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07/18/2019Thursday, July 18, 2019 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda July 18, 2019City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 July Service Awards 4.2 Police Department Re-accreditation - Chief Slaughter 5. Approval of Minutes 5.1 Approve the June 20, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. Page 2 City of Clearwater Printed on 7/17/2019 July 18, 2019City Council Meeting Agenda 7.1 Approve Engineer of Record (EOR) Supplemental Work Order One to McKim and Creed, Inc. in the amount of $96,600 for Inflow and Infiltration Flow Monitoring (18-0023-UT) and authorize the appropriate officials to execute same. (consent) 7.2 Approve Engineer of Record (EOR) Supplemental Work Order 1 to Atkins North America, in the amount of $58,933, for Cooper’s Point (18-0009-EN) and authorize the appropriate officials to execute same. (consent) 7.3 Approve a five-year agreement with Carollo Engineers, Inc., of Sarasota, FL, in the amount of $1,531,351 for Water Treatment Plant Number 2 System Improvements - Phase A (18-0034-UT) and authorize the appropriate officials to execute same. (consent) 7.4 Approve the extension of the Emergency Medical Services ALS First Responder Growth Management Agreement between Pinellas County and City of Clearwater for one additional one-year term, extending through September 30, 2020, and authorize the appropriate officials to execute same. (consent) 7.5 Authorize award of Invitation to Bid Number 38-19, Storage Area Network (SAN) Equipment, to Extensys, Inc., of Tampa FL, for installation and support of new SAN equipment, in the amount of $767,000, and authorize the appropriate officials to execute same. (consent) 7.6 Authorize a contract in the amount of $320,000.00 to Spectrum Enterprise of St. Louis, MO, for internet access and point-to-point data network services, and authorize the appropriate officials to execute same. (consent) 7.7 Approve an addendum to authorize the City an option for three 1-year renewal periods, for the contract between Property Registration Champions, LLC., a Florida limited liability company, and the City of Clearwater to manage the City's Foreclosure Property Registry and authorize the appropriate officials to execute same. (consent) 7.8 Authorize the award of Invitation to Bid 28-19, Manhole Rings and Covers, to Fortiline, Inc. of Tampa, FL, in the annual not-to-exceed amount of $60,000, with two one-year extensions at the City’s discretion and authorize the appropriate officials to execute same. (consent) 7.9 Appoint Christina M. Joseph to the Marine Advisory Board with term to expire July 31, 2023. (consent) 7.10 Appoint Gary H. Baker, Greg A. Brown and Meg Taylor to the Nuisance Abatement Board with terms to expire August 31, 2023. (consent) Page 3 City of Clearwater Printed on 7/17/2019 July 18, 2019City Council Meeting Agenda 7.11 Appoint Lucas Geraldi-Smith to the Sister Cities Advisory Board, as the youth member representative, to fill the remainder of an unexpired term through October 31, 2020. (consent) 7.12 Appoint Sioux Hart to the Brownfields Advisory Board, as a Clearwater resident member, with term to expire July 31, 2023. (consent) 7.13 Designate Mayor Cretekos to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 15-17, 2019. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2019/20; set public hearing dates on the budget for September 5, 2019 and September 19, 2019, to be held no earlier than 6:00 p.m., and schedule a special council meeting on Thursday, August 22 at 3:00 p.m. to fully discuss the proposed budget. 8.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for an unaddressed parcel on Pine Place and pass Ordinances 9287-19, 9288-19 and 9289-19 on first reading. (ANX2019-05012) 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 815 Glen Oak Avenue E. and 3053 Terrace View Lane, and pass Ordinances 9290-19, 9291-19, and 9292-19 on first reading. (ANX2019-05013) 8.4 Approve a Future Land Use Map amendment from the Residential Low (RL) category to the Residential Urban (RU) category for 3003 Merrill Avenue, 3025 Merrill Avenue and 512 Moss Avenue, and pass Ordinance 9283-19 on first reading. (LUP2019-03001) Page 4 City of Clearwater Printed on 7/17/2019 July 18, 2019City Council Meeting Agenda 8.5 Approve a Development Agreement between East Shore International Enterprises, LLC and 411 E S (property owner) and the City of Clearwater, providing for the allocation of eight units from the Hotel Density Reserve pursuant to Beach by Design, adopt Resolution 19-06, and authorize the appropriate officials to execute same. (HDA2019-03001; 400/405/408/409/411 East Shore Drive) 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9249-19 on second reading, amending the Clearwater Community Development Code, Section 5-1002, changing the composition of the Public Art and Design Board to include a representative from the Clearwater Arts Alliance, Inc. and a representative from Creative Pinellas. 9.2 Adopt Ordinance 9277-19 on second reading, vacating a blanket utility easement as recorded in Official Records Book 5138, Page 489 of the public records of Pinellas County, Florida. 9.3 Adopt Ordinance 9279-19 on second reading, annexing certain real property whose post office address is 3040 Terrace View Lane, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.4 Adopt Ordinance 9280-19 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3040 Terrace View Lane, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9.5 Adopt Ordinance 9281-19 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3040 Terrace View Lane, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.6 Adopt Ordinance 9293-19 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2019, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Stormwater Fund, Gas Fund and Parking Fund. 9.7 Adopt Ordinance 9294-19 as amended on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2019, to reflect a net increase of $375,145. 9.8 Adopt Ordinance 9297-19 on second reading, amending Clearwater Code of Ordinances Section 2.453, Miscellaneous Provisions, adding subsection (g), Missing Benefit Recipients relating to the Clearwater Firefighters’ Supplemental Pension and Retirement Plan. Page 5 City of Clearwater Printed on 7/17/2019 July 18, 2019City Council Meeting Agenda 10. City Manager Reports 10.1 Approve supplemental one work order to Stantec for design and construction administration for Phase I of Imagine Clearwater (17-0031-EN) in the amount of $5,644,322 and authorize the appropriate officials to execute same. 10.2 Authorize a Community Aesthetic Features Agreement between the City of Clearwater and the Florida Department of Transportation for a local identification marker (city logo) on a new pedestrian overpass bridge at Harn Boulevard and US 19 and adopt Resolution 19-11. 11. City Attorney Reports 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 6 City of Clearwater Printed on 7/17/2019 Invocation at the July 18, 2019 meeting of the Clearwater, Florida City Council, by Rev. John R. Thompson, Ph.D., DD. Of the Countryside Christian Church. For those of you who wish to join me in prayer, please do so. Eternal Father of our souls, grant to the members of this City Council and their staff members, the wisdom that you have promised to all those who ask. Turn their thouhts to you and open their hearts to Your Spirit, that they may receive that wisdom in their decisions, understanding in their thinking, concern in their attitudes, and mercy in their judgments. In their moments of searching for the right thing to do, that they experience a peace that surpasses all understanding, knowing that You are here to guide and direct them, if they reach out to You. Help all of us to know that Your will is that we are to be part of the answers we seek, and not part of the problems that beset us. This we ask in the name of Your Son, Jesus. Amen. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6349 Agenda Date: 7/18/2019 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: July Service Awards SUMMARY: 5 Years of Service: Raniel Heredia Police John Beebe Fire Lori Burdell Parks and Recreation Joshua Gibson Police Steven Venezia Police Scott Boeckel Police Joshua Sherman Solid Waste Alyce Benge Finance/Purchasing Belen Rubin Library 15 Years of Service: Carl Korczak Planning and Development Services Jaime Cuervo Garzon General Services William Anderson Public Utilities 20 Years of Service: Willie Jones Parks and Recreation Robert Ackerman Planning and Development Services David Yawn Fire Francis Whitney Fire Jon Lopez Fire Robert Keane Fire Michael Jones Fire Michael Hutto Fire Page 1 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6349 Jevon Graham Fire 25 Years of Service: Liza Beebe Police Susan Chase Official Records & Legislative Services June Employee of the Month - Matthew Anderson Page 2 City of Clearwater Printed on 7/17/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6405 Agenda Date: 7/18/2019 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Police Department Re-accreditation - Chief Slaughter SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6345 Agenda Date: 7/18/2019 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the June 20, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2019 City Council Meeting Minutes June 20, 2019 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, June 20, 2019 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes June 20, 2019 Page 2 City of Clearwater Roll Call Present: 4 - Mayor George N. Cretekos, Councilmember Jay Polglaze, Vice Mayor Bob Cundiff and Councilmember David Allbritton Absent: 1 - Councilmember Hoyt Hamilton Also Present: William B. Horne II – City Manager, Micah Maxwell – Deputy City Manager, Michael Delk – Interim Assistant City Manager, Pamela K. Akin City Attorney, and Nicole Sprague – Official Records & Legislative Services Coordinator. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Reverend Curtis Paige from Heritage United Methodist Church 3. Pledge of Allegiance – Councilmember Allbritton 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) - Given Solid Waste and General Services Director Earl Gloster presented a PowerPoint presentation regarding a recent fire that occurred at the City's recycling facility caused by lithium ion batteries. He reminded all that lithium batteries should not be placed in the blue bins as the City does not recycle those types of batteries. He urged all to follow the recycling instructions found on top of the blue bins. Mr. Gloster asked residents to call 562-4920 if they have questions regarding specific items. 4.1 Excellence in Youth Sportsmanship Winners - Jere Gunderman, Youth Sports Specialist 4.2 June Service Awards One service award was presented to a city employee. Draft City Council Meeting Minutes June 20, 2019 Page 3 City of Clearwater 5. Approval of Minutes 5.1 Approve the June 5, 2019 City Council Meeting Minutes and the May 14, 2019 Special City Council Meeting Minutes as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the June 5, 2019 City Council Meeting Minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Councilmember Polglaze moved to approve the May 14, 2019 Special City Council Meeting Minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5.2 Approve the December 3, 2018 Special City Council Meeting Minutes as submitted in written summation by the City Clerk. Vice Mayor Cundiff moved to approve the December 3, 2018 Special City Council Meeting Minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Hannah Joseph thanked the Council for allowing her to serve as the Youth Representative on the Sister Cities Advisory Board. She said she will be resigning from the Board in order to participate in the foreign student exchange program. Christina Joseph thanked the City for providing residents, such as her daughter, an opportunity to serve the community. Zoe Gambel provided an overview of her Capstone Project, which included the creation of a video on judicial review. She said the video will be shown at the 5th Judicial Court. Charlie Voight expressed concerns regarding recent code enforcement activity related to zoning and business license requirements. 7. Consent Agenda – Approved as submitted. Draft City Council Meeting Minutes June 20, 2019 Page 4 City of Clearwater 7.1 Clearwater Gas System (CGS) Fiscal Year 18/19 Dividend to the City General Fund Report and request for transfer back of $60,264 to the CGS Operating Fund to reimburse for repairs to the old Countryside Library roof and A/C. (consent) 7.2 Award a contract (Purchase Order) to Workscapes, Inc., in the amount of $433,150, for the purchase of furniture and cabinetry for the new Clearwater Gas System Administrative and Operations building and authorize the appropriate officials to execute same. (consent) 7.3 Approve a one-year Legal Services Agreement, in an amount not to exceed $15,000, with Thomas Gonzalez of Gray Robinson to review and revise several employment related documents and related Code of Ordinance sections and authorize the appropriate officials to execute same. (consent) 7.4 Approve a contract for the sale of surplus property owned by the City of Clearwater and located at 115 S. Martin Luther King Jr. Avenue to the Clearwater Community Redevelopment Agency (CRA) with a purchase price of $300,549.11 and authorize the appropriate officials to execute same. (consent) 7.5 Award a construction contract to Kelly Brothers, Inc., of Fort Myers, Florida, in the amount of $724,065.79 for the Mandalay Pedestrian Bridge Replacement (17-0051-EN) and authorize the appropriate officials to execute same. (consent) 7.6 Approve a contract for the sale of surplus property owned by the City of Clearwater located at the SW Corner of Cleveland St. and S. Dr. Martin Luther King Jr. Ave., legally described as; the North 282.5 feet of the East 50 feet of Block 5, according to the plat of Sarah McMullen’s Subdivision, as recorded in Plat Book 1, Page 41, Public Records of Pinellas County, Florida; together with all that part of the West 90 feet of the East 110 feet of the Northwest ¼ of the Northwest ¼ of Section 15, Township 29 South, Range 15 East, which lies between Eastwardly projections of the North and South Boundaries of the part of said Block 5 thus defined, less and except any road rights-of-way to the Clearwater Community Redevelopment Agency (CRA) with a purchase price of $364,782.89; and authorize the appropriate officials to execute same. (consent) 7.7 Approve a contract for the sale of surplus property owned by the City of Clearwater located at the Southwest Corner of Prospect Avenue and Park Street, legally described as Tract 3 of the Plat Mediterranean Village in the Park, as recorded in Plat Book 125, Pages 44-46 of the Public Records of Pinellas County, Florida, to the Clearwater Community Redevelopment Agency (CRA) with a purchase price of $260,000; and authorize the appropriate officials to execute same. (consent) 7.8 Approve a two-year extension of the Parking Consultant of Record Professional Services Agreements and authorize the appropriate officials to execute same. (consent) 7.9 Approve a two-year extension for Architect of Record (AOR) Professional Services Draft City Council Meeting Minutes June 20, 2019 Page 5 City of Clearwater Agreements and authorize the appropriate officials to execute same. (consent) 7.10 Approve the new four-year Engineer of Record (EOR) Professional Services Agreements, as listed, and authorize the appropriate officials to execute same. (consent) 7.11 Approve a Contract for Purchase of Real Property located at 601 S. Hercules Ave by the City of Clearwater of certain real property owned by Hercules Avenue Church of Christ at Clearwater, Inc., with a purchase price of $700,000 and total expenditures not to exceed $705,300; authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.12 Approve Purchase Orders to Rexel in the amount of $95,100.69, Instrument Specialties Inc. in the amount of $6,385 and Graybar in the amount of $9,665.69 for the Water Treatment Plant 1 (WTP 1) Programmable Logic Controller (PLC) Upgrades Project (17-0041-UT) and authorize the appropriate officials to execute same. (consent) 7.13 Reappoint Michael Mack and Edward T. O’Brien Jr. to the Marine Advisory Board with terms to expire May 31, 2023. (consent) 7.14 Appoint Camille J. Hebting to the Neighborhood and Affordable Housing Advisory Board, as the citizen who represents employers within the City of Clearwater, to fill the remainder of an unexpired term through September 30, 2021. (consent) Councilmember Allbritton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the request from the owner of property addressed 19337 US Hwy 19 N. (Applicant) to vacate a Blanket Utility Easement as recorded in Official Records Book 5138, Page 489 of the Public Records of Pinellas County, Florida, and pass Ordinance 9277-19 on first reading. VAC2019-10) The property owner of 19337 US Hwy 19 N., Clearwater has requested that the City vacate a Blanket Utility Easement previously granted to the City on the Applicant’s property. As a condition of the vacation, the Applicant will grant a defined replacement utility easement to the City. City stakeholders have reviewed the vacation request and have no objection. Draft City Council Meeting Minutes June 20, 2019 Page 6 City of Clearwater Councilmember Polglaze moved to approve the request from the owner of property addressed 19337 US Hwy 19 N. (Applicant) to vacate a Blanket Utility Easement as recorded in Official Records Book 5138, Page 489 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9277-19 was presented and read by title only. Vice Mayor Cundiff moved to pass Ordinance 9277-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 8.2 Declare surplus for the purpose of sale, through Invitation to Bid 41-19, certain real property located in the vicinity of Overbrook Avenue and Pinellas Trail, said real property legally described as: that tract of land West of Lot 67, Block G of Sunset Point Second Addition, and East of the Railroad Right-of-Way, a subdivision according to the Plat thereof, recorded in Plat Book 8, Page 14, Public Records of Pinellas County, Florida, whereby the successful bidder will assemble this landlocked vacant lot with an adjacent property owned in fee title, with an express prohibition against the parcel becoming an uneconomic remainder. (APH) On December 18, 2018, the City of Clearwater acquired this landlocked vacant lot via foreclosure. Two of the three adjacent property owners to the parcel expressed interest in acquiring this piece of land to combine with their existing property. This irregular shaped, landlocked parcel of land runs along the east side of the Pinellas Trail. Current ingress and egress from the parcel to a public street will require assemblage with adjacent owned lands. An independent appraisal was performed on the property on March 18, 2019 by Jim Millspaugh and Associates. This appraisal report determined that the fair market value is $6,000.00. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. City staff support declaring the property surplus and recommend council’s terms will require the successful bidder of the landlocked parcel be restricted to adjacent property owners in fee title. Councilmember Allbritton moved to declare surplus for the purpose of sale, through Invitation to Bid 41-19, certain real property located in the vicinity of Overbrook Avenue and Pinellas Trail, said real property legally described as: that tract of land West of Lot 67, Draft City Council Meeting Minutes June 20, 2019 Page 7 City of Clearwater Block G of Sunset Point Second Addition, and East of the Railroad Right-of-Way, a subdivision according to the Plat thereof, recorded in Plat Book 8, Page 14, Public Records of Pinellas County, Florida, whereby the successful bidder will assemble this landlocked vacant lot with an adjacent property owned in fee title, with an express prohibition against the parcel becoming an uneconomic remainder. The motion was duly seconded and carried unanimously. 8.3 Approve the 2019 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 19-10. The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal property for affordable housing." The state statute includes that the governing body of each municipality must review the proposed affordable housing inventory list at a public hearing and may revise the list at the conclusion of the hearing. Following the public hearing, the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. Section (1) of the statutory amendment requires that every three years each municipality prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing. Therefore, the 2019 Affordable Housing Inventory List includes the address and legal description of each property and specifies whether the property is vacant or improved. The previous list was approved by City Council in 2016 and was updated in 2017 to include a total of nine properties. Resolution 19-10, as drafted, proposes twenty parcels to which it has title as appropriate for use as affordable housing. The increase in properties on the 2019 Affordable Housing Inventory List is primarily due to recent increased foreclosure activity by the City. In response to questions, Economic Development and Housing Assistant Director Chuck Lane said staff is working with developers regarding a couple of specific sites for affordable housing. The inventory list is posted online and acts as a marketing tool. He said Habitat for Humanity is aware of the properties on the inventory list; the City has donated parcels to Habitat in the past. Vice Mayor Cundiff moved to approve the 2019 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes. The motion was duly seconded and carried unanimously. Draft City Council Meeting Minutes June 20, 2019 Page 8 City of Clearwater Resolution 19-10 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 19-10. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 8.4 Amend the Clearwater Community Development Code, Section 5-1002, changing the composition of the of the Public Art and Design Board to include a representative from the Clearwater Arts Alliance, Inc. and a representative from Creative Pinellas and pass Ordinance 9249-19 on first reading. The Clearwater Arts Foundation and the Pinellas County Arts Council have both been dissolved and renamed the Clearwater Arts Alliance, Inc. and Creative Pinellas, respectively. The proposed code change updates the organizations with their current names. Councilmember Allbritton moved to amend the Clearwater Community Development Code, Section 5-1002, changing the composition of the of the Public Art and Design Board to include a representative from the Clearwater Arts Alliance, Inc. and a representative from Creative Pinellas. The motion was duly seconded and carried unanimously. Ordinance 9249-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9249-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 8.5 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3040 Terrace View Lane and pass ordinances 9279-19, 9280-19, and 9281-19 on first reading. (ANX2019-04011) This voluntary annexation petition involves 0.197 acres of property consisting of one parcel of land occupied by a single-family home. The parcel is located on the north side of Terrace View Lane approximately 500 feet west of North Draft City Council Meeting Minutes June 20, 2019 Page 9 City of Clearwater McMullen Booth Road. The applicant is requesting annexation in order to receive sanitary sewer service from the City as part of the Kapok Terrace Sanitary Sewer Extension Project. The property is located within an enclave and is contiguous to existing city boundaries to the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant has paid the required sewer impact fee in full and has been connected to the city’s sewer system. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category to be assigned to the property is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Draft City Council Meeting Minutes June 20, 2019 Page 10 City of Clearwater Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city limits to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Vice Mayor Cundiff moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3040 Terrace View Lane. The motion was duly seconded and carried unanimously. Ordinance 9279-19 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9279-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9280-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9280-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9281-19 was presented and read by title only. Vice Mayor Cundiff moved to pass Ordinance 9281-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 8.6 Provide direction on the proposed Development Agreement between East Shore International Enterprises, LLC and 411 E S (the property owner) and the City of Clearwater, providing for the allocation of eight units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on July 18, 2019 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2019-03001; 400/405/408/409/411 East Shore Drive). Draft City Council Meeting Minutes June 20, 2019 Page 11 City of Clearwater The current proposal is to demolish all structures on the 1.115-acre site and build a single, six-floor hotel with 74 hotel rooms (66.367 units per acre) and a 57-slip marina facility with 22 slips available to the public and 35 slips available only to guests of the hotel. The 74 proposed units include 55 units otherwise permitted by the Resort Facilities High Future Land Use classification, an additional eight units from the Hotel Density Reserve through Beach by Design and an additional 11 units which the applicant intends to transfer to the site through a Level Two Transfer of Development Rights application. The building will be 65 feet in height (from Base Flood Elevation) to roof as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design for property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site consists of four parcels three of which are located on the east side of East Shore Drive with one on the west side. All four parcels will need to be joined together through a unity of title and lot combination request prior to the issuance of any permits. The parcels on the east side of East Shore will contain the hotel and 22-slip marina facility component as well as 35 slips reserved for guests of the hotel only. The parcel on the west side of East Shore Drive will contain a 43-space surface parking lot accessed via a single driveway along East Shore Drive. The parcels on the east side of East Shore Drive containing the hotel will be accessed via four driveways from East Shore Drive. An egress-only driveway will be located at the north side of the site, a two-way driveway at the south and a short, northbound, drop-off area constitute the remaining two driveways. The primary pedestrian entrance and lobby of the building will be centrally located along East Shore Drive on the ground floor. The ground floor of the building will also include bike racks, a solid waste component, storage space and an additional 57 parking spaces. Overall, parking will be split between self-service (44 spaces) and valet (56 spaces). The ground floor will also include a patio and pool at the southeast corner of the site. A publicly-accessible boardwalk consistent with Beach by Design is proposed along the entire length of the property along Clearwater Harbor. A walkway between East Shore Drive and the boardwalk will be provided along the south side of the site. The Development Agreement includes specific language for the inclusion of the boardwalk and walkway. The second floor will contain 14 hotel units as well as an office, clubrooms, bar and assorted back-of-house components. Floors three through six will include 15 hotel units each. No additional amenities are proposed. It should be noted that pursuant to the Marina District provisions of Beach by Design a property located on Clearwater Harbor providing a 15-foot wide publicly accessible boardwalk may request a height bonus of up to 80 feet where the proposal, providing such a boardwalk, is proposed at 65 feet in height. In addition to the proposed boardwalk, the applicant is also providing a publicly-accessible seating pavilion on the hotel property and adjacent to the proposed boardwalk adding further to the pedestrian experience. All existing docks will be removed and replaced with two docks containing a total of 57 slips of which 35 will be for the exclusive use of hotel guests and 22 Draft City Council Meeting Minutes June 20, 2019 Page 12 City of Clearwater will be for public use. This will result in two uses being established on the property; a hotel and a marina facility. A marina facility is defined in the Community Development Code (Article 8) as a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equipment. A marina is defined as any structure constructed on pilings over open water or supported by flotation on the water which provides three or more boat slips for the purpose of sale or lease. The Development Agreement includes specific language to limit the specific activities which may take place on the site ensuring that the “marina facility” component of the site will be compatible with the overnight accommodations component of the site as well as adjacent and surrounding uses. Specifically, activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment be strictly prohibited and that the marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: The subject property is 48,553 square feet in area (uplands) and approximately 300 feet wide. The proposed lot area and width exceed the requirements of the Community Development Code. Minimum Setbacks: The conceptual site plan depicts setbacks to building of five feet along the front (west) along East Shore Drive, side (north and south) setbacks of 42 and 27 feet, respectively and a rear (east) setback of 18 feet. The proposed setbacks may be approved as part of a Level Two Flexible Development (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. The Marina District of Beach by Design specifically permits front setbacks as low as zero feet for overnight accommodation uses. Maximum Height: Section II.C. Height Bonus Schedule for the Marina District within Beach by Design specifically addresses height. The proposal provides for a building 65 feet in height as measured from BFE where a height of up to 80 feet is permitted for overnight accommodations on properties of at least one acre on both sides of East Shore Drive within the Marina District and which also provide a publicly accessible boardwalk as consistent with the Marina District of Beach by Design. The proposed height is also permitted by the CDC subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level Two Flexible Development (FLD) application and as otherwise limited by Beach by Design. The height of the proposed building is consistent with the design guidelines as well as the specific requirements pertaining to height contained within the Marina District section of Beach by Design. Minimum Off-Street Parking: The 74-room overnight accommodation use with a 22-slip marina facility requires a minimum of 100 off-street parking spaces with 1.2 spaces per unit (89 spaces) for the hotel component and one space per two slips (11 spaces) Draft City Council Meeting Minutes June 20, 2019 Page 13 City of Clearwater for the 22-slip marina facility component. A total of 100 parking spaces are provided where 100 spaces are required with 57 spaces located on the ground floor of the hotel building and 43 spaces located within a surface parking lot on the west side of East Shore Drive. This is consistent with the applicable Sections of the CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along the street frontage and along the rights-of-way facing sides of the surface parking lot as required by Section VII.F of the Design Guidelines within Beach by Design. Since no perimeter landscape buffers are otherwise required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility, if necessary, may be requested as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Marina District Specific development parameters provided within the Marina District section of Beach by Design address a range of items including a maximum height (80 feet for properties spanning both side of East Shore Drive and at least one acre in size), minimum building setbacks (zero feet along front property lines for overnight accommodation uses and at least 25 percent of the building height along sides), pavement setbacks (at least five feet). Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Draft City Council Meeting Minutes June 20, 2019 Page 14 City of Clearwater Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ▪ Provides for the allocation of eight units from the Hotel Density Reserve; ▪ Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ▪ Requires the developer to provide a publically accessible boardwalk to utilize the Height Bonus in accordance with Beach by Design; ▪ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ▪ Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; ▪ Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; ▪ Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; ▪ That no hotel room in a hotel allocated units from the Reserve will have a full kitchen; ▪ That a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and ▪ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. In response to questions, Senior Planner Mark Parry said providing the eight units will bring the hotel density reserve balance to zero. He noted that previously allotted unused units could be returned. The eleven units being transferred in are development rights that are available in the open market. Mr. Parry said to do a transfer of development rights on Clearwater Beach, the units must come from another property that has not used those units or from a project that has received allocations from Draft City Council Meeting Minutes June 20, 2019 Page 15 City of Clearwater the hotel density reserve. The source of the transfer of development rights will be known when the property owner submits their Level 2 application. The units being transferred to this site are already on the beach; it is development potential that exists on the beach. Interim Assistant City Manager Michael Delk said he has discussed with the city manager about reporting to Council what is in the reserve, what may return through existing development agreements and discussing a strategy on how the returned units may be re-allocated. In response to questions, Mr. Parry said the proposed boardwalk will be public; Parks and Recreation will regulate how the boardwalk will be built and maintained. A total of 100 parking spaces will be required for the marina, which includes the 1.2 spaces per hotel unit and 1 space per 2 publicly accessible boatslips. The parcel on the westside of East Shore Drive will contain 43 parking spaces; the lot will be a surface parking lot. Mr. Parry said the remaining 57 required parking spaces will be under the building. He said none of the parking spaces have been designated as boat trailer spaces. The City Attorney said Section 6.1.3.3 addresses hurricane evacuation. Applicant representative Jack Bodziak reviewed the request and said there will be 11 public parking spaces for individuals using the public boatslips. They anticipate that most of the boats will be coming by water, not by trailer. The hotel suites are geared towards families. The boardwalk will have public access and will tie into the area nicely. Councilmember Allbritton moved to confirm a second public hearing in City Council Chambers before City Council on July 18, 2019 at 6:00 p.m., or as soon thereafter as may be heard. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9296-19 on second reading, imposing a 180-day moratorium on the use or offering for hire of motorized scooters and micromobility devices, or issuance of any permits or franchises pertaining to micromobility hubs. In response to questions, Assistant City Attorney Matt Smith said the Governor recently signed legislation allowing electronic scooters to have all rights and duties of bicycles, unless local regulation says otherwise. Adopting the ordinance enacts a six-month moratorium. Draft City Council Meeting Minutes June 20, 2019 Page 16 City of Clearwater Ordinance 9296-19 was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance 9296-19 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 10. City Manager Reports 10.1 Amend the City’s fiscal year 2018/19 Operating and Capital Improvement Budgets at mid-year and pass Ordinances 9293-19 and 9294-19 on first reading. The fiscal year 2018/19 Operating and Capital Improvement Budgets were adopted in September 2018 by Ordinances 9194-18 and 9195-18. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Vice Mayor Cundiff moved to amend the City’s fiscal year 2018/19 Operating and Capital Improvement Budgets at mid-year. The motion was duly seconded and carried unanimously. Ordinance 9293-19 was presented and read by title only. Councilmember Allbritton moved to pass Ordinance 9293-19 on first reading. Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton Ordinance 9294-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9294-19 on first reading. The motion was duly seconded and carried unanimously. Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 10.2 Accept a Utility Easement from Bayside Apartments Owner, LLC for the construction, installation and maintenance of city utilities on real property located at 19337 US Hwy 19 N., Clearwater and adopt Resolution 19-13. The property owner of 19337 US Hwy 19 N., Clearwater (Applicant) requested that the City vacate a Blanket Utility Easement previously granted to the City on Applicant’s property. As a condition of Vacation Ordinance 9277-19, the Draft City Council Meeting Minutes June 20, 2019 Page 17 City of Clearwater Applicant was required to grant a defined replacement utility easement to the City. The City Engineering Department recommends acceptance of the easement. Councilmember Allbritton moved to accept a Utility Easement from Bayside Apartments Owner, LLC for the construction, installation and maintenance of city utilities on real property located at 19337 US Hwy 19 N., Clearwater. The motion was duly seconded and carried unanimously. Resolution 19-13 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 19-13. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 10.3 Accept a 35-foot Utility and Drainage Easement from Duke Energy Florida, LLC for the construction, installation and maintenance of city utilities and drainage on real property located in Duke Energy Right-of-Way, West of Spectrum Field and adopt Resolution 19-14. The proposed easement will provide the City with property rights necessary for the construction, installation and maintenance of city utilities and drainage within the easement that will support a new City Transfer Station and the Phillies Carpenter Complex at Spectrum Field. The City Engineering Department recommends acceptance of the easement. Councilmember Polglaze moved to accept a 35-foot Utility and Drainage Easement from Duke Energy Florida, LLC for the construction, installation and maintenance of city utilities and drainage on real property located in Duke Energy Right-of-Way, West of Spectrum Field. The motion was duly seconded and carried unanimously. Resolution 19-14 was presented and read by title only. Vice Mayor Cundiff moved to adopt Resolution 19-14. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton Draft City Council Meeting Minutes June 20, 2019 Page 18 City of Clearwater 10.4 Amend the Clearwater Code of Ordinances Section 2.453, Miscellaneous Provisions, adding subsection (g), Missing Benefit Recipients relating to the Clearwater Firefighters’ Supplemental Pension and Retirement Plan and pass Ordinance 9297-19 on first reading. With changes to the Internal Revenue Code (IRC) and its associated Regulations, as well as guidance from the Internal Revenue Service (IRS) and recent litigation, the Miscellaneous Provisions Section is being amended to add subsection (g), Missing Benefit Recipients. This provision is in accordance with a recent IRS Programs Compliance Memorandum that requires plans to have an approved method of locating terminated individuals who are do benefits from the plan. Councilmember Allbritton moved to amend the Clearwater Code of Ordinances Section 2.453, Miscellaneous Provisions, adding subsection (g), Missing Benefit Recipients relating to the Clearwater Firefighters’ Supplemental Pension and Retirement Plan. The motion was duly seconded and carried unanimously. Ordinance 9297-19 was presented and read by title only. Councilmember Polglaze moved to pass Ordinance 9297-19 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 10.5 Authorize an agreement between the City of Clearwater and Forward Pinellas, to receive a Complete Streets Concept Planning Grant in the amount of $50,000 to prepare a Complete Streets Concept Plan for Fort Harrison Avenue from Belleair Road to the merge at Myrtle Avenue/Alternate US 19, authorize the appropriate officials to execute same, and adopt Resolution 19-09. In October 2018, Forward Pinellas sent out a call for Complete Streets projects, asking local governments to submit applications to request funding for their Complete Streets projects. The Forward Pinellas Complete Streets Program provides annual, competitive funding for both the planning and construction of Complete Streets projects countywide. The Planning and Development Department applied for a Complete Street Concept Plan grant for Fort Harrison Avenue from Belleair Road to the merge with Myrtle Avenue/Alternate US 19. The project scope connects three major Draft City Council Meeting Minutes June 20, 2019 Page 19 City of Clearwater destinations, Morton Plant Hospital Campus, Downtown and the future Imagine Clearwater waterfront redevelopment, and the North Marina Area. A significant portion of the project corridor is within the Downtown Clearwater Redevelopment Area and both Downtown and the Morton Plant Hospital area are designated Activity Centers in the City’s Comprehensive Plan. The City’s primary goal for this Project is to develop a Complete Streets Concept Plan that will enhance safety, mobility, and accessibility while also considering the land use contexts and character surrounding the corridor. Residents and businesses see the potential to make Fort Harrison Avenue safer, more livable, and a better street for businesses. Complete Street improvements on this road would work in harmony with a broad spectrum of City and countywide plans, especially those addressing designated activity centers on both ends of the Project. This project will complement the recently completed Florida Department of Transportation’s Alternate US 19 study. The Fort Harrison Avenue Concept Plan is expected to comprehensively guide the corridor design improvements by utilizing the principles of Complete Streets and the best practice designs outlined in the City’s Complete Streets Implementation Plan. On March 13, 2019, Forward Pinellas selected the City to receive one of the Complete Streets grants in the amount of $50,000 to be matched by the City. The grant funding will be used for consulting services to produce a comprehensive concept plan and assist with community outreach. The estimated cost of Complete Street conceptual planning for the 3.21-mile Project is $100,000; $50,000 from Forward Pinellas, $25,000 from the city, and $25,000 in-kind support from city staff. The City would be contractually obligated to complete the project activities by June 30, 2020, consistent with the agreement. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-01420-530100, Professional Services, to fund the City’s portion of this agreement. Vice Mayor Cundiff moved to authorize an agreement between the City of Clearwater and Forward Pinellas, to receive a Complete Streets Concept Planning Grant in the amount of $50,000 to prepare a Complete Streets Concept Plan for Fort Harrison Avenue from Belleair Road to the merge at Myrtle Avenue/Alternate US 19, authorize the appropriate officials to execute same Resolution 19-09 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 19-0. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton Draft City Council Meeting Minutes June 20, 2019 Page 20 City of Clearwater 10.6 Approve the Complete Streets for Clearwater Implementation Plan for the city of Clearwater and adopt Resolution 19-08. The provision of adequate transportation facilities and infrastructure for all modes of travel is one of the most important components needed to support future redevelopment in the city. Providing safe, multimodal choices is necessary to accommodate future growth without sacrificing roadway efficiency. Complete Streets are important for several reasons. They provide people of all ages and abilities with safe and comfortable travel by balancing the needs of people using different transportation modes within the overall system. Complete Streets provide people with accessibility helping them get to their destinations using a variety of methods, and create a more equitable transportation system, as not all residents own vehicles or are able to drive. Complete Streets also address safety issues and locations where there is a perceived lack of safety, and Complete Streets support the economy by providing local businesses, employees, and our significant number of tourists with more attractive multimodal choices and active streetscapes. The Planning and Development Department presented the City Council on May 15, 2017, with a roadmap to develop a citywide Complete Streets Implementation Plan that would set the foundation for a transportation system and street network that encourages mobility using a variety of travel modes. Understanding the importance of Complete Streets, the City Council authorized a work order with Kimley-Horn and Associates on December 7, 2017, to prepare the Complete Streets Implementation Plan which kicked off in early 2018. With assistance from the consultant team and internal departments, the Planning and Development Department worked with stakeholders from throughout the city to identify mobility and infrastructure concerns and desires to be addressed by the plan. Public outreach included: • three Complete Streets Advisory Committee meetings held on May 1, July 10, and December 4, 2018; • three community workshops held on October 23, October 24, 2018, and February 12, 2019; • public outreach at special events, and • online messaging through the city’s list serve, Next Door forums, and a MetroQuest survey which was taken by 921 people and generated 190 comments. The Complete Streets for Clearwater Implementation Plan (Plan) was created to establish a framework for the city and its departments to coordinate and achieve Complete Streets designs and implementation. Streets include the entire right-of-way, not just curb to curb, and it is important to plan, design, and build streets with all users in mind, while also being flexible enough to address Draft City Council Meeting Minutes June 20, 2019 Page 21 City of Clearwater changes to the transportation and land use contexts. 