally that their content complies with the requirements of, and the results certified indicate
compliance with the Contract Documents)
7.The RPR shall review work daily and shall inform the Engineer of percent complete based on the
project Schedule of Values or appropriate unit prices, and the Contract Documents for review of
payment applications. The Engineer shall as a qualified design professional, provide final
written recommendation of payment for each pay period. The RPR shall assist the Engineer to
assure that the quality of such work is generally in accordance with the intent established in the
Contract Documents. By recommending any payment, the Engineer will not thereby be deemed
to have represented that exhaustive, continuous or detailed reviews or examinations have been
made by the Engineer to check the quality or quantity of Contractor's work as it is furnished and
performed beyond the responsibilities specifically assigned to the Engineer in the Contract
Documents. The Engineer's review of Contractor's work for the purposes of recommending
payments will not impose on the Engineer's responsibility to supervise, direct or control such
work or for the means, methods, techniques, sequences, or procedures of construction or safety
precautions or programs or Contractor's compliance with laws, rules, regulations, ordinances,
codes or orders applicable to furnishing and performing the work. It will also not impose
responsibility on the Engineer to make any examination to ascertain how or for what purposes
the Contractor has used the moneys paid on account of the Contract Price, or to determine that
title to any of the work, materials or equipment has passed to the City free and clear of any lien,
claims, security interests or encumbrances, or that there may not be other matters at issue
between the City and the Contractor that might affect the amount that should be paid.
8.The RPR shall conduct inspections to assist the Engineer in determining if the work is
substantially complete and a final inspection to determine if the completed work is acceptable
so that the Engineer may recommend, in writing, final payment to Contractor and may give
written notice to the City and the Contractor that the work is acceptable, but any such
recommendation and notice will be subject to the limitations expressed above and the General
Conditions of the Contract Documents.
9.The RPR and/or the Engineer shall not be responsible for the acts or omissions of the
Contractor, or of any subcontractor or supplier, or any of the Contractor's subcontractor's or
supplier's agents or employees or any other persons (except the Engineer's own employees and
agents) at the site or otherwise furnishing or performing any of the Contractor's work; however,
nothing contained in paragraphs above inclusive, shall be construed to release the Engineer
from liability for failure to properly perform duties and responsibilities assumed by the Engineer
in the Contract Documents.
10.The RPR shall facilitate the exchange of documents and other necessary information between
the City, the Engineer, and the Contractor.
WORK ORDER INITIATION FORM 4 of 8 Revised: 2/11/2016
CONSTRUCTION PHASE TASKS
During the construction phase, Tetra Tech will complete the following tasks:
1.Prepare for and attend one (1) preconstruction conference, take meeting minutes, and
distribute written minutes to all attendees.
2.Provide CEI Resident Project Representative (RPR) as described above to observe
construction of the project, coordinate construction activities with the Contractor,
document project progress, and conduct progress meetings. The contracted
construction period is 11 months. It is expected that onsite construction observation
and coordination services will be conducted as follows during the project:
An average of 20 hours per week for 24 weeks (480 hours total). The project
construction period is 11 months to final completion. The time provided herein
is estimated based on assumed active onsite construction period of 6 months.
3.Provide interpretation or clarification of the design documents when requested.
4.Review shop drawings and other submittals up to two (2) times per submittal for
general conformance with the Contract Documents. The Contract Documents will
require the Contractor to pay for additional reviews, if necessary.
5.Review test reports for soils, concrete and other materials.
6.Review applications for payment and the accompanying data and schedules, determine
the amounts owed to the Contractor, and advise the City of the recommended
payments.
7.Evaluate any claims made by the Contractor and prepare change orders as required.
8.Conduct substantial and final completion inspections.
9.Observe start-up testing of major equipment.
10.Prepare record drawings, incorporating changes made during construction based on
record information furnished by the Contractor and provide two (2) sets of drawings,
and one (1) compact disk with an electronic version of the documents to the City.
3.PROJECT GOALS:
The following work products will be delivered to the City as part of this project:
Construction observation and coordination documentation
WORK ORDER INITIATION FORM 5 of 8 Revised: 2/11/2016
Project completion certification to regulatory agencies
Record Drawings
4.BUDGET:
See Attachment “B”
This price includes all labor and expenses anticipated to be incurred by Tetra Tech, Inc. for the
completion of these tasks in accordance with Professional Services Method “A” – Cost Times
Multiplier Basis for a fee not to exceed ninety seven thousand nine hundred eighty eight
dollars ($97,988.00).
5.SCHEDULE:
Project construction is scheduled to be completed within 11 months from issuance of notice-to-
proceed. The record drawings are scheduled to be completed within two (2) months of
construction completion.
6.STAFF ASSIGNMENT (Consultant):
Emilie Moore, PE – Client Manager
Brian Foulkes, PE – Project Manager
Phil Walker, EI – Field Engineer
Amal Yelker, EI – Electrical Engineer
7.CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Emilie Moore, PE. All City project
correspondence shall be directed to Lan-Anh Nguyen, PE with copies to others as may be
appropriate.
8.INVOICING/FUNDING PROCEDURES:
For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering
Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida
33758-4748. Contingency services will be billed as incurred only after written authorization
provided by the City to proceed with those services.
City Invoicing Code: 0382-96764-561300-533-000-0000
9.INVOICING PROCEEDURES
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
WORK ORDER INITIATION FORM 6 of 8 Revised: 2/11/2016
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:
________________________________________________
Emilie Moore, PE, PMP Michael D. Quillen, PE
Sr. Project Manager City Engineer
Tetra Tech, Inc.City of Clearwater
______________________________________
Date Date
Attachment “A”
WORK ORDER INITIATION FORM 7 of 8 Revised: 2/11/2016
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
SUPPLEMENTAL WORK ORDER
CITY DELIVERABLES
1.FORMAT
The design plans shall be compiled utilizing the following methods:
1.City of Clearwater CAD standards.
2.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.
2.DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless
approved otherwise. Upon completion the consultant shall deliver all drawing files in digital
format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files
are still acceptable, however the City or Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall
include all necessary information to aid in manipulating the drawings including either PCP, CTB
file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line
types or other attributes contained in the standard release of Autodesk, Inc.software. All block
references and references contained within the drawing file shall be included. Please address
any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address
Tom.Mahony@myClearwater.com.
All electronic files (CAD and Specification files) must be delivered upon completion of project or
with 100% plan submittal to City of Clearwater.
Attachment “B”
WORK ORDER INITIATION FORM 8 of 8 Revised: 2/11/2016
Water Treatment Plant 1 Improvements -
Construction Engineering and Inspection
(CEI) Services
Tetra Tech, Inc.
SUPPLEMENTAL WORK ORDER
PROJECT BUDGET
Task Description Subconsultant
Services
Labor Total
5.0 Construction Phase Services
5.1 Preconstruction Conference $3,099 $3,099
5.2 Construction Observation (20hrs/wk, 24 wks)$52,794 $52,794
5.3 Design Documents Clarification $8,354 $8,354
5.4 Shop Drawings / Submittals Reviews $9,244 $9,244
5.5 Review Test Reports $2,522 $2,522
5.6 Review Applications for Payment $2,772 $2,772
5.7 Evaluate Contractor Claims $2,322 $2,322
5.8 Conduct Substantial and Final Completion
Inspections
$2,889 $2,889
5.9 Observe Major Equipment Start Up $2,659 $2,659
5.10 Prepare Record Drawings $2,425 $2,425
5.11 Task Allowance (10%)$8,908 $8,908
Grand Total $97,988
SECTION V Page i Updated: 2/6/2017
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 ............................................................................... 13
BIDDER’S PROPOSAL ............................................................................................................................14
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM ....................................................................................................................... 15
SECTION V Page 1 of 15 Updated: 2/6/2017
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
[RTD Construction, Inc.]
[P.O. Box 2439, Zephyrhills,FL
33539]
[813-783-9119
[name]
[principal business address]
[phone number]
City of Clearwater
[Engineering Dept]
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-[4750]
PROJECT NAME:WTP No. 1 Improvements - Pressure Filter Modifications & Absorption System
Automation
PROJECT NO.: [15-0031-UT]
PROJECT DESCRIPTION: The project includes improvements to automate the arsenic absorber
backwash process and make improvements to the dual media filter systems. ]
BY THIS BOND, We, __________________________________, as Contractor, and
__________________________________________________, a corporation, as Surety, are bound to the
City of Clearwater, Florida, herein called Owner, in the sum of $[430,076.00], 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 [WTP No. 1 Improvements – Pressure Filter Modifications & Absorption System
Automation], 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
SECTION V Page 2 of 15 Updated: 2/6/2017
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(2)
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
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).
[RTD Construction, 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)
SECTION V Page 3 of 15 Updated: 2/6/2017
CONTRACT
(1)
This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
_____________________________________, of the City of ____________________ County of
__________________________ and State of Florida, hereinafter designated as the "Contractor".
[Or, if out of state:]
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
_____________________________________, a/an _____________(State) Corporation authorized to do
business in the State of Florida, of the City of ____________________ County of
__________________________ and State of ____________, 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: [WTP No. 1 Improvements – Pressure Filter Modifications & Absorption System
Automation]
PROJECT NO.: [ 15-0031-UT]
in the amount of $ 430,076.00
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.
SECTION V Page 4 of 15 Updated: 2/6/2017
CONTRACT
(2)
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).
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, 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.
SECTION V Page 5 of 15 Updated: 2/6/2017
CONTRACT
(3)
In addition to all other contract requirements as provided by law, the contractor executing this agreement
agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756
The contractor’s agreement to comply with public records law applies specifically to:
a)Keep and maintain public records required by the City of Clearwater (hereinafter “public
agency”) to perform the service being provided by the contractor hereunder.
b)Upon request from the public agency’s custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
c)Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d)Upon completion of the contract , transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s
custodian of public records, in a format that is compatible with the information technology
systems of the public agency.
e)A request to inspect or copy public records relating to a public agency’s contract for services
must be made directly to the public agency. If the public agency does not possess the requested
records, the public agency shall immediately notify the contractor of the request and the
contractor must provide the records to the public agency or allow the records to be inspected or
copied within a reasonable time.
f)The contractor hereby acknowledges and agrees that if the contractor does not comply with the
public agency’s request for records, the public agency shall enforce the contract provisions in
accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
h)If a civil action is filed against a contractor to compel production of public records relating to a
public agency’s contract for services, the court shall assess and award against the contractor
the reasonable costs of enforcement, including reasonable attorney fees, if:
SECTION V Page 6 of 15 Updated: 2/6/2017
CONTRACT
(4)
1. The court determines that the contractor unlawfully refused to comply with the public
records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written notice of
the public records request, including a statement that the contractor has not complied
with the request, to the public agency and to the contractor.
i)A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public
records and to the contractor at the contractor’s address listed on its contract with the public
agency or to the contractor’s registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be in an electronic
format.
j)A contractor who complies with a public records request within 8 business days after the notice
is sent is not liable for the reasonable costs of enforcement.