1. Section 1, the Introduction (pages 8-17), justifies the need for Complete Streets and the goals of the city and community. It explains why Complete Streets are necessary, establishes Guiding Principles, and summarizes existing conditions and future considerations within the city of Clearwater. A common theme that emerged from public outreach was that streets need to serve people first and foremost. 2. Section 2, Flexible Street Design (pages 18-53), provides a framework for changing how streets are designed - from primarily serving a single mode, automobile travel, into a modern street design process that considers how all people and modes use the transportation network. The Plan discusses the importance of understanding existing infrastructure and plans, including the right-of-way available, characteristics of the street, or other corridor studies/plans as part of the design process, and acknowledges that design adjustments may be required. The flexible street design framework section includes: • A toolkit of design details for streets to be added to planning and engineering guidelines • Modifications of the conventional decision-making process to refocus on three main characteristics during the design process: o Street type - thoroughfare, community connector, local collector, or local street, based on the function of the road, safety, and modal options. o Existing infrastructure and plans - what are the opportunities and limitations in applying the Complete Streets design criteria. o Land use context - Suburban, Urban Residential, Urban General, Urban Edge, or Urban Core, and two special districts (US 19 and Industrial). • A series of matrices and maps showing the different context zones and street types and a series of context design matrices. The matrices provide planning-level guidance that address different parts of a street: the Pedestrian Realm, Curb and Gutter, and the Traveled Way. Guidance is provided for preferred sidewalk widths, bicycle recommendations, transit recommendations, desired operating speeds, and other street characteristics, such as street lane widths and crossings is calibrated to the land use context and street type. 3. Section 3, Actions for Implementation (pages 54-69), identifies actions to ensure that Complete Streets principles are a foundational part of infrastructure projects in the city. The twenty-five recommended actions are grouped by timeframe (short-term, mid-term, long-term, and on-going), and are divided into four themes: • Policy and Regulatory Improvements: Adopting a Complete Streets policy and amending regulations for consistency with the Complete Street designs in Section 2 is an important step for the transportation Draft City Council Meeting Minutes June 20, 2019 Page 22 City of Clearwater planning, design, and maintenance processes provided for in the Plan. • Project Delivery and Process Improvements: Projects that impact streets may come from one of several city departments, outside agencies, or private developers. Creating a multi-department review process is important to success and a project review flow chart is provided. • Capital Improvements Projects: These typically higher-cost projects result in the construction of the physical improvements needed to create a well-designed and interconnected multimodal transportation network. Planning and Development will coordinate design recommendations and concepts with other departments, particularly Engineering and Parks and Recreation, to ensure that they are feasible, constructible, and address maintenance, drainage, and utilities. • Performance Measures: Recognizing the importance of measuring and evaluating performance of projects to determine effectiveness, this section establishes performance measures for each Guiding Principle identified in Section 1. By adopting Resolution 19-08, City Council is approving the Complete Streets for Clearwater Implementation Plan (Exhibit A) and the information contained within. Vice Mayor Cundiff moved to approve the Complete Streets for Clearwater Implementation Plan for the city of Clearwater. The motion was duly seconded and carried unanimously. Resolution 19-08 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 19-08. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 10.7 Approve the Joint Participation Agreement (JPA) G1941 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), authorize a $15,000 transfer from Airpark Fund Reserves, authorize the appropriate officials to execute same and adopt Resolution 19-12. FDOT JPA Agreement G1941 provides for a $75,000 (80%/20%) Aviation Grant for the Clearwater Airpark. This grant will fund the installation of a entry gate security office to be used by city Security Aides, allowing for controlled access onto airport property after hours. The Agreement outlines the FDOT contributing $60,000 and City providing a $15,000 match. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will establish Capital Improvement Project Draft City Council Meeting Minutes June 20, 2019 Page 23 City of Clearwater G1908, Clearwater Airpark FDOT Security Grant, recognizing a transfer of Airpark Fund reserves of $15,000 to provide required matching funds. USE OF RESERVE FUNDS: Funding for this agreement will be provided by mid-year budget amendment allocating Airpark Fund reserves in the amount of $15,000 to capital improvement project G1908, Clearwater Airpark FDOT Security Grant. The remaining balance of Airpark Fund reserves after 25% working capital reserves is approximately $490,000 or 176% of the current Airpark Fund operating budget. Vice Mayor Cundiff moved to approve the Joint Participation Agreement (JPA) G1941 between the City of Clearwater and the State of Florida Department of Transportation (FDOT), authorize a $15,000 transfer from Airpark Fund Reserves, authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 19-12 was presented and read by title only. Councilmember Allbritton moved to adopt Resolution 19-12. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 10.8 Appoint Lisa Tuttle to the Parks and Recreation Board with term to expire May 31, 2023. APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Mark Rodriguez MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library - 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: City Council Meeting Minutes June 20, 2019 Page 24 City of Clearwater 1. Lisa Tuttle - 2399 Old Coach Trail, 33765 - Retired Police Officer Original Appointment: 06/03/15 (currently serving 1st term to expire 05/31/19) Interest in reappointment: Yes THE NAMES BELOW ARE ALSO BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Patrick J. Raftery - 3237 Masters Drive, 33761 - Senior Buyer/Supervisor/Jabil 2. Meg Taylor - 1423 Pinebrook Dr., 33755 - Sales Adm. Manager Zip codes of current members on board: 2 at 33755 1 at 33759 1 at 33764 2 at 33765 1 at 33767 Vice Mayor Cundiff moved to appoint Lisa Tuttle to the Parks and Recreation Board with term to expire May 31, 2023. The motion was duly seconded and carried unanimously. 10.9 Amend City Council Rules, Rule 5 - Duties of Vice-Mayor in Absence of Mayor, implementing a rotation schedule for the office of the Vice-Mayor and adopt Resolution 19-19. At the April 1 work session, staff was directed to draft language that would implement a rotation schedule for the vice mayor. Staff is proposing to amend Rule 5, Duties of Vice-Mayor in Absence of Mayor, as follows: Pursuant to Charter section 2.05, "the Vice-Mayor shall act as Mayor during the absence or inability of the Mayor to perform the duties of the office of the Mayor." For the purpose of that section, the Mayor shall be considered absent if there are duties of the office which must be performed and the Mayor is not present and able to perform them. The office of Vice-Mayor shall be rotated amongst the councilmembers annually in the following order, commencing in 2020: Seat 4 Seat 5 City Council Meeting Minutes June 20, 2019 Page 25 City of Clearwater Seat 2 Seat 3 The Vice-Mayor shall change in April of each year. Councilmember Allbritton moved to amend City Council Rules, Rule 5 - Duties of Vice-Mayor in Absence of Mayor, implementing a rotation schedule for the office of the Vice-Mayor. The motion was duly seconded and carried unanimously. Resolution 19-19 was presented and read by title only. Councilmember Polglaze moved to adopt Resolution 19-19. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Polglaze, Vice Mayor Cundiff and Councilmember Allbritton 10.10 Authorize an amendment to the original agreement with HR and A Advisors, of New York, NY, in an amount not to exceed $100,000 for Phase I; the amount for time and materials only to review submitted proposals as needed for Phase II, as additional consulting services for Imagine Clearwater; and authorize the appropriate officials to execute same. HR&A Advisors was originally authorized by Council on April 21, 2016 for $378,000 to produce the Imagine Clearwater Master Plan. Further authorization was granted on August 4, 2016 for $60,000 to complete an aerial transit study. It is recommended to proceed with HR&A for an update of the economic and market analysis, development of the Harborview site Request for Proposals, negotiation of development proposals, and assisting with the evaluation of proformas for development options. These are appropriate as an extension of the original award for RFP 04-16, Bluff Master Plan Consultant. This is in the context of an amendment to the original agreement with HR&A on the basis of work they’ve already performed, and to maintain continuity in the process. APPROPRIATION CODE AND AMOUNT: Funds of $100,000 are available in capital project ENGF180013, Imagine Clearwater In response to questions, Interim Assistant City Manager Michael Delk said staff anticipates the economic update to be completed within the first City Council Meeting Minutes June 20, 2019 Page 26 City of Clearwater 60 days. The Request for Proposal document should be completed within 4 months. The consultants are aware of the City's intention to demolish the old city hall site. Services will also include looking at the potential for adaptive reuse of the site and economic development. The architectural support services component will provide architectural renderings for the three parcels after the market feasibility study is completed. Mr. Delk said the consultant team indicated the Harborview site should be looked at for development before the old City Hall site. Architecture is not included in this initial phase of development; Stantec will provide architectural services for all structures in the park. He said the amendment will allow the City to speed up the process as well as deliver a better product. HR&A will assist with referendum language when the time comes. The economic analysis is scheduled to be done in months 1 and 2. Vice Mayor Cundiff moved to authorize an amendment to the original agreement with HR and A Advisors, of New York, NY, in an amount not to exceed $100,000 for Phase I; the amount for time and materials only to review submitted proposals as needed for Phase II, as additional consulting services for Imagine Clearwater; and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Allbritton said he is happy the City is moving forward with Imagine Clearwater. Councilmember Polglaze said he looks forward to negotiations with the County on a Joint Use Facility. Vice Mayor Cundiff said Clearwater assists in helping to keep Pinellas beautiful. City Council Meeting Minutes June 20, 2019 Page 27 City of Clearwater 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 7:57 p.m. Mayor City of Clearwater Attest City Clerk Citizen Comment Card Name: L. - Address: / C 04.fly City: C 7c)(/, -- Telephone Number: Zip: -) 631 '.3-- v Email Address:/in j c%ii1(c`7,024 • G. Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against Citizen Comment Card Name:AA(1Y YJ V` Address: l V J ' / (37j9 A I' /(5 Cit) An E-' Zip:3'3 1 5C- I 3TelephoneNuMber: /) } , l Email Address: kitt 3 V / 7 11! `'A (L " Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak - What is your position on the item? For Against Citizen Comment Card Name: Qr1j 74 arnS 17rviA Address: / J 6/1t°,, 4/)/ Or: 33 city:%acwevk" zip: ? s s Telephone Number: F-761 3-7 Email Address: G'Ootri s1,zµe7a4de, ccihr Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak Co ticwi` v / j ca4 I ckh What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6397 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) Supplemental Work Order One to McKim and Creed, Inc. in the amount of $96,600 for Inflow and Infiltration Flow Monitoring (18-0023-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 3, 2018 and June 7, 2018, City Council approved Initial Work Orders for twelve months for continuous inflow and infiltration flow monitoring at Marshall Street and East Water Reclamation Facility (WRF) in the amount of $190,000 and at Northeast (NE) WRF in the amount of $123,400, respectively. During wet weather events, the City’s sanitary sewer system experiences higher influent volumes due to inflow and infiltration (I&I) entering the system. These higher volumes can cause sanitary sewer overflows and potential (WRF) permit violations because the systems are not designed to accommodate the significant volumes of I&I. Monitoring equipment is installed to collect continuous flow data during dry weather and wet weather events in order to identify the sources of I&I. This information has led to the remediation of many sanitary sewer defects and a measurable reduction in rainfall derived I&I. Supplemental Work Order One will provide for up to a six-month continuation of flow monitoring services for the City’s three wastewater basins (Marshall St., East and NE WRF). Project benefits are improved process efficiencies, an ongoing rehabilitation and restoration strategy of conveyance infrastructure, increased environmental protection and regulatory compliance. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the wastewater collection system and water reclamation facilities. The Department plans to monitor sanitary flow for the indefinite future and has recently used an RFQ to select a new Consultant to continue the monitoring after McKim & Creed’s term expires. Currently the new consultant’s (Wright-Pierce) scope of work/work order is under development. USE OF RESERVE FUNDS: 4211354-530100 $43,200 4211355-530100 $37,200 4211356-530100 $16,200 Funds for supplemental one work order are included in the 2018/19 City Manager’s Public Utilities Operating Budget of Professional Services as follows: $21,600 in 4211354, WET Marshall Street, $18,600 in 4211355, WET NE Plant, and $8,100 in 4211356, WET East Plant. Future year funding will be included in the 2019/20 Public Utilities Operating Budget of Professional Services as follows: $21,600 in 4211354, WET Marshall Street, $18,600 in 4211355, WET NE Plant, and $8,100 in 4211356, WET East Plant. Page 1 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6397 Page 2 City of Clearwater Printed on 7/17/2019 WORK ORDER INITIATION FORM 1 of 7 Revised: 11/29/2017 SUPPLEMENTAL WORK ORDER 1 for the CITY OF CLEARWATER Date:7/1/19 M&C Proposal Number: City Project Number:18-0023-UT 1.PROJECT TITLE: Inflow & Infiltration Flow Monitoring 2.SCOPE OF SERVICES: The City of Clearwater Utility department has requested the McKim & Creed to provide an extension of up to six months to the existing permanent flow monitoring services for the sewer collection system in the Marshall Street, East and Northeast WRF service areas. McKim & Creed shall provide its’ rainfall gauging and flow monitoring equipment and its’ remote telemetry unit communication platform (Telog) to record the collected data and shall provide the City with access to the data through a dedicated web portal. Included in this work order is maintenance and calibration of the previously installed rainfall and flow monitoring equipment. McKim & Creed will not perform any data analysis of the captured data or prepare any reports. Task 1 - The existing locations of the Northeast WRF flow monitoring equipment is identified below. MajorSewer Outfall: MajorLiftStations: 1. N. Belcher @ Beginning of Alligator Creek 1. Lift Station 53 2. US 19 & Alligator Creek 2. Lift Station 42 3. Lift Station 46 4. Lift Station 58 (2 Meters) Task 1.1 – NE Basin Rainfall Gauges include theLS 53, LS 55, LS 46, and LS 58. Task 2 -The existing locations of the East Plant monitoring equipment Major Sewer Outfall: 1. Bayshore Blvd. (East WRF) 2. Gulf to Bay Blvd. (East WRF) 3. Corona Interceptor (East WRF) Task 2.1 –East Basin rainfall gauges are located at LS-40 and LS-33 WORK ORDER INITIATION FORM 2 of 7 Revised: 11/29/2017 Task 3 – Marshall Street WRF flow monitoring equipment is identified below. Major Sewer Outfall: Major Lift Stations: 1. Marshall Street (Marshall St. WRF) 1.Lift Station 11 (Marshall Street WRF) 2. Lift Station 19 Outfall (Marshall St. WRF 2. Lift Station 14 (Marshall Street WRF) 3. Holt Avenue (Marshall St. WRF) 3. Lift Station 16 (Marshall Street WRF) 4. Lift Station 20 (Marshall Street WRF) 5. Lift Station 24 (Marshall Street WRF) 6. Lift Station 45 (Marshall Street WRF) Task 3.1 – Marshall Street Basin Rainfall Gauges include Lift Station 45, Lift Station 9, McKim & Creed’s office, and Lift Station 24. 3.PROJECT GOALS: FLOW AND RAIN DATA RETRIEVAL EQUIPMENT MAINTENANCE 4.BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by McKim & Creed for the completion of these tasks for six (6) months in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not to exceed Ninety six thousand six hundred dollars ($96,600). No permitting is anticipated for this project. 5.SCHEDULE: Maintenance of equipment will start on July 1, 2019 and continue throughout for up to a six (6) month period. Invoicing for maintenance/calibrations and recording of data will commence July 1, 2019. With the first invoice to the City by August 15, 2019. The project will span up to 184 days from July 1, 2019.The project deliverables are to be phased as follows: Begin Meter/Gauge Maintenance 1 calendar day Perform Maintenance/Calibration 184 calendar days 6.STAFF ASSIGNMENT: City’s Staff: Jeff Walker, PE Project Manager WORK ORDER INITIATION FORM 3 of 7 Revised: 11/29/2017 Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director McKim & Creed Project Staff Aubrey Haudricourt, PE Project Manager Pratika Patil Project Team Designer Sunil Khanal, EI, Project Systems Analysis Craig Watts, EI, Project Systems Analysis Mc Kim& Creed Field Installation, Maintenance and Calibration Staff Delvin Carter, Patrick Goode, Quint Shelton, Tony Goode CORRESPONDENCE/REPORTING/COMMUNICATION PROCEDURES: ENGINEER’s project correspondence shall be directed to Jeff Walker, PE. All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. 7.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attention.: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. City Invoicing Code: MS Basin 4211354-530100 $43,200 E Basin – 4211356-530100 $16,200 NE Basin–4211355-530100 $37,800 8.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. City Project Number, Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. WORK ORDER INITIATION FORM 4 of 7 Revised: 11/29/2017 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. 9.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY:APPROVED BY: ________________________________________________ Aubrey Haudricourt, PE.Tara Kivett, PE Senior Project Manager City Engineer McKim & Creed City of Clearwater ______________________________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 5 of 7 Revised: 11/29/2017 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM 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 must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 6 of 7 Revised: 11/29/2017 PERMANENT WASTEWATER FLOW MONITORING SUPPLEMENTAL 1 WORK ORDER PROJECT BUDGET Task Description Unit Price Total # Units Total 1.0 NE Flow Meter Maintenance and Calibrations: 7 –FloWav Sensors with Telog Ru-33 RTUs for 6 months. $800ea./month 42 $33,600 $33,600 1.1 Rainfall Gauge Maintenance and Calibration: 4 –Texas Electronics Tipping Buckets with Telog RG-32 RTUs $150ea./month 24 $3,600 $3,600 NE Basin Subtotal $37,200 Task Description Unit Price Total # Units Total 2.0 East Basin Flow Meter Maintenance and Calibrations: 3 –FloWav Sensors with Telog Ru-33 RTUs for 6 months.$800ea./month 18 $14,400 2.1 East Basin Rainfall Gauge Maintenance and Calibration: 2 –Texas Electronics Tipping Buckets with Telog RG-32 RTUs $150ea./month 12 $1,800 East Basin Subtotal $16,200 Attachment “B” WORK ORDER INITIATION FORM 7 of 7 Revised: 11/29/2017 Task Description Unit Price Total # Units Total 3.0 Marshall Street Basin Flow Meter Maintenance and Calibrations: 8 –FloWav Sensors with Telog Ru-33 RTUs for 6 months.$800ea./month 48 $38,400 1 –Fuji Transit Time C with Telog Ru-32 RTUs for 6 months.$200ea./month 6 $1,200 3.1 Marshall Street Rainfall Gauge Maintenance and Calibration: 4 –Texas Electronics Tipping Buckets with Telog RG-32 RTUs $150ea./month 24 $3,600 Marshall Street Basin Subtotal $43,200 Grand Total (For 6 months monitoring maintenance and calibration.)$96,600 E E E EEE E LS 4 6LS42 LS5 8 W US 1 9 A L L I G A T O R C R E E KN BELCHER ALLIGATOR CREEKLS53L S 5 8 E US 19DREW ST SR 580 McMULLEN-BOOTH RDUNION ST SUNSET POINT RD SR 590 CURLEW RD GULF-TO-BAY BLVDCOURT ST COUNTRYSIDE BLVDN BELCHER RDN HERCULES AVELANDMARK DRCOURTNEY CAMPBELL CSW YN HIGHLAND AVEISLAND WAYOLD COACHMAN RDME M O R I A L C S W Y CLEVELAND STN MYRTLE AVEMANDALAY AVEENTERPRISE RD E N FORT HARRISON AVEBELCHER RDDOUGLAS AVEE N T E R P R I S E R D BETTY LNCHESTNUT ST GULF BLVDN BETTY LNS KEENE RDPALMETTO ST VIRGINIA AVE S LAKE DREDGEWATER DRKINGS HWYUS 19LANDMARK DRSUNSET POINT RD DREW ST SR 580 BELCHER RDNORTHEAST WRF PLANT Legend NE WRF BasinESAN Flow Meters Plant Buildings Plant Parcels Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Northeast Water Reclamation FacilityInflow & Infiltration Flow MonitoringNORTHEAST WRF BASIN / Document Path: V:\GIS\_Staff\Chris\SAN Flow Meter point file\mxd files\NorthEast Flow Meters_Basin.mxd Map Gen By: CRM Reviewed By: JW Date: 5/10/2018 EEE East WRF BasinEast WRF Basin BA Y S H O R E B L V DGULF TO BAY BLVDUS 19DREW ST BELLEAIR RD NURSERY RD GULF-TO-BAY BLVD S KEENE RDLAKEVIEW RD BAYSIDE BRGS BELCHER RDS HIGHLAND AVES LAKE AVENE COACHMAN RDOLD COACHMAN RDN BELCHER RDN HERCULES AVEMcMULLEN-BOOTH RDN HIGHLAND AVECOURTNEY CAMPBELL CS W Y PALMETTO ST S HERCULES AVEN KEENE RDS LAKE DRCOURT ST N LAKE DRPALMETTO ST GULF-TO-BAY BLVD DREW ST S HERCULES AVECORONA INTERCEPTOREAST WRF PLANT Legend East WRF BasinESAN Flow Meters Plant Buildings Plant Parcels Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com East Water Reclamation FacilityInflow & Infiltration Flow MonitoringEAST WRF BASIN / Document Path: V:\GIS\_Staff\Chris\SAN Flow Meter point file\mxd files\East Flow Meters_Basin.mxd Map Gen By: CRM Reviewed By: JW Date: 4/24/2018 E E E E E E E E E Marshall WRF BasinMarshall WRF Basin US 19DREW ST BELLEAIR RD SUNSET POINT RD UNION ST LAKEVIEW RD NURSERY RDGULF BLVDCOURT ST N BELCHER RDN HERCULES AVES KEENE RDN HIGHLAND AVES BELCHER RDGULF-TO-BAY BLVD ISLAND WAYOLD COACHMAN RDS MISSOURI AVES HIGHLAND AVES LAKE AVEME M O R I A L C S W Y NE COACHMAN RD CLEVELAND ST SR 590 N MYRTLE AVEMANDALAY AVES FORT HARRISON AVEMONTCLAIR RDN KEENE RDS MYRTLE AVEN FORT HARRISON AVEDOUGLAS AVEBETTY LNCHESTNUT ST BELCHER RDS GU L F V I E W B L V D PALMETTO ST VIRGINIA AVE S HERCULES AVES LAKE DREDGEWATER DRKINGS HWYDREW STBETTY LNLS16LS45LS14LS20LS11LS24S LADY MARYMARSHALL STHOLT AVEMARSHALL ST WRF PLANT Legend Marshall WRF BasinESAN Flow Meters Plant BuildingsWRF Plant Parcels Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Marshall St Water Reclamation FacilityInflow & Infiltration Flow MonitoringMARSHALL ST WRF BASIN /Map Gen By: CRM Reviewed By: JW Date: 4/24/2018 Document Path: V:\GIS\_Staff\Chris\SAN Flow Meter point file\mxd files\Marshall Flow Meters_Basin.mxd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6401 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve Engineer of Record (EOR) Supplemental Work Order 1 to Atkins North America, in the amount of $58,933, for Cooper’s Point (18-0009-EN) and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 21, 2018, City Council approved the initial Work Order for a circulation study to develop alternatives with the most ecological benefit for projects identified in the Cooper’s Point Master Plan, in the amount of $115,007. Included in this work order was identifying potential funding partners. When the Florida Department of Transportation (FDOT) District 1 was recently approached, they expressed interest in being a partner, but needed more information about the potential for mangrove habitat improvements. FDOT also identified several additional partners that may be interested in funding the projects. Supplemental Work Order 1 is the continued study of areas around Cooper’s Point, specifically the potential ecological lift to mangrove swamp habitat due to the proposed hydrologic improvements. The work order will also allow for coordination with Hillsborough County, Pinellas County, Port Tampa Bay, FDOT District 1, FDOT District 7, and Southwest Florida Water Management District (SWFWMD) Surface Water Improvement and Management (SWIM) branch regarding cooperative funding interest. Agency support will be solicited from SWFWMD (Regulatory branch), Tampa Bay Estuary Program, Florida Department of Environmental Protection, and US Army Corps of Engineers. APPROPRIATION CODE AND AMOUNT: ENST180005-STDY-PROSVC $58,933 Funds are available in capital improvement project ENST180005, Coastal Basins, to fund this supplemental work order. Page 1 City of Clearwater Printed on 7/17/2019 WORK ORDER INITIATION FORM 1 of 9 Revised: 2/11/2016 SUPPLEMENTAL WORK ORDER FORM for the CITY OF CLEARWATER Date:6/25/2019 Project Number: City Project Number:18-0009-EN 1.PROJECT TITLE: Cooper’s Bayou – Environmental Baseline Survey/Technical Memorandum, Cooperative Funding Application Assistance, and Stakeholder Coordination 2.SCOPE OF SERVICES: Atkins has prepared this proposal for the City of Clearwater (City) to conduct a baseline environmental assessment for Cooper’s Bayou in order to assess potential ecological lift to mangrove swamp habitat due to the proposed hydrologic improvements included in the Cooper’s Bayou Circulation Study report. During a recent meeting with FDOT District 7 and City of Clearwater staff on June 20th it was determined that FDOT has an immediate need for mangrove credits and a potential future need for seagrass credits in order mitigate for impacts due to future roadway expansion projects throughout Tampa Bay. Cooper’s Point is located in Sections 9, 10, 15, 16, Township 29 South, Range 16 East, in Pinellas County, Safety Harbor, Florida (Figure 1). The project site is located north of the west end of the Courtney Campbell Causeway (State Road 60) north of the intersection of South Bayshore Boulevard. The project study area consists of Cooper’s Point peninsula and Cooper’s Bayou, which contain tidal flats and mangrove swamp. The area is entirely located within the Pinellas County Aquatic Preserve in Class II, Outstanding Florida Waters. As directed by the City of Clearwater, Atkins previously compiled and reviewed existing data for the purposes of assessing the existing conditions of Cooper's Bayou. The data in combination with hydrodynamic modeling correlated hydrological flushing with ecological value, as a baseline with which the potential ecological value of potential restoration and/or enhancement opportunities were estimated. Current modeling has demonstrated potential for improvement in both water quality and seagrass resources onsite. As part of this supplemental work order, Atkins will conduct the baseline environmental assessment survey (Figure 2) to characterize and quantify the existing mangrove fringes as well WORK ORDER INITIATION FORM 2 of 9 Revised: 2/11/2016 as mosquito ditches in the northern, middle and south bayou segments. The results of the baseline survey will be included in a Technical Memo along with a UMAM functional assessment of the resources. Additionally, the scope of work will include coordination with the agencies and stakeholders regarding potential cooperative funding opportunities for the project. Figure 1 –Cooper’s Bayou Project Area Figure 2 –Cooper’s Bayou Assessment Areas WORK ORDER INITIATION FORM 3 of 9 Revised: 2/11/2016 WORK ORDER INITIATION FORM 4 of 9 Revised: 2/11/2016 The proposed scope of work for this Work Order is as follows: 1.Project Management:Atkins will assign a Project Manager to manage the technical tasks, communicate, and coordinate with the City staff and others. Atkins’s Project Manager will be responsible for overall client satisfaction in all aspects of this Work Order including the schedule, deliverables, and quality control. 2.Environmental Baseline Assessment (Survey):As part of the environmental baseline assessment, Atkins field biologists will: a. Review the condition within and adjacent to the existing mosquito ditches in the northern, middle and south bayou segments (Figure 2) to quantify potential ecological lift from potential use of ditch blocks and hydroblasting of spoil piles associated with the mosquito ditches. b. Determine typical dimensions of the dredge spoil piles associated with the mosquito ditches in order to quantify the area available/suitable for mangrove recruitment following hydroblasting. This acreage will be quantified as potential mangrove creation areas and mitigation credit values estimated via UMAM assessment. c. Identify areas of Brazilian pepper on current aerial imagery and further assess their condition in the field. d. Assess mangrove swamp holistically for characterization of community structure for use in completion of UMAMs. e. Assess potential area of seagrass coverage within middle and lower bayou segments. In accordance with regulatory requirements, Atkins field biologists will also conduct an underwater survey with the aid of snorkel gear and vessel support, to map the aerial extent of seagrass beds and to qualitatively and quantitatively describe the benthic habitat within the survey areas located in the middle and lower bayou segments. First, the landward and waterward seagrass edge of bed will be recorded as one biologist snorkels over the seagrass edge while a second biologist follows behind with a Trimble GeoXT 6000 series handheld with sub-meter spatial accuracy. During the survey, submerged aquatic vegetation (SAV) will be quantitatively assessed via 1-m2 quadrats along transects established at regular intervals within and adjacent to the proposed project and random sample plots established within the entire seagrass bed located to the south of the existing bird island. Increased random sample plot density will be utilized within a 25-foot buffer of the project footprint. At each random sample plot location along the transects as well as the random sample plots within the seagrass bed outside the proposed project, snorkelers will estimate the percent cover of each seagrass species as well as the total percent cover of seagrass. Acreage of potential temporary impacts will be calculated. 3. Baseline Assessment Technical Memorandum: All findings of the baseline survey will be summarized in a Technical Memorandum. As part of the memo, Atkins will prepare a written assessment of the current condition and relative value of the function being performed by the mangroves utilizing the Uniform Mitigation Assessment Method (UMAM) in accordance with Chapter 62-345.100 Florida Administrative Code (F.A.C). This information will be presented to the agencies during the agency coordination task in order to help determine the level of permitting and mitigation design required to offset impacts from the project. WORK ORDER INITIATION FORM 5 of 9 Revised: 2/11/2016 4. Cooperative Funding Application Assistance/Stakeholder Coordination and Agency Support: Atkins will coordinate with the following agencies/stakeholders regarding potential cooperative funding interest: a. Hillsborough County b. Pinellas County c. Port Tampa Bay d. Florida Department of Transportation District 1 e. Florida Department of Transportation District 7 Additionally, we will assist in gaining agency support in a similar fashion to the permitting approach for Old Tampa Bay, Atkins will prepare a powerpoint presentation that summarizes the ecological benefit established with the hydrodynamic modeling. In addition, the merits of the project relative to Old Tampa Bay will be enumerated. Coordination and interactive presentations will be given to the following agencies: a. Tampa Bay Estuary Program b. Tampa Bay Nitrogen Consortium c. SWFWMD (Regulatory and SWMM branches) In addition, coordination meetings with the Army Corps of Engineers and DEP will be conducted to establish support. Information City will provide to Atkins Any existing reports, permits, surveys, models, etc. pertaining to the project site. Deliverables Draft and Final Baseline Environmental Assessment Technical Memo. Agency coordination meeting minutes. UMAM functional assessment. Powerpoint Presentation 3.PROJECT GOALS: The goal of this Work Order is to conduct a baseline environmental assessment of the mangrove swamp system to be used in discussions with the applicable agencies/stakeholders to identify potential cooperative funding partnersfor the projectand to establish agency support. 4.BUDGET: See Attachment “B” This price includes all labor and expenses anticipated to be incurred by Atkins for the completion these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed Fifty-Eight Thousand Nine Hundred Thirty Three Dollars ($58,933). 5.SCHEDULE: Atkins will submit a draft to the City of Clearwater within 45 days from the notice to proceed. The final technical memorandum will be submitted during the coordination of the cooperative funding support process. WORK ORDER INITIATION FORM 6 of 9 Revised: 2/11/2016 6.STAFF ASSIGNMENT (Consultant): Atkins Team’s Key Staff: Daniel Parsons Project Manager Shayne Paynter Senior Technical Director David Loy Senior Scientist II Renee Price Senior Scientist 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Daniel Parsons, PE, CFM, ENV SP (813) 281-4856, daniel.parsons2@atkinsglobal.com All City project correspondence shall be directed to: Sarah Kessler (727) 562-4897, sarah.kessler@myclearwater.com 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 Attention: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. City Invoicing Code: ENST180005-DSGN-PROSVC 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 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. WORK ORDER INITIATION FORM 7 of 9 Revised: 2/11/2016 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY:APPROVED BY: ________________________________________________ Daniel Parsons, PE, CFM, ENV SP Tara Kivett, PE West Florida Division Manager City Engineer Atkins North America City of Clearwater ______________________________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 8 of 9 Revised: 2/11/2016 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM 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 9 of 9 Revised: 2/11/2016 Bird Island Breakwater Structure – Environmental Baseline Survey/Report, Agency Coordination, and Funding Research SUPPLEMENTAL WORK ORDER FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Project Management / Meetings / QA/QC $7,456 $7,456 2.0 Environmental Baseline Assessment (Survey)$20,938 $20,938 3.0 Baseline Assessment Technical Memorandum $5,234 $5,234 4.0 Cooperative Funding Application Assistance/Stakeholder Coordination and Agency Support $25,305 $25,305 Grand Total $58,933 SAN SAN LNBAYCALAISSANMADERATHOMAS RD WOLFE RD SANGRAND VIEW HOYT AVEMOSSAVE AVE BAYSI DECR-611FeatherwoodMcMULLEN BOOTH RDJOHNS PARKWAY DOWNING ST BAY "K" STLN CHAMBLEE BORDEAUX LN LN C R -3 1 Bay StKentucky Ave Cherry Ln Cleveland St CR-611AVETerrace View Ln DR OAK VISTA GLEN AVEKOVE CT CIRCIRKAPOK KAPOKCrescent LnDR SR-590 Abbey Ct BayouALAMEDAMONTEREYMAXIMODamascus RdCAMPBELL ST ST MATEO BERNADINO MacDonald SR-60 CO URTNEYBAYSHORE BLVDLN C ooper'sCAUSEWAY A lligatorLakeARLIE GABRIEL ST SAN ST ST CARLOSCTSAN DOMI NGO ROSE RDBAYSHORES T A V E PEDRO JOSEAVE S A N AVEBraesideBLVDAVE AbbeyColonial Dr CLEARWATER SAFETY HARBOR RD Ave DREW ST EDDIE C. MOORE RECREATION COMPLEX Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM SK N.T.S.xxx n/a06/04/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: COOPER'S POINTCIRCULATION STUDYProject # 18-0009-EN Document Path: V:\GIS\Engineering\Location Maps\CoopersPointCirculStudy.mxd COOPER'SPOINT OLDTAMPABAY S T U D Y A R EA S TU D Y A R E A Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6303 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a five-year agreement with Carollo Engineers, Inc., of Sarasota, FL, in the amount of $1,531,351 for Water Treatment Plant Number 2 System Improvements - Phase A (18-0034-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: September 11, 2018, Request for Qualifications (RFQ 36-18) was issued seeking an engineering firm to provide phased engineering services at Water Treatment Plant Number 2 (WTP-2) with the goal to increase water production while at the same time reduce equipment maintenance requirements. November 6, 2018, the RFQ Selection Committee, consisting of representatives from the Public Utilities and Engineering departments, met after independent review to discuss their ranking of each engineering firm that submitted qualifications. The committee selected Carollo Engineers, Inc. to perform a detailed study (Phase A) of WTP-2 and design system improvements (future Phase B) that will lead to increased production and reduced maintenance. Due to issues with groundwater supply shortfalls, bromate concentrations and total dissolved solids increases, WTP-2 production is less than capacity. Phase A will consist of a thorough review and evaluation of the reverse osmosis and ozone systems, including bench and full-scale testing of proposed recommendations and improvements prior to future design modifications in Phase B. The City of Clearwater’s Public Utilities Department owns, operates and maintains WTP-2. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96767 $1,531,351 Funds are available in capital improvement project 321-96767, RO Plant at Res 2 , to fund this work order. Page 1 City of Clearwater Printed on 7/17/2019 WORK ORDER INITIATION FORM 1 of 18 Revised: 11/29/2017 Carollo Engineers, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: 6/13/19 Consultant Project Number: (TBD) City Project Number: 18-0034-UT City Plan Set Number: (TBD) 1. PROJECT TITLE: WTP-2 System Improvements – Phase A 2. SCOPE OF SERVICES: The WTP-2 plant was designed with three RO skids and a nameplate production capacity of 6.25 mgd. Currently, however, only one RO skid can be effectively operated at a given time reducing the actual production capacity to far less than 6.25 mgd. The overall goal of the project is to make improvements to WTP-2 to allow to process and produce more water, addressing both water quality and water quantity. Problematic water quality issues include bromate, increasing raw water TDS, and impacts from RO1 concentrate. Regarding water quantity, additional raw water supplies are needed for operation of all three RO skids and for wellfield redundancy and reliability. The RO1 concentrate use impacts both water quality and quantity. RO1 concentrate was designed as a supply source for RO2 plant, with the intention that it be blended with the brackish feed water. However, the use of RO1 concentrate has resulted in scaling of membranes and/or frequent replacement of cartridge filters. The WTP-2 plant does not add sulfuric acid in the RO feed. Sulfuric acid can reduce scaling potential of the membranes, and if not being currently used can be evaluated as a potential pretreatment chemical. Additionally, there are chemical system improvements, membrane replacement, and other miscellaneous issues to be addressed as discussed in further detail below via the scoped tasks. The issues and deficiencies to be addressed include: • Changes in raw water quality (total dissolved solids) • Bromate level exceedance using ozone when operating more than one RO skid • Groundwater supply shortfall • Undersized CIP system WORK ORDER INITIATION FORM 2 of 18 Revised: 11/29/2017 • Other miscellaneous deficiencies as described below The most efficient and cost-effective way for addressing this project’s overall needs is a phased approach. Phase A of the project will determine improvements to allow production with a minimum of two RO skids with the existing raw water quality and quantity. Phase A will consist of reviewing and evaluating the existing RO system and ozone system/bromate formation, followed by determining the associated recommendations for improvements. A key result from the Phase A evaluation will be whether the existing ozone system can be improved to address bromate mitigation, or if a new degasifier system will instead be required. Finally, Phase A will also include coordination with the ongoing Water Supply and Treatment Master Plan study (City project 18-0022-UT, Master Plan) to capture its conclusions, once available, pertaining to the long-term projected TDS and water supply options. Some RO system improvement recommendations that fall more into the categories of repair or maintenance fixes could be implemented by the City at the end of Phase A. Design of improvements for the odor control system and certain other RO system improvements cannot be determined until the associated Phase A evaluations are completed, and will therefore be addressed in Phase B. Phase B of the project will be to design, permit, and construct the improvements to allow production with a minimum of two RO skids. This includes the necessary RO system improvements and, depending on the results from Phase A evaluations, either ozone system improvements (for bromate reduction) or implementation of a new degasifier system. Longer term improvements in the context of revised projected TDS and water supply options to increase production to all three RO skids and for wellfield redundancy and reliability will be addressed in Phase C of the project. Work associated with the different project phases will be authorized by the City in separate Work Orders. The scope of work for this Work Order is for Phase A of the project, and has been prepared in accordance with City requirements and is presented as follows. The design plans in Phases B and C shall be compiled using the City of Clearwater CAD standards, as attached. I. PROJECT MANAGEMENT The Engineer’s project manager will manage the efforts of the project team members, make staffing assignments, review work progress, coordinate quality assurance and review procedures, and communicate meeting schedules and progress reporting. Engineer’s project manager will develop and manage the information described in the following subtasks. Task 1.1 – Project and Quality Management Plan Prepare a Project Management Plan including: project background and objectives; project team directory; project scope and budget; communication protocols; action item and decision log format; document standards; and change management procedures. A Quality WORK ORDER INITIATION FORM 3 of 18 Revised: 11/29/2017 Management Plan will also be developed and included as part of the Project Management Plan document. A project schedule will be prepared and the initial schedule will be included in the Project Management Plan. The Draft Project Management Plan will be prepared and submitted for review prior to the project kickoff meeting (see Task 1.4). Comments will be incorporated and a Final Project Management Plan prepared. Task 1.2 – Progress Reports and Cost Control Perform cost control and prepare brief monthly project status reports comparing work accomplished with scheduled activities and budgets. All project status reports will be submitted to the City’s project manager with the monthly invoices. Task 1.3 - Project Invoicing Review and submit invoices on a monthly basis. Percent complete status will be updated and included along with the monthly invoice. Progress report will be included with the monthly invoice. Progress report will include an explanation of the work performed during the billing period. Task 1.4 – Project Meetings Coordinate, prepare, and conduct the following meetings at the City’s offices. Associated agenda and meeting notes will be prepared along with pertinent decision and action log updates and submitted for each meeting. 1. Kickoff Meeting 2. Meeting to Review and Finalize List of Candidate Alternatives for Testing Bromate Mitigation 3. Review Meeting for Draft Bromate Evaluation Test Plan and Draft Data Summary Technical Memorandum (TM) for Ozone System 4. Review Meeting for Draft Results from RO1 Concentrate Projections and Recommendation Regarding Pilot Test and Draft Data Summary TM for RO System 5. Review Meeting for Draft Pilot-Scale Testing Plan for RO1 Concentrate 6. Meeting with FDEP and City to Discuss Full-Scale Testing Plan for Bromate Mitigation and Pilot-Scale and Full-Scale testing for RO1 Concentrate 7. Review Meeting for Interim Draft Results from Bromate Testing 8. Review Meeting for Interim Draft Results from RO Evaluations and RO1 Concentrate Pilot Testing 9. Review Meeting for Draft TM for Bromate Evaluation & Odor Control System Improvements 10. Review Meeting for Draft TM for RO1 Concentrate Pilot Testing 11. Review Meeting for Draft TM for RO1 Concentrate Full Scale Testing 12. Review Meeting for Draft TM for RO System Evaluation & Improvements WORK ORDER INITIATION FORM 4 of 18 Revised: 11/29/2017 Kickoff meeting will include reviewing the project management plan, project scope, and project schedule; receiving pending previous reports, discussing pending data requirements, and identifying any additional data needs; and discussing and initiating coordination activities with City staff regarding first major milestones. The review meetings noted above will include reviewing task results, current work efforts, and milestones; coordinating the progress and direction of the project; and reviewing budget, schedule, and other specific issues that may arise. Task 1.5 – Schedule and Coordination Develop the project schedule in Microsoft Project. The initial schedule will be included in the Project Management Plan and reviewed at the project kickoff meeting. The schedule will be updated and reviewed as needed. Coordinate the efforts of the sub-consultants, including review of work progress and deliverables, invoicing and payments. For the full-scale ozone testing, (Task 2.3), Carollo will coordinate and communicate with the equipment and chemical supplier(s) to accommodate equipment leasing and installation, schedules, budgets, invoicing and payments, etc., as required. Estimates of equipment and installation allowances are included in Task 2 budget. For injection points, Carollo will leverage existing taps to the full-scale piping to the extent possible, otherwise if needed City staff will install the chemical injection taps in the full-scale pipe. Laboratory analysis will be required for the full-scale ozone testing (Task 2.3) and/or other water quality analysis required to fill data gaps. Carollo will coordinate and communicate with the external analytical laboratory to accommodate sampling requirements, schedules, budgets, reporting requirements, invoicing and payments, etc., as required for the full-scale tests. All samples shipments/pickup with the external lab will be coordinated by Carollo, except bromate/bromide samples will be directly shipped by City to Eurofins lab. Task 1.6 – Compile and Submit Dossier to City with Project Documents Develop and compile a digital project “dossier” that includes the items below, as appropriate on CEI work orders: • Files of correspondence, meeting minutes, Contract documents, deliverables, and comments, as available. • At the conclusion of the project, ENGINEER will combine this information into a draft project dossier and submit to the City for review and comment. The project dossier will be submitted electronically on CD/DVD ROM. City comments on draft dossier will be received and incorporated, and a final project dossier will be developed and submitted. WORK ORDER INITIATION FORM 5 of 18 Revised: 11/29/2017 II. BROMATE EVALUATION & ODOR CONTROL SYSTEM IMPROVEMENT RECOMMENDATIONS Task 2.1 – Review of Existing Data and Data Summary TM for Ozone System Request historical operational data from ozone system. Review the data from the plant relative to ozone operations including ozone dosage; raw water quality including bromide ion and H2S concentrations, temperature, and pH; and ozonated water quality including bromate ion and H2S concentrations. Based on the review, prepare and submit draft a Data Summary TM, including identification of any data gaps and recommendations for closing the gaps, along with estimated costs to fill in the data gaps. Review the draft TM with City in a meeting. Address and incorporate City’s comments received on Draft Data Summary TM and submit Final Data Summary TM. A contingency has been included in the budget estimate to address recommendations to fill data gaps, upon City’s approval. Task 2.2 – Perform Desktop Evaluation and Determine Alternative(s) for Full-Scale Testing Based on the review of the data in Task 2.1, develop a list of candidate alternatives and perform desktop evaluation. These alternatives could include pH reduction, ozone dosage reduction, and upstream chlorine and ammonia addition. Development of the list will be based on empirical models that have been developed for bromate ion formation to determine efficacy of candidate alternatives. Based on the desktop evaluation, up to two (2) alternatives will be selected for further evaluation through full-scale testing. Review and finalize alternatives for further evaluation with City in a meeting. Task 2.3 – Develop Test Plan Prepare and submit draft test plans for full-scale testing of ozone system related to the selected alternative(s) (up to two) identified in Task 2.2. Review the draft test plan with City in a meeting. Task 2.4 – Perform Full-Scale Short Term Testing Perform short term testing of up to two alternatives. Some testing, such as ozone dosage reduction, could be performed without modification to the ozone system. Other testing may involve the addition of chemicals on a temporary basis. Assist City in reviewing test plan with FDEP and in obtaining FDEP approval for the full-scale testing with temporary ozone system modifications. Review interim/draft results from full-scale testing with City and conduct testing of a second alternative if necessary. Carollo will coordinate and procure the necessary temporary chemicals (likely in tote tanks; with containment, if not placed into an existing containment area) and associated equipment for the full-scale testing. WORK ORDER INITIATION FORM 6 of 18 Revised: 11/29/2017 Task 2.5 – Perform Full-Scale Long Term Testing (allowance) Based on the results from the short term testing (Task 2.4), perform additional long term testing of a candidate alternative if needed. Task 2.6 – Evaluate Alternatives Evaluate the alternatives based on the results of Tasks 2.2 through 2.5. Propose a recommended alternative for bromate ion mitigation in the draft TM for Bromate Evaluation and Odor Control System Improvements. Task 2.7 – Nitrogen Boost Evaluation Evaluate the existing nitrogen boost system and make recommendations to improve performance and reliability. Include recommendations in the draft TM for Bromate Evaluation and Odor Control System Improvements. Task 2.8 – Develop and Submit Draft TM for Bromate Evaluation and Odor Control System Improvements. Develop and submit the Draft TM for Bromate Evaluation and Odor Control System Improvements, including the description, results, and recommendations from the bromate testing and evaluation, and the nitrogen boost evaluation. Include cost opinions for the recommended improvements. Review Draft TM results and recommendations in a meeting with City staff. Decide on a course of action, which could include design and construction of either ozone system improvements or of new degasifiers (if there are no viable bromate mitigation alternatives for the ozone system). Task 2.9 – Develop and Submit Final TM for Bromate Evaluation and Odor Control System Improvements. Address and incorporate City’s comments received on Draft TM and submit Final TM. III. RO SYSTEM EVALUATION AND IMPROVEMENTS Task 3.1 – Review of Existing Data and Reports and Data Summary TM for RO System Review available reports from previous studies to establish and confirm the project constraints and background. A preliminary list of these reports/studies is included below; this list will be refined/finalized at the project kickoff meeting. This list does not include the additional data/reports that are specifically listed to be reviewed under certain tasks discussed subsequently. Preliminary list of reports and studies to be reviewed: • Reverse Osmosis WTP #2 System Evaluation Summary of Findings. City of Clearwater and McKim & Creed. (March 2018). WORK ORDER INITIATION FORM 7 of 18 Revised: 11/29/2017 • Reverse Osmosis WTP #2 System Evaluation Summary Report. McKim and Creed. (February 2018). • Reverse Osmosis WTP#2 Treatment Alternative Evaluation. Reiss Engineering (November 2011). • Impact Analysis Report. SDI Environmental Services, Inc. (March 2012). • SEAWAT Variable-Density Groundwater Model Developed for Reservoir 2 Reverse Osmosis Feasibility Study. SDI Environmental Services, Inc. (March 2010). Based on the review, prepare and submit draft a Data Summary TM for RO System, including identification of any data gaps and recommendations for closing the gaps, along with estimated costs to fill in the data gaps. Review the draft TM with City in a meeting. Address and incorporate City’s comments received on Draft Data Summary TM and submit Final Data Summary TM. A contingency has been included in the budget estimate to address recommendations to fill data gaps, upon City’s approval. Task 3.2 - RO1 Concentrate Improvements City noted that the use of RO1 concentrate in the RO feed increased SDI to about 5. Orthophosphate residual in RO1 concentrate (from antiscalant injection at WTP-1) resulted in precipitation of calcium phosphate and scaling in the second stage membranes. City staff reported that the second stage membranes on RO Skid #2 are badly scaled and are being replaced. The antiscalant was switched; however, new cartridge filters last only about six days when RO1 concentrate supply is turned on. Review previous reports from pilot testing and membrane autopsies related to RO1 concentrate. Review pertinent record drawings, specifications, and submittals to evaluate RO1 concentrate design. Review WTP-2 RO operational data with and without RO1 concentrate being used as supply. Perform RO process modeling and projections to evaluate and recommend improvements needed to allow the use of RO1 concentrate. Coordinate samples and tests with chemical/antiscalant vendor for bench-scale testing by vendor. The results will be included in TM for RO System Improvements. Based on the results of Task 3.2, recommend if pilot testing (and subsequently full-scale testing) should be undertaken as the next step, upon City’s approval. Task allowances are included for RO1 concentrate pilot testing under Task IV and full-scale testing under Task V. Task 3.3 Evaluate Flow Control PLC/HMI Program & Pressure Control for RO1 Concentrate City staff reported that the RO1 concentrate flow varies widely at RO2 in automatic control mode, when being blending for reuse and treatment at RO2. There is no pressure control at the blending point. Review pertinent record drawings, specifications, and submittals to evaluate flow control PLC/HMI program for RO1 concentrate discharge from concentrate pump station at RO1 and subsequent blending at RO2 with the raw ground water. Review PID loop and pressure control options as needed. Recommendations will be summarized in TM for RO System Improvements. WORK ORDER INITIATION FORM 8 of 18 Revised: 11/29/2017 Task 3.4 – CIP System Improvements Review pertinent record drawings, specifications, and submittals to evaluate CIP pump sizing, CIP system sizing (currently sized for only for 15 vessels), and issues with CIP fill piping layout. Determine and recommend improvements for CIP system. Recommendations will be summarized in TM for RO System Improvements. Task 3.5 – Caustic System Improvements Review pertinent record drawings, specifications, and submittals to evaluate caustic system pump sizing and injection point location. Discuss with City staff and review any available reports/data on scaling that had occurred post caustic injection. Review current location of injection point that was temporarily relocated by City to avoid precipitation issues. Determine and recommend improvements for caustic system pump sizing. Determine and recommend if current location is the best or should be changed. Recommendations will be included in TM for RO System Improvements. Task 3.6 – Ground Storage Tank Improvements Review issue with ground storage tank that causes it to not fill properly. Evaluate overflow and fill pipe elevations of both storage tanks and plant hydraulic profile and recommend improvements. Recommendations will be included in TM for RO System Improvements. Task 3.7 - Other Miscellaneous RO System Improvements • Review issue with cavitation of valves and back pressure of 180-190 psi causing stage one vessels to demonstrate cracks at tail end. Determine and recommend improvements and plan for vessel replacement. • Review clearance issue with feed pumps removal. Recommend any potential improvement(s) that might be possible for better clearance. • Review antiscalant feed pipe sizing and layout/routing. It is currently sized at 1” and is 400 feet long, resulting in long lead/dwell time to get to injection point. Evaluate and recommend improvements. • Review permeate and concentrate valves as they don’t seal well with the ARV blowing off hydrogen sulfide on the offline skid(s). Evaluate and recommend improvements. • Verify RO permeate bypass line sizing. Evaluate and recommend if sizing should be changed. • Review issue with backwash flow control on iron filters (original design used butterfly valves). Evaluate and recommend improvements. Recommendations from Task 3.7 will be included in the TM for RO System Improvements. Task 3.8 – Develop and Submit Draft TM for RO System Improvements. Develop and submit the Draft TM for RO System Improvements including the descriptions and recommendations for various improvements identified in Tasks 3.2 to 3.7. Include cost WORK ORDER INITIATION FORM 9 of 18 Revised: 11/29/2017 estimates for the recommended improvements. Review Draft TM results and recommendations in a meeting with City staff. Task 3.9 – Develop and Submit Final TM for RO System Improvements. Address and incorporate City’s comments received on Draft TM and submit Final TM. Task 3.10 - Coordinate with Master Plan Project Results and Team Coordinate project and team activities with the Master Plan project. Coordinate and include data as it becomes available from the Master Plan project. Review deliverables for information purposes that relate to future WTP-2 TDS levels and water supply options to allow future operation with all three RO skids. IV. PROGRAMMING ON EXISTING PLCS FOR FLOW PACING CHEMICALS FOR FULL SCALE TESTING (ALLOWANCE) Upon City’s approval, coordinate the programming of existing PLC/PLCs depending on which all test have been approved. This task is required to program the existing PLC(s) for flow pacing of chemicals during the full scale testing tasks. Based on discussion with City staff, it is assumed that there is enough spare I/Os in the existing PLCs, therefore budget for new field PLCs has not been included. V. RO1 CONCENTRATE PILOT TESTING (ALLOWANCE) Upon City’s approval, coordinate the procurement and installation of RO pilot skid. The pilot study will include one month for pilot equipment mobilization, installation, startup and demobilization, and three (3) months of pilot operation. This task will include the following subtasks. Task 5.1 - Develop Test Plan Develop a testing plan for executing the pilot-scale test including the operational parameters and protocols for each process in the treatment train. Develop a sampling protocol to measure and establish the values for specific water quality parameters relating to the raw groundwater, RO1 concentrate, blended RO feed, and permeate waters. Develop a standard protocol that states the frequency of performance monitoring and sampling. This protocol will also specify any routine instrument calibration or verification procedures required. Develop the setup of equipment for the pilot treatment to be tested and prepare a graphical layout of necessary equipment and ancillary items for the pilot test. Task 5.2 - Coordinate, Procure, Install, and Startup Equipment Procure and install the appropriate temporary pilot equipment at RO2 WTP. Coordinate with team members and equipment suppliers to accommodate equipment procurement, installation, chemical requirements, and laboratory analysis. Perform and coordinate WORK ORDER INITIATION FORM 10 of 18 Revised: 11/29/2017 training and startup. Perform bromate formation testing at Carollo’s Water ARC® lab for a total of three (3) test samples/conditions. Task 5.3 - Site Visits and Sampling Perform site visits for pilot-scale operations 3 days per week, for a three (3) month operational period. Perform equipment monitoring, data collection, and coordination with laboratory. Perform selected water quality analyses in the field during the 3 visits per week, and contract with an external certified laboratory to analyze the remaining water quality parameters. Coordinate with external certified laboratory to provide sample containers and collect samples. It is assumed that the remaining 4 days per week the City staff will be available to oversee basic pilot operation and perform necessary field data collection and monitoring. Sample collection will be minimized during the days that City staff are monitoring the pilot. Task 5.4 - Data Analysis and Reporting Analyze performance data from the pilot-scale testing on a routine basis. Compile and interpret the data and document the results. Data reports updating the results from the operations to-date will be compiled twice per month for distribution. Activities completed and results generated in the month will be summarized along with the plans for the testing in the subsequent month. Task 5.5 - Develop and Submit Draft TM for RO1 Concentrate Pilot Testing. Develop and submit a Draft TM including the description and results from the pilot testing. Review Draft TM results and recommendations in a meeting with City staff. Task 5.6 - Develop and Submit Final TM for RO1 Concentrate Pilot Testing. Address and incorporate City’s comments received on Draft TM and submit Final TM. VI. RO1 CONCENTRATE FULL-SCALE TESTING (ALLOWANCE) Upon City’s approval, coordinate the procurement and installation of temporary equipment for full scale testing of RO1 concentrate. The testing will include one month of operation. This task will include the following elements: Task 6.1 - Develop test plan Develop a testing plan for executing the full-scale test including the operational parameters and protocols for each process in the treatment train. Develop a sampling protocol to measure and establish the values for specific water quality parameters relating to the raw groundwater, RO1 concentrate, blended RO feed, and permeate waters. Develop a standard protocol that states the frequency of performance monitoring and sampling. WORK ORDER INITIATION FORM 11 of 18 Revised: 11/29/2017 Task 6.2 - Coordinate, Procure, Install, and Startup Equipment Procure and install the appropriate temporary chemical feed equipment at RO2 WTP and RO1 WTP. Coordinate with team members and equipment suppliers to accommodate equipment procurement, installation, chemical requirements, and laboratory analysis. Perform and coordinate training and startup. Task 6.3 - Site Visits and Sampling Perform site visits for full-scale operations 3 days per week, for a one (1) month operational period. Perform equipment monitoring, data collection, and coordination with laboratory. Perform selected water quality analyses in the field during the 3 visits per week, and contract with an external certified laboratory to analyze the remaining water quality parameters. Coordinate with external certified laboratory to provide sample containers and collect samples. It is assumed that the remaining 4 days per week the City staff will be available to oversee basic test operation and perform necessary field data collection and monitoring. Sample collection will be minimized during the days that City staff are monitoring the full-scale test. Task 6.4 - Data Analysis and Reporting Analyze performance data from the full-scale testing on a routine basis. Compile and interpret the data and document the results. Data reports updating the results from the operations to-date will be compiled once per week for distribution. Activities completed and results generated in the week will be summarized along with the plans for the testing in the subsequent week. Task 6.5 - Develop and Submit Draft TM for RO1 Concentrate Full-Scale Testing. Develop and submit a Draft TM including the description and results from the full-scale testing. Review Draft TM results and recommendations in a meeting with City staff. Task 6.6 - Develop and Submit Final TM for RO1 Concentrate Full-Scale Testing. Address and incorporate City’s comments received on Draft TM and submit Final TM. Assumptions: 1) The ENGINEER shall complete the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida. 2) The CITY shall furnish the ENGINEER available studies, reports and other data pertinent to the ENGINEER 's services; obtain or authorize the ENGINEER to obtain or provide additional reports and data as required; furnish to the ENGINEER services of others required for the performance of the ENGINEER 's services hereunder, and the ENGINEER shall be entitled to WORK ORDER INITIATION FORM 12 of 18 Revised: 11/29/2017 use and rely upon all such information and services provided by the CITY or others in performing the ENGINEER 's services under this Scope of Work, in accordance with the standard of care. 3) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, the ENGINEER has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the ENGINEER makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER’s opinions, analyses, projections, or estimates. 3. PROJECT GOALS: The following work products will be submitted during the project: • Project Management Plan o Draft: electronic PDF copy, Word file o Final: electronic PDF copy, 4 hard copies • Test Plans (as defined in Scope of Services) o Draft: electronic PDF copy, Word file o Final: electronic PDF copy, 4 hard copies • TMs (as defined in Scope of Services) o Draft: electronic PDF copy, Word file o Final: electronic PDF copy, 4 hard copies • Meeting Agendas and Notes; electronic PDF copy • Progress Reports and Invoices; electronic PDF copy • Draft and Final Project Dossier; electronic PDF copy on CD/DVD ROM 4. BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by Carollo Engineers, Inc., for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not to exceed One Million Five Hundred and Thirty One Thousand and Three Hundred and Fifty One Dollars ($1,531,351). Permit fees are not expected in Phase A of the project. 5. SCHEDULE: We understand the urgency of completing this Phase A evaluation so that the RO2 improvements can be designed in Phase B and the second RO skid be put into operation. Phase A tasks can be completed in 58 weeks (approximately 14 months) from issuance of notice-to- proceed and receipt of all data. A breakdown of the schedule and the phasing of the project deliverables are as follows: WORK ORDER INITIATION FORM 13 of 18 Revised: 11/29/2017 Draft Test Plan for RO1 Concentrate Pilot Test 9 weeks Draft Test Plan for Full-Scale Bromate Testing 12 weeks Draft TM for Ozone Data Summary 12 weeks Draft TM for Bromate/Ozone Improvements 30 weeks Final TM for Bromate/Ozone Improvements 36 weeks Draft TM for RO1 Concentrate Pilot Test 36 weeks Draft Test Plan for RO1 Concentrate Full-Scale Test 38 weeks Draft TM for RO1 Concentrate Full Scale Test 50 weeks Draft TM for RO Improvements 56 weeks Final TM for RO Improvements 58 weeks 6. STAFF ASSIGNMENT: Engineer’s Key Staff Robert Cushing, P.E. – Principal In Charge Sandeep Sethi, Ph.D., P.E. – Project Manager Jennifer Nyfennegger, Ph.D., P.E. – Project Engineer Ron Joost, P.E. – Ozone System Expert Brandon Yallaly – RO System Expert David Wiley (WSP) – Supervising Hydrogeologist Jeff Trommer (WSP) - Lead Hydrogeologist Richard Cofer (WSP) - Senior Hydrogeologist Ron Ewinski (WSP) - Senior Hydrogeologist City’s Staff: Jeff Walker, PE - Project Manager John Conyers - Public Utilities Site Representative (RO2 Chief Operator) Fred Hemerick - Public Utilities Liaison (Water Production Coordinator) Glenn Daniel - Public Utilities Manager Jeremy J. Brown, PE - Utilities Engineering Manager Richard G. Gardner, PE - Public Utilities Assistant Director 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Sandeep Sethi, PhD, PE with copy to Jennifer Stokke Nyfennegger, PhD, PE. WORK ORDER INITIATION FORM 14 of 18 Revised: 11/29/2017 All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attention: 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: 3217321-530100-96767 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. Project Name and Project Number. B. Purchase Order Number, Invoice Number, and Contract Amount. C. The time period (begin and end date) covered by the invoice. D. A descriptive summary of activities completed in the time period E. Contract billing method – Lump Sum or Cost Times Multiplier F. 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). G. 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), and budget remaining. H. 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: WORK ORDER INITIATION FORM 15 of 18 Revised: 11/29/2017 ________________________ ________________________ Sandeep Sethi Tara Kivett, PE Vice President City Engineer Carollo Engineers, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 16 of 18 Revised: 11/29/2017 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM 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 must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 17 of 18 Revised: 11/29/2017 Carollo Engineers, Inc. WTP-2 System Improvements – Phase A City Project No. 18-0034-UT WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Project Management 1.1 Project and Quality Management Plan $0 $4,900 $4,900 1.2 Progress Reports and Cost Control $0 $14,390 $14,390 1.3 Project Invoicing $0 $5,250 $5,250 1.4 Project Meetings (up to 12) (Prepare/Attend/Develop Notes) $6,068 $87,580 $93,648 1.5 Schedule and Coordination $0 $25,770 $25,770 1.6 Compile Summary Log for City Comments (12 mtgs + 8 delv.) and Draft/Final Project Dossier $0 $46,900 $46,900 Task Subtotal $6,068 $184,790 $190,858 2.0 Bromate Evaluation & Odor Control System Improvements 2.1 Review of Existing Data and Draft/Final Data Summary TM $0 $24,530 $24,530 2.2 Perform Desktop Evaluation and Develop Alternative(s) for Full-Scale Testing $0 $12,510 $12,510 2.3 Develop Test plan) $0 $20,210 $20,210 2.4 Perform Full-Scale Short Term Testing (up to 2 alternatives over total 1 week) $0 $17,530 $17,530 2.5 Perform Full-Scale Long Term Testing (2 week allowance) $0 $30,060 $30,060 2.6 Evaluate Alternatives $0 $12,160 $12,160 2.7 Nitrogen Boost Evaluation $0 $8,150 $8,150 2.8 Develop and Submit Draft TM $0 $18,190 $18,190 2.9 Develop and Submit Final TM $0 $4,390 $4,390 Task Subtotal $0 $147,730 $147,730 3.0 RO System Evaluation and Improvements 3.1 Review of Existing Data and Reports and Drawings, and Draft/Final Data Summary TM $6,576 $31,600 $38,176 3.2 R01 Concentrate Improvements Evaluation $0 $12,700 $12,700 3.3 Evaluate Flow Control PLC/HMI Program & Pressure Control for RO1 Concentrate $0 $39,230 $39,230 3.4 CIP System Improvements $0 $9,360 $9,360 Attachment “B” WORK ORDER INITIATION FORM 18 of 18 Revised: 11/29/2017 3.5 Caustic System Improvements $0 $8,130 $8,130 3.6 Ground Storage Tank Improvements $0 $17,050 $17,050 3.7 Other Miscellaneous RO System Improvements $0 $19,940 $19,940 3.8 Develop and Submit Draft TM $0 $19,530 $19,530 3.9 Develop and Submit Final TM $0 $6,500 $6,500 3.10 Coordinate with Master Plan Project Results and Team $17,172 $13,250 $30,422 Task Subtotal $23,748 $177,290 $201,038 4.0 Programming on Existing PLCs for Flow Pacing Chemicals for Full Scale Testing (Allowance) 4.1 Programming (on existing PLC at RO2) for Flow Pacing Chemical - Ozone Testing $0 $29,740 $29,740 4.2 Programming (on existing PLC at RO2) for Flow Pacing Chemical - RO1 Conc. Testing $0 $29,740 $29,740 4.3 Programming (on existing PLC at RO1) for Flow Pacing Chemical - RO1 Conc. Testing $0 $29,740 $29,740 Task Subtotal $0 $89,220 $89,220 5.0 RO1 Concentrate Pilot Testing (3 month operation + 1 month install/startup/demob) (Allowance) 5.1 Develop Test Plan $0 $16,410 $16,410 5.2 Coordinate, Procure, Install, and Startup Equipment $0 $41,000 $41,000 5.3 Site visits & sampling (3 months; 3/wk field engr, 1/wk PE, 1/mo PM) $0 $77,940 $77,940 5.4 Data Analysis and Reporting $0 $37,430 $37,430 5.5 Develop and Submit Draft TM $0 $28,310 $28,310 5.6 Develop and Submit Final TM $0 $8,860 $8,860 Task Subtotal $0 $209,950 $209,950 6.0 RO1 Concentrate Full Scale Test (1 month) 6.1 Develop Test Plan $0 $10,940 $10,940 6.2 Coordinate, Procure, Install, and Startup Equipment $0 $23,660 $23,660 6.3 Site Visits & Sampling (1 month) $0 $42,710 $42,710 6.4 Data Analysis and Reporting $0 $26,080 $26,080 6.5 Develop and Submit Draft TM $0 $19,630 $19,630 6.6 Develop and Submit Final TM $0 $7,630 $7,630 Task Subtotal $0 $130,650 $130,650 Subtotal, Labor and Subcontractors $969,446 Permit Review Fees NA Contingency $171,032 Other Direct Costs (prints, photocopies, postage, out of state travel, equipment, etc.) $390,873 Grand Total $1,531,351 Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS RFQ #36-18 WTP-2 System Improvements Consulting Services September 11, 2018 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, October 18, 2018, to provide System Improvements Consulting Services at the City of Clearwater’s Water Treatment Plant Number 2. Brief Description: The City of Clearwater is seeking a Consultant to provide phased engineering services at Water Treatment Plant Number 2 (WTP-2) as generally outlined in the Reverse Osmosis WTP #2 System Evaluation Summary Report, dated February 2018; however, alternative project approaches are acceptable in response to this RFQ. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at www.myclearwater.com/bid . Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Sr. Procurement Analyst: Lori Vogel, CPPB Sr. Procurement Analyst Lori.Vogel@myclearwater.com This Invitation to Bid is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS WTP-2 System Improvements Consulting Services 2 RFQ #36-18 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: October 18, 2018 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted, and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting Purchasing. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City Purchasing Office as the official time. i.6 LOBBYING PROHIBITION. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City, including but not limited to the City Council, employees, and consultants hired to assist in the solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the solicitation until the City cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which ends the solicitation process. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. INSTRUCTIONS WTP-2 System Improvements Consulting Services 3 RFQ #36-18 This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. Violations of this provision shall be reported to the Purchasing Manager. Persons violating this prohibition may be subject to a warning letter or rejection of their response. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS WTP-2 System Improvements Consulting Services 4 RFQ #36-18 i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Purchasing Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager City of Clearwater 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION WTP-2 System Improvements Consulting Services 5 RFQ #36-18 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (Response Format, page 11) Points Technical Expertise on Projects of Similar Nature, Size and Complexity, Including References (Tab 2) 30 Experience and Professional Qualifications of the Project Manager and Key Team Members, Including Sub-consultants (Tab 3) 25 Project Methodology and Ability of Proposed Approach to Meet the Needs of the City (Tab 4) 25 Schedule to Complete the Design, Including Estimated Number of Hours Per Task, by Personnel/Position (Tab 4) 10 Quality Management Plan Describing the Organization’s Systematic Approach to Quality Assurance (Tab 5) 10 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may INSTRUCTIONS – EVALUATION WTP-2 System Improvements Consulting Services 6 RFQ #36-18 begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/bid to view Purchasing’s Intent to Award postings. i.21 RFP TIMELINE. All dates are tentative and subject to change. Release RFQ: September 11, 2018 Advertise Tampa Bay Times: September 12, 2018 Responses due: October 18, 2018 Review responses: October 18 – 31, 2018 Interview/Presentations: week of November 12, 2018 Award recommendation: November 16, 2018 Council authorization: February 2019 Contract begins: February 2019 DETAILED SPECIFICATIONS WTP-2 System Improvements Consulting Services 7 RFQ #36-18 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. INTRODUCTION. The City of Clearwater (City) is seeking an Engineering firm for the design, procurement, and construction engineering inspection services (CEI) related to modifying the City’s Water Treatment Plant Number 2 (WTP-2). This Request for Qualifications (RFQ) is a multiple phase project as outlined in the Reverse Osmosis WTP #2 System Evaluation Summary Report, a report prepared by McKim and Creed (Project 16-0029-UT). 3. BACKGROUND. The City operates WTP-2, which was designed to produce 6.25 million gallons per day (MGD). Due to issues with bromate formation, groundwater supply shortfalls, and increases in groundwater total dissolved solids (TDS) levels, the facility’s production is currently limited to approximately 2.5 MGD. To compensate for the lost production, the City purchases potable water from Pinellas County Utilities. City staff has identified multiple operational challenges that have resulted in damaged equipment, increased maintenance requirements, and reduced water production. 4. SCOPE OF WORK. The City seeks an Engineering firm for the design, procurement, and construction engineering inspection services (CEI) of the city’s WTP-2, including reviewing background information, the Reverse Osmosis WTP #2 System Evaluation Summary Report and its recommendations, and work with the City to implement some, or all the phases identified in the report. The following is a general overview of the WTP-2 System Evaluation recommended phasing: o Phase 1 – Reduce bromate levels while removing H2S to allow for 2-skid operations. o Phase 2A – Increase wellfield supply to allow for 3-skid operation. o Phase 2B – Modify Reverse Osmosis (RO) system components for higher TDS levels o Phase 3 – Expand brackish wellfield to provide system rotational capacity and redundancy. The City is also embarking on a separate Water Supply and Treatment Master Plan project that seeks to assess, evaluate, and provide recommended improvements to optimize City water supply facilities. A portion of that Master Plan will be to develop an estimate of the future TDS levels of the water being supplied to WTP-2. The selected consultant for this RFQ will be required to review Water Supply and Treatment Master Plan deliverables that relate to future WTP-2 TDS levels and perform supplemental work as required to accept responsible charge and incorporate the future WTP-2 TDS levels into the Consultant’s WTP-2 design(s). The following documents are accessible on the City’s FTP site: ftp://ftpserver.myclearwater.com Username: vendor Password: clearwater (lower case 'c') Directory: Purchasing File: RFQ 36-18 Water Treatment Plant No 2 System Improvements Consulting Services • City of Clearwater and McKim & Creed. (March 2018). Reverse Osmosis WTP #2 System Evaluation Summary of Findings. (File: Clearwater RO_2 System Evaluation_03-26-18.pdf) • McKim and Creed. (February 2018). Reverse Osmosis WTP #2 System Evaluation Summary Report. (File: ROWTP2 System Eval Report_02-14-2018_reduced.pdf) DETAILED SPECIFICATIONS WTP-2 System Improvements Consulting Services 8 RFQ #36-18 • SDI Environmental Services, Inc. (March 2012). Impact Analysis Report. (File: Impact Analysis Report WUP Mod 200002981.017.pdf) • Reiss Engineering (November 2011). Reverse Osmosis WTP#2 Treatment Alternative Evaluation. (File: Treatment Alternative Evaluation Final_Nov2011.pdf) • SDI Environmental Services, Inc. (March 2010). SEAWAT Variable-Density Groundwater Model Developed for Reservoir 2 Reverse Osmosis Feasibility Study. (File: SEAWAT Variable-Density Groundwater Model.pdf) • SEAWAT Model 5. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a DETAILED SPECIFICATIONS WTP-2 System Improvements Consulting Services 9 RFQ #36-18 supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 6. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #36-18 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES WTP-2 System Improvement Consulting Services 10 RFQ #36-18 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. February 2019 through July 2022. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT WTP-2 System Improvements Consulting Services 11 RFQ #36-18 1. RESPONSE SUBMISSION - Submit one (1) signed response (identified as ORIGINAL) along with five (5) copies, and one (1) electronic format copy on a disc or thumb drive in a sealed envelope/container. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty-two (22) total pages, including typed text, graphics, charts and photographs. The total page count does not include supporting documents for Tab 6, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). The cover letter should briefly introduce the Consultant and also include: • A statement confirming that all information contained in the response is complete and accurate. • Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project. • Contact information for the firm’s principal including email address and phone number. TAB 2 – Technical Expertise (30 points; six [6] pages). Provide background about the firm and present an understanding of the Scope of Services to be provided and ability to provide such services, including: • Information for three (3) projects, preferably within the last 10 years, for which Consultant has provided closely related services to this Scope of Services. Project descriptions shall identify any change order(s) to the original agreement. • Explain innovative solutions that resulted in cost savings to the agency, and accuracy of prepared municipal capital improvement plans to the actual costs to the agency. • Provide client references for the three (3) selected projects including contact name, mailing address, email address, and phone number. TAB 3 – Experience and Professional Qualifications (25 points; six [6] pages). Describe the firm’s professional background, experience with similar projects, and qualifications of key personnel proposed to work on the project. Include an organization chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. Include resumes for key team members (including subcontractors) demonstrating specific project experience relevant to the project. Include the expected amount of involvement for each consultant team member. Any changes in key personnel after the contract award must be approved by the City. TAB 4 – Project Methodology and Schedule (25 and 10 points; six [6] pages). Demonstrate project understanding and affirm proposed approach to meet the needs of the City. Provide a detailed work phase/task plan, including a tentative schedule to complete the Scope of Services, including estimated number of hours per task, by personnel/position. TAB 5 – Quality Management Plan (10 points; two [2] pages). Describe the firm’s systematic approach to quality assurance for the project. TAB 6 – Other Forms. The following forms should be completed and signed: • Exceptions, Additional Materials, Addenda form • Company Information form • Response Certification form • Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License • Copy of the firm’s contracting license in the State of Florida at the time of submittal • If the firm is a corporation, a copy of the current Florida Corporation Registration • W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA WTP-2 System Improvement Consulting Services 12 RFQ #36-18 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/ prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION WTP-2 System Improvements Consulting Services 13 RFQ #36-18 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION WTP-2 System Improvements Consulting Services 14 RFQ #36-18 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER WTP-2 System Improvements Consulting Services 15 RFQ #36-18 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #36-18, WTP-2 System Improvements Consulting Services Due Date: October 18, 2018, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #36-18, WTP-2 System Improvements Consulting Services Due Date: October 18, 2018, at 10:00 A.M. City of Clearwater Attn: Purchasing 100 So Myrtle Ave, 3rd Floor Clearwater FL 33756-5520 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 2 Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 3 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. 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, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or 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. RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 4 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: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (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. 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. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 5 background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 6 S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 7 Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 8 usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may RFQ 36-18, STANDARD TERMS AND CONDITIONS AGREEMENTS AND CONTRACTS 9 be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. PROJECTLOCATIONUS-19 NDREW ST HAMPTON RD GULF-TO-BAY BLVD PARK PLACE BLVD DAVID AVE SKY HARBOR 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 JW N.T.S.291A 17-29s-16e06/10/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Water Treatment Plant Number 2System ImprovementsProject #18-0034-UT Path: V:\GIS\Engineering\Location Maps\18-0034-UT WTP-2 System Improvements.mxd 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF CLEARWATER AND CAROLLO ENGINEERS, INC. RFQ #36-18 WTP-2 SYSTEMS IMPROVEMENTS CONSULTING SERVICES This AGREEMENT is made and entered into on the _____ day of July, 2019 by and between the City of Clearwater, Florida (CITY) and Carollo Engineers, Inc., (CONSULTANT). WITNESSETH: WHEREAS the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the CONSULTANT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the CONSULTANT in a proposal dated April 18, 2019. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices, by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the City as set forth in RFQ 36-18, Scope of Services. 2.2 The CONSULTANT’S services under this Agreement will be provided under project specific Work Orders. Each Work Order will include the services for a single project, phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed $1,531,351.00 unless specifically authorized by the City Council. See Phase A Work Order attached hereto as Exhibit B. 2 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Agreement. Receipt of a fully executed Agreement shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services called for are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to five (5) years, subject to the provisions for termination contained herein. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. 5.2 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 3 5.3 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 5.4 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 5.5 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. 5.6 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.7 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 5.8 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning the Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the City and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for “In House” use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the City. 5.9 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: 4 IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. CONSULTANT shall comply with the following: 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. 5 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: 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. 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. 5.10 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, the CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the CONSULTANT makes no warranty that the CITY’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from the CONSULTANT’s opinions, analyses, projections, or estimates, except to the extent such variances are caused by the CONSULTANT's failure to meet the standard of care as delineated herein. 6 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement upon presentation of CONSULTANT’S monthly invoice, Net 30. An hourly rate schedule is included as Exhibit C. After completion of Phase A in the Exhibit B Work Order, the parties may renegotiate the hourly rates in Exhibit C, with changes subject to approval by the City Council. Should the parties fail to reach an agreement as to the hourly rates, either party may terminate this Agreement with thirty (30) days written notice. 6.2 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. 10.0 TERMINATION OF CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 7 11.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133 does not restrict your submission. 12.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 13.0 RFQ #36-18, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #36-18, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit A. 14.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) RFQ #36-18, Standard Terms and Conditions; and (iii) Work Orders. 15.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit D, which is incorporated by reference and attached hereto. 8 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. ______________________________ CAROLLO ENGINEERS, INC. By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 9 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE 10 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 5. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 6. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 7. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 8. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6400 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve the extension of the Emergency Medical Services ALS First Responder Growth Management Agreement between Pinellas County and City of Clearwater for one additional one-year term, extending through September 30, 2020, and authorize the appropriate officials to execute same. (consent) SUMMARY: The current agreement expires September 30, 2019, but also contains an option to extend for three additional one-year terms. Pinellas County Emergency Medical Services Authority and the City of Clearwater wish to extend the agreement for one year with a new expiration of September 30, 2020. The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide first responder services and has also contracted with an ambulance contractor to provide emergency and non-emergency transport services. Due to the continued increase in EMS demands within Pinellas County, a “Data Driven Focus Group,” comprised of all City and Fire District Fire Chiefs as well as County Safety and Emergency Services staff, evaluated the response time performance and workload of ALS First Responder Units. One of the outcomes from this group was right-sizing ALS First Responder responses to low acuity calls. Through this contract, Clearwater Fire & Rescue in conjunction with Pinellas County, Priority Dispatch Protocols will actively implement growth management strategies to reduce the EMS workload of ALS First Responder responses to certain non-life-threatening EMS incidents and partner on other growth management initiatives. The EMS Authority will not eliminate funding for existing funded ALS First Responder Units due to the implementation of growth management strategies. APPROPRIATION CODE AND AMOUNT: NA Page 1 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6400 USE OF RESERVE FUNDS: NA Page 2 City of Clearwater Printed on 7/17/2019 FIRST AMENDMENT TO THE EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER GROWTH MANAGEMENT AGREEMENT THlS AMENDMENT made this __________day of ____________, 2019, between the CITY OF CLEARWATER, a Florida municipal corporation ("Contractor") and the PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY, a special district ("Authority"). 1 . Contractor currently contracts with Authority ("Agreement") so as to respond to EMS Incidents in accordance with the then current Priority Dispatch Protocols. 2. The Agreement between the Contractor and the Authority will, pursuant to its terms, expire September 30, 2019, but also contains an option to extend for three (3) additional one (1) year terms. 3. Contractor and Authority wish to extend the agreement for one ( l ) year with a new expiration of September 30, 2020. 