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
__________________________________________
(Contractor)
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 – provide Affidavit.
SECTION V Page 7 of 15 Updated: 2/6/2017
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: [WTP No. 1 Improvements – Pressure
Filter Modifications & Absorption System Automation Project]
[Engineering Dept.] PROJECT NO.: [15-0031-UT]
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: [RTD Construction, 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:
[insert name of Surety]
[address]
[address] ,SURETY,
on bond of
[RTD Construction, Inc. ]
[P.O. Box 2439]
[Zephyrhills, FL 33539] ,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 Dept. ]
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#17-3460
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: ReportIn Control: Planning & Development
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Update on the transportation planning work program conducted by the Planning and
Development Department. (WSO)
SUMMARY:
The provision of adequate transportation facilities infrastructure is one of the most important
components needed to support future redevelopment and increase investors’ confidence in
the City of Clearwater. Facilitating the movement of people and goods safely and efficiently is
of utmost importance to ensure the success of the City, and a multi-modal choice approach
will be necessary in order to accommodate future growth without sacrificing roadway mobility
efficiency. In Fiscal Year 2016/17, the City created a new Transportation Planner position
within the Planning and Development Department, recognizing the need for long-term
transportation planning, plans integration and coordination activities with regional and local
agencies. Planning and Development Department staff has created a roadmap for the City of
Clearwater to achieve its objectives for a safe, efficient, and convenient transportation system.
The Planning and Development Department will provide City Council with an update on its
transportation planning initiatives, including:
·Complete Streets Planning
·Bicycle Friendly Community (BFC) Certification
·Updates to Shifting Gears, the City’s Bicycle and Pedestrian Master Plan
·Other Transportation Planning Projects
One of the priorities is to develop a Complete Streets Implementation Plan. The objectives of
this Plan are to:
·Adopt a Complete Streets Policy for the City of Clearwater
·Build stakeholders’ consensus (internally and externally) on the elements of Complete
Streets
·Develop a framework for projects prioritization and delivery process
·Adopt Complete Streets design guidelines for the City of Clearwater
·Provide an implementation action plan
In March 2017, the City was awarded a grant from Forward Pinellas to develop a Complete
Streets Concept Design for Drew Street. If the City Council chooses to accept this grant, the
Page 1 City of Clearwater Printed on 5/1/2017
File Number: ID#17-3460
Drew Street project will serve as a pilot project supporting the development of the citywide
Complete Streets plan. The unique characteristics of Drew Street offer a great opportunity to
test and evaluate a wide range of Complete Street strategies.
The Planning and Development Department has already started preliminary work to update to
the City’s 2006 Bicycle and Pedestrian Master Plan, Shifting Gears, which will be completed
in-house, alongside the other transportation planning projects. This update will include an
assessment of the effectiveness of plan implementation to date, as well the creation of an
updated bicycle and pedestrian facilities inventory and projects status list. In conjunction with
the other projects, it may be necessary to re-define the vision, goals and objectives within the
plan.
In response to City Council’s desire to become a Bicycle Friendly City (BFC), a designation
administered by The League of American Bicyclists (the League), staff has conducted an
initial assessment using the League’s designation assessment chart “The Building Blocks of a
Bicycle Friendly Community.” The BFC designation is based on how well a city is providing
safe accommodations for bicycling and encouraging people to bike for transportation and
recreation. A city’s award level is determined by evaluating a city’s facilities based on five
overall attributes and three key outcomes.
Based on information from Shifting Gears, complemented by available current information, the
initial assessment indicated that the City has a strong system of regional recreational trails,
and there is great potential for rapidly increasing bicycle ridership by enhancing connectivity to
the existing trails. However, overall the City scored poorly due to the limited bicycle facilities,
low bicycle ridership, and other metrics factored in by the League. For example, under the
Engineering attributes, the BFC designation takes into account the total bicycle network
mileage to total road network mileage. The City’s biking facilities total mileage makes up only
9% of the total roadway network, where at least 26% is required to achieve the BFC-Bronze
designation, or an additional 86 miles of biking facilities for this one measure.
The Complete Streets Implementation Plan project and the update to Shifting Gears will
address several items necessary to achieve the BFC-Bronze designation, including:
·Assessing the effectiveness of the Shifting Gears implementation plan (i.e., policies,
strategies, and actions)
·Establishing a Bicycle/Pedestrian Advisory Group
·Developing a biking facilities inventory system, a GIS-based system
·Developing an active projects status list to track all related projects (proposed,
approved, under construction/ maintenance, and completed)
·Developing a framework for projects prioritizations with robust evaluation methodology
and fair selection criteria that considers (cost, connectivity, safety, demand, and equity)
·Developing performance measure metrics
In addition to identifying what larger projects the City should consider undertaking to
strengthen its network, the Planning and Development Department will provide a brief
summary of other work being completed as part of this update on the transportation planning
Page 2 City of Clearwater Printed on 5/1/2017
File Number: ID#17-3460
work program.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 3 City of Clearwater Printed on 5/1/2017
| 1 CITY OF CLEARWATER
Transportation Planning Update
Planning & Development
Department
Zain Adam
Sr. Transportation Planner
| 2 CITY OF CLEARWATER
OUTLINE
1. Complete Streets Plan
2. Bicycle Friendly Community
3.Bicycle & Pedestrian Master Plan
4.Other Projects
| 3 CITY OF CLEARWATER
COMPLETE STREETS
Policy
Development
Implementation
Strategy
Drew St.
Concept Design
Complete Streets Strategy
Complete Streets Strategy Elements
Complete Streets Policy
“Complete Streets refers to
roadway design and operating
practices intended to safely
accommodate all travel modes’
users”
Complete Streets Strategy Elements
Complete Streets Policy
Elements
•Vision
•Jurisdictional
•Network Integration
•Design Standards & Guidelines
•Context Sensitivity
•Performance Measures
.
Complete Streets Strategy Elements
Implementation Plan
Development
•Public Outreach & Engagement
•Data Collection & Inventory
•Baseline Assessment
Complete Streets Strategy Elements
Implementation Plan
Development
•Projects Prioritization & Delivery
•Design Standards
•Performance Metrics
•Implementation Actions
Project Facts
•Project Fund: 50K Grant + 50K City Match
•Project Starting Date: Summer 2017
•Project Objective: Develop Complete Streets Concept
Plan
•Complement SR 60 Multimodal Project (Forward
Pinellas)
Pilot Project: Drew Street
Drew Street: Bike Network
Cleveland St.
Drew St. Duke Energy Trail Pinellas Trail Keene Rd. Belcher Rd. MLK Jr. Ave.
Policy
Development
Implementation
Plan
Drew St.
Concept Design
Pilot Project Informs Implementation Plan
•Public Outreach & Engagement
•GIS Database & Facilities Inventory
•Design Standards
•Performance Metrics
•Projects Prioritization & Delivery Framework
•Implementation Actions
| 12 CITY OF CLEARWATER
BICYCLE FRIENDLY COMMUNITY
| 13 CITY OF CLEARWATER
Bicycle Friendly Community
“BFC program provides a roadmap to improve
conditions for bicycling and the guidance to
create bike-able communities”
The League of American Bicyclists
| 14 CITY OF CLEARWATER
Bicycle Friendly Community
Florida’s BFC Facts
•Florida Ranked 24 in US
•21 BFC in Florida
•4 Silver
•17 Bronze
•No Diamond, Platinum, nor Gold
BFC in Tampa Region
•City of St. Petersburg (Bronze)
•City of Tampa (Bronze)
| 15 CITY OF CLEARWATER
BFC Assessment Chart
Bronze Diamond
| 16 CITY OF CLEARWATER
Engineering Attributes
•Complete Streets Policy
•Total Bicycle Network Mileage to Total Road Network
Mileage (%)
•Arterial Streets with Bike Lanes (%)
•Bike Access to Public Transportation
•Bike Facilities Design Standards
BFC Assessment Chart
Evaluation Attributes
•Current Bike Plan Being Implemented
•Bike Program Staff
| 17 CITY OF CLEARWATER
Education Attributes
•Public Education & Outreach
•Schools Offer Bicycling Education (%)
•Annual Adult Bicycling Skills Classes
BFC Assessment Chart
Enforcement Attributes
•Bicycle-Friendly Laws & Ordinances
•Law Enforcement/ Bicycling Liaison
| 18 CITY OF CLEARWATER
Encouragement Attributes
•Bike Month, Bike to Work Day & Bike to School Day
•Tourism Board/Local Chamber of Commerce
Promotes Bicycling
•Local Colleges Promote Bicycling
•Bike Clubs
•Local Bike Map Available for Different Skill Levels
BFC Assessment Chart
| 19 CITY OF CLEARWATER
BFC Engineering Attribute
Diamond
Current Status
45%
30% 26%
9% (45 Miles)
0%
Platinum
Silver
Bronze
70%
Bike Facilities/Total Mileage (%)
Need Additional 86 Miles of Bike Facilities to Reach Bronze
| 20 CITY OF CLEARWATER
BFC Engineering Attribute
Diamond
Current Status
78%
45%
33%
11% (18.5 Miles)
0%
Platinum
Silver
Bronze
90%
Need Additional 40 Miles of Bike -Lanes to Reach Bronze
Bike -Lane on Arterials (%)
| 21 CITY OF CLEARWATER
Key Outcomes Also Assessed
•Ridership Rate: At Least 1.2% of People Commuting
by Bicycle
•Bike Crash Rate: Not More Than 370 Per 10K of
Daily Commuters
•Bicyclist Fatalities Rate: Not More Than 4 Per 10K of
Daily Commuters
BFC Assessment Chart
| 22 CITY OF CLEARWATER
Updating Bicycle & Pedestrian Master Plan
Baseline
•Assess 2006 Master Plan Implementation
Plan Effectiveness
•Develop Bike/Ped. Facilities Inventory
System
•Develop Projects Status List
Going Forward
•Re-define Vision, Goals & Objectives
•Develop Projects Prioritization &
Implementation Framework
•Connectivity, Safety, Demand & Equity
•Develop Performance Measurement
Metrics
| 23 CITY OF CLEARWATER
Roadmap
Complete
Streets Policy
Complete Streets
Implementation Plan
Drew St.
Concept Design
Bike/Ped
Master Plan
BFC Strategy
•Projects Prioritization & Delivery
•Implementation Actions
•Public Outreach & Engagement
•GIS Database & Inventory
•Design Standards
•Performance Metrics
•Projects’ Status List
•Modified Prioritization Framework
•Modified Performance Measures
•Implementation Plan
| 24 CITY OF CLEARWATER
OTHER PROJECTS
| 25 CITY OF CLEARWATER
Surveyed Day-Tripper & Transit Riders
Survey Period: March 23rd - April 30th
Survey Objectives:
Identify Beach Trips Characteristics
Assess Visitors’ Likelihood to Change
Modes
Assess Existing Systems’ Performance:
Park & Ride Program
Ferry Service
Parking
Roadway
BEACH ACCESS SURVEY
| 26 CITY OF CLEARWATER
OTHER AGENCY PROJECTS COORDINATION
•Pedestrian Overpasses (FDOT)
•Gulf to Bay Blvd. & Bayshore Blvd.
•US-19 & Harn Blvd.
•ALT US-19 Corridor Study (FDOT)
•SR-60 Corridor Multimodal Study
(Forward Pinellas)
•Belcher & Gulf to Bay Intersection
(Pinellas County)
•PSTA Projects:
•Clearwater Beach Transit Station
•Clearwater Beach to TIA Express
•Clearwater Intermodal Center
| 27 CITY OF CLEARWATER
THANKS
THE BUILDING BLOCKS OF A
BICYCLE FRIENDLY COMMUNITY
GETTING STARTEDMAKING PROGRESSSETTING THE STANDARD
There’s no single route to becoming a Bicycle Friendly Community. In fact, the beauty of the BFC
program is the recognition that no two communities are the same and each can capitalize on its own
unique strengths to make biking better. But, over the past decade, we’ve pored through nearly 600
applications and identified the key benchmarks that define the BFC award levels. Here’s a glimpse at
the average performance of the BFCs in important categories, like ridership, safety and education.
33
%33%2
6%
43
%
50
%
60
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80
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7
0%90%per 10Kcitizensper 20Kcitizensper 32Kcitizensper 70Kcitizensper 77K citizens78%65%4
5%45%4
3%
3
0%
1.2%
3.5%
5.5%
12%
20%
370
100
180
90
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BRONZESILVERGOLDPLATINUMDIAMOND
BICYCLEFRIENDLYCOMMUNITY
DIAMOND
BICYCLEFRIENDLYCOMMUNITY
PLATINUM
BICYCLEFRIENDLYCOMMUNITY
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SILVER
BICYCLEFRIENDLYCOMMUNITY
BRONZEEDUCATIONENGINEERING E
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EVALUATION
KEY OUTCOMES
ENFORCEMENTLAW ENFORCEMENT/BICYCLING LIASONBICYCLE-FRIENDLY LAWS/TOTAL BICYCLE N ETW O R K p e o p l e c o m muting
BIKE PLAN IS
ACTIVE BIKE CLUBS &
BIKE M
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EEADVOCACY GROUPNETWORK M ILEAG ERECREATIONAL FACILITIES LIKE BIKE PARKS & VELODROMESIMPLEMENTED
ORDINANCES IN PLACESPUBLIC EDUCATION ANNUAL OFFERING % OF PRIMARY & SECONDARY SCHOOLS OFFERING BICYCLING EDUCATIONBIKE ACCESS TO AR TE R IA L S T R E E T S
1 BIKE PROGRAM
STAFF PERSON
R I D E R S H I P FATALITIES per 10k daily commuter
CRASHES per 10k daily commuter
W ITH B IK E L A N E S
PUBLIC TRANSPORTATIONOF ADULT BICYCLING SKILLS CLASSESOUTREACHproduced by
Designed by Language Dept.
WWW.BIKELEAGUE.ORG
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3406
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Authorize a purchase order (contract) to Andritz Separation of Arlington, TX in the annual
amount of $300,000.00, with the option for two, one-year term extensions for the purchase of
parts and service and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Andritz is the Original Equipment Manufacturer (OEM) for replacement parts and service used
in the Belt Presses and Centrifuges at the Northeast and Marshall Street Water Reclamation
Facilities (WRF). Belt Presses and Centrifuges (liquid/solid separation equipment) greatly
reduce the volume of biosolids that must be disposed by land application, thus greatly
reducing the cost of biosolids disposal.
The replacement parts and service are being purchased as a sole source due to the benefits
of standardization in accordance with Article II, Section 2.564(1)(b), Code of Ordinances.
The City has a performance based contract with Siemens. The Centrifuges must be kept
functional to meet compliance regulations of the contract and the Florida Department of
Environmental Protection Permits.
APPROPRIATION CODE AND AMOUNT:
0421-01351-550400-535-000-0000 $100,000.00 FY16/17
0421-01351-550400-535-000-0000 $200,000.00 FY17/18
Sufficient funding is available in the Water & Sewer Utility Fund operating cost center
0421-01351, Wastewater Environmental Technologies Operations, in the amount of
$100,000.00 to fund the current fiscal year’s cost of the contract. The funding for the
remaining balance of $200,000.00 occurring in fiscal year 2018 will be included in the Water &
Sewer Utility Fund recommended operating budget from the Public Utilities Director.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 5/1/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3439
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Request for authority to settle the case of Gail Scott vs. City of Clearwater Case No.
16-003177-CI for $65,000.00. (consent)
SUMMARY:
Gail Scott alleges that on August 25, 2015, a vehicle operated by a City of Clearwater
employee collided with her vehicle on Drew Street at or near the intersection of Hercules
Avenue. She alleges injuries to her shoulder, neck and back as a result.
Authority is being sought to settle this case for $65,000.00, in exchange for which the City will
receive a full release and the pending civil action will be dismissed with prejudice.
APPROPRIATION CODE AND AMOUNT:
0-590-07590-545900-519-000-000
Page 1 City of Clearwater Printed on 5/1/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3456
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Request for authority to appeal an order final summary judgment against the City in the case
of Bayesplanade.com , LLC v. City of Clearwater (Case No. 16-000697-CI). (consent)
SUMMARY:
On February 3, 2016, Bayesplanade.com, LLC, filed a civil lawsuit in the Circuit Court of
Pinellas County against the City of Clearwater seeking to quit title to a certain tract of
submerged land lying east of Clearwater Island.
Both parties filed motions for summary judgment and on April 18, 2017, the Circuit Court
granted Bayesplanade’s motion and denied the City’s motion.
The City Attorney’s Office believes that the City ’s motion for summary judgment was
meritorious and that the City should appeal the judgment to the Second District Court of
Appeals.
The costs relative to this appeal would come from copy and other administrative overhead
costs, estimated to be $300.00.
APPROPRIATION CODE AND AMOUNT:
0-590-07000-545900-519-000-0000
Page 1 City of Clearwater Printed on 5/1/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8980-17 2nd rdg
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 6.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8980-17 on second reading, amending the future land use element of the
Comprehensive Plan of the city to change the land use designation for a 0.72 acre portion of
certain real property whose post office address is 2251 Montclair Road, Clearwater, Florida
33763, from Preservation (P), to Residential Medium (RM).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/1/2017
Ordinance No. 8980-17
ORDINANCE NO. 8980-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO CHANGE THE LAND USE DESIGNATION FOR A
0.72-ACRE PORTION OF CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD
APPROXIMATELY 770 FEET WEST OF NORTH BELCHER
ROAD, WHOSE POST OFFICE ADDRESS IS 2251
MONTCLAIR ROAD, CLEARWATER, FLORIDA 33763,
FROM PRESERVATION (P), TO RESIDENTIAL MEDIUM
(RM); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property as follows:
Property
See attached Exhibit A for Legal
Description
(LUP2016-08008)
Land Use Category
From: Preservation (P)
To: Residential Medium (RM)
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 contingent upon and subject to the
approval of the land use change by the Pinellas County Board of Commissioners, where
applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within
thirty (30) days after adoption, then this ordinance will take effect only after approval of
the land use designation by the Pinellas County Board of Commissioners and upon
issuance of a final order determining this amendment to be in compliance either by the
Department of Economic Opportunity (DEO) or the Administration Commission, where
applicable, pursuant to section 163.3187, Florida Statutes. The Community
Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the
Pinellas Planning Council, an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Element of the City’s Comprehensive
Plan as amended by this ordinance.