4. Contractor and Authority agree that, except as provided herein, upon approval of this amendment, all terms of the original agreement will remain in force and effect as if the original term of the contract expired September 30, 2020. IN WITNESS WHEREOF, the parties hereto, by and through their undersigned authorized officers have caused this amendment to be executed on this ___________ day of , 2019. ATTEST: PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY By and through the County Administrator Della Klug Barry A. Burton County Administrator Countersigned: CITY OF CLEARWATER, FLORIDA George N. Cretekos William B. Horne II Mayor City Manager Approved as to Form: Attest: Matthew M. Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6419 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Authorize award of Invitation to Bid Number 38-19, Storage Area Network (SAN) Equipment, to Extensys, Inc., of Tampa FL, for installation and support of new SAN equipment, in the amount of $767,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) Number 38-19 for Storage Area Network (SAN) Equipment was issued on May 28, 2019. One bid was received from Extensys, Inc., to install two Pure Storage Area Network systems, including all hardware, software, licensing, installation services, and three years of Gold Support. The two new SANs will support the City’s networked computing environment and approximate 2,000 users. Of the requested amount, approximately $493,000 is scheduled for new infrastructure; $214,000 is scheduled for services, maintenance, repair and three-year warranties; and $60,000 (approximately 8%) of total project is contingency and additional professional services or licenses during the initial three-year maintenance term. This solution will provide the City with a replicated storage environment and enhance the city management and backup of critical operational data and system support. APPROPRIATION CODE AND AMOUNT: Funding of $567,000 is available in project L1908, Network Infrastructure and Server R&R. A third quarter budget amendment from lease purchase proceeds will provide a budget increase of $200,000 to provide additional funding in project L1908 for this award. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/17/2019 Bring IT Exten RFP-38-19 CITY OF CLEARWATER STORAGE AREA NETWORK (SAN) EQUIPMENT JUNE 27, 2019 COPY Extensys, Inc. I 253 Pine Ave North, Building B, Oldsmar, FL 34677813 I www.extensysinc.com Local Contact: Chris Jordan I Cell: 727-434-1112 I chris.jordan@extensysinc.com Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6444 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Authorize a contract in the amount of $320,000.00 to Spectrum Enterprise of St. Louis, MO, for internet access and point-to-point data network services, and authorize the appropriate officials to execute same. (consent) SUMMARY: Spectrum Enterprise provides internet access and point-to-point data connections at approximately 17 locations across the City’s network. Of the requested amount, approximately $281,000 is scheduled for existing services over the term of June 1, 2019 through September 30, 2023. An additional amount of approximately $39,000 is included as a contingency to cover taxes, fees and other service connections during the defined term. Spectrum Enterprise is one of 3 service providers used to support the City’s network and computer operations. APPROPRIATION CODE AND AMOUNT: Funding is available in the Information Technology Admin Services budget for each of the FY’s 2019-2023. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/17/2019 Enterprise Long Form v.190426 CONFIDENTIAL Page 1 of 26 ©2016-19 Charter Communications. All Rights Reserved. COMMERCIAL TERMS OF SERVICE These Terms of Service include all Attachments hereto (“Attachment(s)”), and all other documents identified hereunder, each of which are incorporated herein by reference. The Attachments further describe Spectrum’s services (each a “Service” or collectively the “Services”) and set forth additional terms and conditions for the applicable Service. Spectrum and Customer may each be referred to as a “Party” or collectively as the “Parties.” Unless specifically set forth in any Attachment, capitalized terms shall have the meanings set forth in this Service Agreement. GENERAL 1. SERVICE AGREEMENT TERM. The Service Agreement shall be effective upon the earlier to occur of (a) the latest date of the signatures of the Parties; or (b) Spectrum’s commencement of performance (the “Effective Date”). The Service Agreement shall remain in effect until the expiration or proper termination of the final existing Service Order entered into under this Service Agreement (the “Term”). 2. SERVICES. Customer shall request Services hereunder by submitting orders in a manner required by Spectrum. Upon Spectrum’s acceptance of a Service Order, as indicated either by: (a) Spectrum’s written acceptance, (b) by Spectrum’s delivery of the Services, or (c) commencement of installation, such Service Order shall be deemed incorporated into the Service Agreement. Spectrum shall provide the Services to Customer at the Service address(es) specified in the applicable Service Order (“Service Location(s)”). 3. ORDER TERM. The “Initial Order Term” is the time period starting on the date the Services are functional in all material respects and available for use (the “Billing Start Date”), and continuing for the period of time specified in the Service Order(s). If no Initial Order Term is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date. Upon expiration of the Initial Order Term, the applicable Service Order shall automatically renew for successive one-month terms (each a “Renewal Order Term”, collectively with the Initial Order Term, the “Order Term”), unless either Spectrum or Customer elects to not renew the Service Order by notice provided to the other at least thirty (30) days in advance of the expiration of the then-current Order Term. 4. AVAILABILITY OF FACILITIES. Customer understands that certain Services may not be available in all Spectrum service areas and Spectrum may decline to provide any requested Services. Spectrum’s ability to provide Services depends upon its ability to secure and retain, without unreasonable expense, suitable facilities, and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve the Service Location. Spectrum may decline to accept or terminate a Service Order upon notice to Customer because of (a) the lack of transmission medium, transmission capacity or any other facilities or equipment, (b) the lack of available services from or interconnection with the services or facilities of other providers, or (c) any other cause beyond Spectrum’s control. 5. SERVICE LOCATION ACCESS AND INSTALLATION. (a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary for Spectrum to provide the Services and to review, install, inspect, maintain, repair, or remove any Spectrum-provided cabling, modems, related splitters, routers or other equipment (“Spectrum Equipment”) used to provide the Services. If Customer owns or controls the Service Location(s), Customer hereby grants Spectrum permission to enter the Service Location(s) in order for Spectrum to fulfill its obligations and exercise its rights under the Service Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with Spectrum's reasonable assistance, appropriate right of access. If such right of access for Spectrum is not obtained by either Party, then Spectrum may decline Customer’s request for Services, or terminate or amend the affected Service Order with respect to the Service Location that Spectrum cannot access, without any liability to Customer. (b) Installation Review. Spectrum may perform an installation review of each Service Location prior to installation of the Services to determine serviceability or the need to extend Spectrum’s facilities, fiber optic cable, electronics, or other equipment (collectively, the “Network”) to provide the Services at the Service Location. If during the installation review, Spectrum determines that additional work is required to enable Spectrum to deliver the Services to the Service Location, Spectrum will notify Customer of any additional Service Charges (as defined below) in excess of the amounts previously specified in a quote or Service Order. Upon request, Customer shall provide Spectrum with accurate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility service maps, prior to the installation review. (c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of Spectrum Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture, and furnishings as necessary to access the Spectrum Equipment or Services. In addition, Customer shall provide Spectrum with floor space, rack space, other space, and clean power as is reasonably necessary for the installation and operation of Spectrum Equipment at the Service Location(s). Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses whatsoever in connection with Customer’s provision of space, power, or access as described herein, or otherwise in connection with Customer’s performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user accessing or using the Services (“End User”) shall be borne solely by Customer. Any failure or refusal by Customer to be ready to receive Services does not release Customer from its obligation to pay Service Charges for any Service that is otherwise available for Customer’s use. Enterprise Long Form v.190426 CONFIDENTIAL Page 2 of 26 ©2016-19 Charter Communications. All Rights Reserved. (d) Installation. Spectrum will schedule one or more installation visits with Customer. At the Customer’s request, Spectrum may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional Service Charges based on Spectrum’s actual incurred labor, material or other costs for such non- routine installation or maintenance. Customer’s authorized representative must be present during installation. If Spectrum is unable to install the Service as a result of (i) Customer’s (or any End User’s) failure to deliver any required materials, support or information to Spectrum; (ii) Customer’s (or any End User’s) failure to provide access to a Service Location; or (iii) Spectrum not being able to obtain access to equipment at the Service Location as necessary for installation of the Service, then Customer shall pay Spectrum a Service Charge at Spectrum’s then prevailing rates for any installation trip made by Spectrum and an additional Service Charge for each subsequent trip necessary to perform the Service installation. In addition, if Spectrum’s installation of the Service is delayed as a result of Customer’s actions or inactions as set forth above or if Customer is otherwise refusing or not ready to receive Services, then Spectrum will notify Customer that Spectrum is ready to finalize installation of the Services (the “Ready Notice”) and may begin invoicing Service Charges as set forth in Section 7 upon the earlier of the Billing Start Date or sixty (60) days after the date of the Ready Notice. If during the course of installation Spectrum determines additional work is necessary to enable Spectrum to deliver the Services to the Service Location, Spectrum will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or Service Order. If Customer does not agree to pay such Service Charges by executing a revised Service Order within five (5) business days of receiving the same, Customer and Spectrum shall each have the right to terminate the applicable Service Order. Spectrum may act as Customer's agent for ordering access connection facilities provided by other providers or entitles when authorized by Customer to allow connection of a Service Location to the Network. Customer shall perform interconnection of the Services and Spectrum Equipment with any Customer- provided or End User equipment (collectively, “Customer Equipment”), unless otherwise set forth in an Attachment or agreed in writing between the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by Spectrum. Spectrum shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and for those damages directly caused by Spectrum’s faulty workmanship or installation of the Service, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes, in Spectrum’s sole opinion, hazardous or dangerous to Spectrum’s employees or Network, the public, or property, including without limitation due to the presence of asbestos or other hazardous materials, Spectrum may refuse to install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by Spectrum arising from any such hazardous or dangerous conditions. 6. EQUIPMENT. (a) Equipment Responsibilities and Safeguards. Spectrum shall use commercially reasonable efforts to maintain and secure the Spectrum Equipment used by Spectrum to provide Services to Customer. Except as otherwise provided in this Service Agreement or any Service Order(s), Customer shall be responsible for the maintenance or repair of any cable, electronics, structures, equipment, or materials owned or provided by Customer. Customer shall not, and shall not cause any third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software not provided by Spectrum, or otherwise tamper with any portion of the Spectrum Equipment without the prior consent of Spectrum. Customer shall be responsible for loss or damage to the Spectrum Equipment while at Customer's or an End User’s facilities. Customer shall also ensure that all Spectrum Equipment at Customer’s and End Users’ Service Location(s) remains free and clear of all liens and encumbrances. (b) Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable security measures and procedures with respect to use of and access to the Service Location, Service, and Spectrum Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges (including other non-Spectrum switches, collectively, “PBXs”), where applicable, and any applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any charges incurred on Customer’s Service account, regardless of whether such activity or charges are authorized by Customer management or involve fraudulent activity until such time as Customer informs Spectrum of any fraudulent or unauthorized access. Without limiting Customer’s responsibilities, Spectrum has the right to implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any third party who accesses the Customer Equipment and the Spectrum Network, including without limitation authentication or other security access procedures. Spectrum may suspend any affected Services if Spectrum discovers or becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, Spectrum Equipment, or connection to the Spectrum Network. (c) Equipment Return, Retrieval, Repair, and Replacement. Immediately upon termination of this Service Agreement or Service Order(s) (“Termination”): (i) at the discretion of Spectrum, Customer shall return, or allow Spectrum to retrieve, the Spectrum Equipment in the condition in which the Spectrum Equipment was received, subject to ordinary wear and tear; and (ii) promptly cease all use of and return, if applicable, to Spectrum any software or software services provided by Spectrum (“Software”). Enterprise Long Form v.190426 CONFIDENTIAL Page 3 of 26 ©2016-19 Charter Communications. All Rights Reserved. Failure of Customer to return or allow Spectrum to retrieve the Spectrum Equipment within fifteen (15) days after Services are terminated will result in a charge to Customer’s account equal to either Spectrum’s applicable unreturned equipment charge or the retail cost of replacement of the unreturned Spectrum Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged Spectrum Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material or workmanship defects, together with any costs incurred by Spectrum in obtaining or attempting to regain possession of Spectrum Equipment. 7. STANDARD PAYMENT TERMS. Customer shall pay recurring and non-recurring charges, taxes, and fees for the Services in the amount specified on the Service Order and other applicable charges as described in this Service Agreement (collectively, “Service Charges”). (a) Charges. Spectrum invoices for monthly recurring charges specific to the Service(s) (“MRCs”), plus applicable taxes, fees, and surcharges, in advance on a monthly basis. Spectrum invoices for non-recurring, one-time charges (“OTCs”) for construction or installation charges after the Billing Start Date or as specified in the Service Order. All other charges, including usage-based charges (e.g., phone usage, pay-per view charges), will be invoiced monthly in arrears. Service Charges are payable within thirty (30) days after the date appearing on the invoice. If Spectrum fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms. Spectrum shall have the right to increase MRCs for each Service after the Initial Order Term for such Service upon thirty (30) days’ notice to Customer. (b) Taxes, Surcharges, and Fees. Customer shall pay all applicable taxes, fees, or surcharges imposed on or in connection with the Services that are the subject of this Service Agreement, including but not limited to applicable federal, state, and local sales, use, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other state or local governmental charges or regulatory fees, excluding income taxes measured on Spectrum’s net income. If a Customer wishes to claim tax-exempt status, then Customer must supply Spectrum with a copy of Customer’s tax exemption certificate or other documentation supporting Customer’s certification of its entitlement to such exempt status within fifteen (15) days of installation of applicable Services. If Customer supplies such documentation after that time, Spectrum will apply it to Customer’s account on a prospective basis, allowing Spectrum at least thirty (30) days for processing. To the extent such documentation is held invalid for any reason, Customer agrees to pay or reimburse Spectrum for any tax or fee not collected or liability incurred, including without limitation related interest and penalties arising from Spectrum’s reliance on such invalid certificate or documentation. Customer hereby consents that Spectrum may disclose such written documentation, which may include a tax exemption form, to any governmental authority. Tax- exempt status shall not relieve Customer of its obligation to pay applicable franchise fees or other non-tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing of Customer. Spectrum reserves the right, from time to time, to change the surcharges for Services under this Service Agreement to reflect incurred costs, charges, or obligations imposed on Spectrum to the extent permitted, required, or otherwise not prohibited under applicable law (e.g., universal service fund charges). Furthermore, Spectrum shall have the right to collect or recover from Customer the amount of any state or local fees or taxes arising as a result of this Service Agreement, which are imposed on Spectrum or its services, or otherwise assessed or calculated based on Spectrum’s receipts from Customer that Spectrum is entitled under applicable law to pass through to or otherwise charge Customer for Customer’s use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer’s invoice. To the extent that a dispute arises under this Service Agreement as to which Party is liable for fees or taxes, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon Spectrum’s net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on Spectrum’s net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability or regulatory classification of some of the Services Spectrum provides and, consequently, uncertainty about what fees, taxes and surcharges are due to or from Spectrum or from its customers. Customer agrees that Spectrum has the right to determine, in its sole discretion, what fees, taxes, and surcharges are due and to collect and remit them to the relevant governmental authorities, or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding Spectrum’s collection or remittance of such fees, taxes, and surcharges. (c) Change Requests. Any charges associated with Service and Spectrum Equipment or Customer Equipment installations, changes, or additions requested by Customer subsequent to executing a Service Order for the applicable Service Location are the sole financial responsibility of Customer. Spectrum shall notify Customer of any additional OTCs and/or adjustments to MRCs associated with or applicable to such Customer change requests prior to making any such change. Customer’s failure to accept such additional charges within five (5) business days of receiving such notice shall be deemed a rejection by Customer, and Spectrum shall not be liable to perform any work giving rise to such charges. For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MRCs either (i) in advance of implementation of the change request or (ii) beginning on Customer’s next and/or subsequent invoice(s). (d) Site Visits and Repairs. If Spectrum visits a Service Location to either inspect the Services or respond to a service request, and Spectrum reasonably determines that the cause of the service issue is not due to a problem arising from Spectrum’s Network or Spectrum Equipment, but rather is due to Customer misuse, abuse, or modification of the Services, Customer Equipment or facilities, or due to similar acts by a third party not under Spectrum’s control or direction, then Spectrum may invoice Customer at Spectrum’s then-prevailing commercial rates for an on-site visit, plus any charges for Spectrum Equipment repair or replacement as a result of Customer or third party damage that may be necessary. Enterprise Long Form v.190426 CONFIDENTIAL Page 4 of 26 ©2016-19 Charter Communications. All Rights Reserved. (e) Invoicing Disputes; Late and Collection Fees. Customer must provide notice to Spectrum of any disputed charges within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must have and present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the MRC per month or the maximum amount permitted by law. If Services are suspended due to late payment, Spectrum may require that Customer pay all past due charges, a reconnect fee, and one or more MRCs in advance before reconnecting Services. Spectrum may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card charge-backs. Customer shall be responsible for all expenses, including reasonable attorney fees and collection costs, incurred by Spectrum in collecting any unpaid amounts due under this Service Agreement. (f) Credit Verification. Spectrum shall have the right to verify Customer’s credit standing at any time. Additionally, Spectrum may at any time require Customer to make a deposit and/or advance payment. The deposit requested will be in cash, the equivalent of cash, or a bank, credit card or account debit authorization and does not relieve Customer of the responsibility for the prompt payment of invoices when due. Spectrum may deduct amounts from the deposit, bill any bank or credit card provided, or utilize any other means of payment available to Spectrum, for past due amounts. (g) Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one Spectrum Service (“Bundle”), then the following conditions shall apply: i. In consideration for Customer’s purchase of all Services in the Bundle, and only with respect to that period of time during which Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount to the Services in such Bundle, ordered pursuant to the Spectrum program governing such Bundle, will be reflected in the MRC for the respective Services. ii. Upon Termination by Customer, for any reason other than a Spectrum Default, of any Service component of the applicable Bundle, the pricing for the remaining Service(s) shall revert to Spectrum’s unbundled pricing for such Service(s) in effect at the time of Termination. Termination liability applicable to the Services under this Service Agreement shall otherwise remain unchanged. 8. ADMINISTRATIVE WEB SITE. Spectrum may, at its sole option, make one or more administrative web sites, including without limitation www.spectrum.net, available to Customer in connection with Customer’s use of the Services (each an “Administrative Web Site”). Spectrum may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Web Site and Customer must promptly change any Spectrum-provided user identifications and passwords to a secure, Customer-designated user identification and password. Customer shall be responsible for the confidentiality and use of such user identifications and passwords, whether provided by Spectrum or designated by Customer, and any equipment or devices used to access any Administrative Web Site, and shall immediately notify Spectrum if there has been an unauthorized release, use, or other compromise of any user identification or password. In addition, Customer agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the Administrative Web Site. Customer shall be solely responsible for all use of the Administrative Web Site. Spectrum shall not be liable for any loss, cost, expense, or other liability arising out of any Customer use of the Administrative Web Site. Spectrum may change or discontinue the Administrative Web Site, or Customer’s right to use the Administrative Web Site, at any time. Any additional terms and policies applicable to Customer’s use of the Administrative Web Site will be posted on the site. 9. SUPPORT. Spectrum shall provide contact information for inquiries and remote problem support for the Services. All such Customer support shall be provided only to Customer’s designated personnel or as mutually agreed upon by Spectrum and Customer. Customer is responsible for all communications and support for its End Users. Customer shall provide routine operational support for Spectrum Equipment located at a Service Location, including without limitation, by performing reboots as requested by Spectrum. Customer is responsible for the installation, repair, and use of Customer Equipment, including without limitation, Customer-supplied third-party hardware, or software for the use of Spectrum Service or third party services. Spectrum does not support third-party hardware or software used in conjunction with third-party services or supplied by Customer. Any questions concerning third-party hardware or software should be directed to the provider of that product. Spectrum assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third-party software, or any Customer Equipment or Customer-supplied software with the Services. If such third-party equipment or software impairs the Services, Customer shall continue to pay all applicable Service Charges. If, at Customer’s request, Spectrum should attempt to resolve difficulties caused by such third-party equipment or software, such efforts shall be performed at Spectrum’s discretion and subject to Service Charges as set forth in Section 7(d). 10. CUSTOMER REPRESENTATIONS AND OBLIGATIONS (a) Representations. Customer represents and warrants to Spectrum that: (i) Customer has the authority to execute, deliver and carry out the terms of this Service Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use the Service and Network for Customer’s internal business purposes and will comply with the terms of this Service Agreement. (b) No Reselling. Customer shall not re-sell or re-distribute (whether for a fee or otherwise) access to the Service(s) or system capacity, or any part thereof, in any manner other than for Customer’s internal business without the express prior consent of Spectrum, including without limitation, any use to provide services for the benefit of, or on behalf of, any third party other than Customer or its End Users. Enterprise Long Form v.190426 CONFIDENTIAL Page 5 of 26 ©2016-19 Charter Communications. All Rights Reserved. (c) No Illegal Purpose or Unauthorized Access. Customer shall not use or permit End Users or third parties to use the Service(s), including the Spectrum Equipment and Software, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. (d) No Interference. Customer shall not interfere with or cause technical difficulties for other customers’ use of equipment or Services or interfere with or disrupt the Spectrum Network, backbone, nodes or other Services. Customer shall not install any equipment, including without limitation, any antenna or signal amplification system, at the Service Location that interferes with the Services. (e) Applicable Laws. With respect to Customer’s and End Users’ use of the Service (including the transmission or use of any content via the Service), Customer shall comply, and shall ensure that its End Users comply, with all applicable laws and regulations in addition to the terms of this Service Agreement. Spectrum shall have the right to audit Customer's use of the Service remotely or otherwise, to ensure compliance with this Service Agreement. (f) Acceptable Use. As between the Parties, Customer is solely responsible for (i) all use (whether or not authorized) of the Service by Customer, any End User or any unauthorized person or entity, which use shall be deemed Customer’s use for purposes of this Service Agreement, (ii) all content that is viewed, stored or transmitted via the Service, as applicable, and (iii) all third-party charges incurred for merchandise and services accessed via the Service, if any. Customer shall not use, or allow the Services to be used, in any manner that would violate the applicable Spectrum Acceptable Use Policies or that would cause, or be likely to cause, Spectrum to qualify as a “Covered 911 Service Provider” as defined in 47 C.F.R. §12.4 or any successor provision of the rules of the Federal Communication Commission. For avoidance of doubt, Customer and Spectrum agree that any failure to satisfy the covenants set forth in the preceding sentence shall constitute a material breach of the Service Agreement. 11. PERFORMANCE. Unless otherwise set forth in an Attachment or service level agreement, Spectrum will use commercially reasonable efforts to provide the Services to Customer twenty-four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time-to-time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Spectrum’s reasonable control. Temporary service interruptions or outages for such reasons, as well as service interruptions or outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Spectrum to perform its obligations under this Service Agreement. 12. MONITORING, EQUIPMENT UPGRADES AND NETWORK MODIFICATIONS. Spectrum has the right, but not the obligation, to upgrade, modify, and enhance the Spectrum Network and the Service and take any action that Spectrum deems appropriate to protect or improve the Service and its facilities. Spectrum shall have the right, but not the obligation, to monitor, record, and maintain oral communications with Customer regarding Customer’s account or Services for the purpose of service quality assurance, or as permitted under applicable law. 13. DEFAULT, SUSPENSION OF SERVICE, AND TERMINATION. (a) Default. A Party shall be in default under this Service Agreement if it has failed to comply with the terms of this Service Agreement or any of all of the applicable Service Orders, including without limitation the obligation to pay any amounts due, and such Party fails to correct each such noncompliance within thirty (30) days of receipt of notice from the non-defaulting Party describing in reasonable detail the default or noncompliance (“Default”). (b) Mutual Termination Rights. Either Party may terminate this Service Agreement or a Service Order if: (i) the other Party is in Default; or (ii) the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debts, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading exchange. (c) Termination for Convenience by Customer. Notwithstanding any other term or provision in this Service Agreement, Customer may terminate a Service Order, or this Service Agreement, at any time upon thirty (30) days prior notice to Spectrum, subject to payment of all outstanding amounts due, payment of any applicable Termination Charges (as defined below), and the return of any Spectrum Equipment. (d) Spectrum’s Right to Suspend. Spectrum shall have the right, at its option, without prior notice, and in addition to any other rights of Spectrum expressly set forth in this Service Agreement and any other remedies it may have under applicable law to suspend Services if Customer fails to comply with any applicable laws or regulations or this Service Agreement, or if Customer or its End Users’ use of the Service is determined by Spectrum, in its sole discretion, to result in a material degradation of the Spectrum Network until Customer remedies any such noncompliance or degradation. Any suspension shall not affect Customer’s on-going obligation to pay Spectrum any amounts due under this Service Agreement. If Spectrum suspends any Service, Spectrum may require the payment of reconnect or other charges before restarting the suspended Service. (e) Termination Charges. Upon Termination, Customer must pay all Services Charges then due for Services provided through the effective date of Termination. In addition, if Termination is due to Customer Default or for Customer’s convenience, Customer must pay Spectrum a termination charge (a “Termination Charge”), which the Parties recognize as liquidated damages and not as a penalty. This Termination Charge shall be equal to 100% of the unpaid balance of all Service Charges that would have been due throughout the applicable Order Term, including, without limitation, the outstanding balance of any and all unpaid OTCs. The foregoing terms will also apply to any partial Termination impacting one or more Service Orders, but not the entire Service Agreement. (f) Survival. The provisions of sections 6(c), 7(b), 7(e), 13(e), 13(f), 14, 15, 18-22 and the Attachments shall survive the termination or expiration of the Service Agreement. Enterprise Long Form v.190426 CONFIDENTIAL Page 6 of 26 ©2016-19 Charter Communications. All Rights Reserved. 14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. (a) DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND SPECTRUM EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT AND CUSTOMER’S NETWORK. SPECTRUM EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND SPECTRUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, THE SERVICE, SPECTRUM EQUIPMENT, AND ANY SPECTRUM MATERIALS ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SPECTRUM, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. SPECTRUM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE SERVICE AGREEMENT, SPECTRUM DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY SPECTRUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY END USER’S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT. (b) LIMITATION OF LIABILITY. WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICE AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS SERVICE AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM’S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE ORDER SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE APPLICABLE SERVICE ORDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SPECTRUM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES, OR SERVICES. 15. INDEMNIFICATION. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Spectrum, its affiliates, service providers, and suppliers, and their directors, employees, representatives, officers and agents (the “Indemnified Parties”) against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Indemnified Parties, to the full extent that such arise from or relate to any one or more of the following: (a) Customer’s use or misuse of the Service, (b) Customer’s failure to comply with any applicable law, order, rule, regulation or ordinance or this Service Agreement, (c) Personal injury or tangible property damage caused by Customer’s or its employees’ or agents’ negligence or willful misconduct. Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim. Spectrum Indemnification. Spectrum shall indemnify and defend the Customer and its boards, officers, agents and employees, from and against third party claims, liabilities, damages and expenses, including reasonable attorneys’ and other professionals’ fees, for bodily injury or tangible property damage directly caused by the gross negligence or willful misconduct of Spectrum, its employees or contractors, at the site(s) as a direct result from Spectrum’s installation, removal or maintenance at Customer’s Service locations of the Spectrum Equipment. Nothing herein shall be deemed a waiver by Customer of the applicable provisions of §768.28, Florida Statutes. Enterprise Long Form v.190426 CONFIDENTIAL Page 7 of 26 ©2016-19 Charter Communications. All Rights Reserved. 16. COMPLIANCE WITH LAWS. As between the Parties, Spectrum shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Spectrum’s operation and provision of the Services as contemplated in the Service Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Customer’s use of the Services as contemplated in the Service Agreement. Unless specified otherwise in the Service Agreement, each Party shall give all notices, pay all fees and comply with all applicable laws, ordinances, rules and regulations relating to its performance obligations specified in the Service Agreement. The Service Agreement is subject to all applicable federal, state, or local laws and regulations in effect in the relevant jurisdiction(s) in which Spectrum provides the Services. If any provision of the Service Agreement contravenes or is in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Service Agreement. If the relevant law or regulation applies to some but not all of the Services being provided under the Service Agreement, then such law or regulation shall take priority over the relevant provision of the Service Agreement only for purposes of those Services to which the law or regulation applies. Except as explicitly stated in the Service Agreement, nothing contained in the Service Agreement shall constitute a waiver by Spectrum of any rights under applicable laws or regulations pertaining to the installation, construction, operation, maintenance, or removal of the Services, facilities or equipment. 17. REGULATORY CHANGES. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi-government-imposed fees or charges that increases the costs or other terms of Spectrum’s delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by Spectrum in providing the Service, Customer acknowledges and agrees that Spectrum may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase. Spectrum shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of the increase. In such case, and if such increase materially increases the Service Charges payable by Customer under the Service Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service without an obligation to pay Termination Charges, provided Customer notifies Spectrum at least thirty (30) days in advance of Customer’s requested termination date. Further, in the event that Spectrum is required to file tariffs, rate schedules, or price guides with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, then the terms set forth in the applicable tariff, rate schedule, or price guide shall govern Spectrum’s delivery of, and Customer’s use or consumption of the Service. In addition, if Spectrum determines that offering or providing the Service, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then Spectrum may terminate the Service Agreement and any affected Service Orders without liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such determination. 18. ARBITRATION. This Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. Subject to the “Exclusions” paragraph below, Spectrum and Customer agree to arbitrate disputes and claims arising out of or relating to this Service Agreement, the Services, the Spectrum Equipment, Network, or marketing of the Services. Notwithstanding the foregoing, either Party may bring an individual action on any matter or subject in small claims court. The arbitrator of any dispute or claim brought under or in connection with this Service Agreement shall not have the power to award injunctive relief, which may only be sought in an appropriate court of law. No claim subject to arbitration under this Service Agreement may be combined with a claim subject to resolution before a court of law. THIS SERVICE AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS. (a) A Party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Spectrum should be addressed to: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 (“Arbitration Notice Address”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the Parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Customer or Spectrum may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Service Agreement. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Service Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. (b) EACH PARTY SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES THAT SUCH PARTY INCURS INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW. If the arbitrator’s award exceeds $75,000, either Party may appeal such award to a three- arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within thirty (30) days after the date of entry of the arbitration award. The appealing Party must provide the other Party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within one hundred twenty (120) days of the date of the appealing Party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The Parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules. Unless Spectrum and Customer agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the Borough of Manhattan, City of New York. Enterprise Long Form v.190426 CONFIDENTIAL Page 8 of 26 ©2016-19 Charter Communications. All Rights Reserved. (c) CUSTOMER AGREES THAT, BY ENTERING INTO THIS SERVICE AGREEMENT, CUSTOMER AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. CUSTOMER AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both Customer and Spectrum agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue. (d) Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Service Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein. (e) EXCLUSIONS. CUSTOMER AND SPECTRUM AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION: i. ANY INDIVIDUAL ACTION BROUGHT BY CUSTOMER OR BY SPECTRUM ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS. ii. ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS. iii. ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE. 19. PROPRIETARY RIGHTS AND CONFIDENTIALITY. (a) Spectrum’s Proprietary Rights. All materials including, but not limited to, any Spectrum Equipment (including related firmware), software, data and information provided by Spectrum, any identifiers or passwords used to access the Service or otherwise provided by Spectrum, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, any other proprietary rights inherent therein and appurtenant thereto, used by Spectrum to provide the Service (collectively “Spectrum Materials”) shall remain the sole and exclusive property of Spectrum or its suppliers and shall not become a fixture to the Service Location. Customer shall acquire no title to, interest or right (including intellectual property rights) in the Spectrum Materials by virtue of the payments provided for herein other than the limited, non-exclusive, and non-transferable license to use the Spectrum Materials solely for Customer's use of the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the Spectrum Materials, in whole or in part, or use them for the benefit of any third party. Customer shall not cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Services. All rights in the Spectrum Materials not expressly granted to Customer herein are reserved to Spectrum or its suppliers. Customer shall not open, alter, misuse, tamper with, or remove the Spectrum Equipment or Spectrum Materials as and where installed by Spectrum, and shall not remove any markings or labels from the Spectrum Equipment or Spectrum Materials indicating Spectrum (or its suppliers) ownership or serial numbers. (b) Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the Spectrum Materials and any other information and materials provided by Spectrum in connection with this Service Agreement, including but not limited to the contents of this Service Agreement and any Service Orders. Customer may not issue a press release, public announcement or other public statements regarding the Service Agreement without Spectrum’s prior consent. (c) Software. If Software is provided to Customer hereunder, Spectrum grants Customer a limited, non-exclusive, and non-transferable license to use such Software, in object code form only, for the sole and limited purpose of using the Services for Customer’s internal business purposes during the Term. Customer shall not copy, reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any Software. Upon termination of a Service Order, the license to use any Software provided by Spectrum to Customer in connection with the Services provided under the Service Order shall terminate and Customer shall destroy any copies of the Software provided to Customer. 20. PRIVACY. Spectrum also maintains a Privacy Policy with respect to the Services in order to protect the privacy of its customers. The Privacy Policy may be found on Spectrum’s website at https://enterprise.spectrum.com/. The Privacy Policy may be updated or modified from time-to-time by Spectrum, with or without notice to Customer. Customer’s privacy interests, including Customer’s ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act, the Federal Cable Communications Act, the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in an Attachment, the Privacy Policy, and, if applicable, in Spectrum’s tariff, which are incorporated into, and made a part of, this Service Agreement by this reference. In addition to the foregoing, Customer hereby acknowledges and agrees that Spectrum may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers or any similar agency, or in accordance with the Privacy Policy or, if applicable, tariff(s). In addition, Spectrum shall have the right (except where prohibited by law), but not the obligation, to disclose any information to protect its rights, property or operations, or where circumstances suggest that individual or public safety is in peril. Enterprise Long Form v.190426 CONFIDENTIAL Page 9 of 26 ©2016-19 Charter Communications. All Rights Reserved. 21. NOTICES. Any notices or consents to be given under this Service Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses: If to Spectrum: Charter Communications Operating, LLC ATTN: Commercial Contracts Management Corporate - Legal Operations 12405 Powerscourt Drive St. Louis, MO 63131 Notices to Customer shall be sent to the Customer billing address or as set forth in the Service Agreement. Each Party may change its respective address(es) for legal notice by providing notice to the other Party. Upon Spectrum’s request, Customer will also provide Spectrum with a current email address that Customer regularly checks so that Spectrum may provide copies of notices and other communications to Customer by email. 