Ordinance No. 8980-17
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
LUP2016-08008, REZ2016-08005
As furnished by applicant
Parcel One 0.37 acres
Parcel Two 0.36 acres
Exhibit B
FUTURE LAND USE MAP
Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008
REZ2016-08005
Site: 2251 Montclair Road Property
Size(Acres): 0.72
Land Use Zoning
PIN: 06-29-16-00000-230-0200
From: P P
To: RM MHDR Atlas Page: 254A
P
RM
RU
R/O/R
P
CG
WATER
RLM
RL
R/OG T/UN BELCHER RD MONTCLAIR RD
SUNSET POINT RD N OLD COACHMAN RDUTOPIAN DR E
ALBRIGHT DR
CITRUS CT 225118991899
2 16 4
2286
1959
20012277
1880
1955
1921
2 1 5 8
1876
1935
1973
22542 1 70 20221927
2279
1887217 6 226522882288
1923
187622512182
2275
1937
1875
1911
1 8 8 1
195122002280
1911
223022242270189321852236187622661875
2188
1931226322721951
1919
224221552194
1899224822671875
22842210
2231220923001875
2281
1975
2 0 2 1
1963
2017
2285
1943
1947
19232274 1967
2273 228220272262015
2271
2
RM
P RM
RM
P
RL
RU
RM
RU
RU
P
P -Not to Scale--Not a Survey-Rev. XX/XX/XX-Not to Scale--Not a Survey-Rev. 11/30/16
RU
Parcel
One
Parcel
Two
View looking west, across Belcher Rd, at the subject parcel, 2251
Montclair Road
View looking south, across Montclair Road, at the subject
parcel, 2251 Montclair Road
View looking west at the subject parcel View looking south from the subject parcel
View to the west View looking north from the subject property across MontclairView to the west View looking north from the subject property, across Montclair
Road
LUP2016-08008
Montclair Lake Townhomes LLC
2251 Montclair Road
Page 1
View looking easterly along Montclair Road View looking westerly along Montclair Road
View looking northerly along Belcher Road View to looking southerly along Belcher Road
LUP2016-08008
Montclair Lake Townhomes LLC
2251 Montclair Road
Page 2
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8981-17 2nd rdg
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 6.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8981-17 on second reading, amending the Zoning Atlas of the city by
rezoning a 0.72 acre portion of certain real property whose post office address is 2251
Montclair Road, Clearwater, Florida 33763, from Preservation (P) to Medium High Density
Residential (MHDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/1/2017
Ordinance No. 8981-17
ORDINANCE NO. 8981-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING A 0.72-ACRE PORTION OF CERTAIN REAL
PROPERTY LOCATED ON THE SOUTH SIDE OF
MONTCLAIR ROAD APPROXIMATELY 770 FEET WEST
OF NORTH BELCHER ROAD, WHOSE POST OFFICE
ADDRESS IS 2251 MONTCLAIR ROAD, CLEARWATER,
FLORIDA 33763, FROM PRESERVATION (P) TO MEDIUM
HIGH DENSITY RESIDENTIAL (MHDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the Zoning Atlas 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 following described property in Clearwater, Florida, is hereby
rezoned, and the Zoning Atlas of the City is amended as follows:
Property Zoning District
See attached Exhibit A for Legal Description From: Preservation (P)
(REZ2016-08005) To: Medium High Density
Residential (MHDR)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 8980-17 by the Pinellas
County Board of Commissioners, where applicable.
Ordinance No. 8981-17
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
LUP2016-08008, REZ2016-08005
As furnished by applicant
Parcel One 0.37 acres
Parcel Two 0.36 acres
Exhibit B
ZONING MAP
Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008
REZ2016-08005
Site: 2251 Montclair Road Property
Size(Acres): 0.72
Land Use Zoning
PIN: 06-29-16-00000-230-0200
From: P P
To: RM MHDR Atlas Page: 254A N BELCHER RD MONTCLAIR RD
SUNSET POINT RD N OLD COACHMAN RDUTOPIAN DR E
ALBRIG HT DR
CITRUS CT NASH DR U T O P I A N D R W
P C
C
MHDR
MDR
LMDR
LMDR
O OMDR
MHDR
LMDR
LMDR2251
18991899
2 1 6 4
2286
20012277
1880
1921
2 1 5 8
2 0 2 1
22542017
2 1 7 0 20221927
2279
188721 76 226522882288
1923
18762251 1943
2275
1937
1947
1875
1911
1923
1 8 8 1
195122002280
1911 2270189322742185187622661875
2188
193122632272
19192155
2194
1899224822671875
22842210
223122092300LMD
LMD
LMD
2281
195 9
1975
2 0 2 3
1955
1935
1963
1973
2285
2182
223022241967
2273
223622821951
2242202722682015
2271
2
MHDR
MHDR -Not to Scale--Not a Survey-Rev. XX/XX/XX-Not to Scale--Not a Survey-Rev. 11/30/16
P
Parcel
One
Parcel
Two
View looking west, across Belcher Rd, at the subject parcel, 2251
Montclair Road
View looking south, across Montclair Road, at the subject
parcel, 2251 Montclair Road
View looking west at the subject parcel View looking south from the subject parcel
View to the west View looking north from the subject property across MontclairView to the west View looking north from the subject property, across Montclair
Road
REZ2016-08005
Montclair Lake Townhomes LLC
2251 Montclair Road
Page 1
View looking easterly along Montclair Road View looking westerly along Montclair Road
View looking northerly along Belcher Road View to looking southerly along Belcher Road
REZ2016-08005
Montclair Lake Townhomes LLC
2251 Montclair Road
Page 2
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9008-17
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 6.5
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9008-17 on second reading, annexing certain real property whose post office
address is 3115 Johns Parkway, Clearwater, Florida 33759, together with certain right-of-way
of Johns Parkway, 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 5/1/2017
Ordinance No. 9008-17
ORDINANCE NO. 9008-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF JOHNS PARKWAY
APPROXIMATELY 320 FEET EAST OF MCMULLEN BOOTH
ROAD, WHOSE POST OFFICE ADDRESS IS 3115 JOHNS
PARKWAY, CLEARWATER, FLORIDA 33759, TOGETHER
WITH CERTAIN RIGHT-OF-WAY OF JOHNS PARKWAY,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the real property described herein and depicted on the
map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 2, Johns Parkway Subdivision, according to the map or plat thereof, as
recorded in Plat Book 29, Page 41, of the Public Records of Pinellas County, Florida,
together with all rights-of-way of Johns Parkway abutting Lot 9;
(ANX2017-01001)
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. 9008-17
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
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
0.043
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR 3050211
40303040403040300
250
200
40242420
20
30
30
20
20
20
20 2 0
303024
24
05155
2242822410
44172
83843
04902 *17519*1 23 4
1 2 345 6 7 8 9 45
6
78
10111415161718
2 3 4 5 6 7 8 9 10 1112
123 45 678
91011 12 13 14 15 16 17
18
19
20
21
22
23
24
25
26
37 38 39 40 41 42 43 44
61
60
59
58
57
56
12
3
4
56
24/01
5.69
21/10 21/11
21/12 21/13 21/14 21/15
21/07
A C(C)
2
1
2
1
DOWNING ST
JOH NS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY
6
9
8
32
30
36
40
11
38
25
12
34
123 31073101311431273127312831063170314831463135314731553161316731373108312331603120316531093162313031333109314431403129314531473125315231363132313931193143315431163163313631643101310831263111317310 4 4
4 2
4 6
201 3105310331553110310031193118314931473117315831313 1
310631113135
31083172311231313115310131513112 3131
310731053129 314131073
314331133120310931453127
312531183115311031143133 3153-Not to Scale--Not a Survey-Rev. 2/17/2017
LOCATION MAP
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR BAYSHORE BLVD DOWNING ST
JOHNS PKWY K ST BAY LN S McMULLEN BOOTH RD OYSTER BAYOU WAY N McMULLEN BOOTH RD CHERRY LN
FE ATH E R WO O D C T
CLEVELAND ST SEAGRAPE CIR MACDONALD DR
COLONIAL DR ESTUARY TRL -Not to Scale--Not a Survey-PROJECT
SITE Rev. 3/14/2017
PROJECT
SITE
^^
AERIAL PHOTOGRAPH
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
0.043
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR
DOWNING ST DOWNING ST
JOHNS PKWY JOHNS PKWY McMULLEN-BOOTH RD McMULLEN-BOOTH RD OYSTER BAYOU WAY OYSTER BAYOU WAY
COLONIAL DR COLONIAL DR ESTUARY TRL ESTUARY TRL -Not to Scale--Not a Survey-Rev. 2/17/2017
EXISTING SURROUNDING USES
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
0.043
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR 3050211
40303040403040300
250
200
40242420
20
30
30
20
20
20
20 2 0
303024
24
05155
2242822410
44172
83843
04902 *17519*1 23 4
1 2 345 6 7 8 9 45
6
78
10111415161718
2 3 4 5 6 7 8 9 10 1112
123 45 678
91011 12 13 14 15 16 17
18
19
20
21
22
23
24
25
26
37 38 39 40 41 42 43 44
61
60
59
58
57
56
12
3
4
56
24/01
5.69
21/10 21/11
21/12 21/13 21/14 21/15
21/07
A C(C)
2
1
2
1
DOWNING ST
JOH NS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY
6
9
8
32
30
36
40
11
38
25
12
34
123 31073101311431273127312831063170314831463135314731553161316731373108312331603120316531093162313031333109314431403129314531473125315231363132313931193143315431163163313631643101310831263111317310 4 4
4 2
4 6
201 3105310331553110310031193118314931473117315831313 1
310631113135
31083172311231313115310131513112 3131
310731053129 314131073
314331133120310931453127
312531183115311031143133 3153-Not to Scale--Not a Survey-Rev. 2/17/2017
Mobile Home Park
Single Family Residential
Multi Family
Residential
Place of Worship
Single Family Residential
View looking south at the subject property, 3115 Johns Parkway East of the subject property
West of the subject property Across the street, to the north of the subject property
ANX2017-01001
REO Recovery Lawyers LLC
3115 Johns Parkway
View looking easterly along Johns Parkway View looking westerly along Johns Parkway
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9009-17
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 6.6
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9009-17 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 3115 Johns Parkway, Clearwater, Florida 33759, 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 5/1/2017
Ordinance No. 9009-17
ORDINANCE NO. 9009-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTY LOCATED ON THE SOUTH SIDE OF JOHNS
PARKWAY APPROXIMATELY 320 FEET EAST OF
MCMULLEN BOOTH ROAD, WHOSE POST OFFICE
ADDRESS IS 3115 JOHNS PARKWAY, CLEARWATER,
FLORIDA 33759, 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 2, Johns Parkway Subdivision, according
to the map or plat thereof, as recorded in
Plat Book 29, Page 41, of the Public
Records of Pinellas County, Florida;
Residential Urban
(RU)
(ANX2017-01001)
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. 9008-17.
Ordinance No. 9009-17
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 Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR 3050211
40303040403040300
250
200
40242420
20
30
30
20
20
20
20 2 0
303024
24
05155
2242822410
44172
83843
04902 *17519*1 23 4
1 2 345 6 7 8 9 45
6
78
1213123101112131415161718
2 3 4 5 6 7 8 9 10 1112
1 23 45678
91011 12 13 14 15 16 17
18
19
20
21
22
23
24
25
26
37 38 39 40 41 42 43 44
61
60
59
58
57
56
1 2
3
4
56
24/01
5.69
21/10 21/11
21/12 21/13 21/14 21/15
21/07
A C(C)
2
1
2
1
I
DOWNING ST
RU
JOH NS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY RU
I
RLM
RU
RU
R/OL
6
9
8
32
30
36
40
38
25
34
123 31073101311431273127312831063170314831463135314731553161316731373123316031203165310931623130310931443140312931453147312531523136313931193143315431163163313631643101310831263111317310 4 411
3
3
12
4 6
3
201 3105310331553110310031193118314931473117315831313 1
310631113135
3108310831723112313131333115310131513112 3131
310731053129 3141313231073 1
3143311331203
310931453127
312531183115311031143133 3153-Not to Scale--Not a Survey-Rev. 2/24/2017
LOCATION MAP
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR BAYSHORE BLVD DOWNING ST
JOHNS PKWY K ST BAY LN S McMULLEN BOOTH RD OYSTER BAYOU WAY N McMULLEN BOOTH RD CHERRY LN
FE ATH E R WO O D C T
CLEVELAND ST SEAGRAPE CIR MACDONALD DR
COLONIAL DR ESTUARY TRL -Not to Scale--Not a Survey-PROJECT
SITE Rev. 3/14/2017
PROJECT
SITE
^^
AERIAL PHOTOGRAPH
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
0.043
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR
DOWNING ST DOWNING ST
JOHNS PKWY JOHNS PKWY McMULLEN-BOOTH RD McMULLEN-BOOTH RD OYSTER BAYOU WAY OYSTER BAYOU WAY
COLONIAL DR COLONIAL DR ESTUARY TRL ESTUARY TRL -Not to Scale--Not a Survey-Rev. 2/17/2017
EXISTING SURROUNDING USES
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
0.043
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR 3050211
40303040403040300
250
200
40242420
20
30
30
20
20
20
20 2 0
303024
24
05155
2242822410
44172
83843
04902 *17519*1 23 4
1 2 345 6 7 8 9 45
6
78
10111415161718
2 3 4 5 6 7 8 9 10 1112
123 45 678
91011 12 13 14 15 16 17
18
19
20
21
22
23
24
25
26
37 38 39 40 41 42 43 44
61
60
59
58
57
56
12
3
4
56
24/01
5.69
21/10 21/11
21/12 21/13 21/14 21/15
21/07
A C(C)
2
1
2
1
DOWNING ST
JOH NS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY
6
9
8
32
30
36
40
11
38
25
12
34
123 31073101311431273127312831063170314831463135314731553161316731373108312331603120316531093162313031333109314431403129314531473125315231363132313931193143315431163163313631643101310831263111317310 4 4
4 2
4 6
201 3105310331553110310031193118314931473117315831313 1
310631113135
31083172311231313115310131513112 3131
310731053129 314131073
314331133120310931453127
312531183115311031143133 3153-Not to Scale--Not a Survey-Rev. 2/17/2017
Mobile Home Park
Single Family Residential
Multi Family
Residential
Place of Worship
Single Family Residential
View looking south at the subject property, 3115 Johns Parkway East of the subject property
West of the subject property Across the street, to the north of the subject property
ANX2017-01001
REO Recovery Lawyers LLC
3115 Johns Parkway
View looking easterly along Johns Parkway View looking westerly along Johns Parkway
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9010-17
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 6.7
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9010-17 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 3115 Johns Parkway, Clearwater, Florida
33759, 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 5/1/2017
Ordinance No. 9010-17
ORDINANCE NO. 9010-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF JOHNS PARKWAY
APPROXIMATELY 320 FEET EAST OF MCMULLEN
BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3115
JOHNS PARKWAY, CLEARWATER, FLORIDA 33759,
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. 9008-17.
Property Zoning District
Lot 2, Johns Parkway Subdivision, according
to the map or plat thereof, as recorded in Plat
Book 29, Page 41, of the Public Records of
Pinellas County, Florida;
Low Medium Density Residential
(LMDR)
(ANX2017-01001)
Ordinance No. 9010-17
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 Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR 3050211
40303040403040300
250
200
40242420
20
30
30
20
20
20
20 2 0
303024
24
05155
2242822410
44172
83843
04902 *17519*1 23 4
1 2 345 6 7 8 9 45
6
78
1213123101112131415161718
2 3 4 5 6 7 8 9 10 1112
12 3 4567 8
9 10 11 12 13 14 15 16 17
18
19
20
21
22
23
24
25
26
37 38 39 40 41 42 43 44
4
61
60
59
58
57
56
12
3
4
56
24/01
5.69
21/10 21/11 21/12 21/13 21/14 21/15
21/07
A C(C)
2
1
2
1
LMDR
DOWNING ST
JOH NS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY
I
LMDR
I
MHP
O MDR
LMDR
LMDRLMDR
LMDR
6
9
8
4 4
32
30
36
40
11
38
25
34
123 31073101312731273128310631703135314731553161316731373123316031203165310931623109314431403129314731253136313931193143315431163163313631643101310831263111317310
2
3
3
3
2
3
12
4 6
3
201 31053103311431553
311031003119311831483146314931473117315831313 1 5
310631113135
31083108317231123131313031333
31153101314531513112 3131
3107310531523129 3141313231073 1
3143311331203
310931453127
312531183115311031143133 3153-Not to Scale--Not a Survey-Rev. 2/24/2017
LOCATION MAP
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR BAYSHORE BLVD DOWNING ST
JOHNS PKWY K ST BAY LN S McMULLEN BOOTH RD OYSTER BAYOU WAY N McMULLEN BOOTH RD CHERRY LN
FE ATH E R WO O D C T
CLEVELAND ST SEAGRAPE CIR MACDONALD DR
COLONIAL DR ESTUARY TRL -Not to Scale--Not a Survey-PROJECT
SITE Rev. 3/14/2017
PROJECT
SITE
^^
AERIAL PHOTOGRAPH
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
0.043
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR
DOWNING ST DOWNING ST
JOHNS PKWY JOHNS PKWY McMULLEN-BOOTH RD McMULLEN-BOOTH RD OYSTER BAYOU WAY OYSTER BAYOU WAY
COLONIAL DR COLONIAL DR ESTUARY TRL ESTUARY TRL -Not to Scale--Not a Survey-Rev. 2/17/2017
EXISTING SURROUNDING USES
Owner(s): REO Recovery Lawyers LLC Case: ANX2017-01001
Site: 3115 Johns Parkway
Property
Size(Acres):
ROW (Acres):
0.24
0.043
Land Use Zoning
PIN: 16-29-16-44172-000-0020
From : RU R-3
Atlas Page: 292A To: RU LMDR 3050211
40303040403040300
250
200
40242420
20
30
30
20
20
20
20 2 0
303024
24
05155
2242822410
44172
83843
04902 *17519*1 23 4
1 2 345 6 7 8 9 45
6
78
10111415161718
2 3 4 5 6 7 8 9 10 1112
123 45 678
91011 12 13 14 15 16 17
18
19
20
21
22
23
24
25
26
37 38 39 40 41 42 43 44
61
60
59
58
57
56
12
3
4
56
24/01
5.69
21/10 21/11
21/12 21/13 21/14 21/15
21/07
A C(C)
2
1
2
1
DOWNING ST
JOH NS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY
6
9
8
32
30
36
40
11
38
25
12
34
123 31073101311431273127312831063170314831463135314731553161316731373108312331603120316531093162313031333109314431403129314531473125315231363132313931193143315431163163313631643101310831263111317310 4 4
4 2
4 6
201 3105310331553110310031193118314931473117315831313 1
310631113135
31083172311231313115310131513112 3131
310731053129 314131073
314331133120310931453127
312531183115311031143133 3153-Not to Scale--Not a Survey-Rev. 2/17/2017
Mobile Home Park
Single Family Residential
Multi Family
Residential
Place of Worship
Single Family Residential
View looking south at the subject property, 3115 Johns Parkway East of the subject property
West of the subject property Across the street, to the north of the subject property
ANX2017-01001
REO Recovery Lawyers LLC
3115 Johns Parkway
View looking easterly along Johns Parkway View looking westerly along Johns Parkway
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9011-17
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 6.8
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9011-17 on second reading, annexing certain real properties whose post
office addressees are 3052, 3059, and 3070 Hoyt Avenue, all within Clearwater, Florida
33759, together with certain rights-of-way of Hoyt, Moss, and Merrill Avenues, Terrace View
Lane, Lake Vista Drive, Glen Oak Avenue East and Glen Oak Avenue North, 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 5/1/2017
Ordinance No. 9011-17
ORDINANCE NO. 9011-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY NORTH OF DREW STREET,
SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF
MCMULLEN BOOTH ROAD, WHOSE POST OFFICE
ADDRESSES ARE 3052, 3059 AND 3070 HOYT AVENUE,
ALL WITHIN CLEARWATER, FLORIDA 33759, TOGETHER
WITH CERTAIN RIGHTS-OF-WAY OF HOYT, MOSS AND
MERRILL AVENUES, TERRACE VIEW LANE, LAKE VISTA
DRIVE, GLEN OAK AVENUE EAST, AND GLEN OAK
AVENUE NORTH, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owners of the real properties described herein and depicted on the
map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes and the Interlocal
Service Boundary Agreement authorized by Section 171.204, 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 properties are hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for legal descriptions
(ANX2017-02003)
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. 9011-17
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
ANX2017‐02003
=========================================================================================
No. Parcel ID Legal Description Address
1. 09-29-16-45144-009-0130 Lot 13, Block I 3052 Hoyt Avenue
2. 09-29-16-45144-010-0050 Lot 5, Block J 3059 Hoyt Avenue
3. 09-29-16-45144-009-0160 Lot 16, Block I 3070 Hoyt Avenue
together with all Right-of-Way of Hoyt Avenue abutting Lots 2-9, Block J, and Lot 1, Block N;
together with all Right-of-Way of Moss Avenue abutting Lot 1, Block N, and Lots 1 and 2, Block O;
The above in Kapok Terrace First Addition subdivision, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records
of Pinellas County, Florida;
together with all Right-of-Way of Merrill Avenue abutting Lots 10-17, Block A, and Lot 12, Block H;
together with all Right-of-Way of Moss Avenue abutting Lots 1 and 12, Block H, Lots 4-9, Block G, and Lots 1-4, Block F;
together with all Right-of-Way of Terrace View Lane abutting Lots 2-10, Block B;
together with all Right-of-Way of Glen Oak Avenue East abutting Lots 4-12, Block C;
together with all Right-of-Way of Glen Oak Avenue North abutting Lots 13-22, Block C;
together with all Right-of-Way of Lake Vista Drive abutting Lots 4 and 5, Block F, and Lots 8-14, Block E;
The above in Kapok Terrace subdivision, as recorded in PLAT BOOK 36, PAGE 14-15, of the Public Records of Pinellas
County, Florida.