22. MISCELLANEOUS. (a) Entire Agreement. This Service Agreement, including without limitation all Attachments, incorporated documents and any executed Service Orders constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof. This Service Agreement supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing by or on behalf of the Parties with respect to the subject matter of this Service Agreement, including without limitation any prior confidentiality or non- disclosure agreement between the Parties regarding the purchase and sale of Spectrum Services. Spectrum may change or modify the Terms of Service at any time by posting revised Terms of Service to the Spectrum website at https://enterprise.spectrum.com/ or such other URL as Spectrum may specify from time to time (the “Spectrum Website”). The revisions to the Terms of Service are effective upon posting to the Spectrum Website. Customer may receive notice of any revisions to the Terms of Service by email or in the next applicable invoice. Customer shall have thirty (30) calendar days from the date of the notice to provide Spectrum with written notice that the revisions to the Terms of Service materially and adversely affect Customer’s use of the Services. If after notice Spectrum is able to verify such material adverse effect, but is unable to reasonably mitigate the impact on such Services, then Customer may terminate the impacted Services and Service Order(s) without further obligation to Spectrum beyond the termination date, including Termination Charges, if any, as it’s sole and exclusive remedy. Customer should also consult Spectrum’s website https://enterprise.spectrum.com/ to be sure Customer is aware of Spectrum’s Acceptable Use Policies, Network Management Practices, applicable tariffs and price guides, and other policies or practices that are applicable to Customer’s use of the Services (collectively “Policies”). Customer’s use of the Services shall be deemed acknowledgment that Customer has read and agreed to Spectrum’s Policies as a part of this Service Agreement. (b) Signatures; Electronic Transactions. This Service Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile or other electronic copy will have the same force and effect as execution of an original, and a facsimile or electronic signature will be deemed an original and valid signature. The Parties agree to conduct business using electronic means including using electronic records and electronic signatures, except as provided with respect to notices in Section 21. (c) Order of Precedence. Each Service shall be provisioned pursuant to the terms and conditions of this Service Agreement. In the event that Spectrum permits Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the terms of the Service Agreement or any Service Order are inconsistent with the terms of any applicable tariff, the tariff shall control. To the extent that the terms of any Service Order are inconsistent with the terms of these Terms of Service, the Terms of Service shall control, excluding pricing discounts, nonrecurring fees, or order fulfillment timing terms to the extent permissible under applicable law set forth in the Service Order that shall control. (d) No Assignment or Transfer. Customer may not assign or transfer (directly or indirectly by any means, including by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining consent from Spectrum, and any assignment or transfer in violation of this Section shall be null and void. Spectrum may assign its rights and obligations under this Service Agreement, in whole or in part, and any Service Order(s) to affiliates controlling, controlled by or under common control with Spectrum, or to its successor-in-interest if Spectrum sells some or all of the underlying communications system(s) without the prior approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of Spectrum in the Service Agreement may accrue to, or be fulfilled by, any affiliate, as well as by Spectrum or its subcontractors. (e) Severability. If any term, covenant, condition or portion of this Service Agreement shall, to any extent, is held to be invalid or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law as nearly as possible to reflect the original intentions of the Parties. (f) Force Majeure. Notwithstanding anything to the contrary in the Service Agreement, neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party’s control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, weather, fire, flood, natural causes, mechanical or power failures, fiber cuts, governmental acts or any order, law or ordinance in any way restricting the operation of the Services (each a “Force Majeure Event”). Changes in economic, business, or competitive conditions shall not be considered a Force Majeure Event. Enterprise Long Form v.190426 CONFIDENTIAL Page 10 of 26 ©2016-19 Charter Communications. All Rights Reserved. (g) Governing Law; Claims Limitation; Waiver of Jury Trial. The law of the state of New York shall govern the construction, interpretation, and performance of this Service Agreement, except that any conflicts-of-law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded. Any legal action brought under or in connection with the subject matter of the Service Agreement shall be brought only in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Service Agreement in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Service Agreement in the Federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum. Any claim that Customer wishes to assert under the Service Agreement must be initiated not later than one (1) year after the claim arose. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS SERVICE AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND SPECTRUM EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY. (h) No Third Party Beneficiaries. The terms of this Service Agreement and the Parties’ respective performance of obligations as described are not intended to benefit any person or entity not a Party to this Service Agreement, and the consideration provided by each Party hereunder only runs to the respective Parties, and that no person or entity not a Party to this Service Agreement shall have any rights hereunder nor the right to require performance of obligations by either of the Parties. (i) Waiver. Except as otherwise provided herein, the failure of Spectrum to enforce any provision of this Service Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on Spectrum, any waiver must be in writing. (j) Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Service Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies. Enterprise Long Form v.190426 CONFIDENTIAL Page 11 of 26 ©2016-19 Charter Communications. All Rights Reserved. Attachment A Spectrum Business TV and Enterprise TV Service (collectively, “TV Service”) Spectrum Business TV Service: Spectrum Business TV Service includes television programming services, including the package of channels and music programming as designated in a Service Order. Customer must notify Spectrum if Customer’s use of the Service will be for private or public viewing. If specified in the Service Order, Spectrum will provide to private-view Customers premium programming such as HBO, Showtime, TMC, Cinemax, STARZ, Encore, or Epix, or Customer premise equipment such as DVRs (collectively, “Premium Services”). Spectrum Enterprise TV Service: Spectrum Enterprise shall provide the customized multi-channel video programming service (“Enterprise TV Service”) to Customer’s Service Location(s) identified in a Service Order. Enterprise TV Service includes Government TV, Healthcare TV, Hospitality TV, and Education/University TV. Enterprise TV Service includes the channel line-up and those premium and other pay-per-view, video-on-demand, or any visual content as mutually agreed upon in the Service Order. If specified in the Service Order, Spectrum will provide Premium Services to Customer. 1. Music Programming. Customer is responsible for and must secure any music rights and/or pay applicable fees required by the American Society of Composers, Authors & Publishers, Broadcast Music, Inc., and SESAC, Inc. or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate relating to Customer's transmission, retransmission, communication, distribution, performance or other use of the Services. Customer shall not, and shall not authorize or permit any other person to, do any of the following unless Customer has obtained a then-current music license permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the TV Service is being displayed or are to be displayed; or (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the TV Service. 2. Spectrum Equipment. Spectrum owns and shall at all times have the exclusive right to access, control, maintain, upgrade, use and operate its TV Service, Network, and Spectrum Equipment, except for (i) any video display terminals (“Connections”) or inside wiring owned and maintained by Customer or a third party, and (ii) any conduit, risers, raceways or other spaces where the Network or Spectrum Equipment is located that are owned by Customer or a third party, in which case (as between Customer and Spectrum) Customer shall own such items and Customer hereby grants to Spectrum the non-exclusive right to access and use such space during the Order Term as provided in the Service Agreement. The inside wiring and Connections shall be provided and installed by Customer, at its sole expense, in consultation with Spectrum and any specifications provided by Spectrum to Customer in writing. Spectrum shall not be responsible for an outage that may be due to a fault or failure with respect to any inside wiring, Connections or any systems, equipment or facilities of Customer or any third party, including but not limited to, instances where such outage is due to the Customer’s failure to promptly provide Spectrum with access to the Service Location to inspect, monitor, repair, and/or replace the TV Service or Spectrum Equipment. If changes in technology require the use of specialized equipment to continue to receive Spectrum Business TV Service, Spectrum shall provide such Spectrum Equipment, and Customer shall pay for such Spectrum Equipment at the same rate charged by Spectrum to commercial customers in the same service area as the Service Location. 3. Provision of Service. Spectrum may, in its discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of the advertised programming comprising, packaging of, channel line-ups applicable to, and/or distribution of its TV Service. Spectrum may make certain TV Service available via mobile applications or third party hardware to Customer and its End Users, which may be subject to additional terms and conditions. 4. Restrictions. Customer shall take all necessary precautions to ensure that the TV Service is received only by authorized parties, and that no part of the TV Service is received at any other location, including but not limited to locations where an admission fee, cover charge, minimum or like sum is charged. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the TV Service (or any part thereof); (ii) transmit the TV Service by any television or radio broadcast or by any other means or use the TV Service outside the Service Location; (iii) move the TV Service to another location after installation; or (iv) insert any commercial announcements into the TV Service or interrupt any performance of the TV Service for the making of any commercial announcements. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and/or civil liability and damages under applicable copyright and/or trademark laws. TV Service is available for use at commercial establishments and other non-residential buildings (such as a bar, restaurant, hospital, or commercial building). In commercial establishments with public viewing, only the TV Service lineup(s) that is approved for public viewing may be used. Customer may not order or request pay-per-view (PPV) programming for receipt, exhibition or taping in a commercial establishment; or exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Spectrum’s prior written consent. Enterprise Long Form v.190426 CONFIDENTIAL Page 12 of 26 ©2016-19 Charter Communications. All Rights Reserved. 5. Service Inspection. Customer shall permit Spectrum reasonable access to the Service Locations to inspect the Service Location at periodic intervals as needed to ascertain, among other things, the number of television outlets receiving the TV Service, or verify the estimated viewing occupancy. If any Spectrum inspection reveals that Customer's usage of the TV Service exceeds Customer's rights under the Service Agreement or Service Order and without abrogating or otherwise affecting Spectrum’s right to consider such activity a breach of the Service Agreement, Customer shall pay Spectrum an amount equal to one and a half times the MRCs that would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable MRCs for such additional usage or Spectrum may, in its discretion, suspend or disconnect a TV Service. 6. Noninterference. Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of the TV Service, which are transmitted over any of the channels provided hereunder without the prior written consent of Spectrum. Under no circumstances shall Customer have any right to encode, alter, reformat, delete or otherwise modify the TV Service, including without limitation delivery method and any programming contained within the TV Service, without the express written consent of Spectrum. The limitations of this paragraph shall not apply to formatting of programming for Enterprise TV Service as agreed by Spectrum and Customer. 7. Charges. Notwithstanding anything to the contrary in the Service Agreement, the MRCs set forth in a Service Order for TV Service: (i) do not include applicable taxes, regulatory fees, franchise fees or public access fees; and (ii) are subject to change in accordance with commercial rate increases applied to commercial customers. Customer’s use of the Enterprise TV Service is subject to the following additional terms and conditions: 8. End User Support. Customer shall provide all first level contact and support to its authorized users relating to the Network, Spectrum Equipment, Connections, Customer-provided equipment, and Enterprise TV Service. In the event of any disruption, failure, or degradation of the Enterprise TV Service lasting for twenty-four (24) consecutive hours or more, Customer shall use all reasonable efforts to diagnose the cause of the Enterprise TV Service impacting event. If the Enterprise TV Service impacting event is reasonably determined to be caused by the signal delivered by Spectrum, Customer shall contact the designated Spectrum technical support contact for resolution. 9. Set Back Box. Customer’s use of the Set Back Box Product (“SBB”) available as part of the Enterprise TV Service (the “SBB Offering”) is subject to the following additional terms and conditions: A. Notwithstanding Section 2 above, Spectrum shall install and program all Connections for the SBB Offering. Customer shall ensure the availability of Connections that are compatible with the SBB Offering including, without limitation, the provision and use of appropriate tuners and Connections having HDTV compatibility. B. If Customer desires for the front desk portal and the TV user interface associated with the SBB Offering to be co-branded (with Spectrum’s and Customer’s brands), then Customer shall provide Spectrum Enterprise a copy of Customer’s logo in accordance with Spectrum’s technical specifications and hereby grants Spectrum a right and license to use such logo for purposes of such co-branding. 10. SpectrumU Service. SpectrumU is an online video service accessible via an Internet browser or through a mobile device application (the “SpectrumU TV App”) that permits authorized users to stream video content over-the-top while connected to Customer’s Wi-Fi network (the “SpectrumU Service”). A. Customer is not required to purchase Internet or Wi-Fi service from Spectrum in order to purchase or use the SpectrumU Service. Many factors affect the quality of service experienced by Customer and its authorized users, including without limitation, the quality of the Internet and Wi-Fi service provided by Customer, events impacting the Customer’s Wi-Fi network such as network service attacks, and the authorized user’s device. B. Customer acknowledges that Spectrum requires Customer’s authorized users to accept separate end user license terms when downloading the SpectrumU TV App. C. Spectrum may require that authorized users update the SpectrumU TV App from time-to-time in order to continue to use the SpectrumU Service via the SpectrumU TV App. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 13 of 26 Attachment B Spectrum Business Voice Service, PRI/SIP Trunking Service (collectively “Voice Services”) Spectrum Hosted Voice, Hosted Voice for Hospitality, Hosted Call Center, and Unified Communications (collectively, “Hosted Communications Services”) DESCRIPTION OF SERVICES: Voice Services: Spectrum Business Voice Service: If Customer selects to receive Spectrum Business Voice Service, Customer will receive voice service consisting of one or more lines or connections and a variety of features, as described more fully in the applicable Service Order and price guide. SIP Trunking Service: If Customer selects to receive the SIP Trunking Service, Customer will receive voice and call processing services via eight or more concurrent call paths using a Session Initiation Protocol (“SIP”) connection to the Customer’s private branch exchange (including any non-Spectrum switch, collectively, “PBX”) or other Customer Equipment, and a variety of features, as described more fully in the applicable Service Order. PRI Service: If Customer selects to receive PRI Service, Customer will receive voice and call processing services via a full (23B+1D channel) or fractional (12B+1D channel) Primary Rate Interface (“PRI”) connection to Customer’s PBX or other Customer Equipment, and a variety of features, as described more fully in the applicable Service Order. Analog Lines Over Fiber Service: If Customer selects to receive Analog Lines over Fiber Service, Customer will receive voice and call processing services via an analog connection to the Customer’s PBX that is equipped with an analog line card interface or other analog line based Customer Equipment like a fax machine. A variety of features, including line hunting, are offered, as described more fully in the applicable Service Order. Toll-Free Service for Spectrum Trunking: If Customer selects to receive Spectrum Toll-Free Service for use with trunking service, Customer will receive voice service consisting of one or more toll-free numbers and access to a variety of optional screening and routing features including:  Origination Screening: Allows or disallows an originating call made to a single toll-free number based on the originating Number Plan Area (NPA) and/or prefix (NXX) of the caller.  Origination Routing: Routes an originating call made to a single toll-free number to a pre-determined Direct Inward Dialing (DID) number location based on the originating NPA and/or NXX of the caller.  Schedule-Based Routing: Routes an originating call made to a single toll-free number to a pre-determined DID number location based on the time of day, day of week or day of year.  Percentage Call Allocation: Routes an originating call made to a single toll-free number to any of two or more pre- determined DID number locations based on the Customer’s allocated traffic percentage between the DID number locations.  Toll-Free Dialed Number Identification Service (DNIS): Provides the original called toll-free number to the terminating location, if the toll-free number/call is terminated to the Spectrum trunking service. Note: Spectrum Toll-Free Service must terminate to a Spectrum trunking service. Not all Toll-Free Service features may be available in all areas. E911 Location Plus: If Customer selects to receive Spectrum E911 Location Plus for use with trunking service, Customer may add or manage station level address information (for example, floor, suite, or office number) for telephone numbers at a Service Location for Customer’s E911 address records through use of the E911 Location Plus self-service web portal. E911 Location Plus may be used by a Customer operating its own multi-line telephone system in an office or apartment building, or other similar building environment, that wishes to provide location information for its station level telephone numbers. Spectrum Hosted Communications Services: Spectrum Hosted Voice Service: If Customer selects to receive Hosted Voice Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of feature s, and (iii) voice service technical assistance. Spectrum Hosted Voice for Hospitality Service: If Customer selects to receive Hosted Voice for Hospitality Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance. Customer may also receive Property Management System integration and other services, including a variety of features, as described more fully in the applicable Service Order. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 14 of 26 Spectrum Hosted Call Center: If Customer selects to receive Spectrum Hosted Call Center Service; Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance, as described more fully in the applicable Service Order. Unified Communications Service: If Customer selects to receive Unified Communications Service features that are added onto a Spectrum Hosted Communications Service, Customer will receive a combination of (i) instant messaging and presence service, (ii) video calling service, (iii) desktop sharing service, and (iv) web collaboration service, as described more fully in the applicable Service Order. Unified Communications Services are available in personal computer and mobile phone or tablet application formats where features, functionalities, and capabilities will differ based on the device used to access the Unified Communications Service. Changes made to the features, functionalities, capabilities, or to the application user interface formats shall be in Spectrum’s sole discretion. COMMUNICATIONS SERVICES TERMS AND CONDITIONS: Customer’s use of the Voice Services and Hosted Communications Services (collectively, “Communications Service”) is subject to the following additional terms and conditions: 1. Availability of Facilities and Service Modifications: a. Services and associated products, facilities, equipment, features and functions will be available in accordance with the terms of this Attachment, where technically and operationally feasible. The quantity of business lines for each Service Location is dependent on the technical feasibility at that specific location. Additional construction and facilities may be required to provide requested Communications Services at Customer's expense. Customer must pay for any special construction prior to the activation of service and/or cancellation of contract. b. Spectrum is not obligated to provide Communications Services if Customer intends to or uses the Communications Services (i) to interfere with or impair any service over any facilities and associated Spectrum Equipment or impair the privacy of any communications over such facilities and associated Spectrum Equipment; (ii) to sell, res ell, sublease, assign, license, sublicense, share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture or as part of any outsourcing activity) the Communications Services or any component or combination thereof; or (iii) in any manner that results in non-standard calling patterns or practices, including but not limited to, use of the Communications Service for high-volume auto-dialing, continuous or extensive call forwarding, high- volume telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting for services with unlimited local and long distance calling plans, and PBX hacking or modem hijacking resulting in excessive usage of long distance service (collectively, “Prohibited Use”). In addition, Prohibited Use shall include augmentation of the Communications Service or Communications Service features, in any way as to change the functionality of the Communications Service or its component features in any manner that is inconsistent with standard commercial calling patterns and practices or the terms of this Service Agreement. Such non-standard calling patterns and practices include, but are not limited to, use of three-way calling, or call forwarding, that results in unusually high traffic volumes or excessive long distance usage. A non-standard calling pattern may also include, when Customer’s long distance calling minutes from (i) calls terminating to Alaska, (ii) calls terminating to Guam, (iii) calls terminating to a conference calling service operating in areas with high carrier access rates (e.g., rates that carriers pay one another for network use), or (iv) calls terminating to a chat line service, in the aggregate exceed ten percent (10%) of Customer’s total long distance minutes in any one-month billing cycle. c. Spectrum may, from time to time, offer additional Communications Service features or functionality, or discontinue certain Communications Service features or functionality. Information about these features or functions will be available at https://enterprise.spectrum.com or https://business.spectrum.com or in the applicable price guide at https://spectrum.com, under “Customer Disclosures.” These additional Communications Services, features, or functions may be subject to additional specific terms and conditions, and may be subject to change at any time by Spectrum. 2. Customer-Premise Equipment: Communications Services may require Customer-premise equipment. If required, Spectrum will supply such equipment for so long as Customer remains a Communications Service Customer. Depending on the Communications Service plan, there may be a monthly charge for the equipment. Upon termination of Communications Service for any reason, Customer shall return the Spectrum-supplied equipment within thirty (30) days or Customer will be charged an equipment fee equal to the fee charged by Spectrum at the time the equipment was supplied by Spectrum. An exception to this return policy is when the equipment is also supporting Internet service, in which case Customer may continue to use the equipment until such time as Internet is no longer provided or Spectrum requests a substitution of the equipment. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 15 of 26 3. Communications Service Limitations: a. Unavailable Services; Call Blocking and Fraud. Spectrum does not offer or provide certain operator-assisted services such as dial around services (10-10-XXX), pay services, and third-party billing. Spectrum blocks access to calls with 900 and 976 area codes and to international chat lines. In addition, Spectrum will initiate toll blocking if Customer’s excessive use of any toll has surpassed the threshold set by Spectrum and/or Customer’s account is delinquent. Notwithstanding any other provision of the Service Agreement or this Attachment, Spectrum may block calls which (i) are made to certain countries, cities, or central office exchanges, or (ii) use certain authorization codes, as Spectrum, in its sole discretion, deems reasonably necessary to prevent unlawful or fraudulent use of Communications Services. b. Service Outages. Communications Service modems are electrically powered and will not work in a power outage or if the required broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones and Services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 (“E911”) service and the use of Communications Service as the connection between a security system and central monitoring services. COMMUNICATIONS SERVICE DOES NOT HAVE ITS OWN POWER SUPPLY. IF THERE IS A POWER OUTAGE, OR IF THERE IS A DISRUPTION TO THE SPECTRUM NETWORK OR FACILITIES, COMMUNICATIONS SERVICE WILL NOT WORK. CUSTOMER ACKNOWLEDGES THAT IN SUCH CASES IT WILL NOT BE POSSIBLE TO PLACE OR RECEIVE CALLS INCLUDING CALLS TO ACCESS EMERGENCY 911 SERVICES. c. Security Systems and Alarm Systems. Although Spectrum will supply a connection (such as an analog line connection), that may allow the operation of Customer's existing security system, alarm system or other non -voice system (such as an elevator alarm line), Spectrum does not guarantee that any such system will be in complete operational order following the installation of Communications Service. As such, it is Customer’s obligation to contact its security, alarm or other system provider to inform them of the Communications Services installation, and any change in phone number, and to request a complete operational test of their system immediately following installation of the Communications Services. Spectrum does not provide power back up and is not responsible for the operation of any Customer security, alarm, or any other system in connection with Customer Equipment and, specifically, where the Customer Equipment does not have power backup (e.g., battery backup). In addition, it is Customer's responsibility to test its system on a regular basis. Spectrum does not represent that the Service is fail-safe. Customer is solely responsible for obtaining such testing, ensuring that such testing is completed in a timely manner, and confirming that the security system and any related Customer Equipment at the Service Location connected to the Communications Service operate properly. Customer is solely responsible for any and all costs associated with this activity. In all cases, it is Customer's responsibility to ensure that use of the Communications Service meets all applicable regulations. d. Prohibited Use: Spectrum prohibits the use of Communications Service as the connection between medical alert systems and a central monitoring station or a fire alarm, and Spectrum will neither connect to such services nor provide technical support for the connection. 4. Use of Services. Customer is solely responsible for: (i) prevention of Prohibited Use and unauthorized, unlawful, or fraudulent use of, or access to, Communications Services, which use or access is expressly prohibited; and (ii) administration and non- disclosure of any authorization codes provided by Spectrum to Customer. Spectrum may require Customer to immediately shut down its transmission of signals if Spectrum concludes, in its sole discretion, that such transmission is a Prohibited Use or causing interference to other customers or with other transmissions generally. a. Spectrum reserves the right (I) to refuse to provide, discontinue, or temporarily suspend Communications Services to or from a Service Location where the necessary facilities or equipment are not available under terms and conditions reasonably acceptable to Spectrum, or (ii) to limit or block Communications Services to and from any Service Location or the use of any authorization code, without any liability whatsoever, in the event that Spectrum detects or reasonably suspects either (a) Prohibited Use or fraudulent, or unlawful use of the Communications Services, or use of the Communications Service in violation of the Service Agreement or this Attachment, or (b) consumption of Communications Services in excess of the credit limit (if any). b. Customer is responsible for (i) securing its Customer Equipment against placement of fraudulent calls, and (ii) ensuring that Customer Equipment is not being used for any Prohibited Use or fraudulent use or access with Communications Services. Customer shall be responsible for payment of all applicable charges for Communications Services and charged to Customer’s accounts, even where those calls are originated by fraudulent means either from Customer’s Service Location or from remote locations. Spectrum is not liable for any damages, including toll usage charges, Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized use of Customer’s facilities includes, but is not limited to, the placement of calls from the Service Location, and the placement of calls through Customer Equipment that are transmitted or carried on Spectrum’s Network. Customer shall ensure that all uses by Customer, whether authorized by Customer or not, of the Spectrum Equipment or the Communications Services installed at the Service Location comply with all applicable laws, rules, regulations, and the Service Agreement (including this Attachment). Enterprise Long Form v.190426 CONFIDENTIAL Page 16 of 26 ©2016-19 Charter Communications. All Rights Reserved. c. Spectrum has the right to limit the Communications Service to reasonable quantities of minutes and messages used or consumed by Customer to prevent Prohibited Use and to maintain a high level of service for other Spectrum customers. 5. Access to Telecommunications Relay Communications Service: Telecommunications Relay Service (“TRS”) enables deaf, hard-of-hearing or speech-impaired persons who use a Text Telephone (“TT”) or Caption Telephone (collectively, “TDD”) or similar devices to communicate with the hearing population not using TDD. It also allows the hearing population not using a TT to communicate with deaf, hard-of-hearing, or speech-impaired persons who do use a TDD. Customer will be able to access the state provider to complete such calls by either dialing the applicable telephone number directly or by dialing the number 711, where available. Spectrum may bill Customer a monthly surcharge in order to fund the TRS system. 6. 911 Services: a. CUSTOMER ACKNOWLEDGES THAT THE VOICE-ENABLED FIBER CONNECTION, CABLE MODEM, INTEGRATED ACCESS DEVICE (“IAD”) OR OTHER SPECTRUM EQUIPMENT USED TO PROVIDE COMMUNICATIONS SERVICE ARE ELECTRICALLY POWERED AND THAT COMMUNICATIONS SERVICE, INCLUDING THE ABILITY TO ACCESS 911 AND E911 SERVICES AND ALARM, SECURITY, AND OTHER MONITORING SERVICES, MAY NOT OPERATE IN THE EVENT OF AN ELECTRICAL POWER OUTAGE, A SPECTRUM NETWORK SERVICE INTERRUPTION, OR A THIRD-PARTY NETWORK SERVICE INTERRUPTION IF THE COMMUNICATIONS SERVICE IS PROVIDED AS AN OVER-THE-TOP OR OFF-NET (TYPE II) SERVICE USING A THIRD PARTY’S NETWORK. CUSTOMER ALSO ACKNOWLEDGES THAT, IN THE EVENT OF A POWER OUTAGE AT A SERVICE LOCATION, ANY BACK-UP POWER SUPPLY PROVIDED WITH A SPECTRUM-PROVIDED VOICE-ENABLED CABLE MODEM, IAD, OR OTHER SPECTRUM EQUIPMENT USED IN DELIVERING THE COMMUNICATIONS SERVICE MAY ENABLE SERVICE FOR A LIMITED PERIOD OF TIME OR NOT AT ALL, DEPENDING ON THE CIRCUMSTANCES, AND THAT THE USE OF A BACK-UP POWER SUPPLY DOES NOT ENSURE THAT COMMUNICATIONS SERVICE WILL BE AVAILABLE IN ALL CIRCUMSTANCES. CUSTOMER SHALL ADVISE EVERY END USER OF COMMUNICATIONS SERVICE THAT SPECTRUM VOICE-ENABLED CUSTOMER EQUIPMENT IS ELECTRICALLY POWERED AND, IN THE EVENT OF A POWER OUTAGE OR SPECTRUM NETWORK SERVICE INTERRUPTION, COMMUNICATIONS SERVICE AND 911 OR E911 MAY NOT BE AVAILABLE. CUSTOMER SHALL DISTRIBUTE TO ALL END USERS OF COMMUNICATIONS SERVICE LABELS/STICKERS (TO BE SUPPLIED BY SPECTRUM) AND INSTRUCT ALL END USERS OF COMMUNICATIONS SERVICE TO PLACE THEM ON OR NEAR THE EQUIPMENT USED IN CONJUNCTION WITH THE COMMUNICATIONS SERVICE. b. Customer is not permitted to move Spectrum Equipment from the Service Location in which it has been installed. If Customer moves any of the voice-enabled cable modem, IAD, or other Spectrum Equipment to an address other than the Service Location identified on the Service Order, calls from the modem, IAD, or other Spectrum Equipment to E911 will appear to E911 emergency service operators to be coming from the Service Location identified on the Service Order and not the new address. Customer shall be solely responsible for directing emergency personnel at the customer premises at each Service Location. c. Customer will be notified by Spectrum as to whether the Communications Service to which Customer subscribes includes the capability to support E911 service from multiple locations or from a location other than the Service Location. Customer agrees that Spectrum will not be responsible for any losses or damages arising as a result of the unavailability of Communications Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or other monitoring service provider or any failure or fault relating to Customer Equipment, facilities or services, the use of third-party enterprise 911 solutions, or Customer’s attempt to access Communications Service from a remote location. d. In some geographic areas, Communications Service does not provide the capability to support E911 service from any location other than the Service Location. In those areas, if Customer intends to assign telephone numbers to one or more locations other than the Service Location, Customer shall obtain from the incumbent LEC, a competitive LEC, or Spectrum a local telephone line or lines and ensure that (i) the address(es) associated with the additional location(s) are loaded into the 911 database by the provider of the local telephone line(s) such that 911 calls will deliver to the 911 answering point the actual location and address of the 911 caller and (ii) all 911 calls originated from the additional location(s) are transported and delivered over those local telephone lines. IN SUCH AREAS, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPECTRUM, ITS AFFILIATES, ITS SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ AND OTHER PROFESSIONALS’ FEES, ARISING OUT OF OR RELATING TO 911 CALLS MADE BY END USERS OF THE COMMUNICATIONS SERVICE FROM LOCATIONS OTHER THAN THE SERVICE LOCATION. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 17 of 26 e. If Customer orders E911 Location Plus, (i) Customer may add and/or manage station level address information for telephone numbers at the Service Location through use of the E911 Location Plus self-service web portal; (ii) Customer shall be solely responsible for complying with all applicable local, state, and federal laws, rules, regulations and requirements for operation and use of a multi-line telephone system and for providing accurate station level address information (i.e., the applicable characters for display at a 911 operator) for Customer’s telephone numbers; (iii) Customer will transmit the telephone number to Spectrum that is associated with the station that placed a 911 call; and (iv) Customer will ensure the initial and continuing accuracy of the station level address information for each Customer telephone number in the E911 Location Plus self-service web portal. Updates or modifications to station level address information in the E911 Location Plus self-service web portal may require up to 24 hours for implementation and/or updating. Non-Spectrum telephone numbers are not supported and may not be entered into the E911 Location Plus self-service web portal. Notwithstanding Customer’s use of E911 Location Plus, Customer is solely responsible for directing emergency personnel at the Service Location. f. Customer shall not use the Communications Services, or allow the Communications Services to be used, (i) to provide 911 or E911 services; (ii) route 911 or E911 traffic to any public safety answering point, statewide default answering point, or appropriate local emergency authority or emergency responders; or (iii) for any automatic location information services related to E911 or in any other manner that would cause, or be likely to cause, Spectrum to qualify as a “Covered Service Provider” as defined in 47 C.F.R. §12.4 or any successor provision of the rules of the Federal Communication Commission. Any breach of this provision shall constitute a material breach of the Service Agreement. g. CUSTOMER ACKNOWLEDGES THAT SPECTRUM’S “ANYWHERE CONNECT” OR OTHER SOFTPHONE SOFTWARE OR APPLICATIONS (COLLECTIVELY “SOFTPHONE APPLICATIONS”) ARE NOT A REPLACEMENT FOR MOBILE OR FIXED LINE VOICE SERVICES. SOFTPHONE APPLICATIONS DO NOT PERMIT END USERS TO MAKE 911 OR OTHER EMERGENCY CALLS. CUSTOMER SHALL PROVIDE ALTERNATIVE COMMUNICATION OPTIONS TO ENABLE END USERS TO MAKE 911 AND OTHER EMERGENCY CALLS WHEN USING SPECTRUM’S SOFTPHONE APPLICATIONS. 7. Custom Caller-ID (Voice Services only): If Customer activates Custom Caller ID for Trunks, which permits a customer to define the telephone number that Spectrum makes available to call recipients for Caller ID purposes, the telephone number chosen must be active and assigned to Customer. Custom Caller ID for Trunks may be used only where Customer employs a Customer Equipment solution that ensures that 911 and other emergency calls placed by an end user are routed to an appropriate public safety answering point or other responding agency based on the caller’s location, in a manner consistent with applicable law. If Customer activates Custom Caller ID, they must configure their PBX to out-pulse a telephone number that is active in their Spectrum account and accurately identifies the Service Location for all outbound emergency 911 calls to be handled by that PBX. By activating Custom Caller ID for Trunks, Customer represents and warrants that it employs such a Customer Equipment solution and agrees to continue using such a solution until Customer discontinues its use of Custom Caller ID for Trunks. Telemarketers or other entities using Custom Caller ID for Trunks must comply with applicable federal and state laws, including obligations requiring identification of: (i) the telemarketer or the party on whose behalf the telemarketing call is made and (ii) the calling party’s number (“CPN”), automatic number identification (“ANI”), or customer service number of the party on whose behalf the telemarketing call is made. The use of substitute or fictitious CPN, ANI, or other calling party information is prohibited. Custom Caller ID for Trunks may not be used by any person or entity in connection with any unlawful purpose. 8. Access: Customer agrees to provide Spectrum and its authorized agents with access to Customer’s internal telephone or local area network wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of Communications Service over existing wiring. Customer hereby authorizes Spectrum to make any requests to Customer’s landlord, building owner and/or building manager, as appropriate, and to make any requests to other or prior communications service providers, as necessary and appropriate, to ensure that Spectrum has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install Communications Service and all related Spectrum Equipment. The agents and employees of Spectrum shall have the right to enter the Service Location at any reasonable hour for the purpose of installing, inspecting, maintaining, or repairing Spectrum Equipment, instruments and/or lines, or upon termination of the Communications Service, for the purpose of removing such Spectrum Equipment, instruments, and/or lines. 9. Exclusively for Businesses: Communications Services are offered to businesses only and are not available for residential use. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 18 of 26 10. Customer Equipment: Spectrum’s obligation is to provide Communications Services to the customer-accessible interface device or equipment installed by Spectrum at the Spectrum Network Demarcation Point at the Service Location. The “Demarcation Point” is the point of interconnection between the Spectrum Equipment or other facilities and the wiring at the Service Location. Customer is responsible for ensuring that all such Customer Equipment conforms to the Federal Communications Commission's requirements set forth in Part 68 of the Code of Federal Regulations (as amended), and Spectrum may discontinue the provision of Communications Services to any location where Customer Equipment fails to conform to such regulations. Customer shall be solely responsible for satisfying all legal requirements for interconnecting Customer-provided terminal equipment or communications systems with other provider’s facilities, including, without limitation, application for all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. Satisfaction of all legal requirements, any interface equipment or any other facilities necessary to interconnect the facilities of Spectrum and other providers must be provided at Customer's sole expense. 11. CPNI: Information relating to Customer calling details (“Calling Details”), including the quantity, configuration, type, destination and amount of Communications Service usage by Customer, and information contained i n Customer’s bills (collectively, “Customer Proprietary Network Information” or “CPNI”), that is obtained by Spectrum pursuant to its provision of Communications Service will be protected by Spectrum as described herein, in the Privacy Policy and in accordance with applicable federal and state requirements. Notwithstanding the foregoing, the following shall not be CPNI: (i) Customer’s directory listing information, and (ii) aggregated and/or compiled information that does not contain Customer -specific references, even if CPNI was used as a basis for such information. a. Spectrum may use and disclose Calling Details and CPNI when required by applicable law. Spectrum may use Calling Details and CPNI and share (including via email) Calling Details and CPNI with its partners and contractors, as well as with Customer’s employees and representatives, without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of Spectrum, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of Spectrum Network systems; and (v) to market additional Spectrum services to Customer that are of the same category as the services that Customer purchases from Spectrum. b. Spectrum will obtain Customer’s consent before using Calling Details or CPNI to market to Customer Spectrum services that are not within the categories of Services that Customer purchases from Spectrum. Customer agrees that Spectrum will not be liable for any losses or damages arising as a result of disclosure of Calling Details or CPNI in accordance with the terms of this Attachment. c. Spectrum will respond to Customer requests for Customer Calling Details only in compliance with Spectrum’s then- current authentication requirements and applicable law. Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details. Spectrum will notify Customer of any requests to change account passwords, activate online account access, and change Customer’s account address of record. Spectrum may provide such notice by voicemail, by email or by regular mail to Customer’s prior account address of record. d. Customer may identify a person or persons who are authorized to request Calling Details by executing an Agency Letter provided by Spectrum upon request. Customer is responsible for: (i) ensuring that Spectrum receives timely notice of any changes to the list of authorized individuals identified in the Agency Letter. Spectrum will not be liable to Customer for any disclosure of Calling Details (including CPNI) that occurs if Spectrum has complied with the Agency Letter. 12. Directory Listings: Spectrum will facilitate the inclusion of its business customers in alphabetical white and yellow pages directories and/or electronic compilations, as requested and available in Spectrum's service area. These listings are intended as a resource for interested parties who can use them to find the telephone numbers of Spectrum customers who subscribe to Communications Services. Spectrum, in its sole discretion, may limit the length of any listing in a directory or electronic compilation by abbreviating the listing. Listings may be subject to additional rules and restrictions. Toll free and private number service may be available to Customer for an additional charge. A listing may be omitted from a directory or electronic compilation upon Customer’s request. IN THE EVENT THAT A MATERIAL ERROR OR OMISSION IN CUSTOMER’S DIRECTORY LISTING INFORMATION, REGARDLESS OF FORM, IS CAUSED BY SPECTRUM, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE A SERVICE CREDIT IN AN AMOUNT SET BY SPECTRUM’S THEN-CURRENT STANDARD POLICIES OR AS PRESCRIBED BY APPLICABLE REGULATORY REQUIREMENTS, IF ANY. SPECTRUM SHALL HAVE NO OTHER LIABILITY FOR ANY ERROR OR OMISSION IN ANY DIRECTORY LISTING INFORMATION. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 19 of 26 13. Minute Packages: If a minutes of use (“MOU”) package is exceeded, additional minutes will be charged at the standard toll rates listed at https://enterprise.spectrum.com (or successor URL), unless other rates have been provided in the Service Order. 14. Number Porting: Upon submission of a Service Order, Customer may port a telephone number within the rate center for its particular Service Location, or a toll-free number from an existing toll-free service provider, to Spectrum for use with Communications Services. Customer represents and warrants that it has all necessary rights and authority for any porting request, will provide copies of letters of authority authorizing the same upon request, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SPECTRUM AND ITS AFFILIATES FROM ANY THIRD-PARTY CLAIM RELATED TO OR ARISING OUT OF ANY PORTING REQUEST. Spectrum shall coordinate telephone number porting with Customer’s former local service provider (“FLSP”) or former toll-free service provider, as appropriate, using the operational process for coordinating telephone number porting as prescribed by the appropriate regulatory authority. Spectrum may receive requests to port a telephone number currently assigned to Customer to a third -party service provider. Customer agrees that until such time as the porting process has been completed and no further traffic for any ported telephone number traverses the Spectrum Network, Customer shall remain bound by the terms of the Service Agreement and this Attachment (including, without limitation, Customer’s obligation to pay for any applicable Services) for any and all traffic which remains on any Customer telephone numbers. Notwithstanding the foregoing, Customer shall notify Spectrum at least five (5) business days in advance of Customer requesting more than twenty (20) telephone numbers to be ported from Spectrum to another service provider. Customer has no property right in telephone number(s) or any other call number designations associated with the Communication Services, and Spectrum may change such numbers as deemed necessary. 15. Call Redirect: If a PRI Service, SIP Trunking Service, Analog Lines over Fiber, or Hosted Communication Service Customer elects to redirect calls to an alternate number and if the receiving telephone number is charged as domestic long distance, charges will be applied against Customer’s MOU package on the account or, if exceeded, at the applicable long distance rates. 16. Fiber Internet Access Bundles: If Customer purchases a discounted bundled offering from Spectrum including a SIP Trunking Service, PRI Service, or Hosted Communications Services combined with Spectrum Fiber Internet Access, Customer must have the SIP Trunking Service, PRI Service, or Hosted Communications Service installed and billing within four months after the provisioning and turn-up of the bundled data circuit. The monthly recurring charge will revert to the non-bundled rate for the installed service if Customer fails to accept both Services within this timeframe. 17. Unified Communications Service Data: Spectrum and any third-party service provider Spectrum uses to provide Unified Communications Services may use Customer data provided to such service provider in the course of the performance of the Unified Communications Services, including but not limited to any personal data of Customer’s employees (“ UCS Data”), other than content transmitted by the Unified Communications Services, to (a) communicate with Spectrum or Customer, and (b) administer and/or perform this Service Agreement, any Service Order, and/or any agreement between Spectrum and such third-party service provider. Spectrum and such service provider may access or disclose UCS Data and related information, to: (i) satisfy legal requirements, comply with the law or respond to subpoenas, warrants or court orders, or (ii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Spectrum’s or such service provider’s employees, customers or the public. 18. Voicemail; Call Recording. In the event Customer transmits protected health information (“PHI”), as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, through the use of Hosted Voice Service, Customer acknowledges that Spectrum is acting solely as a Conduit. A “Conduit” means a party that transports information but does not access it other than on a random or infrequent basis necessary for the performance of the transportation service or as required by law. Customer further agrees that it shall provide Spectrum prior notice if Customer stores any PHI on the voicemail or call recording feature of Hosted Voice Service and the parties shall thereafter enter into a business associate agreement. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 20 of 26 Attachment C Fiber Internet Access Service (“FIA Service”) Fiber Internet Access: If Customer elects to receive the FIA Service, Spectrum shall provide Customer with a dedicated, scalable connection over a packet-based infrastructure with Internet service provider (“ISP”) peering between Customer’s data network identified on a Service Order and Spectrum’s facilities. FIA Service, or features of FIA Service, may not be available in all service areas. Spectrum’s FIA Service is “On-Net” if it is provided by Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum (“Third Party Services”). Third Party Services and Off-Net Services may be subject to additional terms and conditions. Customer’s use of the FIA Service is subject to the following additional terms and conditions: 1. FIA Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the FIA Service selected by Customer on the Service Order, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices. 2. Bandwidth Management. Spectrum shall have the right, but not the obligation, to (a) monitor traffic on its Network; and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by Spectrum) as Spectrum deems appropriate to efficiently manage the Spectrum Network. If Customer purchases Multi-Path FIA Service, Customer must ensure that no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses and IP addresses). If Customer’s Multi-Path FIA Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between a MAC address and IP address and another MAC address and IP address, and (ii) “Multi-Path” shall mean FIA Services permitting data transmission between or among three (3) or more MAC addresses and IP addresses. 3. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at https://enterprise.spectrum.com (or the applicable successor URL) and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the Spectrum AUP. 4. Supplemental Managed Network Service. This subsection shall only apply if Customer purchases Spectrum’s supplemental “Managed Network Service.” The Managed Services may include software, firmware, and hardware components supplied by Spectrum or third parties. SPECTRUM DOES NOT WARRANT THAT THE SUPPLEMENTAL MANAGED SERVICE, INCLUDING ANY SECURITY SERVICES, WILL MEET CUSTOMER’S REQUIREMENTS, ENABLE CUSTOMER TO COMPLY WITH ANY APPLICABLE LAWS, REGULATIONS, OR THIRD PARTY REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR USE OF, WHETHER AUTHORIZED OR NOT, CUSTOMER’S OR ANY END USER’S EQUIPMENT OR ACCESS TO OR LOSS OF DATA, MATERIAL, OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL, OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 21 of 26 Attachment D Ethernet Service (“Ethernet Service”) and Cloud Connect ("Cloud Connect") Ethernet Service: Spectrum will provide Ethernet Services for Customer locations connected over coaxial and/or fiber-optic cable. Connectivity is established between two or more Customer end-points under a unique customer topology. Spectrum will install the coaxial or fiber-optic cable into each Customer site as listed in the Service Order(s). Spectrum will also supply an edge or network interface device, which is Spectrum Equipment, at each site that will be capable of receiving the Service as specified in the Service Order(s). Spectrum’s Ethernet Services are “On-Net” if they are provided by Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers. Off-Net Services may be subject to additional terms and conditions. Cloud Connect Service: Spectrum will provide a cloud connect service allowing Customer a private, layer 2 connectivity to cloud service providers (CSPs). Therefore, all terms herein shall apply to the Cloud Connect Service in addition to the Ethernet Service. Customer’s use of Ethernet Service and, as applicable, Cloud Connect Service, is subject to the following additional terms and conditions: 1. Spectrum’s provision of Ethernet and Cloud Connect Services is subject to availability. 2. Spectrum shall have the right to disconnect (or demand the immediate disconnection of) any Ethernet and/or Cloud Connect Service that degrades any service provided to other subscribers on the Spectrum Network. Spectrum shall have the right, but not the obligation, to (a) monitor traffic on the Spectrum network, in its sole discretion; and (b) monitor Customer’s bandwidth utilization as Spectrum deems appropriate to efficiently manage its Network. If Customer purchases Multi-Path Ethernet Service, Customer must ensure that no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses and IP addresses). If Customer’s Multi-Path Ethernet Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between a MAC address and IP address and another MAC address and IP address, and (ii) “Multi-Path” shall mean Ethernet Services permitting data transmission between or among three (3) or more MAC addresses and IP addresses. 3. Customer shall not transmit or otherwise make available on or via the Ethernet or Cloud Connect Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, or that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. 4. Customer shall permit Spectrum reasonable access to the Service Locations to inspect the Service Locations at periodic intervals as needed to verify Customer’s compliance with this Service Agreement. 5. Customer’s use of Ethernet Services is presumed by Spectrum to be jurisdictionally interstate, pursuant to the Federal Communications Commission’s mixed use “10% Rule” (47 C.F. R. 36.154, 4 FCC Rcd. 1352). It is Customer’s sole responsibility to notify Spectrum if Customer’s use of the Service is not jurisdictionally interstate pursuant to the 10% Rule and, so long as Customer’s use of the Service remains not jurisdictionally interstate, Customer must certify at least annually that this condition remains in effect, using the form and format available upon request from Spectrum. If Customer fails to provide such certification or if the Customer’s certification is inaccurate or invalid, Customer shall be liable for any resulting fees, fines, penalties and/or costs incurred by Spectrum. In addition, if Spectrum determines that Customer’s use of the Ethernet Services is likely to be deemed not to be jurisdictionally interstate, and therefore that Spectrum’s provision of the Ethernet Services is likely to put Spectrum or its licenses, permits or business at risk, or otherwise cause financial, regulatory or operational problems for Spectrum, then Spectrum may immediately suspend the provision of any or all Ethernet Service under any or all affected Service Orders until such time as either (a) Customer provides Spectrum with satisfactory assurances that Customer’s use of Ethernet Services shall be deemed to be jurisdictionally interstate or (b) Customer is otherwise brought into full compliance with any applicable laws and regulations. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Indemnified Parties against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by any Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Spectrum Indemnified Parties, to the full extent that such arise from or relate to any fees, fines or penalties incurred by Spectrum as a result of Customer’s violation of the 10% Rule. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 22 of 26 Attachment E Spectrum Business High-Speed Internet Service (“Internet Service”) Spectrum Business High-Speed Internet Service1: Internet access service implemented using a hybrid fiber/coax (“HFC”) or a fiber access network. Customer interface to the data network is via Ethernet connection. Internet Service enables a variety of upstream and downstream rates. If Customer elects to receive Internet Service, Spectrum shall provide connectivity from Customer site(s) to Customer’s data network. Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in Spectrum’s sole discretion. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum (“Third-Party Services”). Third Party Services may be subject to additional terms and conditions. Except to the limited extent described in this Attachment, Spectrum makes no warranties of any kind (express or implied) regarding Third-Party Services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose). Spectrum does not have title to and is not the manufacturer of any software or hardware components of any Third- Party Services nor is Spectrum the supplier of any components of such software or hardware. IN NO EVENT SHALL SPECTRUM BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY SERVICES. Customer’s use of the Internet Service is subject to the following additional terms and conditions: 1. Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Service (see www.business.spectrum.com for the current specifications). The minimum configuration standards may change, and Spectrum will make reasonable efforts to support previously acceptable configurations; however, Spectrum is not obligated to continue to provide such support. Spectrum may supply Spectrum Equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Internet Service. Spectrum reserves the right to provide service only to users with Spectrum-approved equipment. Customer acknowledges that such Spectrum Equipment may require updates and/or changes to the software resident in the Spectrum Equipment and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes Spectrum to perform updates or changes, on-site or remotely from time to time as Spectrum deems necessary, in Spectrum's sole discretion. Customer will not connect any equipment, other than equipment authorized by Spectrum, to the Spectrum Network. When Spectrum installs the Internet Service, Customer will need a network interface card or adapter providing an Ethernet connection. Alternatively, Customer may connect to a networking device (commonly referred to as a router or gateway). 2. Software. At the time of installation of the Internet Service, Spectrum may provide Customer with common Spectrum or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service, subject to the license terms and restrictions in the Spectrum Service Agreement. Customer hereby represents and warrants to Spectrum that Customer owns the operating system software and associated use/license rights thereto for the computers that are connected to the Spectrum Network. 3. Internet Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the Internet Service selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices. 4. Security. Customer shall take commercially reasonable security measures when using the Internet Service and assumes sole responsibility for use of the Internet Service and for access to and use of Customer Equipment used in connection with the Internet Service and Spectrum Network. 5. Electronic Addresses; Mailboxes. All non-vanity email addresses, email account names, and IP addresses (“Electronic Addresses”) provided by Spectrum (and not through Customer’s domain) are the property of Spectrum. Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses. a. Mailboxes. Spectrum owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time for any reason. Spectrum may also limit the number of new email addresses available per account and the number of email messages that may be sent within a 24-hour time period. Spectrum may lock inactive mailboxes and prohibit the mailbox from receiving new email messages. Customer acknowledges that upon termination of Internet Service, Spectrum will suspend all accounts associated with the Internet Service and delete the contents of all mailboxes, if any. Deleted content cannot be recovered. Email addresses are not permanently retired and become eligible to be reused at Spectrum’s sole discretion. b. Mail Storage. In no event will Spectrum be responsible for maintaining, and Spectrum will not guarantee storage of, email for any period of time. Spectrum also reserves the right to enforce email storage limits. 1 Customers that purchased Internet services from Time Warner Cable Business Class, Brighthouse Networks, or Charter before June 11, 2017 may continue to receive the same Internet service plan, features, and supplemental services at the same prices offered as of June 11, 2017 (“Legacy Services”) until such time as Spectrum discontinues the Legacy Services by written notice to such Customers. If Customer elects to receive Spectrum Business Internet Services available as of June 11, 2017, then Customer will no longer be eligible to receive any Legacy Services, including, without limitation, any supplemental services or features that may not be available as part of the Spectrum Business Internet Services. Please contact your Spectrum sales representative for further information. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 23 of 26 c. Cookies. Customer may access their Spectrum email account at https://www.spectrumbusiness.net or by using the Customer’s software application (e.g., Outlook, Outlook Express, Apple Mail). When accessing email at https://www.spectrumbusiness.net. Customer must have its Internet browser configured to accept cookies. Spectrum will notify the End User if the browser is not configured to accept cookies. 6. Changes of Address. Spectrum may change addressing schemes, including email and IP addresses provided by Spectrum. 7. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at www.business.spectrum.com and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the AUP. 8. Spectrum Business WiFi. Spectrum Business WiFi supported by a Spectrum-provided wireless router is a service available to certain Customers and provides wireless access to the Internet Service within the Service Location ("WiFi Network"), for which Customer may be charged a fee consistent with Spectrum’s then-current practices. Customer must purchase Spectrum Internet Service in order to receive Spectrum Business WiFi. The Spectrum-provided WiFi router comes programmed with certain default settings and configurations for the WiFi Network. Customer may modify the default settings and configurations on the Spectrum-provided WiFi router although Spectrum recommends maintaining the default configuration and settings. Spectrum does not guarantee the security of the Spectrum-provided WiFi router and Customer's connection to the Internet Service via the WiFi Network. Customer understands and agrees that Customer is solely responsible for the security of its WiFi Network and must enable and use encryption in order to access Spectrum-provided applications. Customer understands that this service is intended to be used by the Customer and its End Users and that Spectrum accepts no liabilities for any third-party usage. The Spectrum-provided WiFi router will collect and maintain certain information regarding access to and use of the WiFi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Spectrum to provide the Internet Service and support, as well as for Spectrum’s internal business analytics regarding the use of the Internet Service. Customer acknowledges and agrees that Spectrum shall have access to the network name and password associated with the Spectrum-provided WiFi router in order to provide support and diagnostic services. Spectrum reserves the right to modify the WiFi network name and password for the Spectrum-provided WiFi router in order to safeguard Internet security, the security and privacy of Customer's information, where required by law, or for other good cause to provide, upgrade, and maintain the Internet Service, and protect the network, other users of the Internet, or our customers and subscribers. Abusive, vulgar, offensive, inappropriate or profane WiFi Network names are prohibited and may be modified in Spectrum’s sole discretion. Customer acknowledges that the Spectrum-provided WiFi router is Spectrum Equipment. 9. Spectrum Business WiFi Hotspot. Spectrum reserves the right to preconfigure the Spectrum-provided WiFi router to distribute a wireless Internet access point (i.e., a Spectrum Business WiFi Hotspot, a “WiFi Hotspot”) separate from the WiFi Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Customer for any purpose. Customer shall have the right to disable such WiFi Hotspot, and shall not be responsible for the security of the WiFi Hotspot. a. To be eligible to receive the WiFi Hotspot, Customer must be receiving Spectrum Internet Service. Subject to the foregoing, Spectrum will, and Customer grants Spectrum permission to, attach, install, maintain, operate, and upgrade WiFi-related equipment, cables and devices (“WiFi Equipment”) on and within the Service Location. The WiFi Equipment will be operated by Spectrum, at no cost to Customer, in order to provide the WiFi Hotspot at the Service Location(s). Customer agrees to provide a standard power source for operation of the WiFi Equipment. b. Customer’s use of the WiFi Hotspot is subject to the following additional terms and conditions: i. The WiFi Hotspot made available at Service Location(s) may be accessed by Customer and its End Users through their Spectrum accounts for no additional charge. ii. To access the WiFi Hotspot, Customer and its End Users and patrons must have a WiFi-enabled device that meets the technical specifications for the WiFi Hotspot. iii. Customer grants Spectrum the right to advertise, market and otherwise promote Customer’s location(s) as a WiFi Hotspot access point(s), in any and all forms of media now known or hereafter developed, in Spectrum’s sole discretion, and Customer grants Spectrum a license to use Customer’s names, trademarks and logos in connection with such advertising, marketing and promotion. iv. Customer will not be entitled to receive any refunds or credits should the WiFi Hotspot be interrupted or fail, regardless of the length of time during which the WiFi Hotspot is unavailable. v. All WiFi Equipment constitutes Spectrum Equipment. Customer may not relocate or disconnect the WiFi Equipment. 10. Hosting. Spectrum will provide to Customer Hosting Service in accordance with the specifications associated with the plan Customer has selected (the “Hosting Service”). a. Hosting Software. The Hosting Service will permit access to a variety of resources available from selected third parties, including developer tools, communication forums and product information (collectively, “Hosting Software”). The Hosting Software, including any updates, enhancements, new features, and/or the addition of any new Web properties, may be subject to and Customer shall comply with applicable product use rights/end user license agreements between such third parties and Customer. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 24 of 26 Notwithstanding anything to the contrary in the Terms of Service, Spectrum (not the manufacturer) shall provide technical support for Hosting Service, except that version changes of any such software compatibility or suitability with any other Customer provided software shall be Customer's responsibility. Customer hereby consents to the disclosure to the provider of third-party software, of Customer's name and any other necessary information for the limited purpose of licensing rights. b. Content Liability and Use Restrictions. Spectrum exercises no control over the content of the information passing through Customer's site(s) and it is Customer's sole responsibility to ensure that Customer and Customer's End Users use of the Hosting Service complies at all times with all applicable laws and regulations and the AUP. Spectrum shall have the right to disclose any and all available information collected from Customer to law enforcement authorities upon written request by such authorities. Information that may be disclosed includes IP addresses, account history, and files stored on servers used to provide the Hosting Service. If Customer engages in any of the following prohibited activities or if Customer’s use of the Hosting Service is causing an adverse impact on the Spectrum Network, Spectrum shall have the right to suspend or terminate the Hosting Services: i. Customer shall not use Hosting Service for or in connection with any high risk use or activity such as aircraft or other modes of human mass transportation, nuclear, or chemical facilities, or Class III medical devices under the Federal Food, Drug, and Cosmetic Act. ii. Copying or reproduction of the Hosting Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless approved in writing by Spectrum. iii. Hosting of unlicensed software. iv. Use of software or files that contain computer viruses or files that may harm computers. v. Any attempt or actual unauthorized access by Customer or through Customer Equipment to any Spectrum website or the website of any Spectrum customer. vi. The collection or any attempt to collect personally identifiable information of any person or entity without his, her or its express written consent. Customer shall maintain records of any such written consent throughout the Term of this Service Agreement and for three years thereafter. vii. Any action or inaction which is harmful or potentially harmful to the Spectrum server structure. viii. Running a banner exchange, free adult thumbnail gallery post and/or free adult image galleries on Customer’s website. ix. Inclusion of sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites, users or providers. c. Domain Names. Customer shall be solely responsible for registering for or renewing a desired domain name. Spectrum does not guarantee that Customer will be able to register or renew a desired domain name. d. Specification Limitations. Individual websites may not at any time exceed the hosting specifications for the Internet Service. If Customer's hosting account exceeds the applicable specifications or is adversely impacting Spectrum’s network or server(s), Spectrum may (i) contact Customer to resolve the issues; or (ii) suspend or terminate the Hosting Service if Customer has exceeded the then-applicable specifications in any given month. e. Limitation of Spectrum-provided Services. Certain services are not provided by Spectrum as part of the Hosting Service (e.g., Spectrum does not provide nor offer webpage creation, development, design or content services). f. Impositions on Customer's End Users. Customer is responsible for charging and collecting from its End Users any and all applicable taxes relating to use of the Customer site hosted by Spectrum. If Customer fails to impose and/or collect any tax from its End Users then, as between Spectrum and Customer, Customer shall be liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax. Customer shall indemnify and hold the Indemnified Parties harmless for any costs incurred or taxes or fees paid due to actions taken by the applicable taxing authority to collect any such tax from Spectrum due to Customer's failure to comply with this Section. 11. Desktop Security Service. Desktop Security Service is made up of software and hardware components. Spectrum is not the manufacturer or supplier of any software or hardware components of the Desktop Security Service. Spectrum shall update the Desktop Security Service from time-to-time based on manufacturer-provided updates. 12. Cloud Backup Service. a. Spectrum is not the manufacturer or supplier of any Cloud Backup Service software components. Customer shall be responsible for updating Cloud Backup Service from time-to-time based on updates provided by the software manufacturer, and any failure of Customer to perform such updates shall relieve Spectrum from any responsibility to ensure that Cloud Backup Service remains operational. b. Customer understands and acknowledges that (1) it is Customer’s sole responsibility to create and retain the Cloud Backup Service password that is necessary for access to any data stored via the Cloud Backup Service and (2) Spectrum has no access to and does not know nor keep any record of the password created by Customer. Failure by Customer to retain Customer’s Cloud Backup Service password shall result in complete loss of accessibility to data stored via the Cloud Backup Service. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 25 of 26 Attachment F Managed WiFi Service (“Managed WiFi Service”) Managed WiFi Service: If Customer elects to receive Managed WiFi Service, Spectrum will provide a managed WiFi solution with wireless access points (“WAPs”) deployed at the designated Service Location to enable designated users of the Customer’s choice to wirelessly access the Internet as more specifically set forth in a Service Order. Managed WiFi Service, or certain features, may not be available in all service areas and may change from time to time, in Spectrum’s sole discretion. Customer’s use of the Managed WiFi Service is subject to the following additional terms and conditions: 1. WiFi Equipment. Spectrum will, and Customer grants Spectrum permission to, attach, install, maintain, operate and upgrade WiFi-related equipment, cables and devices on and within Customer’s premises at the Service Location(s) identified in the applicable Service Order. 2. Internet Access. Spectrum may provide Managed WiFi Service to locations that use a centralized Internet access configuration where Spectrum will not be the primary Internet access provider if Customer purchases an Internet access Service for the sole purpose of providing Spectrum Enterprise out of bandwidth management (“OOB”). This OOB service would only provide connectivity to the Managed WiFi Service equipment (switches and controllers). 3. Connectivity to Local Area Networks. Configuration of the Managed WiFi Service will be as agreed in the WiFi questionnaire completed by the Parties. Managed WiFi Service may provide a separate SSID for employee Internet access if specified on the WiFi questionnaire. A second WLAN will be created on the wireless network with its own VLAN assigned. The aggregation switch will be configured to hand off an Ethernet Service port to Customer. In this scenario, network functions (DHCP and NAT, for example) may be handled by Customer’s LAN. Customer will need to train and engage Customer’s staff for all ongoing support issues. The Managed WiFi Service does not include support for connectivity to any device (printers, laptops, computers, routers, etc.). 4. Security Limitations. This Service does not include features such as: locked down access for the WAPs, single user name and logins for each WAP, logging, content filtering or intrusion detection systems. All Spectrum-authorized personnel and vendors will have access to log into the WAP devices on site. Spectrum is not responsible for security breaches that occur related to any SSIDs. Spectrum does not monitor the traffic on any SSIDs and Customer has the sole responsibility and obligation to monitor any traffic transmitted through use of the Managed WiFi Service to protect Customer’s and any user data. Spectrum can provide a non-broadcast SSID if specified on the WiFi questionnaire. Enterprise Long Form v.190426 ©2016-19 Charter Communications. All Rights Reserved. CONFIDENTIAL Page 26 of 26 Attachment G Software-Defined Wide Area Networking Service (“SD-WAN Service”) SD-WAN Service: If Customer elects to purchase SD-WAN Service, Spectrum shall provide Customer with one or more SD-WAN customer premises equipment (“CPE”) through which Customer can deploy and use Virtual Private Network connectivity and associated virtualized network functions at Customer’s Service Location(s) across Customer’s network, as may be more particularly described and set forth in the applicable Service Order. Customer’s use of the SD-WAN Service is subject to the following additional terms and conditions: 1. Internet Connectivity. Customer is responsible for Internet connectivity at all Customer’s Service Location(s) in order for Customer to utilize the SD-WAN Service. If Internet connectivity at a Service Location for any reason at any time suffers from degradation or is unavailable, then the SD-WAN Service at such Service Location may be degraded or inoperable; and SPECTRUM SHALL HAVE NO LIABILITY FOR ANY RESULTING LOSS OR DAMAGE FROM SUCH DEGRADATION OR INOPERABILITY OF THE SD-WAN SERVICE. 2. Virtual Security Service. If Customer elects to receive vSecurity virtual security service (“Virtual Security Service”) in conjunction with the SD-WAN Service, Spectrum will install and configure the Virtual Security Service on Spectrum’s Network for access by Customer through the SD-WAN Service. Spectrum is not the manufacturer or supplier of any software or hardware components of the Virtual Security Service. Spectrum will update the Virtual Security Service from time to time based on manufacturer-provided updates. Virtual Security Service is a “Managed Service” as defined in Attachment C (FIA Service) and is subject to the disclaimers set forth therein. 3. Technical Configuration Questionnaire. Configuration of the SD-WAN Service and Virtual Security Service will be as set forth in the Technical Configuration Questionnaire completed by Customer. Customer agrees that Spectrum is relying on Customer’s configuration information in order to provide the SD-WAN Services and Virtual Security Service, and that Spectrum shall have no responsibility for any resulting loss or damage resulting from Spectrum’s reliance on and use of, Customer-provided configuration information. 4. Transmission of Material. Customer shall not transmit or otherwise make available on or via the SD-WAN Service any material (including any message or series of messages) that misappropriates, or violates or infringes in any way upon, the intellectual property or proprietary rights of others, that is unlawful, or that would constitute a criminal offense, give ri se to civil liability or otherwise violate any law. 5. Security Limitations. SPECTRUM DOES NOT PROVIDE MONITORING OF SECURITY EVENTS, SECURITY EVENT MITIGATION OR ADVICE REGARDNG SECURITY ISSUES OR THREATS IN CONNECTION WITH THE SD-WAN SERVICES OR VIRTUAL SECURITY SERVICE. SPECTRUM IS NOT RESPONSIBLE FOR SECURITY BREACHES THAT OCCUR DUE TO CUSTOMER’S USE OF ANY SD-WAN CPE, SD-WAN SERVICE OR VIRTUAL SECURITY SERVICE, OR FOR ANY MALICIOUS DATA THAT MAY BE TRANSMITTED OVER THE PROVIDED NETWORK. If Customer requests that Spectrum modify the configuration of the SD-WAN Service or Virtual Security Service in accordance with specifications provided by Customer that deviate from those specifications in the Technical Configuration Questionnaire, then Spectrum’s sole obligation will be to implement the configuration settings requested by Customer and Spectrum shall have no responsibility or liability for any resulting loss or damage incurred by Customer or any third-parties arising directly or indirectly as a result of any such Customer-requested configuration modifications. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6417 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an addendum to authorize the City an option for three 1-year renewal periods, for the contract between Property Registration Champions, LLC., a Florida limited liability company, and the City of Clearwater to manage the City's Foreclosure Property Registry and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 21, 2017, City Council approved an agreement with Property Registration Champions, LLC to manage the City’s foreclosure property registry utilizing collected registration funds. The Agreement is for a two-year term and has an option for three one-year renewal periods each year, at the City's discretion. This agreement has resulted in the following number of properties registered. 2017 - 313 2018 - 434 2019 (Jan - date) - 217 During the above time period, a total of 263 properties have been removed from the list due to evidence/transfer to a private property. Based on the data to date, the City continues to have a consistent number of foreclosures; the Planning and Development Department would like to exercise the option to extend the Agreement via an addendum for three additional one-year renewal periods, July 21, 2019 through July 21, 2022. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/17/2019 ADDENDUM TO AGREEMENT BETWEEN THE CITY OF CLEARWATER AND PROPERTY REGISTRATION CHAMPIONS CORP (PRC) A FLORIDA CORPORATION AND A COMMUNITY CHAMPIONS COMPANY FOR PROPERTY REGISTRATION SERVICES This ADDENDUM is made and entered into by and between Property Registration Champions Corp (“PRC”), a Florida Corporation and a Community Champions Company, with offices at 2725 Center Place, Melbourne, Florida 32940(CONSULTANT) and the City of Clearwater, Florida, a Florida municipal corporation, P.O. Box 4748, Clearwater, Florida 33758 (CITY) and hereby notes that the original contract dated on July 21, 2017, is due to expire July 21, 2019. Per item 3.3 in the Agreement for Property Registration Services, the CITY exercises its option to extend the agreement for three (3) one year renewal terms, each year at the discretion of the City and therefore the agreement will now expire on July 21, 2020, with the option to renew for two (2) additional renewal terms as stated above. Except as expressly modified by this Addendum, all other terms and provisions of the original Agreement for Property Registration Services between the CITY and the CONSULTANT remain in full force and effect. Upon its execution by both parties, this Addendum is made an integral part of the Agreement for Property Registration Services entered into by both parties on July 21, 2017. CITY OF CLEARWATER PROPERTY REGISTRATION CHAMPIONS CORP Date: ____________________ Date: ____________________ William B. Horne, II _______________ Name:____________________ City Manager Title: ATTEST: WITNESS: ______________________________ ____________________________Rosemarie Call Name:City Clerk Title: APPROVED AS TO FORM: ____________________________________ Michael Fuino Assistant City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6354 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize the award of Invitation to Bid 28-19, Manhole Rings and Covers, to Fortiline, Inc. of Tampa, FL, in the annual not-to-exceed amount of $60,000, with two one-year extensions at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid 28-19, Manhole Rings, Covers, and Related Products was issued on May 8, 2019. Six bids were received on June 6, 2019. Fortiline, Inc. represents the lowest responsive, responsible bidder for manhole rings and covers. Fortiline, Inc. will provide standard and hinged manhole rings and covers, standard clean-out rings and covers, and sanitary valve boxes and covers. These items provide access for maintenance purposes in the wastewater collection system. The contract will be effective on August 1, 2019, for an initial one-year period with two one-year renewal terms available to the City. Renewal Terms allow for cost increases based on the Producer Price Index #101 Iron and Steel. Renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY19 are available in Public Utilities’ cost center 550400 Operating Supplies & Materials: ·FY19 $10,000 (2 months) Future fiscal year budgets will include requests for funding: ·FY20 $60,000 ·FY21 $60,000 ·FY22 $50,000 (10 months) Page 1 City of Clearwater Printed on 7/17/2019 CITY OF CLEARWATER ITB # 28-19, Manhole Rings, Covers, and Related Products NOTE: Highlighted Cell indicates a calculation correction. DUE DATE: June 6, 2019; 10:00 AM BID TABULATION SUMMARY ITEM DESCRIPTION Core and Main LP Empire Pipe Orlando EJ USA Inc.Ferguson Waterworks Fortiline Inc.Hayes Pipe Supply, Inc. 1 Standard Manhole Ring and Cover 25,765.00$ 25,475.00$ 37,599.00$ 25,205.00$ 24,821.00$ 25,204.00$ 2 Hinged Manhole Ring and Cover 19,180.00$ 23,237.50$ 25,521.00$ 18,762.50$ 18,477.00$ 18,895.50$ 3 Standard Clean Out Ring and FD Cover 1,744.25$ 1,743.75$ -$ 1,707.50$ 1,680.25$ 1,228.25$ 4 Sanitary Valve Box and FG Cover 1,805.04$ 1,805.40$ -$ 1,765.80$ 1,738.80$ 2,484.00$ Total Bid Items 1 – 4:48,494.29$ 52,261.65$ 63,120.00$ 47,440.80$ 46,717.05$ 47,811.75$ NOTE: Items with a star ( ) indicates intent to award. v. 11.2018 Purchasing Office 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #28-19 Manhole Rings, Covers, and Related Products May 8, 2019 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, June 6, 2019 to provide MANHOLE RINGS, COVERS, AND RELATED PRODUCTS. Brief Description: The City of Clearwater is seeking sealed bids for the purchase of manhole rings, covers, and related products for the Public Utilities department. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: www.myclearwater.com/bid Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Valerie Craig Procurement Analyst Valerie.Craig@myclearwater.com This Invitation to Bid is issued by: Alyce Benge, CPPO, C.P.M. Purchasing Manager Alyce.Benge@myclearwater.com INSTRUCTIONS Manhole Rings/Covers 2 ITB #28-19 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Purchasing Manager. Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: June 6, 2019 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting Purchasing. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. INSTRUCTIONS Manhole Rings/Covers 3 ITB #28-19 i.6 SUBMIT BIDS TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Bids will be received at this address. Bidders may mail or hand-deliver bids. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.7 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Purchasing Office as the official time. i.8 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.9 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.10 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.11 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. INSTRUCTIONS Manhole Rings/Covers 4 ITB #28-19 i.12 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.13 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.14 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.15 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.16 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.17 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.18 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. INSTRUCTIONS Manhole Rings/Covers 5 ITB #28-19 i.19 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Alyce Benge, CPPO, C.P.M. Purchasing Manager 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Manhole Rings/Covers 6 ITB #28-19 i.20 EVALUATION PROCESS. Bids will be reviewed by Purchasing and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.21 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.22 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b)Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c)Price. We will then evaluate the bids that have met the requirements above. i.23 i.24 i.25 i.26 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at www.myclearwater.com/bid to view relevant bid information and notices. BID TIMELINE. Dates are tentative and subject to change. Release ITB: May 8, 2019 Advertise Tampa Bay Times: May 9, 2019 Bids due: June 6, 2019 Review bids: June 6-12, 2019 Award recommendation: June 13, 2019 Council authorization: August 1, 2019 Contract begins: August 2019 STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 7 ITB #28-19 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 8 ITB #28-19 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 9 ITB #28-19 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. 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, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or 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 STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 10 ITB #28-19 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: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (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. 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. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 11 ITB #28-19 S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 12 ITB #28-19 S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 13 ITB #28-19 S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 14 ITB #28-19 S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. STANDARD TERMS AND CONDITIONS Manhole Rings/Covers 15 ITB #28-19 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Manhole Rings/Covers 16 ITB #28-19 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 110,000 residents. The City of Clearwater is a major tourist destination – Clearwater Beach was recently rated #1 U.S. Beach by TripAdvisor, previously named “Florida’s Best Beach Town 2013” by USA Today, and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and hosts several sports tournaments through the year that attract visitors from across the country. Clearwater is home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. This solicitation is to establish a term contract for the purchase of manhole rings/covers, clean-out rings/covers, and sanitary valve boxes/covers for the City’s Public Utilities department. The successful bidder will provide these items on an as-needed basis. The estimated quantities indicated on the pricing pages represent historical data and should not be construed as representing the actual amount to be purchased under this contract. 