Exhibit B
PROPOSED ANNEXATION
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR
50
41/01
1.2
184293038
SEE PLAT FOR DIMENSIONS*
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL60
60606060606060 60
60
30
207.5
190.5
190.5
207.5
207.5
60
60 60 6060202
198
20060 6060606088245
20808
053
45144
82890
45126
05311
C
E
F C
D
G
B
AH
O
J
I
234
5
6
7
8
9
10
11
1213141516171819202122232425
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
1 2 3 4 5
113141516
17 18 19 20 2
2829
303132
33 34 35 36 3
44
4
5
5
53
A
B C D E
N
(14)
1 2 3 4 5 6
7
8
9 10 11 12
1 2
3
32/01
31/01
5
33/02
1.4
34/02
1.4
33/01
1.57
AC(C)
A C(C)
AC(C)
A C(C)
AC(C)BAYVIEW AVE MERRILL AVE McMULLEN-BOOTH RD GRAND VIEW AVE
WOLFE RD
THOMAS RD
SAN MATEO ST MOSS AVE HOYT AVE
LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST
914
910
906
923
707
31083001300331113013300130003118302330243006301831093113300629503012932
920916
912
908
904
806
901
800
808
712
501
800
601
911918
602
928
906
915
917
801
607
708
809
801
815
701
511
924
907
4
900
908
807
510
600 30693064303530583019301030613034305929983030306530533041304230803036301230593012304731203040301230643076302530213024307131163072305030363047300030603019305330413047307131083006307130313013305530353041300630653112305930493077302931143007303531193041305830413041307030403113310731133048305230583112302030773117308130003040310430463047302430633030307630523070304030643046307531193057307630253074305330473065304630703053302630443035310030523007307730403031302531023018304630343030-Not to Scale--Not a Survey-Rev. 2/9/2017
LOCATION MAP
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR MADERA AVE DREW ST McMULLEN-BOOTH RD SAN JOSE ST ALAMEDA AVE SAN PEDRO ST
BAY LN BAYSHORE BLVD CHAMBLEE LN
BORDEAUX LN
EDENWOOD ST
RUTH ECKERD HALL DR
WOLFE RD JADEWOOD AVE GLEN OAK AVE N
SAN MATEO ST
TERRACE VIEW LN MISSION HILLS BLVD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
LAKE VISTA DR
KAPOK KOVE DR BRIGADOON DR SAN MATEO ST
LEMONWOOD ST
S A N C A R L O S
BRIGADOON CIR FEATHER DR -Not to Scale--Not a Survey-^
PROJECT
SITE
Rev. 2/8/2017
AERIAL PHOTOGRAPH
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE McMULLEN-BOOTH RD McMULLEN-BOOTH RD GRAND VIEW AVE GRAND VIEW AVE
WOLFE RD WOLFE RD
THOMAS RD THOMAS RD
SAN MATEO ST SAN MATEO ST
SAN BERNADINO ST SAN BERNADINO ST MOSS AVE MOSS AVE HOYT AVE HOYT AVE
LAKE VISTA DR LAKE VISTA DR
GLEN OAK AVE NGLEN OAK AVE N
TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 2/8/2017
EXISTING SURROUNDING USES MAP
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR
50
41/01
1.2
184293038
SEE PLAT FOR DIMENSIONS*
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL60
60606060606060 60
60
30
207.5
190.5
190.5
207.5
207.5
60
60 60 6060202
198
20060 6060606088245
20808
053
45144
82890
45126
05311
C
E
F C
D
G
B
AH
O
J
I
234
5
6
7
8
9
10
11
1213141516171819202122232425
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
1 2 3 4 5
113141516
17 18 19 20 2
2829
303132
33 34 35 36 3
44
4
5
5
53
A
B C D E
N
(14)
1 2 3 4 5 6
7
8
9 10 11 12
1 2
3
32/01
31/01
5
33/02
1.4
34/02
1.4
33/01
1.57
AC(C)
A C(C)
AC(C)
A C(C)
AC(C)BAYVIEW AVE MERRILL AVE McMULLEN-BOOTH RD GRAND VIEW AVE
WOLFE RD
THOMAS RD
SAN MATEO ST MOSS AVE HOYT AVE
LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST
914
910
906
923
707
31083001300331113013300130003118302330243006301831093113300629503012932
920916
912
908
904
806
901
800
808
712
501
800
601
911918
602
928
906
915
917
801
607
708
809
801
815
701
511
924
907
4
900
908
807
510
600 30693064303530583019301030613034305929983030306530533041304230803036301230593012304731203040301230643076302530213024307131163072305030363047300030603019305330413047307131083006307130313013305530353041300630653112305930493077302931143007303531193041305830413041307030403113310731133048305230583112302030773117308130003040310430463047302430633030307630523070304030643046307531193057307630253074305330473065304630703053302630443035310030523007307730403031302531023018304630343030-Not to Scale--Not a Survey-Rev. 2/9/2017
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Single Family
Residential Commercial Vacant Parkland
View looking north at the subject property, 3052 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2017-02003
Eileen R. Roski
3052 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
View looking south at the subject property, 3059 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the north of the subject property
ANX2017-02003
Ronald J. and Connie Albright
3059 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
View looking north at the subject property, 3070 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2017-02003
Mary H. Clevenger
3070 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9012-17
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 6.9
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9012-17 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real properties whose
post office addressees are 3052, 3059, and 3070 Hoyt Avenue, all within Clearwater, Florida
33759, 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 5/1/2017
Ordinance No. 9012-17
ORDINANCE NO. 9012-17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTIES LOCATED GENERALLY NORTH OF DREW
STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST
OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE
ADDRESSES ARE 3052, 3059 AND 3070 HOYT AVENUE,
ALL IN CLEARWATER, FLORIDA 33759, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the Future Land Use 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 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
Lots 13 and 16, Block I, and Lot 5, Block J,
all in Kapok Terrace First Addition, as
recorded in Plat Book 49, Page 48, of the
Public Records of Pinellas County, Florida;
Residential Low
(RL)
(ANX2017-02003)
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. 9011-17.
Ordinance No. 9012-17
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): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR
50
41/01
1.2
184293038
SEE PLAT FOR DIMENSIONS*
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL60
60606060606060 60
60
30
207.5
190.5
190.5
207.5
207.5
60
60 60 6060202
198
20060 6060606088245
20808
053
45144
82890
45126
05311
C
E
F C
D
G
B
AH
O
J
I
234
5
6
7
8
9
10
11
1213141516171819202122232425
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
1 2 3 4 5
113141516
17 18 19 20 2
2829
303132
33 34 35 36 3
44
4
5
5
53
A
B C D E
N
(14)
1 2 3 4 5 6
7
8
9 10 11 12
1 2
3
32/01
31/01
5
33/02
1.4
34/02
1.4
33/01
1.57
AC(C)
A C(C)
AC(C)
A C(C)
AC(C)BAYVIEW AVE MERRILL AVE McMULLEN-BOOTH RD GRAND VIEW AVE
WOLFE RD
THOMAS RD
SAN MATEO ST MOSS AVE HOYT AVE
LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST
RL
RL
CG
RL
RLP
R/OS
CG
RH
R/OS
R/OS
RL
RL
RL
RL
RL
RL
RL
RU
RU
RU
RU
RU
WATER
RL
RH
WATER
R/OS
RUP
932
916
912
908
904
806
712
800
601
923
918
928
917
801
708
809
801
815
511
707
924
907
900
908
807
510
6003019
300330133001305030603000301331183023302430203006301830003026304431133006295030183012920
914
910
906
901
800
808
501
911
602
906
915
607
701
4306930643035310830013058301030613034305929983030311130653053304130423080303630123059301230473120304030123064307630253021302430713116307230363047300030193053304130473071310830063071303130553035304130063065311230593049307730293114300730353119304130583041304130703040311331073113304830523058311230773117308130403104304630473024306330303076305230703040306430463075310931193057307630253074305330473065304630703053303531003052300730773040303130253102304630343030-Not to Scale--Not a Survey-Rev. 2/9/2017
LOCATION MAP
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR MADERA AVE DREW ST McMULLEN-BOOTH RD SAN JOSE ST ALAMEDA AVE SAN PEDRO ST
BAY LN BAYSHORE BLVD CHAMBLEE LN
BORDEAUX LN
EDENWOOD ST
RUTH ECKERD HALL DR
WOLFE RD JADEWOOD AVE GLEN OAK AVE N
SAN MATEO ST
TERRACE VIEW LN MISSION HILLS BLVD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
LAKE VISTA DR
KAPOK KOVE DR BRIGADOON DR SAN MATEO ST
LEMONWOOD ST
S A N C A R L O S
BRIGADOON CIR FEATHER DR -Not to Scale--Not a Survey-^
PROJECT
SITE
Rev. 2/8/2017
AERIAL PHOTOGRAPH
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE McMULLEN-BOOTH RD McMULLEN-BOOTH RD GRAND VIEW AVE GRAND VIEW AVE
WOLFE RD WOLFE RD
THOMAS RD THOMAS RD
SAN MATEO ST SAN MATEO ST
SAN BERNADINO ST SAN BERNADINO ST MOSS AVE MOSS AVE HOYT AVE HOYT AVE
LAKE VISTA DR LAKE VISTA DR
GLEN OAK AVE NGLEN OAK AVE N
TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 2/8/2017
EXISTING SURROUNDING USES MAP
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR
50
41/01
1.2
184293038
SEE PLAT FOR DIMENSIONS*
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL60
60606060606060 60
60
30
207.5
190.5
190.5
207.5
207.5
60
60 60 6060202
198
20060 6060606088245
20808
053
45144
82890
45126
05311
C
E
F C
D
G
B
AH
O
J
I
234
5
6
7
8
9
10
11
1213141516171819202122232425
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
1 2 3 4 5
113141516
17 18 19 20 2
2829
303132
33 34 35 36 3
44
4
5
5
53
A
B C D E
N
(14)
1 2 3 4 5 6
7
8
9 10 11 12
1 2
3
32/01
31/01
5
33/02
1.4
34/02
1.4
33/01
1.57
AC(C)
A C(C)
AC(C)
A C(C)
AC(C)BAYVIEW AVE MERRILL AVE McMULLEN-BOOTH RD GRAND VIEW AVE
WOLFE RD
THOMAS RD
SAN MATEO ST MOSS AVE HOYT AVE
LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST
914
910
906
923
707
31083001300331113013300130003118302330243006301831093113300629503012932
920916
912
908
904
806
901
800
808
712
501
800
601
911918
602
928
906
915
917
801
607
708
809
801
815
701
511
924
907
4
900
908
807
510
600 30693064303530583019301030613034305929983030306530533041304230803036301230593012304731203040301230643076302530213024307131163072305030363047300030603019305330413047307131083006307130313013305530353041300630653112305930493077302931143007303531193041305830413041307030403113310731133048305230583112302030773117308130003040310430463047302430633030307630523070304030643046307531193057307630253074305330473065304630703053302630443035310030523007307730403031302531023018304630343030-Not to Scale--Not a Survey-Rev. 2/9/2017
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Single Family
Residential Commercial Vacant Parkland
View looking north at the subject property, 3052 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2017-02003
Eileen R. Roski
3052 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
View looking south at the subject property, 3059 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the north of the subject property
ANX2017-02003
Ronald J. and Connie Albright
3059 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
View looking north at the subject property, 3070 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2017-02003
Mary H. Clevenger
3070 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9013-17
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 6.10
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9013-17 on second reading, amending the Zoning Atlas of the city by zoning
certain real properties whose post office addressees are 3052, 3059, and 3070 Hoyt Avenue,
all within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
SUMMARY:
[Enter background information.]
APPROPRIATION CODE AND AMOUNT:
[Enter funding source codes and amounts.]
[Sample OPERATING Statement Delete if not needed -Funds are available in cost code
xxx-0xxxx-5xxxxx, object code title, to fund this contract.]
[Sample CAPITAL Statement Delete if not needed -Funds are available in capital improvement
project 315-9xxxx, project title, to fund this contract.]
[Sample CAPITAL Statement Delete if not needed - A first quarter budget amendment will
provide a transfer of $________ from capital improvement project 315-9xxxx, project title, to
capital improvement project 315-9xxxx, project title, to fund this contract.]
[Sample CAPITAL Statement Delete if not needed - A first quarter budget amendment will
establish capital improvement project 315-9xxxx, project title, recognizing a budget increase of
grant revenue in the amount of $______ to fund this contract.]
USE OF RESERVE FUNDS:
[Enter running total of items funded through reserves.]
[Sample Statement Delete if not needed - Funding for this contract will be provided by a _____
budget amendment allocating General Fund reserves in the amount of $_______ to capital
improvement project 9xxxx, project title. A net total of $_______ of General Fund reserves
has been used to date to fund expenditures in the 2014/15 operating budget. The remaining
balance in General Fund reserves is approximately $______, or ___% of the current General
Fund operating budget.]
Page 1 City of Clearwater Printed on 5/1/2017
Ordinance No. 9013-17
ORDINANCE NO. 9013 -17
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY NORTH OF DREW STREET, SOUTH OF SR
590, AND WITHIN ¼ MILE WEST OF MCMULLEN BOOTH
ROAD, WHOSE POST OFFICE ADDRESSES ARE 3052,
3059 AND 3070 HOYT AVENUE, ALL IN CLEARWATER,
FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning 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. 9011-17.
Property Zoning District
Lots 13 and 16, Block I, and Lot 5, Block J,
all in Kapok Terrace First Addition, as
recorded in Plat Book 49, Page 48, of the
Public Records of Pinellas County, Florida ;
Low Medium Density Residential
(LMDR)
(ANX2017-02003)
Ordinance No. 9013-17
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): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR
50
41/01
1.2
184293038
SEE PLAT FOR DIMENSIONS*
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL60
60606060606060 60
60
30
207.5
190.5
190.5
207.5
207.5
60
60 60 6060202
198
20060 6060606088245
20808
053
45144
82890
45126
05311
C
E
F C
D
G
B
AH
O
J
I
234
5
6
7
8
9
10
11
1213141516171819202122232425
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
1 2 3 4 5
113141516
17 18 19 20 2
2829
303132
33 34 35 36 3
44
4
5
5
53
A
B C D E
N
(14)
1 2 3 4 5 6
7
8
9 10 11 12
1 2
3
32/01
31/01
5
33/02
1.4
34/02
1.4
33/01
1.57
AC(C)
A C(C)
AC(C)
A C(C)
AC(C)
LMDR
LMDR
BAYVIEW AVE MERRILL AVE McMULLEN-BOOTH RD GRAND VIEW AVE
WOLFE RD
THOMAS RD
SAN MATEO ST MOSS AVE HOYT AVE
LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST
C
P
OS/R
OS/R
HDROS/R
LMDR
LDR
OS/RLMDRLMDRLMDR932
916
912
908
904
806
712
800
601
923
918
928
906
917
801
708
809
801
815
511
707
924
907
900
908
807
510
600 310830013019300330303111301230503036306030003013311830233024302030063018300031093026304431133006295030183012920
914
910
906
901
800
808
501
911
602
915
607
701
43069306430353058301030613034305929983065305330413013304230803036301230593012304731203040306430763025300130213024307131163072304730003019305330413047307131083006307130313055303530413006306531123059304930773029311430073035311930413058304130413070304031133107311330483052305831123077311730813040310430463047302430633030307630523070304030643046307531193057307630253074305330473065304630703053303531003052300730773040303130253102304630343030-Not to Scale--Not a Survey-Rev. 2/9/2017
LOCATION MAP
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR MADERA AVE DREW ST McMULLEN-BOOTH RD SAN JOSE ST ALAMEDA AVE SAN PEDRO ST
BAY LN BAYSHORE BLVD CHAMBLEE LN
BORDEAUX LN
EDENWOOD ST
RUTH ECKERD HALL DR
WOLFE RD JADEWOOD AVE GLEN OAK AVE N
SAN MATEO ST
TERRACE VIEW LN MISSION HILLS BLVD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
LAKE VISTA DR
KAPOK KOVE DR BRIGADOON DR SAN MATEO ST
LEMONWOOD ST
S A N C A R L O S
BRIGADOON CIR FEATHER DR -Not to Scale--Not a Survey-^
PROJECT
SITE
Rev. 2/8/2017
AERIAL PHOTOGRAPH
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE McMULLEN-BOOTH RD McMULLEN-BOOTH RD GRAND VIEW AVE GRAND VIEW AVE
WOLFE RD WOLFE RD
THOMAS RD THOMAS RD
SAN MATEO ST SAN MATEO ST
SAN BERNADINO ST SAN BERNADINO ST MOSS AVE MOSS AVE HOYT AVE HOYT AVE
LAKE VISTA DR LAKE VISTA DR
GLEN OAK AVE NGLEN OAK AVE N
TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 2/8/2017
EXISTING SURROUNDING USES MAP
Owner(s): Multiple Owners Case: ANX2017-02003
Site:
3052 Hoyt Avenue
3059 Hoyt Avenue
3070 Hoyt Avenue
Property
Size(Acres):
ROW (Acres):
0.558
7.792
Land Use Zoning
PIN:
09-29-16-45144-009-0130
09-29-16-45144-010-0050
09-29-16-45144-009-0160 From : RL R-4
Atlas Page: 283A To: RL LMDR
50
41/01
1.2
184293038
SEE PLAT FOR DIMENSIONS*
LAKE LOUISE
LAKE
LOUISE
LAKE
CAROL60
60606060606060 60
60
30
207.5
190.5
190.5
207.5
207.5
60
60 60 6060202
198
20060 6060606088245
20808
053
45144
82890
45126
05311
C
E
F C
D
G
B
AH
O
J
I
234
5
6
7
8
9
10
11
1213141516171819202122232425
1
2
3
456
(7)
1234567
8 9 10 11 12 13 14
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
1 2 3 4 5
113141516
17 18 19 20 2
2829
303132
33 34 35 36 3
44
4
5
5
53
A
B C D E
N
(14)
1 2 3 4 5 6
7
8
9 10 11 12
1 2
3
32/01
31/01
5
33/02
1.4
34/02
1.4
33/01
1.57
AC(C)
A C(C)
AC(C)
A C(C)
AC(C)BAYVIEW AVE MERRILL AVE McMULLEN-BOOTH RD GRAND VIEW AVE
WOLFE RD
THOMAS RD
SAN MATEO ST MOSS AVE HOYT AVE
LAKE VISTA DR
GLEN OAK AVE N
TERRACE VIEW LN GLEN OAK AVE ESAN BERNADINO ST
914
910
906
923
707
31083001300331113013300130003118302330243006301831093113300629503012932
920916
912
908
904
806
901
800
808
712
501
800
601
911918
602
928
906
915
917
801
607
708
809
801
815
701
511
924
907
4
900
908
807
510
600 30693064303530583019301030613034305929983030306530533041304230803036301230593012304731203040301230643076302530213024307131163072305030363047300030603019305330413047307131083006307130313013305530353041300630653112305930493077302931143007303531193041305830413041307030403113310731133048305230583112302030773117308130003040310430463047302430633030307630523070304030643046307531193057307630253074305330473065304630703053302630443035310030523007307730403031302531023018304630343030-Not to Scale--Not a Survey-Rev. 2/9/2017
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Single Family
Residential Commercial Vacant Parkland
View looking north at the subject property, 3052 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2017-02003
Eileen R. Roski
3052 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
View looking south at the subject property, 3059 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the north of the subject property
ANX2017-02003
Ronald J. and Connie Albright
3059 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
View looking north at the subject property, 3070 Hoyt Avenue East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2017-02003
Mary H. Clevenger
3070 Hoyt Avenue
View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3440
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: City Manager Verbal
Report
In Control: Council Work Session
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Sidewalk Improvement on Island Way
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/1/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3453
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Waiver of Comprehensive Sign Fee - Councilmember Jonson
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/1/2017
2017 -05 -01 Worksession CDI Waiver of Comp Sign Fee
1. At our Council Workshop on 2/13 we discussed the effectiveness of small projecting signs in
locating businesses in a pedestrian environment.