3. SCOPE OF WORK. Provide the following items, pursuant to the specifications: Standard Manhole Ring and Cover - SPECIFICATIONS Manhole castings, standard ring and cover, shall meet or exceed the following performance specifications: Materials: • Rings and covers shall be gray cast iron or ductile iron • ASTM Standards A48 Class 35B (gray cast iron) • ASTM Standards A536 Grade 65-45-12 (ductile) Standards: • Rings and covers supplied shall be poured in a foundry located in the U.S.A. • Shall be designed, constructed and capable of withstanding a minimum H-20 type loading • Shall be cleaned according to good foundry practice, chipped and ground as needed to remove fins and rough places on castings • Bearing surfaces shall be machined to ensure a proper fit and prevent rattling and fit flush without forcing • All castings shall be true and free of holes • Non Skid pattern required on lid • Lid shall have two (2) non penetrating pick holes • The mating surfaces of the lid and ring shall be machined • Lid shall contain a dovetail groove and gasket • Cover shall be labeled with: City, service type, and state as shown CITY OF CLEARWATER SANITARY FLORIDA Dimensions: • Overall width of ring shall be 36” (thirty-six inches) • Inside clear opening of ring shall be 20.625” (twenty point six-two-five inches) • Overall height of ring shall be 7” (seven inches) • Lid diameter shall be 22.75” (twenty-two point seven-five inches) Delivery: • Ring and covers shall be palletized and banded • Affidavit of compliance to this specification shall be provided with each shipment DETAILED SPECIFICATIONS Manhole Rings/Covers 17 ITB #28-19 Manufacturer/Model: • US FOUNDRY & MANUFACTURING CORPORATION – USF model 420 with type “G” o-ring cover or equivalent conforming to the standards and dimensions listed. If bidding an alternate model, the City of Clearwater may request a product sample prior to award. Hinged Manhole Ring and Cover – SPECIFICATIONS Hinged type manhole castings, ring and cover, shall meet or exceed the following performance specifications: Materials: • Ring and covers shall be ductile iron • ASTM Standards A536 80-55-06 ductile iron or ISO 1083 Standards ductile iron • Cover shall contain an EPDM (Ethylene Propylene Diene Monomer) gasket designed to seal on the ring • Frame may be CL35 gray iron Standards: • Ring and covers supplied must have ISO 9001 or later certification or poured in a foundry located in the U.S.A. • Shall be designed, constructed and capable of withstanding a minimum H-20 type loading • Shall be cleaned according to good foundry practice, chipped and ground as needed to remove fins and rough places on castings • Bearing surfaces shall be machined to ensure a proper fit and prevent rattling • Sealing surface shall include an oil resistant gasket • All castings shall be true and free of holes • Non-skid pattern required on lid • Cover shall contain a stainless steel cam lock • Cover shall be labeled with type of service as shown CITY OF CLEARWATER SEWER FLORIDA Dimensions: • Overall width of ring shall be 34” (thirty-four inches) • Inside clear opening of ring shall be 24” (twenty-four inches) • Overall height of ring shall be 4” (four inches) • Hinged lid diameter shall be 26.1875” (twenty-six point one-eight-seven-five inches) Delivery: • Ring and covers shall be palletized and banded • Affidavit of compliance to this specification shall be provided with each shipment Manufacturer/Model: • EJ Company “ERGO” Product Number 00104083L01 assembly or equivalent conforming to the general requirements and dimensions listed. If bidding an alternate model, the City of Clearwater may request a product sample prior to award. DETAILED SPECIFICATIONS Manhole Rings/Covers 18 ITB #28-19 Standard Clean Out Ring and Cover - SPECIFICATIONS Standard clean out ring and cover, shall meet or exceed the following performance specifications: Materials: • Ring and covers shall be gray cast iron or ductile iron • ASTM Standards A48 Class 30B (gray cast iron) • ASTM Standards A536 Grade 65-45-12 (ductile) Standards: • Ring and covers supplied must have ISO 9001 or later certification, or poured in a foundry located in the U.S.A. • Shall be designed, constructed and capable of withstanding a minimum H-20 type loading • Shall be cleaned according to good foundry practice, chipped and ground as needed to remove fins and rough places on castings • Bearing surfaces shall be machined to ensure a proper fit and prevent rattling and fit flush without forcing • All castings shall be true and free of holes • Cover shall be labeled with “S” for sanitary sewer Dimensions: • Overall width shall be18.625” (eighteen point six-two-five inches) • Lid seat opening shall be 13.50” (thirteen point fifty inches) • Lid diameter shall be 13.25” (thirteen point two-five inches) Delivery: • Ring and covers shall be palletized and banded • Affidavit of compliance to this specification shall be provided with each shipment Manufacturer/Model: • US FOUNDRY & MANUFACTURING CORPORATION- USF “7620” RING & “FD” COVER, or equivalent conforming to the standards and dimensions listed. If bidding an alternate model, the City of Clearwater may request a product sample prior to award. Sanitary Valve Box and Cover - SPECIFICATIONS Sanitary valve box and cover shall meet or exceed the following performance specifications: Materials: • Ring and covers shall be gray cast iron or ductile iron • ASTM Standards A48 Class 30B (gray cast iron) • ASTM Standards A536 Grade 65-45-12 (ductile) Standards: • Ring and covers supplied must have ISO 9001 or later certification, or poured in a foundry located in the U.S.A. • Shall be designed, constructed and capable of withstanding a minimum H-20 type loading • Shall be cleaned according to good foundry practice, chipped and ground as needed to remove fins and rough places on castings • Bearing surfaces shall be machined to ensure a proper fit and prevent rattling and fit flush without forcing • All castings shall be true and free of holes • Cover shall be labeled with “S” for sanitary sewer DETAILED SPECIFICATIONS Manhole Rings/Covers 19 ITB #28-19 Dimensions: • Overall width shall be 11.6875” (eleven point six-eight-seven-five inches) • Inside clear opening shall be 6” (six inches) • Lid seat opening shall be 7.875” (seven point eight-seven-five inches) • Lid diameter shall be 7.625” (seven point six-two-five inches) Delivery: • Ring and covers shall be palletized and banded • Affidavit of compliance to this specification shall be shall be provided with each shipment Manufacturer/Model • US FOUNDRY & MANUFACTURING CORPORATION- USF “7623” RING & “FG” COVER, or equivalent conforming to the standards and dimensions listed. If bidding an alternate model, the City of Clearwater may request a product sample prior to award. 4. DELIVERY. Delivery shall be made to the location indicated between fourteen (14) and twenty- one (21) days after receipt of an order. Delivery hours are from 8:00am to 3:00pm; Monday through Friday. Ship to: Public Utilities 1650 N Arcturas Ave Clearwater, FL 33765 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, products/completed operations, products liability, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, ITB #28-19 P.O. Box 4748 Clearwater, FL 33758-4748 DETAILED SPECIFICATIONS Manhole Rings/Covers 20 ITB #28-19 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Manhole Rings/Covers 21 ITB #28-19 1. BEGINNING AND END DATE OF INITIAL TERM. August 2019 through July 2020 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2), one (1) year renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Producer Price Index for PPI #101 Iron and Steele, Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Manhole Rings/Covers 22 ITB #28-19 1. BID SUBMISSION. Submit one (1) signed original bid and one (1) electronic copy of the bid on a disc or thumb drive, in a sealed container. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format Bid container properly labeled Bid pricing form W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) Exceptions/Additional Materials/Addenda form Vendor Information form Offer Certification form Scrutinized Companies Form Warranty information, if applicable BID PRICING Manhole Rings/Covers 23 ITB #28-19 Pursuant to all the contract specifications enumerated and described in this solicitation, we agree to furnish manhole rings/covers and related products to the City of Clearwater Public Utilities Department at the price(s) stated below. Prices should include all freight charges. Item No. Description Unit Price (EA) Estimated Annual Quantity (EA) Total Price 1 Standard Manhole Ring and Cover (per specifications) $ 100 $ 2 Hinged Manhole Ring and Cover (per specifications) $ 50 $ 3 Standard Clean Out Ring and FD Cover (per specifications) $ 25 $ 4 Sanitary Valve Box and FG Cover (per specifications) $ 36 $ Total Bid $ DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges. The City of Clearwater’s Public Utilities department will be responsible for the unloading of materials. Delivery, as stated in Detailed Specifications, can be met _____ Yes _____ No If no, specify number of days for delivery PAYMENT TERMS Select one choice of payment terms:  Net 30, City of Clearwater’s standard payment terms  2%15, Net 30  _____%10, Net 30 (identify discount not less than 3%)  Procurement card (Bank of America Visa card): o Credit processing fees apply o Invoices under $2,500 paid by department Vendor: _________________________________________ Date: _______________________________ BID PRICING Manhole Rings/Covers 24 ITB #28-19 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor: _________________________________________ Date: _______________________________ VENDOR INFORMATION Manhole Rings/Covers 25 ITB #28-19 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: OFFER CERTIFICATION Manhole Rings/Covers 26 ITB #28-19 By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM Manhole Rings/Covers 27 ITB #28-19 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL Manhole Rings/Covers 28 ITB 28-19 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #28-19, Manhole Rings/Covers & Related Products Due Date: June 6, 2019, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #28-19, Manhole Rings/Covers & Related Products Due Date: June 6, 2019, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6366 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Appoint Christina M. Joseph to the Marine Advisory Board with term to expire July 31, 2023. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Edward T. O’Brien, Jr. MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAD RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Letitia (Tish) Wold - 240 Sand Key Estates Dr., #17, 33767 - Financial Planner Original Appointment: 04/16/15 (was serving 1st term to expire 03/31/19) Resigned: 08/21/18 (no applications on file) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Christina M. Joseph - 2990 Drew St., Apt. 426, 33759 - Community Volunteer Zip codes of current members on board: 2 at 33759 Page 1 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6366 2 at 33761 1 at 33764 1 at 33767 Page 2 City of Clearwater Printed on 7/17/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6393 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Appoint Gary H. Baker, Greg A. Brown and Meg Taylor to the Nuisance Abatement Board with terms to expire August 31, 2023. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Nuisance Abatement Board TERM: 4 years FINANCIAL DISCLOSURE: Yes APPOINTED BY: City Council RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 CHAIRPERSON: MEETING DATES: As Called, 1st Wed./Month - 3:00 pm PLACE: Main Library APPTS. NEEDED: 3 Purpose: The Nuisance Abatement Board will be composed of seven city residents who will conduct hearings on public nuisance cases associated with prostitution and drug-related activities on known properties throughout the City. THE FOLLOWING BOARD MEMBERS HAVE RESIGNED AND NOW REQUIRE REPLACEMENT BY NEW APPOINTEES: 1. Charles (Chuck) W. Johnston - 1940 Algonquin Dr., 33755 - Business Management Original appointment: 8/20/15 (was serving 1st term until 8/31/19) Resigned: 2/8/19 2. Jack J. Geller - 1860 N. Ft. Harrison Ave., Apt. 402, 33755 - Atty Original appointment: 8/20/15 (serving 1st term through 8/31/19; does not wish to be reappointed) 3. W. Bruce Miller - 1952 Clearview Lake Drive, 33755 - Retired/Management Original appointment: 8/20/15 (was serving 1st term until 8/31/19) Page 1 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6393 Resigned: 5/30/19 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Gary H. Baker - 55 Rogers Street #402, 33756 - Attorney 2. Greg A. Brown - 1424 Barry St., 33756 - Production/Tour Manager 3. Patrick J. Raftery - 3237 Masters Dr., 33761 - Senior Buyer/Supervisor 4. Meg Taylor - 1423 Pinebrook Dr., 33755 - Sales Adm. Manager Zip codes of current members: 3 at 33756 1 at 33759 Current Categories: Clinical Social Worker English Teacher/Librarian HR Analyst Restaurant Owner Page 2 City of Clearwater Printed on 7/17/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6348 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Appoint Lucas Geraldi-Smith to the Sister Cities Advisory Board, as the youth member representative, to fill the remainder of an unexpired term through October 31, 2020. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 + 1 At-large member CHAIRPERSON: MEETING DATES: Quarterly PLACE: Main Library APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: 1 City Councilmember; 1 youth member nineteen years old or younger; 1 Clearwater Sister Cities, Inc. representative nominated by organization; 1 local business community representative; 1 school board world language coordinator or designee; 1 Clearwater Arts Alliance (FKA Clearwater Arts Foundation) representative nominated by organization; 1 at-large member Representatives of Clearwater Sister Cities, Inc., the local business community, the school board’s world language coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Hannah R. Joseph - 2990 Drew St., Apt. 426, 33759 - Student Original Appointment - 10/04/18 (was currently filling an unexpired term until 10/31/20) Resigned: 5/23/19 (Youth member) Page 1 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6348 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Lucas Geraldi-Smith - 2821 Anderson Drive North, 33761 - Student (Youth member) 2. Ezekiel Joseph - 2990 Drew St., Apt. 426, 33759 - Student (Youth member) Zip codes of current members: 1 - 33710 1 - 33761 1 - 33763 1 - 34683 Page 2 City of Clearwater Printed on 7/17/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6413 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Appoint Sioux Hart to the Brownfields Advisory Board, as a Clearwater resident member, with term to expire July 31, 2023. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Joseph DeCicco MEETING DATE: As Called PLACE: Determined when called STAFF LIAISON: Chuck Lane APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER’S TERM HAS EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Barbara Green - 1101 Fairburn Ave., 33755 - Real Estate Original Appointment: 10/05/10 (2nd term expired 05/31/19) (Resident) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE Page 1 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6413 RESIDENT VACANCY: 1. Sioux Hart - 630 Fairmont St., 33755 - Tutor/Community Learning Center (Resident) Zip codes of current members: 3 at 33755 1 at 33756 1 at 33759 1 at 33770 1 at 33773 Current Categories: 3 Agency or Government rep. 2 Business Owner or rep. 2 Residents Page 2 City of Clearwater Printed on 7/17/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6446 Agenda Date: 7/18/2019 Status: Consent AgendaVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Designate Mayor Cretekos to serve as the City’s official voting delegate at the Florida League of Cities’ Annual Conference, August 15-17, 2019. (consent) SUMMARY: The Florida League of Cities’ Annual Conference will be held at the World Center Marriott in Orlando, Florida on August 15-17. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Saturday, August 17 at 9:00 a.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/17/2019 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6416 Agenda Date: 7/18/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Office of Management & Budget Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt a tentative millage rate of 5.9550 mills for fiscal year 2019/20; set public hearing dates on the budget for September 5, 2019 and September 19, 2019, to be held no earlier than 6:00 p.m., and schedule a special council meeting on Thursday, August 22 at 3:00 p.m. to fully discuss the proposed budget. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2018. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.9550 mills, the same as the current year. This rate is 6.01% more than the rolled back rate of 5.6176 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.9550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 6.01% increase from the rolled-back rate of 5.6176 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2019 compliance forms as follows: 5.9550 mills - Tentative millage rate 5.6176 mills - Rolled-back millage rate 6.5662 mills - Maximum majority vote rate 7.2228 mills - Maximum two-thirds vote rate Staff would also like to schedule a special council meeting in August to fully discuss the proposed budget. The following dates are dates available: Tuesday, August 13 at 3 p.m. and Thursday, August 22 at 3 p.m. At the July 15 work session, there was council consensus to schedule the special council meeting on Thursday, August 22. Page 1 City of Clearwater Printed on 7/17/2019 |1CITY OF CLEARWATER PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGETS myclearwater.com Fiscal Year 2019/20 |2CITY OF CLEARWATER Key points: •Balanced budget for fiscal year 2019/2020 •Same millage rate as the current year, as planned in General Fund forecast •Focused on maintaining current facilities and services •Provides an additional $3.2 million for Imagine Clearwater •Looking to the future: limiting expenditure growth –decisions to be made for Imagine Clearwater and Phillies retention will have a major impact upon our financial stability |3CITY OF CLEARWATER Total Budget (All City Operations) Amended FY 2018/19 Proposed FY 2019/20 % Inc/(Dec) $547,075,597 $542,194,290 (1%) |4CITY OF CLEARWATER All Funds Fund Amended FY 2018/19 FY 2019/20 Increase/ (Decrease) General Fund $ 150,891,885 151,993,200 1% Utility Funds 195,525,135 197,090,120 1% Enterprise Funds 11,627,611 12,205,670 5% Internal Service Funds 65,503,232 65,300,610 0% Special Revenue Funds 20,547,950 20,476,520 0% Capital Fund 102,979,784 95,128,170 (8%) |5CITY OF CLEARWATER $0 $3 $6 $9 $12 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 $10.2 $8.8 $7.6 $7.7 $8.7 $10.2 $11.2 $11.9 Property Values |6CITY OF CLEARWATER Millage Rate Current Millage Rate 5.9550 mills Proposed Millage Rate 5.9550 mills (6.01% greater than rolled-back rate) Rolled Back Rate 5.6176 mills |7CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $70 $46.2 $39.1 $37.2 $40.7 $46.5 $50.4 $63.8 $68.2 Ad Valorem Tax Revenues Million |8CITY OF CLEARWATER General Fund Revenues Source Amended FY 18/19 FY 19/20 Inc/(Dec) Ad Valorem Tax $ 60,858,200 $ 64,911,420 7% Utility Taxes 15,188,200 15,575,000 3% Other Taxes 6,649,400 6,614,400 (1%) Franchise Fees 9,748,000 10,010,000 3% Intergovernmental 23,285,629 23,499,780 1% Charges for Service 15,290,960 15,569,430 2% Transfers In 11,101,316 11,330,850 2% All Other Revenue 7,416,479 6,751,000 (9%) Transfer (to)/from Surplus 1,353,701 (2,268,680) TOTAL $ 150,891,885 $ 151,993,200 1% |9CITY OF CLEARWATER General Fund Expenditures Department Amended FY 18/19 FY 19/20 Inc/(Dec) Police $ 43,338,380 $ 44,832,880 3% Fire 28,449,354 28,532,540 0% Parks & Recreation 29,846,400 31,807,990 7% Library 7,439,790 7,871,950 6% Planning & Development 6,151,040 6,571,820 7% Engineering 7,991,796 8,330,520 4% Non-Departmental 15,198,025 10,948,640 (28%) All Other Departments 12,477,100 13,096,860 5% TOTAL $ 150,891,885 $ 151,993,200 1% |10CITY OF CLEARWATER General Fund -By Department Police 29.5% Fire / EMS 19% Parks and Recreation 21%Library 5% Engineering 5.5% Planning and Development 4% Non-Departmental 7% Adm/Other 9% Public Safety 48.5% $152.0 Million |11CITY OF CLEARWATER General Fund -By Category Personnel 62% Operating 15% Internal Service 13% Interfund Transfers 9% Debt and Capital 1% $152.0 Million |12CITY OF CLEARWATER 1,846.5 1,708.4 1,685.5 1,709.7 1790.3 1,834.6 1,836.6 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 Full Time Equivalent Positions (All Funds) |13CITY OF CLEARWATER Capital Improvement Fund Utility Operations 59% General Government 29% Internal Service 11% Small Enterprise 1% $95.1 Million |14CITY OF CLEARWATER Special Budget Meeting Tuesday, August 13 –3:00 p.m. Thursday, August 22 –3:00 p.m. |15CITY OF CLEARWATER Public Hearings Thursday, September 5 –6:00 p.m. Thursday, September 19 –6:00 p.m. |16CITY OF CLEARWATER PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGETS myclearwater.com Fiscal Year 2019/20 |1CITY OF CLEARWATER PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGETS myclearwater.com Fiscal Year 2019/20 |2CITY OF CLEARWATER Key points: •Balanced budget for fiscal year 2019/2020 •Same millage rate as the current year, as planned in General Fund forecast •Focused on maintaining current facilities and services •Provides an additional $3.2 million for Imagine Clearwater •Looking to the future: limiting expenditure growth – decisions to be made for Imagine Clearwater and Phillies retention will have a major impact upon our financial stability |3CITY OF CLEARWATER Total Budget (All City Operations) Amended FY 2018/19 Proposed FY 2019/20 % Inc/(Dec) $547,075,597 $542,194,290 (1%) |4CITY OF CLEARWATER All Funds Fund Amended FY 2018/19 FY 2019/20 Increase/ (Decrease) General Fund $ 150,891,885 151,993,200 1% Utility Funds 195,525,135 197,090,120 1% Enterprise Funds 11,627,611 12,205,670 5% Internal Service Funds 65,503,232 65,300,610 0% Special Revenue Funds 20,547,950 20,476,520 0% Capital Fund 102,979,784 95,128,170 (8%) |5CITY OF CLEARWATER $0 $3 $6 $9 $12 $11.2 $10.2 $7.9 $7.5 $8.2 $9.4 $10.2 $11.2$11.9Property Values |6CITY OF CLEARWATER Millage Rate Current Millage Rate 5.9550 mills Proposed Millage Rate 5.9550 mills (6.01% greater than rolled-back rate) Rolled Back Rate 5.6176 mills |7CITY OF CLEARWATER $0 $10 $20 $30 $40 $50 $60 $70 $46.2 $39.1 $37.2 $40.7 $46.5 $50.4 $63.8$68.2 Ad Valorem Tax Revenues Million |8CITY OF CLEARWATER General Fund Revenues Source Amended FY 18/19 FY 19/20 Inc/(Dec) Ad Valorem Tax $ 60,858,200 $ 64,911,420 7% Utility Taxes 15,188,200 15,575,000 3% Other Taxes 6,649,400 6,614,400 (1%) Franchise Fees 9,748,000 10,010,000 3% Intergovernmental 23,285,629 23,499,780 1% Charges for Service 15,290,960 15,569,430 2% Transfers In 11,101,316 11,330,850 2% All Other Revenue 7,416,479 6,751,000 (9%) Transfer (to)/from Surplus 1,353,701 (2,268,680) TOTAL $ 150,891,885 $ 151,993,200 1% |9CITY OF CLEARWATER General Fund Expenditures Department Amended FY 18/19 FY 19/20 Inc/(Dec) Police $ 43,338,380 $ 44,832,880 3% Fire 28,449,354 28,532,540 0% Parks & Recreation 29,846,400 31,807,990 7% Library 7,439,790 7,871,950 6% Planning & Development 6,151,040 6,571,820 7% Engineering 7,991,796 8,330,520 4% Non-Departmental 15,198,025 10,948,640 (28%) All Other Departments 12,477,100 13,096,860 5% TOTAL $ 150,891,885 $ 151,993,200 1% |10CITY OF CLEARWATER General Fund - By Department Police29.5% Fire / EMS 19% Parks and Recreation 21%Library5% Engineering 5.5% Planning and Development 4% Non-Departmental 7% Adm/Other 9% Public Safety 48.5% $152.0 Million |11CITY OF CLEARWATER General Fund - By Category Personnel 62% Operating 15% Internal Service 13% Interfund Transfers 9% Debt and Capital 1% $152.0 Million |12CITY OF CLEARWATER 1,846.5 1,708.4 1,685.5 1,709.7 1790.3 1,834.6 1,836.6 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 Full Time Equivalent Positions (All Funds) |13CITY OF CLEARWATER Capital Improvement Fund Utility Operations 59% General Government 29% Internal Service 11% Small Enterprise1% $95.1 Million |14CITY OF CLEARWATER Special Budget Meeting Thursday, August 22 – 3:00 p.m. |15CITY OF CLEARWATER Public Hearings Thursday, September 5 – 6:00 p.m. Thursday, September 19 – 6:00 p.m. |16CITY OF CLEARWATER PRELIMINARY ANNUAL OPERATING & CAPITAL IMPROVEMENT BUDGETS myclearwater.com Fiscal Year 2019/20 |17CITY OF CLEARWATER Homesteaded Property Save Our Homes Cap – 1.9% 2018 2019 Increase Taxable Value $113,790 $115,952 $2,162 City Taxes $677.62 $690.49 $12.87 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2019-05012 Agenda Date: 7/18/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for an unaddressed parcel on Pine Place and pass Ordinances 9287-19, 9288-19 and 9289-19 on first reading. (ANX2019-05012) SUMMARY: This voluntary annexation petition involves a 0.452-acre property consisting of one parcel of land which is currently vacant. The property is located approximately 230 feet north of Pine Place and approximately ¼ mile east of North Highland Avenue. The property is contiguous to existing city boundaries on all sides. The annexation of the property will eliminate an enclave. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The property does not currently receive any services from the City of Clearwater. The closest sanitary sewer and water lines are located to the south within the Pine Place right-of-way, and future connections would occur through the utility and drainage easement along the southeastern portion of the property. The applicant is aware that the City's sewer and water impact and assessment fees must be paid in full prior to connection and is aware of the additional costs to extend city sewer and water service to this property should it redevelop in the future. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, water, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 7/17/2019 File Number: ANX2019-05012 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. If this parcel were to develop in the future, any proposed development would be required to meet the standards of the Low Medium Density Residential (LMDR) District. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries on all sides; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/17/2019 Ordinance No. 9287-19 ORDINANCE NO. 9287-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 230 FEET NORTH OF PINE PLACE AND APPROXIMATELY ¼ MILE EAST OF NORTH HIGHLAND AVENUE, CLEARWATER, FLORIDA 33755, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal description. (ANX2019-05012) 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 Community Development Coordinator 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. 9287-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2019-05012; Parcel ID 02-29-15-00000-120-0600 ========================================================================================= FROM THE N CORNER OF SECTION 2, TOWNSHIP 29 S, RANGE 15 E, RUN S 00 07'06"E, ALONG THE N-S CENTERLINE OF SAID SECTION 2, 363.00 FEET FOR A POINT 14 CORNER OF SECTION 2, TOWNSHIP 29 S, RANGE 15 E, RUN S 00°07'06"E, ALONG THE N-S CENTERLINE OF SAID SECTION 2, 363.00 FEET FOR A POINTOF BEGINNING; THENCE RUN S89°15'23"E, PARALLEL TO THE N LINE OF THE NE 14 OF SAID SECTION 2, 133.23 FEET; THENCE RUN S01°34'59"W, 277.00 FEET; THENCERUN N89°15'23"W, 125.00 FEET; THENCE RUN N00°07'07"W, ALONG THE SAID N-S CENTERLINE, 277.00 FEET TO THE POINT OF BEGINNING.LESS THE FOLLOWING: A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND DESCRIBED AS FOLLOWS: FROM THE NORTH CORNER OF SAID SECTION 2; THENCE S00 03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OF 14 CORNER OF SAID SECTION 2; THENCE S00°03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OFBEGINNING; THENCE S89°11'34"E, PARALLEL TO THE NORTH LINE OF SAID SECTION 2, 128.74 FEET; THENCE, S01°38'48"W, 126.15 FEET; THENCE N89°11'34"W PARALLELTO THE NORTH LINE OF SAID SECTION 2, 125.00 FEET, AND TO THE INTERSECTION WITH THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2; THENCE N00°03'08"W,ALONG SAID NORTH- SOUTH CENTERLINE, 126.15 FEET TO THE POINT OF BEGINNING. AND TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN OFFICIAL RECORDS BOOK 13569, PAGE 2455, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: THE EAST 24 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND DESCRIBED AS FOLLOWS: FROM THE NORTH CORNER OF SECTION 2, THENCE S00 03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OF 14 CORNER OF SECTION 2, THENCE S00°03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OFBEGINNING; THENCE S89°11'34"E, PARALLEL TO THE NORTH LINE OF SAID SECTION 2, 128.74 FEET; THENCE S01°38'48"W, 126.15 FEET; THENCE N89°11'34"W, PARALLELTO THE NORTH LINE OF SAID SECTION 2, 125.0; THENCE N00°03'08"W, ALONG SAID NORTH-SOUTH CENTERLINE, 126.15 FEET TO THE POINT OF BEGINNING. SUBJECT TO A DRAINAGE AND UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 4682, PAGE 1190, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Exhibit B PROPOSED ANNEXATION Owner(s): Union Place LLC Case: ANX2019-05012 Site: Unaddressed Pine Place Property Size(Acres): ROW (Acres): 0.452 Land Use Zoning PIN: 02-29-15-00000-120-0600 From : Residential Urban (RU) R-R Rural Residential Atlas Page: 252B To: Residential Urban (RU) Low Medium Density Residential (LMDR) T 28 S 98322 98321 18 17 16 15 14 13 12 11 10 9 8 63 62 61 60 59 58 57 56 55 54 53 52 7 6 5 4 3 2 1 44 45 46 47 48 49 50 51 43 42 41 40 39 38 37 50 51 34 35 37 36 60 59 58 57 1 2 3 910 11 12 56 55 54 52 53 36 35 34 33 3289101112 131415161718 19 20 21 22 23 24 12/05 12/06 12/07 12/03 4.88 1.06 401.68328.66144(S)333(S)133 453465(S) 479.5 132.23 150.85128.7 126.1125126.1453150.85UN U MET252000251000T 29 S IBIS COURT50 505010 28 29 31 30 46 45 44 43 42 41 40 39 38 37 36 35 1 2 3 4 5 678 9 10 11 12 15 14 13 1 2 3 17 18 19 40PARKPARK AC(C)AC(C) UNION ST PINE PL NUGGET DR POWDERHORN DR WINDSOR DR ELM PL O A K P L 168116602039 16542073 1655163916302018 1623 16371619161816312072 2055164216662 0 6 0 204916611638204816762066 1643204216241635201216651647 2024161320541672164220361636 158516482021 16492098 16251643163116862099 2043 2013 2056 2093 2062 165015802033158615792046 16862069 2092 2051 2042 2027 2074 2068 165416152087 2075 15732086 2057 160016342080 2007 16802017 2038 2050 2081 1627 2063 2047 -Not to Scale--Not a Survey-Date: 5/9/2019 Ordinance No. 9288-19 ORDINANCE NO. 9288-19 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 UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 230 FEET NORTH OF PINE PLACE AND APPROXIMATELY ¼ MILE EAST OF NORTH HIGHLAND AVENUE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal description. Residential Urban (RU) (ANX2019-05012) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9287-19. Ordinance No. 9288-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2019-05012; Parcel ID 02-29-15-00000-120-0600 ========================================================================================= FROM THE N CORNER OF SECTION 2, TOWNSHIP 29 S, RANGE 15 E, RUN S 00 07'06"E, ALONG THE N-S CENTERLINE OF SAID SECTION 2, 363.00 FEET FOR A POINT 14 CORNER OF SECTION 2, TOWNSHIP 29 S, RANGE 15 E, RUN S 00°07'06"E, ALONG THE N-S CENTERLINE OF SAID SECTION 2, 363.00 FEET FOR A POINTOF BEGINNING; THENCE RUN S89°15'23"E, PARALLEL TO THE N LINE OF THE NE 14 OF SAID SECTION 2, 133.23 FEET; THENCE RUN S01°34'59"W, 277.00 FEET; THENCERUN N89°15'23"W, 125.00 FEET; THENCE RUN N00°07'07"W, ALONG THE SAID N-S CENTERLINE, 277.00 FEET TO THE POINT OF BEGINNING.LESS THE FOLLOWING: A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND DESCRIBED AS FOLLOWS: FROM THE NORTH CORNER OF SAID SECTION 2; THENCE S00 03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OF 14 CORNER OF SAID SECTION 2; THENCE S00°03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OFBEGINNING; THENCE S89°11'34"E, PARALLEL TO THE NORTH LINE OF SAID SECTION 2, 128.74 FEET; THENCE, S01°38'48"W, 126.15 FEET; THENCE N89°11'34"W PARALLELTO THE NORTH LINE OF SAID SECTION 2, 125.00 FEET, AND TO THE INTERSECTION WITH THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2; THENCE N00°03'08"W,ALONG SAID NORTH- SOUTH CENTERLINE, 126.15 FEET TO THE POINT OF BEGINNING. AND TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN OFFICIAL RECORDS BOOK 13569, PAGE 2455, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: THE EAST 24 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND DESCRIBED AS FOLLOWS: FROM THE NORTH CORNER OF SECTION 2, THENCE S00 03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OF 14 CORNER OF SECTION 2, THENCE S00°03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OFBEGINNING; THENCE S89°11'34"E, PARALLEL TO THE NORTH LINE OF SAID SECTION 2, 128.74 FEET; THENCE S01°38'48"W, 126.15 FEET; THENCE N89°11'34"W, PARALLELTO THE NORTH LINE OF SAID SECTION 2, 125.0; THENCE N00°03'08"W, ALONG SAID NORTH-SOUTH CENTERLINE, 126.15 FEET TO THE POINT OF BEGINNING. SUBJECT TO A DRAINAGE AND UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 4682, PAGE 1190, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Union Place LLC Case: ANX2019-05012 Site: Unaddressed Pine Place Property Size(Acres): ROW (Acres): 0.452 Land Use Zoning PIN: 02-29-15-00000-120-0600 From : Residential Urban (RU) R-R Rural Residential Atlas Page: 252B To: Residential Urban (RU) Low Medium Density Residential (LMDR) T 28 S 98322 98321 18 17 16 15 14 13 12 11 10 9 8 63 62 61 60 59 58 57 56 55 54 53 52 7 6 5 4 3 2 1 44 45 46 47 48 49 50 51 43 42 41 40 39 38 37 50 51 34 35 37 36 60 59 58 57 1 2 3 910 11 12 56 55 54 52 53 36 35 34 33 3289101112 131415161718 19 20 21 22 23 24 12/05 12/06 12/07 12/03 4.88 1.06 401.68328.66144(S)333(S)133 453465(S) 479.5 132.23 150.85128.7 126.1125126.1453150.85UN U MET252000251000T 29 S IBIS COURT50 505010 28 29 31 30 46 45 44 43 42 41 40 39 38 37 36 35 1 2 3 4 5 678 9 10 11 12 15 14 13 1 2 3 17 18 19 40PARKPARK AC(C)AC(C)I RU RL RU RU RL RU RU RL RU RU RU UNION ST PINE PL NUGGET DR POWDERHORN DR WINDSOR DR ELM PL O A K P L 168116602039 16542073 163916302018 1623 1637161916312072 164216662 0 6 0 20491661204816762066 164320421635201216651647 2024161320541672164220361636 158516482021 16492098 16251643168616552099 2043 2013 2056 2093 2062 1650158020331586157916182046 205516862069 2092 2051 16382042 2027 16242074 2068 165416152087 2075 15732086 2057 160016342080 2007 16802017 2038 2050 2081 1627 2063 2047 1631-Not to Scale--Not a Survey-Date: 5/9/2019 Ordinance No. 9289-19 ORDINANCE NO. 9289-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTY LOCATED APPROXIMATELY 230 FEET NORTH OF PINE PLACE AND APPROXIMATELY ¼ MILE EAST OF NORTH HIGHLAND AVENUE, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning 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 B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9287-19. Property Zoning District See attached Exhibit A for legal description. Low Medium Density Residential (LMDR) (ANX2019-05012) Ordinance No. 9289-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2019-05012; Parcel ID 02-29-15-00000-120-0600 ========================================================================================= FROM THE N CORNER OF SECTION 2, TOWNSHIP 29 S, RANGE 15 E, RUN S 00 07'06"E, ALONG THE N-S CENTERLINE OF SAID SECTION 2, 363.00 FEET FOR A POINT 14 CORNER OF SECTION 2, TOWNSHIP 29 S, RANGE 15 E, RUN S 00°07'06"E, ALONG THE N-S CENTERLINE OF SAID SECTION 2, 363.00 FEET FOR A POINTOF BEGINNING; THENCE RUN S89°15'23"E, PARALLEL TO THE N LINE OF THE NE 14 OF SAID SECTION 2, 133.23 FEET; THENCE RUN S01°34'59"W, 277.00 FEET; THENCERUN N89°15'23"W, 125.00 FEET; THENCE RUN N00°07'07"W, ALONG THE SAID N-S CENTERLINE, 277.00 FEET TO THE POINT OF BEGINNING.LESS THE FOLLOWING: A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND DESCRIBED AS FOLLOWS: FROM THE NORTH CORNER OF SAID SECTION 2; THENCE S00 03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OF 14 CORNER OF SAID SECTION 2; THENCE S00°03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OFBEGINNING; THENCE S89°11'34"E, PARALLEL TO THE NORTH LINE OF SAID SECTION 2, 128.74 FEET; THENCE, S01°38'48"W, 126.15 FEET; THENCE N89°11'34"W PARALLELTO THE NORTH LINE OF SAID SECTION 2, 125.00 FEET, AND TO THE INTERSECTION WITH THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2; THENCE N00°03'08"W,ALONG SAID NORTH- SOUTH CENTERLINE, 126.15 FEET TO THE POINT OF BEGINNING. AND TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN OFFICIAL RECORDS BOOK 13569, PAGE 2455, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: THE EAST 24 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND DESCRIBED AS FOLLOWS: FROM THE NORTH CORNER OF SECTION 2, THENCE S00 03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OF 14 CORNER OF SECTION 2, THENCE S00°03"08"E, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 2, 513.85 FEET TO THE POINT OFBEGINNING; THENCE S89°11'34"E, PARALLEL TO THE NORTH LINE OF SAID SECTION 2, 128.74 FEET; THENCE S01°38'48"W, 126.15 FEET; THENCE N89°11'34"W, PARALLELTO THE NORTH LINE OF SAID SECTION 2, 125.0; THENCE N00°03'08"W, ALONG SAID NORTH-SOUTH CENTERLINE, 126.15 FEET TO THE POINT OF BEGINNING. SUBJECT TO A DRAINAGE AND UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 4682, PAGE 1190, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Exhibit B PROPOSED ZONING MAP Owner(s): Union Place LLC Case: ANX2019-05012 Site: Unaddressed Pine Place Property Size(Acres): ROW (Acres): 0.452 Land Use Zoning PIN: 02-29-15-00000-120-0600 From : Residential Urban (RU) R-R Rural Residential Atlas Page: 252B To: Residential Urban (RU) Low Medium Density Residential (LMDR) T 28 S 98322 98321 18 17 16 15 14 13 12 11 10 9 8 63 62 61 60 59 58 57 56 55 54 53 52 7 6 5 4 3 2 1 44 45 46 47 48 49 50 51 43 42 41 40 39 38 37 50 51 34 35 37 36 60 59 58 57 1 2 3 910 11 12 56 55 54 52 53 36 35 34 33 3289101112 131415161718 19 20 21 22 23 24 12/05 12/06 12/07 12/03 4.88 1.06 401.68328.66144(S)333(S)133 453465(S) 479.5 132.23 150.85128.7 126.1125126.1453150.85UN U MET252000251000T 29 S IBIS COURT50 505010 28 29 31 30 46 45 44 43 42 41 40 39 38 37 36 35 1 2 3 4 5 678 9 10 11 12 15 14 13 1 2 3 17 18 19 40PARKPARK AC(C)AC(C)LMDR I LMDRMDRUNION ST PINE PL NUGGET DR POWDERHORN DR WINDSOR DR ELM PL O A K P L 168116602039 16542073 16551639201816371619 16312072 2055164216662 0 6 0 204916611638204816762066 164320421635201216651647 202416132054167216422036 158516482021 16492098 16251627 1643163116862099 2043 2013 2056 2093 16302062 16501580203315861623157916182046 16862069 2092 2051 2042 2027 16242074 2068 165416152087 2075 15732086 16362057 160016342080 2007 16802017 2038 2050 2081 2063 2047 -Not to Scale--Not a Survey-Date: 5/13/2019 LOCATION MAP Owner(s): Union Place LLC Case: ANX2019-05012 Site: Unaddressed Pine Place Property Size(Acres): ROW (Acres): 0.452 Land Use Zoning PIN: 02-29-15-00000-120-0600 From : Residential Urban (RU) R-R Rural Residential Atlas Page: 252B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST NUGGET DR SOUVENIR DR PINE PL N HIGHLAND AVE ALGONQUIN DR B Y R A M D R WINDSOR DR POWDERHORN DR ELM PL PICARDY CIR OAK PL WINDSOR PL STRATHMILL DR HUNTINGTON LN KRUSE LN ^ PROJECT SITE -Not to Scale--Not a Survey-Date: 5/10/2019 AERIAL PHOTOGRAPH Owner(s): Union Place LLC Case: ANX2019-05012 Site: Unaddressed Pine Place Property Size(Acres): ROW (Acres): 0.452 Land Use Zoning PIN: 02-29-15-00000-120-0600 From : Residential Urban (RU) R-R Rural Residential Atlas Page: 252B To: Residential Urban (RU) Low Medium Density Residential (LMDR) UNION ST UNION ST PINE PL PINE PL NUGGET DR NUGGET DR POWDERHORN DR POWDERHORN DR WINDSOR DR WINDSOR DR ELM PL ELM PL O A K P L O A K P L -Not to Scale--Not a Survey-Date: 5/9/2019 EXISTING SURROUNDING USES MAP Owner(s): Union Place LLC Case: ANX2019-05012 Site: Unaddressed Pine Place Property Size(Acres): ROW (Acres): 0.452 Land Use Zoning PIN: 02-29-15-00000-120-0600 From : Residential Urban (RU) R-R Rural Residential Atlas Page: 252B To: Residential Urban (RU) Low Medium Density Residential (LMDR) T 28 S 98322 98321 18 17 16 15 14 13 12 11 10 9 8 63 62 61 60 59 58 57 56 55 54 53 52 7 6 5 4 3 2 1 44 45 46 47 48 49 50 51 43 42 41 40 39 38 37 50 51 34 35 37 36 60 59 58 57 1 2 3 910 11 12 56 55 54 52 53 36 35 34 33 3289101112 131415161718 19 20 21 22 23 24 12/05 12/06 12/07 12/03 4.88 1.06 401.68328.66144(S)333(S)133 453465(S) 479.5 132.23 150.85128.7 126.1125126.1453150.85UN U MET252000251000T 29 S IBIS COURT50 505010 28 29 31 30 46 45 44 43 42 41 40 39 38 37 36 35 1 2 3 4 5 678 9 10 11 12 15 14 13 1 2 3 17 18 19 40PARKPARK AC(C)AC(C) UNION ST PINE PL NUGGET DR POWDERHORN DR WINDSOR DR ELM PL O A K P L 168116602039 16542073 1655163916302018 1623 16371619161816312072 2055164216662 0 6 0 204916611638204816762066 1643204216241635201216651647 2024161320541672164220361636 158516482021 16492098 16251643163116862099 2043 2013 2056 2093 2062 165015802033158615792046 16862069 2092 2051 2042 2027 2074 2068 165416152087 2075 15732086 2057 160016342080 2007 16802017 2038 2050 2081 1627 2063 2047 -Not to Scale--Not a Survey-Date: 5/9/2019 Single Family Residential Single Family Residential Single Family Residential Church Single Family Residential Counseling Center ANX2019-05012 Union Place LLC Unaddressed Pine Place View looking north from the subject property, towards 1615 Union Street View looking west from the subject property, 2069 Powderhorn Drive View looking east from the subject property, towards 1625 Union Street View looking south from the subject property, towards 1600 Pine Place View looking north at the subject property from the access easement. View looking south towards the access easement and Pine Place Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2019-05013 Agenda Date: 7/18/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 815 Glen Oak Avenue E. and 3053 Terrace View Lane, and pass Ordinances 9290-19, 9291-19, and 9292-19 on first reading. (ANX2019-05013) SUMMARY: These voluntary annexation petitions involve two parcels of land totaling 0.374 acres, occupied by single-family homes. The properties are generally located north of Drew Street, south of SR 590, and within ¼ mile west of McMullen Booth Road. The applicants are requesting annexation to receive sanitary sewer and solid waste service from the City and have already been connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer Extension Project. The properties are contiguous to existing city limits along at least one boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water and sanitary sewer service from the City of Clearwater. Collection of solid waste will be provided to the parcels by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Page 1 City of Clearwater Printed on 7/17/2019 File Number: ANX2019-05013 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category to be assigned to both properties is consistent with the Countywide Plan designation. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed the District’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The properties proposed for annexation are contiguous to existing city limits along at least one boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/17/2019 Ordinance No. 9290-19 ORDINANCE NO. 9290-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3053 TERRACE VIEW LANE AND 815 GLEN OAK AVENUE E., ALL WITHIN CLEARWATER, FLORIDA 33759 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 properties 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 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. (ANX2019-05013) 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. 9290-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-05013 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-002-0070 Lot 7, Block B 3053 Terrace View Lane 2. 09-29-16-45126-003-0070 Lot 7, Block C 815 Glen Oak Avenue E The above in Kapok Terrace, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. Exhibit B 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE LAKE LOUISE 20808 82890 45126 05311 C E F C D G B AH I 234 5 6 7 8 9 10 11 12131415161718192021222324 1 2 3 45 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 2 3 4 5 6 7 8 9101112 234567 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 2345678911 1 2 3 4 13141516 17 18 19 20 29303132 33 34 35 36 53 N (14) 1 2 3 4 5 8 9 10 11 12 3 32/01 31/01 5 1.57 AC(C) AC (C)MOSS AVE MERRILL AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N GLEN OAK AVE ETERRACE VIEW LN THOMAS RD SAN MATEO ST 601 511510 600 920 7 1 2 906 807 801 906 809 801 917 918 8 0 6 900 907 923 911 932 924 800 301330063003301231183024302630183012912 701 602 910 607 911 901 916 707 904 915 914 8 0 0 815 808 908 708 30773013305230413030304931073019311330703006304130413071304130703055304631193108305230123047307630653041304730363025306130353010304230233020304030723113300730813046303130193119303630803060304430343029301230183040307430253006305830243065305330643063304730473071312030463064310230403053307630593059300730583035304830693021305330753035311431003030307730243057304031123050-Not to Scale--Not a Survey-Rev. 05/07/19 PROPOSED ANNEXATION Owner(s): Michelle Crenshaw James E. Clarke & Elaine M. Clarke Case: ANX2019-05013 Site: 3053 Terrace View Lane 815 Glen Oak Avenue E. Property Size(Acres): ROW (Acres): 0.374 Land Use Zoning PIN: 09-29-16-45126-002-0070 09-29-16-45126-003-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9291-19 ORDINANCE NO. 9291-19 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 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3053 TERRACE VIEW LANE AND 815 GLEN OAK AVENUE E., ALL WITHIN 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: Properties Land Use Category See attached Exhibit A for Legal Descriptions. Residential Low (RL) (ANX2019-05013) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9290-19. Ordinance No. 9291-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-05013 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-002-0070 Lot 7, Block B 3053 Terrace View Lane 2. 09-29-16-45126-003-0070 Lot 7, Block C 815 Glen Oak Avenue E The above in Kapok Terrace, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. Exhibit B 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE LAKE LOUISE 20808 82890 45126 05311 C E F C D G B AH I 234 5 6 7 8 9 10 11 12131415161718192021222324 1 2 3 45 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 2 3 4 5 6 7 8 9101112 234567 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 2345678911 1 2 3 4 13141516 17 18 19 20 29303132 33 34 35 36 53 N (14) 1 2 3 4 5 8 9 10 11 12 3 32/01 31/01 5 1.57 AC(C) AC (C)N McMULLEN BOOTH RD MOSS AVE MERRILL AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N GLEN OAK AVE ETERRACE VIEW LN THOMAS RD SAN MATEO ST RL CG RL RL RL RL RL RL CG RL RL RU RH RU RL RU511510 600 712 906 807 801 701 602 906 809 8 0 1 917 918 8 0 6 607 911 901 707 904 900 914 907 8 0 0 923 808 911 932 924 708 800 3077305230413030304930193070300630133041304130713006304130703055304630523047307630653041303630253061303530123010304230233020304030723113300730813046303130193036308030603118304430243034302930123018304030743026302530063058306530533064306330473047307131203046306430183102307630593059305830353048306930213012305330753035311431003030307730243057304031123050601 920 912 910 916 915 815 908 3013310731133003311931083012304731193024304030533007-Not to Scale--Not a Survey-Rev. 05/07/19 PROPOSED FUTURE LAND USE MAP Owner(s): Michelle Crenshaw James E. Clarke & Elaine M. Clarke Case: ANX2019-05013 Site: 3053 Terrace View Lane 815 Glen Oak Avenue E. Property Size(Acres): ROW (Acres): 0.374 Land Use Zoning PIN: 09-29-16-45126-002-0070 09-29-16-45126-003-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9292-19 ORDINANCE NO. 9292-19 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 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3053 TERRACE VIEW LANE AND 815 GLEN OAK AVENUE E.,ALL WITHIN 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 B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9290-19. Properties Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2019-05013) Ordinance No. 9292-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ANX2019-05013 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-45126-002-0070 Lot 7, Block B 3053 Terrace View Lane 2. 