2. We heard that they are an allowable sign type under our sign code.
3. But we heard that the code allows only one attached sign type.
4. The Code allows multiple sign types under the optional comprehensive sign process, but this
costs and extra $400..
5. On 2/13, I suggested a temporary waiver of the comprehensive side fee until we can modify the
sign code to allow as a right projecting signs along with a regulat attached sign.
6. It is my understanding that the Planning and Development Director now supports that
recommendation, but needs approval from the Council.
Attachments:
a. Photo showing three Clearwater businesses with projecting signs
b. Photos of projecting signs in Dunedin and Miramare Beach
c. Photo Clearwater Downtown Businesses that could benefit from projecting signs
d. Roger Brooks International recommendation on projecting signs in a pedestrian business area
e. Notes from February 13, 2017 discussion of Waiver of Comp Sign Code Fees (including the 2010
Clearwater Streetssense recommendation on sign types)
2017 -05 -01 WS CDI Waiver of Comp Sign Fee 1 Printed 5/1/2017 8:11:20 AM
DSCN3477.JPG
01/29/2017 Miramar Beach
DSCN4077.JPG
03/27/2017
DSCN3478.JPG
01/29/2017
Dunedin DSCN4082.JPG
03/27/2017
DSCN3652.JPG
02/05/2017 Clearwater Businesses who could
summems
DSCN3681.JP DSCN3691.JPG
02/05/2017 benefit from projecting signs for pedestrian visibility 02/05/2017
DSCN3674.JPG
02/05/2017
20/20 Signage Equals $$$ - Video (3:08) - Roger Brooks Page 1 of 2
ROGER
r.•
ABOUT SPEAKING FREE TOOLS SERVICES CASE HISTORIES CLIENTS CONTACT HOME
20/20 Signage Equals $$$ - Video (3:08)
Aug 6 2014 Roger Brooks
In this video blog, Roger teaches the rule of perpendicular signs. Many shops in a downtown district simply
place their signs above the door or have them painted on windows. More often than not, these signs are
missed by potential customers totally unaware of what they have to offer or that they even exist.
How much business are you missing out on because of your signage?
Video length — 3:08
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http:// www. rogerbrooksinternational .com/2020- signage- equals/ 5/1/2017
2017 -02 -13 Jonson Waiver of Comp Sign Code Fees
1. Summary: Want to figure out some way to help Cleveland Street merchants to better identify
themselves to pedestrians thereby creating a more vibrant downtown.
2. Four things happened to me recently
a. Got a link from Zack at Chamber "The 20 Ingredients of an Outstanding Downtown."
Jan 4 forwarded to Council on 1/5)
b. I was in Miramar Beach 1/28 -29
c. I walked down Cleveland Street taking pictures from the pedestrian perspective (2/5)
d. I was in Dunedin 2/11
3. Recently was in Miramar Beach where their downtown had a great human feel. Because of the
link from Zack I Paid particular attention to their business identification signs — Photo one. From
a pedestrian perspective the hanging signs under that canopy were most effective in telling you
what was coming up next.
4. Observed the same in Dunedin where these signs are allowed in addition to regular attached
signs
5. Walking through Clearwater a few businesses have projecting signs that are perpendicular to
the street. But clearly missing an opportunity in that many don't identify themselves until you
get right in front of them. Can be more pedestrian oriented.
6. In talking with Planning, Clearwater allows perpendicular signs as well as regular building signs,
but only under the comp sign process.
7. Allowing projecting signs will possibly be a part of the upcoming revised basic downtown
regulations.
8. Today we have businesses on Cleveland Street that want projecting signs, but are deterred by
the $400 comp sign fee.
9. We are trying to activate Downtown. Let's say someone is on the sidewalk walking into the
new ClearSky, wouldn't it be nice for the pedestrian to be able to look down the sidewalk and
easily see what the neighboring businesses are. Not creating sign clutter, just information.
10. To activate Cleveland Street let's suspend the comp sign fee or do something else that would
allow pedestrian oriented signs more easily.
11. We have got so much great going on in downtown, just want to move it along a little faster. Just
do it.
12. Other
a. This was part of the 2010 Streetsense recommendations:
i. Clearwater: Section 3 -1806 Permitted signs requiring development review. 3. Attached
signs. The following signs shall be permitted in all non - residential districts: a. One
attached sign per business establishment.
ii. Streetsense April 7, 2010: Retailers should be encouraged to design their signage as
an integral part of their storefront, and should be encouraged to include multiple
signage types. The total area of these signs should be less than or equal to an area
permitted for all types of signage for a given storefront.
2017 -02 -13 Jonson Waiver of Comp Sign Code Fees 1 Printed 4/30/2017 8:37:10 PM
b. Recommended by Roger Brooks International
http:// www .rogerbrooksinternational.com /2020- signage- equals/
i. Develop perpendicular or "blade signs" in core downtown districts
ii. Typical guidelines: no lower than 7', no higher than 9', no wider than 42" Keep
them consistent in height and width so you don't create sign clutter.
iii. Create a merchant - driven signage review committee. This would include retail
signage, the use of sandwich boards, extension of windown displays into
exterior spaces.
2017 -02 -13 Jonson Waiver of Comp Sign Code Fees 2 Printed 4/30/2017 8:37:10 PM
Draft amendment to Clearwater Land Development code
Underlined is addition on page 2
Section 3 -1807. - Permitted signs requiring development review.
B.
Non - residential. All signs must be architecturally integrated into the design of the building
and /or site using similar and coordinated design and style features, materials and colors.
Attached signs shall be horizontally and vertically proportionately located on each facade
with no protrusions above roof lines, over windows, trim, cornices, or other building features.
Signs for new shopping centers with three or more tenants, including all out parcels, office
parks or any master plan development shall be reviewed and approved through the
Comprehensive Sign Program set forth in Section 3 -1808.
o 3.
Attached signs in non - residential districts. The following attached signs shall be
permitted in all non - residential districts:
a.
b.
c.
One attached sign shall be permitted for each building structure. For any building
structure with multiple business tenants on the ground floor, one attached sign may
be permitted per business establishment with a principal exterior entrance. The area
of an attached sign face shall not exceed:
ii.
Twenty -four square feet in total sign face area; or
Three percent of the primary facade area not to exceed 36 square feet in total
sign face area. Such signs are limited to one of the following sign types:
channel letters mounted directly to the building, flat cut out letters, contour
cabinet, illuminated capsule, sign applied to awning provided awning is
externally illuminated, letters on backer panels if designed as an integral part
of the sign and any other sign type of a higher quality of design if approved by
the community development coordinator. Square /rectangular cabinet signs,
back -lit awnings, and signs on raceways are prohibited.
In addition to the attached sign allowed in Section 3- 1807.B.3.a above, corner lots
or through lots may erect one attached sign on each building wall (or facade)
abutting a street frontage. Any such attached sign shall not exceed the sigh face area
specified in Section 3- 1807.B.3.a above.
Where individual business establishments with exterior entrances are located in a
single building, multi - tenant buildings, or as part of a business /office complex or
shopping center, attached signs shall be designed according to a common theme
including similar style, color, materials or other characteristics to provide a sense of
uniformity. Changes to individual tenant signage shall be reviewed for compliance
with the established or projected theme of the development site.
2017 -05 -02 Porojecting Signs Draft Amendment
1 printed 5/1/2017 7:18:31 AM
d.
e.
f.
Projecting signs may be used as a type of attached sign in the Downtown (D) and
Tourist (T) Districts, unless otherwise permitted by the community development
coordinator. They shall be installed with a minimum eight -foot clearance from the
bottom of the sign to grade or the sidewalk. Projecting signs shall comply with
encroachment into setback and rights- of- way Section „ 3_ 7_908. The community
development director coordinator may permit such signs for second story or
businesses above the first story in the Downtown and Tourist Districts if they meet
all other criteria for attached signage.
Under canopy or under awning signs may be used in addition to other attached
non - residential permitted signs subject to the following: [Note: based on Walton
Co.]
1. Hang from or mount under canopy /awning within limits of the
storefront to be set perpendicular to the storefront
2. Maximum 21" high x 42" wide — Maximum of one (1) sign per tenant,
double sided.
3. At least eight feet (8') of clear passage below
4. Only exterior light source permitted.
5. Hardware used to mount projecting sigs should be visually appealing,
durable and well- maintained.
Business establishments with rear facades with rear public entrances facing parking
lots or rear public entrances facing Clearwater Harbor or Mandalay Channel with
boating access may erect one additional attached sign not exceeding 16 square feet
in area above or adjacent to the rear entrance provided such sign is not a traditional
cabinet sign or channel letters erected on a raceway.
Gasoline pump island canopies may be permitted one attached sign on the canopy
fascia facing a public right -of -way provided such sign does not exceed eight square
feet in total sign face area.
2017 -05 -02 Porojecting Signs Draft Amendment
2 printed 5/1/2017 7:18:31 AM
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3387
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 13.1
SUBJECT/RECOMMENDATION:
Swim Across America Day Proclamation - Swim Across America Tampa Bay
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/1/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3391
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 13.2
SUBJECT/RECOMMENDATION:
Youth Sportsmanship Awards
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/1/2017
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#17-3390
Agenda Date: 5/1/2017 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 13.3
SUBJECT/RECOMMENDATION:
Federal Session Update Presentation (CMO) - Greg Burns, Van Scoyoc Associates
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/1/2017