09-29-16-45126-003-0070 Lot 7, Block C 815 Glen Oak Avenue E The above in Kapok Terrace, as recorded in PLAT BOOK 36, PAGE 14 AND 15, of the Public Records of Pinellas County, Florida. Exhibit B 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE LAKE LOUISE 20808 82890 45126 05311 C E F C D G B AH I 234 5 6 7 8 9 10 11 12131415161718192021222324 1 2 3 45 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 2 3 4 5 6 7 8 9101112 234567 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 2345678911 1 2 3 4 13141516 17 18 19 20 29303132 33 34 35 36 53 N (14) 1 2 3 4 5 8 9 10 11 12 3 32/01 31/01 5 1.57 AC(C) AC (C)N McMULLEN BOOTH RD MOSS AVE MERRILL AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N GLEN OAK AVE ETERRACE VIEW LN THOMAS RD SAN MATEO ST LMDR C HDR 601 511510 600 920 7 1 2 906 807 801 906 809 8 0 1 917 918 8 0 6 707 900 907 923 911 932 924 80030133030 300630033108301230233020300730193036306031183044302430263024301830073012305731123050912 701 602 910 607 911 901 916 904 915 914 8 0 0 815 808 908 708 307730523041304931073019311330703006301330413041307130413070305530463119305230123047307630653041304730363025306130353010304230403072311330813046303131193080303430293012301830403074302530063058306530533064306330473047307131203046306431023040305330763059305930583035304830693021305330753035311431003030307730243040-Not to Scale--Not a Survey-Rev. 05/07/19 PROPOSED ZONING MAP Owner(s): Michelle Crenshaw James E. Clarke & Elaine M. Clarke Case: ANX2019-05013 Site: 3053 Terrace View Lane 815 Glen Oak Avenue E. Property Size(Acres): ROW (Acres): 0.374 Land Use Zoning PIN: 09-29-16-45126-002-0070 09-29-16-45126-003-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST MOSS AVE N McMULLEN BOOTH RD MADERA AVE MERRILL AVE CHAMBLEE LN MONTEREY AVE HOYT AVE BORDEAUX LN SAN JOSE ST GRAND VIEW AVE SAN PEDRO ST WOLFE RD GLEN OAK AVE N THOMAS RD KAPOK KOVE DR SAN MATEO ST CALAIS LN SAN MATEO ST L A K E V IS T A D R GLEN OAK AVE ETERRACE VIEW LN ^-Not to Scale--Not a Survey-Rev. 05/07/19 ^ LOCATION MAP Owner(s): Michelle Crenshaw James E. Clarke & Elaine M. Clarke Case: ANX2019-05013 Site: 3053 Terrace View Lane 815 Glen Oak Avenue E. Property Size(Acres): ROW (Acres): 0.374 Land Use Zoning PIN: 09-29-16-45126-002-0070 09-29-16-45126-003-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N GLEN OAK AVE EGLEN OAK AVE ETERRACE VIEW LN TERRACE VIEW LN THOMAS RD THOMAS RD SAN MATEO ST SAN MATEO ST SAN BERNADINO ST SAN BERNADINO ST -Not to Scale--Not a Survey-Rev. 05/07/19 AERIAL PHOTOGRAPH Owner(s): Michelle Crenshaw James E. Clarke & Elaine M. Clarke Case: ANX2019-05013 Site: 3053 Terrace View Lane 815 Glen Oak Avenue E. Property Size(Acres): ROW (Acres): 0.374 Land Use Zoning PIN: 09-29-16-45126-002-0070 09-29-16-45126-003-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 27 28 29 30 31 32 33 34 35 36 37 38 LAKE LOUISE LAKE LOUISE 20808 82890 45126 05311 C E F C D G B AH I 234 5 6 7 8 9 10 11 12131415161718192021222324 1 2 3 45 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 2 3 4 5 6 7 8 9101112 234567 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 2345678911 1 2 3 4 13141516 17 18 19 20 29303132 33 34 35 36 53 N (14) 1 2 3 4 5 8 9 10 11 12 3 32/01 31/01 5 1.57 AC(C) AC (C)MOSS AVE MERRILL AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N GLEN OAK AVE ETERRACE VIEW LN THOMAS RD SAN MATEO ST 601 511510 600 920 7 1 2 906 807 801 906 809 801 917 918 8 0 6 900 907 923 911 932 924 800 301330063003301231183024302630183012912 701 602 910 607 911 901 916 707 904 915 914 8 0 0 815 808 908 708 30773013305230413030304931073019311330703006304130413071304130703055304631193108305230123047307630653041304730363025306130353010304230233020304030723113300730813046303130193119303630803060304430343029301230183040307430253006305830243065305330643063304730473071312030463064310230403053307630593059300730583035304830693021305330753035311431003030307730243057304031123050-Not to Scale--Not a Survey-Rev. 05/07/19 EXISTING SURROUNDING USES MAP Owner(s): Michelle Crenshaw James E. Clarke & Elaine M. Clarke Case: ANX2019-05013 Site: 3053 Terrace View Lane 815 Glen Oak Avenue E. Property Size(Acres): ROW (Acres): 0.374 Land Use Zoning PIN: 09-29-16-45126-002-0070 09-29-16-45126-003-0070 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential View looking south at subject property, 3053 Terrace View Lane West of subject property East of subject property North of subject property, across Terrace View Lane ANX2019-05013 Michelle Crenshaw 3053 Terrace View Lane View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane View looking east at subject property, 815 Glen Oak Ave. E. North of subject property South of subject property West of subject property, across Glen Oak Avenue E. ANX2019-05013 Elaine M. Clarke & James E. Clarke 815 Glen Oak Avenue E. View looking northerly along Moss Avenue View looking southerly along Moss Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2019-03001 Agenda Date: 7/18/2019 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map amendment from the Residential Low (RL) category to the Residential Urban (RU) category for 3003 Merrill Avenue, 3025 Merrill Avenue and 512 Moss Avenue, and pass Ordinance 9283-19 on first reading. (LUP2019-03001) SUMMARY: This future land use amendment involves three parcels of land located on the south side of Merrill Avenue and west of Moss Avenue, approximately 705 feet west of McMullen Booth Road. Saxony Company Inc. owns the easternmost parcel, 510 Moss Avenue, which is about 0.20 acres. They also own the middle plot, 3025 Merrill Avenue, which is about 0.70 acres, in conjunction with Advanta IRA Services. The western parcel, 3003 Merrill Avenue, is approximately 0.40 acres and is owned by Robin J. Sloan. The three parcels combined are a total of 1.30 acres. The request is to change the properties’ Future Land Use Map designation from Residential Low (RL) to Residential Urban (RU). There is no need to request a rezoning of the properties as the current Low Medium Density Residential (LMDR) District is consistent with the proposed future land use designation. Currently, there is a single-family dwelling on each parcel. The applicant has indicated the intent is to redevelop at least two of the parcels, 510 Moss Avenue and 3025 Merrill Avenue, with detached dwellings that fit the need of the market, with a smaller footprint allowing them to make better use of the limited area they have available. However, no site plan application has been submitted at this time. The property owner of 3003 Merrill Avenue has requested the same changes to her property so that all three parcels within the block, on the south side of Merrill Avenue would have the same future land use. The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·The proposed amendment is compatible with the surrounding properties and character of the neighborhood. ·Sufficient public facilities are available to serve the properties. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of the property in the immediate area. Page 1 City of Clearwater Printed on 7/17/2019 File Number: LUP2019-03001 The underlying Countywide Plan Map category on the proposed amendment area is consistent with the proposed City of Clearwater future use land designation of Residential Urban (RU); therefore, no amendment is required to the Countywide Plan Map. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its June 18, 2019 public hearing and made a unanimous recommendation of approval to the council. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/17/2019 Ordinance No. 9283-19 ORDINANCE NO. 9283-19 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 CERTAIN REAL PROPERTIES LOCATED GENERALLY ON THE SOUTH SIDE OF MERRILL AVENUE, 705 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3003 MERRILL AVENUE, 3025 MERRILL AVENUE AND 510 MOSS AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759, FROM RESIDENTIAL LOW (RL) TO RESIDENTIAL URBAN (RU); 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, as follows: Properties Land Use Category See attached Exhibit A; From: Residential Low (RL) To: Residential Urban (RU) (LUP2019-03001) 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 approval of the land use designation 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 Ordinance No. 9283-19 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 Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS LUP2019-03001 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 09-29-16-88245-000-0010 Lot 01 3003 Merrill Avenue The above in Sunset Valley Subdivision, as recorded in PLAT BOOK 42, PAGE 54, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 2. 09-29-16-82890-000-0010 Lot 01 3025 Merrill Avenue The above in Sloan’s Acre, as recorded in PLAT BOOK 42, PAGE 46, of the Public Records of Pinellas County, Florida. No. Parcel ID Lot No., Block No. Address 3. 09-29-16-45144-015-0010 Lot 01, Block O 510 Moss Avenue The above in Kapok Terrace 1st Addition, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of Pinellas County, Florida. Exhibit B 742.81667.84LAKELAKE LOUISE LAKE LOUISE B AH O N J I 6 7 8 910111213 2345678910 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 (14) 1 2 3 4 5 6 7 8 9 10 11 12 442.19 1161.9 588588138138442.19 442.19 138138VAC 50 C MERRILL AVE MOSS AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD R/OS RL RL RL RL RL RL RL 601 511 505 600 7 1 2 708 30063019301330063046301230003023300130073030302430263052301830533057510 701 602 3077305930773052307030703041307130413070304130473031300330463052301230763041306530473076303530103040308130463053304030253058306530643053306330473047307130253064307630593059305830693040307530533035305830773035306430713065-Not to Scale--Not a Survey-Date. 4/18/2019 Eddie C. Moore Rec. Complex Future Land Use Map Owner(s): Robin Sloan Advanta IRA Services LLC Saxony Company Inc Case: LUP2019-03001 Site: 3003 Merrill Avenue 3025 Merrill Avenue 510 Moss Avenue Property Size(Acres): 1.30 Land Use Zoning PIN: 09-29-16-88245-000-0010 09-29-16-82890-000-0010 09-29-16-45144-015-0010 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 283A PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: June 18, 2019 AGENDA ITEM: G.1. CASE: LUP2019-03001 REQUEST: To amend the Future Land Use Map designation from Residential Low (RL) to Residential Urban (RU) GENERAL DATA: Applicant ......................... Richard Zacchigna Owner ............................. Saxony Company Inc, Advanta IRA Services LLC, Robin J. Sloan Location .......................... 510 Moss Avenue, located at the southwestern corner of Merrill Avenue and Moss Avenue; 3025 Merrill Avenue and 3003 Merrill Avenue, located adjacent to the west, along the south side of Merrill Avenue. Property Size ................... 1.30 acres Background: This case involves three parcels of land located on the south side of Merrill Avenue and west of Moss Avenue, approximately 705 feet west of McMullen Booth Road. Saxony Company Inc. owns the easternmost parcel, 510 Moss Avenue, which is about 0.20 acres. They also own the middle plot, 3025 Merrill Avenue, which is about 0.70 acres, in conjunction with Advanta IRA Services. The western parcel, 3003 Merrill Avenue, is approximately 0.40 acres and is owned by Robin J. Sloan. The three parcels combined are a total of 1.30 acres. The request is to change the properties’ Future Land Use Map designation from Residential Low (RL) to Residential Urban (RU). There is no need to request a rezoning of the properties as the current Low Medium Density Residential (LMDR) District is consistent with the proposed future land use designation. Currently there is a single-family dwelling on each parcel. The applicant is the President of Saxony Company, which owns two of the three parcels. Mr. Zacchigna has indicated the intent is to redevelop at least two of the parcels, 510 Moss Avenue and 3025 Merrill Avenue, with detached dwellings that fit the need of the market, with a smaller footprint allowing them to make better use of the limited area they have available. However, no site plan application has been submitted at this time. Ms. Sloan has requested the same changes to her property so that all three parcels within the block, on the south side of Merrill Avenue, would have the same future land use. Community Development Board – June 18, 2019 LUP2019-03001 - Page 2 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Maps 1 and 2 show the general location of the properties and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. To the north and east, there are single family homes. West of the subject properties is Kapok Park, and a 1.4-acre vacant (unincorporated) property abuts to the south of the amendment area. Farther south of the subject parcels is Eddie C. Moore Softball Complex. Map 3 Community Development Board – June 18, 2019 LUP2019-03001 - Page 3 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential Low (RL) to the north, south and east, and Preservation (P) to the west of the subject properties. Recreation/Open Space (R/OS) is farther south. A comparison between the uses, densities, and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Map 4 Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential Low (RL) Requested FLUM Designation Residential Urban (RU) Primary Uses: Low Density Residential; Residential Equivalent Urban Low Density Residential; Residential Equivalent Maximum Density: 5.0 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.40; ISR 0.65 Consistent Zoning Districts: Low Medium Density Residential (LMDR); Low Medium Density Residential (LMDR); Medium Density Residential (MDR) P Community Development Board – June 18, 2019 LUP2019-03001 - Page 4 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.4. Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through the application of the Clearwater Community Development Code. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single family residential uses as well as the sports complex to the south. The applicant intends to develop the middle parcel with single-family houses. Overall, the density of development permitted by the proposed amendment is slightly more than what is permitted by the current land use designation. The change would allow one additional unit on the middle parcel, which would be consistent with the character of the neighborhood and would increase housing within the City’s urban service area. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). As illustrated in Table 1, the difference in the number of possible units within the existing land use regulations, and the proposed change is 3 units. Original zone designation allows a total of 6 units, and the proposed amendment would allow a total of 9 units. The additional density permitted under the proposed amendment would allow for up to three additional units to be constructed on this parcel which is necessary for the project to be cost feasible, according to the applicant. Currently, the subject area is occupied by three single-family houses, which compared with the number of existing dwellings across Merrill Avenue, makes evident the potential to add at least three units on the proposed amendment area. This increment would be possible only if the three existing single-family houses are removed and replaced. Otherwise, the increase in the number of units would be limited to one or two single-family homes depending on the total area to redevelop. Community Development Board – June 18, 2019 LUP2019-03001 - Page 5 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objectives, and policy listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Residential Low Medium (RLM), which is consistent with the proposed City of Clearwater future land use designation of Residential Urban (RU). No amendment would be required to the Countywide Plan Map. Section 2.3.3.2 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed use, as indicated by the applicant, will be additional residential units, which is an appropriate use within the area and consistent with the proposed and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of single-family homes to the east, west, and north. The abutting parcel to the west is a park, and farther to the south, there is a recreational facility. The current and proposed uses of the amendment area as residential are compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Residential Urban (RU) future land use category is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the properties under the present and requested City Future Land Use Map designations were analyzed. Community Development Board – June 18, 2019 LUP2019-03001 - Page 6 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RL” Requested FLUM Designation “RU” Net Change Site Area 1.30 AC (56,628 SF) 1.30 AC (56,6281 SF) Maximum Development Potential 6 DUs 0 SF1 0.40 FAR 9 DUs 0 SF1 0.40 FAR +3 DUs 0 SF 0 FAR Notes: 1. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Medium Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is generally an increase in development potential across the amendment area. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with 9 detached dwellings to the maximum development potential of the existing Residential Low (RL) future land use which allows a total of 6 detached houses. Potable Water The change in development potential from this amendment would result in an increase in potable water use of up to 846 gallons per day. This increase is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (2,538 gallons per day) and subtracting from it the potential granted by the current land use designation (1,692 gallons per day). The City’s current potable water demand is 10.42 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in an increase in wastewater use of up to 761 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (2,284 gallons per day) and subtracting from it the potential usage of the residential use built out at the maximum number of dwellings permitted by the current land use designation (1,523 gallons per day). The subject properties are served by the Northeast Water Reclamation Facility, which presently has excess permitted capacity estimated to be 5.2 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Community Development Board – June 18, 2019 LUP2019-03001 - Page 7 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Solid Waste The change in development potential from this amendment would increase to 7.6 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (22.8 tons per year) and subtracting from it the potential allowed by the current land use designation (15.2 tons per year). Pinellas County handles all solid waste disposal at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is an excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the properties can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject properties are located on the south side of Merrill Avenue approximately 1,295 feet north of Drew Street, and 705 feet west of McMullen Booth Road. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. Since the Countrywide Plan Map category of Residential Low Medium (RLM) is not changing, the traffic generation rate of 67 trips per day per acre or 88 trips for the subject properties remains the same for the proposed amendment. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would increase the demand on several public facilities but will not result in the degradation of the current levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject properties. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirement Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject properties. Community Development Board – June 18, 2019 LUP2019-03001 - Page 8 of 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Residential Low (RL) to Residential Urban (RU). Prepared by Planning and Development Department Staff: ATTACHMENTS: Ordinance No. 9283-19 Resume Photographs of Site and Vicinity Diego Guevara Senior Planner DREW ST MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN ^ PROJECT SITE -Not to Scale--Not a Survey-Date. 4/18/2019 Location Map Owner(s): Robin Sloan Advanta IRA Services LLC Saxony Company Inc Case: LUP2019-03001 Site: 3003 Merrill Avenue 3025 Merrill Avenue 510 Moss Avenue Property Size(Acres): 1.30 Land Use Zoning PIN: 09-29-16-88245-000-0010 09-29-16-82890-000-0010 09-29-16-45144-015-0010 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 283A C MERRILL AVE MERRILL AVE MOSS AVE MOSS AVE HOYT AVE HOYT AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD -Not to Scale--Not a Survey-Date. 4/18/2019 Eddie C. Moore Rec. Complex Aerial Map Owner(s): Robin Sloan Advanta IRA Services LLC Saxony Company Inc Case: LUP2019-03001 Site: 3003 Merrill Avenue 3025 Merrill Avenue 510 Moss Avenue Property Size(Acres): 1.30 Land Use Zoning PIN: 09-29-16-88245-000-0010 09-29-16-82890-000-0010 09-29-16-45144-015-0010 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 283A 742.81667.84LAKELAKE LOUISE LAKE LOUISE B AH O N J I 6 7 8 910111213 2345678910 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 (14) 1 2 3 4 5 6 7 8 9 10 11 12 442.19 1161.9 588588138138442.19 442.19 138138VAC 50 MERRILL AVE MOSS AVE HOYT AVE GRAND VIEW AVE N McMULLEN BOOTH RD 601 511 505 600 7 1 2 708 30063019301330063046301230003023300130073030302430263052301830533057510 701 602 3077305930773052307030703041307130413070304130473031300330463052301230763041306530473076303530103040308130463053304030253058306530643053306330473047307130253064307630593059305830693040307530533035305830773035306430713065-Not to Scale--Not a Survey-Date. 4/18/2019 Eddie C. Moore Rec. Complex Existing Surrounding Use Map Owner(s): Robin Sloan Advanta IRA Services LLC Saxony Company Inc Case: LUP2019-03001 Site: 3003 Merrill Avenue 3025 Merrill Avenue 510 Moss Avenue Property Size(Acres): 1.30 Land Use Zoning PIN: 09-29-16-88245-000-0010 09-29-16-82890-000-0010 09-29-16-45144-015-0010 From: Residential Low (RL) Low Medium Density Residential (LMDR) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 283A Single Family Residential Single Family Residential Vacant LUP2019-03001 Saxony Company Inc. & others 510 Moss Ave. 3025 Merrill Ave. 3003 Merrill Ave. Page No. 1 View looking west at 510 Moss Avenue View looking south at 3025 Merrill Avenue View looking south at 510 Moss Avenue View looking south at 3003 Merrill Avenue East of amendment area, across 510 Moss Avenue North of amendment area, across 510 Moss Avenue LUP2019-03001 Saxony Company Inc. & others 510 Moss Ave. 3025 Merrill Ave. 3003 Merrill Ave. Page No. 2 North of amendment area, across 3025 Merrill Avenue View looking easterly along Merrill Avenue North of amendment area, across 3003 Merrill Avenue View looking westerly along Merrill Avenue View looking northerly along Moss Avenue View looking southerly along Moss Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6368 Agenda Date: 7/18/2019 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve a Development Agreement between East Shore International Enterprises, LLC and 411 E S (property owner) and the City of Clearwater, providing for the allocation of eight units from the Hotel Density Reserve pursuant to Beach by Design, adopt Resolution 19-06, and authorize the appropriate officials to execute same. (HDA2019-03001; 400/405/408/409/411 East Shore Drive) SUMMARY: Development Proposal: No changes have been made to the Development Proposal, Agreement, Conceptual Site Plan or Conceptual Elevations presented at the June 20, 2019 city ouncil meeting. The owners propose to utilize the otherwise permitted density of 50 units per acre or 55 units and incorporate an additional eight units from the Hotel Density Reserve through Beach by Design and an additional 11 units which the applicant intends to transfer to the site through a Level Two Transfer of Development Rights application resulting in a total of 74 units (66.367 units per acre). The building will be 65 feet in height (from Base Flood Elevation) to roof as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design for property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible boardwalk. In addition to the proposed boardwalk, the applicant is also providing a publically-accessible seating pavilion on the hotel property and adjacent to the proposed boardwalk further adding to the pedestrian experience. All existing docks will be removed and replaced with two docks containing a total of 57 slips of which 35 will be for the exclusive use of hotel guests and 22 will be for public use. This will result in two uses being established on the property; a hotel and a marina facility. The Development Agreement includes specific language to limit the specific activities which may take place on the site ensuring that the “marina facility” component of the site will be compatible with the overnight accommodations component of the site as well as adjacent and surrounding uses. Specifically, activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment be strictly prohibited and that the marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. Consistency with the Community Development Code: No changes have been made to the Conceptual Site Plan and Elevations presented at the June 20, 2019 council meeting. The Conceptual Site Plan and Elevations continue to appear to be consistent with the CDC with regard to: Page 1 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6368 §Minimum Lot Area and Width §Minimum Setbacks §Maximum Height §Minimum Off-Street Parking §Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan and Elevations presented at the June 20, 2019 council meeting. The Conceptual Site Plan and Elevations continue to appear to be consistent with the Beach by Design with regard to: §Design Guidelines. §Height. §The provision of a publicly accessible boardwalk and walkway to access the boardwalk. §Hotel Density Reserve. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements and is consistent with the Comprehensive Plan. The proposed Development Agreement would be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for the allocation of eight units from the Hotel Density Reserve; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; §Requires the developer to provide a publically accessible boardwalk to utilize the Height Bonus in accordance with Beach by Design; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; §Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; §Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; §That no hotel room in a hotel allocated units from the Reserve will have a full kitchen; §That a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and §Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 Page 2 City of Clearwater Printed on 7/17/2019 File Number: ID#19-6368 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to eight units from the Hotel Density Reserve under Beach by Design. Page 3 City of Clearwater Printed on 7/17/2019 1 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the day of , 2019, and entered into between EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.11 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to provide 74 overnight accommodation units, pool, lobby, roof top sun deck and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B” (collectively, the improvements are the “Project”); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned hotel will contain 74 overnight accommodation units, which includes 8 units from the available Hotel Density Reserve (“Reserve Units”); and 11 Units from TDR's to be acquired. 2 WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on , 201 , the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a Land Use designation of Resort Facilities High (RFH) and is Zoned Tourist (T). 3.2. The Property is owned in Fee Simple or under contract to be owned in Fee Simple by the Developer. 3.3 The Property is generally located at 405, 408, 409 & 411 East Shore Drive, Clearwater, FL 33767 as further described in Exhibit “A”. 3 SECTION 4. Scope of Project. 4.1 The Project shall consist of 74 overnight accommodation units including eight overnight accommodation units from the Hotel Density Reserve with an additional 11 Units acquired through the use of TDR's and have a density no greater than 150 units per acre and a 22-slip publicly accessible marina facility. 4.2 The Project shall include a minimum of 100 parking spaces (1.2 spaces per hotel unit and one space per two publicly accessible slips), as defined in Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with “Beach by Design”. 4.4 The height of the Project shall be up to 65'-0" feet as measured from Base Flood Elevation, as defined in the Code and as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design the consolidation of property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida and thirty (30) days have elapsed after transmitting to the Florida Department of Economic Opportunity, pursuant to Florida Statutes section 163.3239 and Code section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for twenty (20) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. Property: 6.1.3 The following restrictions shall apply to development of the 6.1.3.1 To retain the grant of Reserve Units provided for herein, the 4 Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times 5 through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 pm. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Limitation on Marina Facility. 6.1.11.1 The Developer agrees that activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment is strictly prohibited. 6.1.11.2 The Developer agrees that the number of conveyable Marina Slips shall be limited to no more than 22. The City acknowledges that there are 35 additional marina slips for the sole use of the hotel. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. 6.1.11.4 The Developer agrees that a deed restriction outlining Sections through 6.1.11.3 shall be submitted to Staff prior to the issuance of any permits. 6 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the project shall receive 8 units from the Hotel Density Reserve as defined by Beach by Design, contingent upon the provisions of Section 6.1.5. 6.2.4 It is anticipated that as a condition to the approval of the Project by the City, Developer will be required to construct and maintain a boardwalk along the seawall on the Property (the “Boardwalk”), and to permit the general public to enter upon and traverse the Boardwalk at all times, and to exit the Boardwalk via an easement over the Property in favor of the City (or for the benefit of the public at large) to be located at the south end of the Boardwalk, connecting the Boardwalk to East Shore Drive. Said easement shall include terms and conditions acceptable to the City, and which are typical of such other easements for similar access that are currently in effect between the City (or for the benefit of the public at large) and private land owners. Upon the adoption of this Agreement, City shall enter, in favor of Developer and its successors and assigns, a general indemnification and hold harmless agreement, to be effective upon the issuance of a C.O. for the Project, pursuant to which the City shall indemnify and hold harmless Developer, to the extent allowed by law, from and against any and all claims for injury, death, and damage brought in connection with the use of the Boardwalk by the general public at large; provided, however, that such indemnification and hold harmless agreement shall not relieve Developer of any liability for its negligence in maintaining the Boardwalk, or any willful or wanton acts by Developer or those under the authority or control of Developer. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be 7 responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s [MPO] or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following:  Recognition of standard data sources as established by the MPO;  Identification of level of service (LOS) standards for state and county roads as established by the MPO;  Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance;  Utilization of the MPO Traffic Impact Study Methodology; and  Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site Plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. 8 SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended, and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially accurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: East Shore International Enterprises, LLC 2753 SR 580 Ste 110 Clearwater, FL 33761-3351 With Copy to: If to City: Thomas C. Nash, III 625 Court St. Clearwater, FL 33756 City of Clearwater 600 Cleveland St. Ste 600 Clearwater, FL 33755 Attn: City Manager 11 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable 12 to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be 13 received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S Print Name Print Name John A. Bodziak, Architect, as Agent to Developer CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Rosemarie Call, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Michael Fuino, Assistant City Attorney 14 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 201 , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 201 , by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires 15 EXHIBIT A Address of subject Property: 411-408 East Shore Drive Parcel Number(s): a. 08-29-15-02592-003-0070 b. 08-29-15-02592-002-0090 c. 08-29-15-02592-003-0100 d. 08-29-15-02592-003-0120 Legal description: a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 1/2 of Lot 6 & Subm Land/TIF Deed #17,411 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15 Ft of Lot 11 & Subm Land/TIF Deed #17,411 per Plat. d. Barbour-Morrrow Sub Blk C, S 35 Ft of Lot 11 & N 1/2 of Lot 12 & Subm Land/TIF Deed #17,411 per Plat. Size of Property: 48,351.6 Sq. Ft. or 1.11 acres 14 EXHIBIT “B” See attached Conceptual Site Plan and Architectural Drawings Treasure Island C a u s e wa y SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COVER SHEETMEDICAL CLOSETM.C.WEIGHTWGT.VERTICALVERT.MANUFACTURERMANUF.LOCKLK.HEIGHTHGT.FLOORFL.F.A.EQUALEQ.DOWNDN.ELASTOMERICELAST.ABOVE FINISH FLOORABOVE FINISH CEILINGA.F.F.A.F.C.FIRE ALARMMIRRORMIRR.IMAGEIMAG.INSULATIONINSULWOODWITHWINDOWWATER CLOSETVINYL COMPOSITION TILEUNLESS NOTED OTHERWISE TYPICALTACK BOARDSTEELSPECIFICATIONSRUBBER TILEROOMROOFINGROOF DRAINREQUIREDREIFORCINGQUARRY TILEPRESSURE TREATEDPLASTERPAINTON CENTERNUMBERNOT TO SCALENOT IN CONTRACTNORTHMINIMUMMETAL LATHMETALMECHANICALMAXIUMMASONRY OPENINGM.O.MASONRY CONTROL JOINTM.C.J.FINISH SYSTEMEXTERIOR INSULATION &E.I.F.S.WD.W/WDW.W.C.V.C.T.U.N.O.TYP.T.B.STL.SPECS.R.T.RM.RFG.R.D.REQ'D.REINF.Q.T.P.T.PLAST.PT.O.C.NO.N.T.S.N.I.C.N.MIN.M.L.MTL.MECH.MAX.KNOCK OUTJOINTHOLLOW METALHARDWAREGYPSUM WALL BOARDGAUGEGALANIZEDFOUNDATIONFOOT OR FEETFOOTINGFLOORPLASTERFIRE EXTINGUISHERFINISHEXISTINGEXPANSION JOINTEXPANSIONEXISTINGELEVATIONDRINKING FOUNTAINDOWN SPOUTCONCRETE MASONRY UNITCONTROL JOINTCONCRETECOLUMNCHALK BOARDCERAMIC TILECARPETCEILINGBUILDINGBOTTOMBOTTOMBLOCKALUMINUMACOUSTICAL CEILING TILEK.O.JT.H.M.HDW.G.W.B.GA.GALV.FDN.FT.FTG.FLR.PLAS.F.E.FIN.EXST'G.E.J.EXP.EXIST.ELEV.D.F.D.S.C.M.U.C.J.CONC.COL.C.B.C.T.C.CLG.BLDG.BTM.BOTT.BLK.ALUM.A.C.T.ABBREVIATIONS:2-HOUR FLOOR-CEILING FIRE SEPARATION PER U.L. DETAIL J901III (B)II (B)II (A)BUILDING DATA :OCCUPANCY :ASSEMBLYMIXED OCCUPANCY :CONSTRUCTION TYPE :BUILDING HEIGHT:MEZZANINE :HIGH RISE :BUILDING CODE SUMMARY - BUSINESSEDUCATIONALMERCANTILEHAZARDOUSCOMMERCIAL PROJECTS:FACTORY-INDUSTRIALINSTITUTIONALRESIDENTIAL (R-1)UTILITY/ MISCELLANEOUSYESNOSEPARATION:I (A)I (B)III (A)IV (H.T.)YES NOMIXED CONSTRUCTION :ZONING DISTRICT:BASIC WIND SPEED:BUILDING RISK CATEGORY:WIND EXPOSURE:APPLICABLE INTERNAL PRESSURE COEFFICIENT:150 MPHIIC+/- .18 (ENCLOSED)ANALYTICAL METHODWINDS:(E) TOTAL SITE AREA:617.28 S.F.V (A)V (B)64'-0" ABOVE B.F.E. & 71'-6" ABOVE GRADE 5 - STORIES ABV. PARKINGYES NOYES NO "T" TOURIST (RFH)BASE FLOOD ELEVATION:"AE" ELE. 11'-0" + 2'-0" FREEBOARD =13'-0"SECOND FLOOR A/C AREA:THIRD FLOOR A/C AREA:FOURTH FLOOR A/C AREA:TOTAL A/C AREA:APPLICABLE CODES:EMEGENCY LIGHTING and EXIT SIGNAGEFIRE ALARMPANIC HARDWARELIFE SAFETY SYSTEM :YES NONOYES YES NOFIRE SPRINKLED:YES NOFIRE ALARM:YES NOGROUND FLOOR & EGRESS STAIR WALLS = 2-HOUR FIRE SEPARATION PER U.L. DETAIL U905SMOKE DETECTION SYSTEMSNOYES 12,755.50 S.F.48,553.58 S.F. (1.115 ACRES)WINDS APPLIED PER ASCE7-10, BUILDINGS OF ALL HEIGHTS6TH EDITION (2017) FLORIDA BUILDING CODE6TH EDITION (2017) FLORIDA BUILDING CODE (MECHANICAL)6TH EDITION (2017) FLORIDA BUILDING CODE (PLUMBING)6TH EDITION (2017) FLORIDA BUILDING CODE (ACCESSIBILITY)6TH EDITION (2017) FLORIDA BUILDING CODE (ENERGY)6TH EDITION (2017) FLORIDA FIRE PREVENTION CODENFPA 2015 NATIONAL ELECTRICAL CODE(NEC 2014)12,647.46 S.F.GROUND FLOOR A/C AREA:FIFTH FLOOR A/C AREA :INDEX OF DRAWINGSARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENTFLORIDA REGISTRATION NO. AR00050652325 ULMERTON ROAD, SUITE 21CLEARWATER, FLORIDA 33762TEL: (727) 327-1966 FAX: (727) 826-0968EMAIL: JACK@JABODZIAK.COMJOHN A. BODZIAKAIA, ARCHITECT, PASURSITE SURVEYSURENLARGED PART #1SURENLARGED PART #2SURENLARGED PART #3CVR-1COVERCVR-2RENDERINGSP-1.0ARCHITECTURAL SITE & LIGHTING PLANC-1CONSTRUCTION NOTESC-2CIVIL SITE PLANC-3HORIZONTAL CONTROLC-4PAVING, GRADING & DRAINAGE PLANC-5UTILITIES PLANSP-2.0LANDSCAPE PLANA-1.02nd FLOOR PLANA-2.03rd FLOOR PLANA-3.04th FLOOR PLANA-4.05th FLOOR PLANA-5.06th FLOOR PLANA-6.0ROOF TOP PLANA-7.0ELEVATIONSA-7.1ELEVATIONSA-7.2COLOR ELEVATIONSA-7.3COLOR ELEVATIONSA-8.0ENLARGED 1st FLOOR PLAN - KEY PLANA-8.1ENLARGED 1st FLOOR PLAN - BUILDINGA-8.2ENLARGED 1st FLOOR PLAN - MARINAA-8.3ENLARGED 1st FLOOR PLAN - PARKING LOTA-9.0ENLARGED UNITS FLOOR PLANSA-9.1ENLARGED UNITS FLOOR PLANSA-9.2ENLARGED UNITS FLOOR PLANSDAA-1.0CONCEPTUAL SITE PLANDAA-2.0BUILDING MASSING STUDYDAA-2.1BUILDING MASSING STUDYDAA-2.2BUILDING MASSING STUDYDAA-2.3BUILDING MASSING STUDYDAA-2.4RENDERINGPROPOSED PROJECT FOR:408 EAST SHORE DRIVEClearwater, Florida 33767SCOPE OF WORK:THESE DOCUMENTS ARE FOR THE CONSTRUCTION OF A NEW, 5-STORY PLUS ONEGROUND FLOOR LEVEL OF PARKING, TYPE II B FREE STANDING BUILDING LOCATED INTHE CITY OF CLEARWATER BEACH IN THE MARINA DISTRICT.THE PROPOSED USE WILL BE A TYPE R-1 TRANSIENT CONDO-HOTEL WITH 74 UNITS.THE BUILDING HAS POURED CONCRETE FLOORS AND COLUMNS, EXTERIORWALLS ARE MASONRY WITH STUCCO.THE CONSTRUCTION OF ALL ASPECTS OF THE BUILDING WILL CONFORM TO ALLCOUNTY, STATE, AND FEDERAL REGULATIONS AS REQUIRED.ALL WORK AS CONTEMPLATED WILL BE EXECUTED WITHIN THE APPLICABLE F.B.C. 2017SIXTH EDITION AND FEMA GUIDE LINES.Location ofProjectVicinity map (NTS)Location map (NTS)NORTH63,962.62 S.F.SIXTH FLOOR A/C AREA :1Gulf of MexicoMandalayChannelMandalayChannelCauseway Blvd.East Shore Dr.ClearwaterBayJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018CVR-112,647.46 S.F.12,647.46 S.F.12,647.46 S.F.Poinsettia Ave.1 JAB PROJECT #SHEETDRAWNDATESEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE RENDERING PROPOSED PROJECT FOR:408 EAST SHORE DRIVEClearwater, Florida 33767CSMay. 28, 19UPDATED ON2018-019DEC - 2018CVR-21 NEW 6" x 6" CONCRETECURB WV BFP W W NEW 3'-0" HIGH LOW INTENSITY "MUSHROOM DOME" DOWN LIGHT ON A PHOTOCELL NOTE: 1.ALL LIGHTING TO BE PROPERLY "TURTLE" SHIELDED IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL STATUTES PER SECTION 110-506 - LIGHTING INBEACH AREA. 2.ALL LIGHTS TO BE LED TECHNOLOGY. NEW BUILDING EXTERIOR DOWN LIGHTWALL SCONCE ON A PHOTOCELL = Backflow Preventor = Cable Box = Centerline = Cleanout = Decorative Light = Drainage Manhole = Fire Hydrant = Gas Valve = Grease Trap = Guy Anchor = Handicap = Lightpole = Mailbox = Power Box = Sanitary Manhole = Sign = Spot Elevation = Telephone Box = Utility Pole = Water Meter = Water Valve = Well GV SYMBOL LEGEND: = Solar Deck Light (LED) = Solar Bollard Light (LED) = Light Pole LED (Single Lamp) = Light Pole LED (Double Lamp) NOTE: 1.ALL LIGHTING TO BE PROPERLY "TURTLE" SHIELDED IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL STATUTES PER SECTION 110-506 - LIGHTING IN BEACH AREA. 2.ALL LIGHTS TO BE LED TECHNOLOGY.H57H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 100'-0"115'-9"100'-0"115'-9"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-012"REQUIREDSETBACK5'-0"REQUIRED&PROPOSEDSETBACK5'-0"REQUIRED& PROPOSEDSETBACK5'-0"FIREHYDRANT NEW STOPSIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN 12'-0"5'-0"12'-0"18'-0"5'-0"NEW STOPSIGN CLEAR SIGHTTRIANGLE 1'-6"12'-0"5'-0"12'-0"18'-0"5'-0"6'-0"11'-11"16'-4"NEW 10'-0"SIDEWALK NEWBICYCLERACKS NEW STOPSIGN 24'-0"18'-0"9'-0"24'-0"5'-0"8'-3"21'-8"9'-0"2'-6"9'-0"18'-0"9'-0"78'-2"R15'-0"R5'-0"R3'-0"R3'-0"R20'-0"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW PEDESTRIANCROSSWALK SIGN NEW PEDESTRIANCROSSWALK SIGNBOARDWALK ACCESS24'-0"STORAGEROOM STORAGEROOM 9'-0"9'-0"18'-0"5'-0"8'-6"14'-3"14'-3"8'-6"3'-6"8'-5"5'-0"24'-0"18'-0"9'-0"9'-0" 9'-0"9'-0"9'-0"9'-0"9'-0"36'-0"STORAGE ROOM 28'-4"16'-7"HANDICAP ELECTRIC LIFT STORAGEROOM DROP-OFFAREA (VALET) 10'-0"9'-6"BUILDING LENGTH 229'-3" CONCRETECANOPYABOVE ROOFABOVE BUILDINGFOOTPRINT BUILDING ABOVE BUILDINGABOVE BUILDINGFOOTPRINT 13'-4"49'-9" PLANTER PLANTER 81'-7"30'-0"28'-3"2'-9"18'-0"85'-6" 2'-0" 9'-0"27'-0"27'-0"3'-6"27'-0"25'-10"2'-8"5'-0"8'-3"27'-0"18'-0"1'-6"18'-0"1'-6"18'-0" 18'-9"29'-9"6'-3"14'-5"14'-11"ACCESS TO BOARDWALK POOL DECK POOL DECK20'-0"21'-0"R4'-0"11'-6"5'-0"8'-0"7'-0"22'-0"18'-5" GREEN AREA GREEN AREA GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREA 42'-5"34'-1" GREEN AREA GREEN AREA FIREHYDRANT5'-0"GREEN AREA REQUIRED SETBACK 14'-0" BUILDING SETBACK 27'-9" REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334" REQUIRED SETBACK 14'-0" BUILDING SETBACK 41'-034"20'-0"PARKING SURFACE SETBACK 5'-034" CLEARWATER HARBOR 35'-6"42'-8"98'-6"262'-214"20'-0"20'-0"30'-6"4'-0"30'-0"4'-0"31'-0"35'-0"4'-0"31'-0"4'-0"15'-6"4'-0"40'-0"61'-6"6'-0"31'-0" 40'-0"6'-0"40'-0" 13'-0"33'-0"40'-0"16'-6"5'-0"15'-0"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"4'-0"16'-0"4'-0"33'-0"4'-0"33'-6"4'-0"192'-11"17'-712"20'-0"5'-0"20'-0" 5'-0"35'-6" 76'-0" 27'-0"37'-10"5'-0"34'-0"24'-0"99'-0"R5'-0"R5'-0"18'-0"5'-0"18'-0"R15'-0"R15'-0"5'-0"5'-0"LOBBY24'-10"58'-0"2'-914"GREEN AREA GREEN AREA 3'-0"9'-6"1'-6" 18'-0" 2'-1" 27'-0"2'-8"27'-0"1'-6"9'-0"17'-0" GREEN AREA 16'-0"18'-0" 27'-0" 3'-6"57'-4"CABANAS NEW BICYCLERACKS18'-4" 18'-0"3'-0" 20'-0"20'-0"20'-0"20'-0"20'-0"10'-0"14'-9"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREAGREEN AREA9'-0"16'-0"9'-0"18'-0"GREEN AREA 20'-0"9'-6"24'-0"18'-0"DUMPSTER AREA GREEN AREA 177'-03 4"30'-5"117'-414" 20'-0"20'-0"20'-0"20'-0"15'-11"20'-0"20'-0"9'-0"18'-0" NO BOAT SLIP NO BOAT SLIPGREEN AREARAMP RAMP 15'-0"15'-0"15'-0 "15'-0" GREEN AREA TRASH RECEP. BENCH BENCH BENCHTRASHRECEP.BENCHFOUNTAINTRASHRECEP. BENCH BENCH TRASH RECEP. BENCH BENCH TRASH RECEP. BENCH TRASHRECEP. TRASHRECEP. BENCHBENCH BENCH BENCH EXISTING DOCK TO BE REMOVED PARKING SURFACE SETBACK 16'-3" EAST SHORE DR. LANE LIMIT EAST SHORE DR. LANE LIMIT GREEN AREA BOARDWALK ACCESSCONCRETECROSSWALK CONCRETECROSSWALKCONCRETECROSSWALK CONCRETECROSSWALK NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYPEDESTRIANCROSSWALKSIGN W/ FLASHINGLIGHTS PEDESTRIANCROSSWALKSIGN W/ FLASHINGLIGHTS"ENTRYONLY"SIGN "ENTRY ONLY"SIGN "EXIT ONLY"SIGN "EXIT ONLY"SIGN1'-0"10'-0"10'-0"NEW 10'-0"SIDEWALK1'-0"10'-0"6'-0"1'-0"10'-0"1'-6" 2'-0" PARKING OVERHANG2'-0"16'-0"18'-0"PARKINGSURFACE SETBACK 5'-214" 16'-0"18'-0"RAMP RAMP 20'-0"NEW 10'-0"SIDEWALK NEW 10'-0"SIDEWALK 18'-0"27'-0"8'-4"NEW 10'-0"SIDEWALK NEW 10'-0"SIDEWALK 1'-0"10'-0"1'-0"10'-0"BENCHTRASHRECEP.NEW 5'-0"VINYL FENCENEW 5'-0"VINYL FENCE NEW 5'-0"VINYL FENCE NEW 5'-0" VINYL FENCE R15'-0"R15'-0"PROPOSEDSETBACK5'-0"9'-0"18'-0"18'-0"9'-0"104'-0"18'-0"8'-6"3'-0"GREEN AREA 89'-4" SEAWALL SEAWALL SEAWALL SEAWALL1'-0"10'-0"NEW 10'-0"SIDEWALK5'-0"3'-0"3'-0"HANGING ALUM. LOUVER 6'-0" VINYLFENCE LOUVER PERGOLA & LOUVERS PERGOLA &LOUVERS 1'-6"1'-6"PLANTER BOX PLANTER BOX PLANTER BOX3'-4"HANGING ALUM. LOUVER HANGINGALUM.LOUVER HANGINGALUM.LOUVER HANGINGALUM.LOUVER LOUVER LOUVER LOUVER ALUM.LOUVER ALUM. LOUVER ALUM.LOUVER LOUVER CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE CLEARSIGHTTRIANGLE 63'-0"PERGOLA & LOUVERS PERGOLA & LOUVERS20'-0"20'-0"20'-0"20'-0" 24" (H)PLANTER PLANTER BOX PLANTER BOX PLANTER BOX PLANTER BOX PLANTER BOXPLANTER BOX PLANTER BOX00 P H Indicates Boat Slip number Public Boat Slip......... Hotel Boat Slip......... 22 Boat Slip 35 Boat Slip Total 57 Boat Slip Provided: Required: 1 vehicular prkg. sp. per 2 Public boat slips MARINA BOAT SLIPS & PARKING Marina vehicular prkg. sp. ..11 Parkg. Spaces00 H 00 VP 00 H PARKING LEGEND REGULAR PARKING SPACE FOR VALET PARKING USE REGULAR PARKING SPACE HANDICAP PARKING SPACE SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1SP-1.0SCALE: 1"=20'ARCHITECTURAL SITE AND LIGHTING PLANNORTH 2SP-1.0 N.T.S.BICYCLE RACK (2 BIKES) 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ARCHITECTURAL SITE & LIGHTING PLAN 3SP-1.1 SCALE: 1" = 1'-0"CONCRET CURB DETAIL 4 SP-1.1 SCALE: N.T.S. SILK FENCE DETAIL JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018SP-1.04SP-1.0 N.T.S.BENCH DETAIL (TYP.) 5 SP-1.0 N.T.S. TRASH RECEPTACLES (TYP.) 1 1111 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CONSTRUCTION NOTESJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-1PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. vp27vp28vp31vp29vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40r19r18r17r49r51r50r26r 16 r 15 r 14 r25r24r57r 1r56 r55vp12vp24vp25vp26vp27vp28r21vp1vp11vp2vp10vp3vp9vp4vp8vp5vp7vp61 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV. 18'-0" SETBACK 18'-0" SETBACK 18'-0" SETBACK18'-0" SETB A C K 5'-0" SETBACK5'-0" SETBACK 14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACK18'-0" SETBA C K EAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKvp42vp43vp23vp32vp22vp33vp31vp34vp30vp35vp36vp37vp38vp39vp40vp41vp29H 3 H 2 r45r46r48r47r52r54r53r44r43r23r22r21r20r 13 r 12 r 11 r 10 r 9 r 8 r 7 r 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 vp14vp13vp15vp16vp17vp18vp19vp20CLEAR SIGHTTRIANGLE CLEAR SIGHTTRIANGLE100'-0"115'-9"100'-0"115'-9"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-012"REQUIREDSETBACK5'-0"PROPOSEDSETBACK5'-734"REQUIRED&PROPOSEDSETBACK5'-0"REQUIRED& PROPOSEDSETBACK5'-0"FIREHYDRANT NEW STOPSIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN NEW ACCESIBLE PARKING SIGN 12'-0"5'-0"12'-0"18'-0"5'-0"CLEAR SIGHTTRIANGLE NEW STOPSIGN CLEAR SIGHTTRIANGLE5'-0"1'-6"12'-0"5'-0"12'-0"18'-0"5'-0"6'-0"11'-11"16'-4"5'-0"NEW 5'-0" SIDEWALK NEW 5'-0" SIDEWALK NEWBICYCLERACKS NEW STOPSIGN 24'-0"18'-0"9'-0"24'-0"5'-0"8'-3"21'-8"27'-0"2'-6"9'-0"18'-0"9'-0"137'-4"R15'-0"R5'-0"R3'-0"R3'-0"R20'-0"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAYNEW PEDESTRIANCROSSWALK SIGN NEW PEDESTRIAN CROSSWALK SIGN BOARDWALK ACCESS24'-0"NEW CROSSWALKSTRIPING NEWCROSSWALKSTRIPINGSTORAGEROOMSTORAGEROOM 9'-0"9'-0"18'-0"5'-0"10'-0"14'-3"14'-3"10'-0"5'-0"8'-5"5'-0"5'-0"24'-0"18'-0"9'-0"9'-0" 9'-0"9'-0"9'-0"9'-0"9'-0"18'-0"18'-0"STORAGE ROOM 28'-4"16'-7"HANDICAP ELECTRIC LIFT STORAGEROOM DROP-OFFAREA (VALET) 10'-0"12'-6"18'-0" 276'-9" ROOFABOVE ROOFABOVE BUILDINGABOVE BUILDING ABOVE BUILDINGABOVE BUILDINGABOVE 13'-4"49'-9" PLANTER PLANTER 81'-7"30'-0"28'-5"3'-1"18'-0"85'-6" 2'-0" 9'-0"27'-0"27'-0"3'-6"27'-0"25'-10"2'-8"5'-0"8'-3"27'-0"18'-0"1'-6"18'-0"1'-6"18'-0" 18'-9"29'-9"6'-3"14'-5"14'-11"ACCESS TO BOARDWALK POOL DECK POOL DECK20'-0"21'-0"R4'-0"11'-6"5'-0"8'-0"7'-0"22'-0"18'-5" GREEN AREA GREEN AREA GREEN AREAGREEN AREAGREENAREA GREEN AREA GREEN AREA GREEN AREA GREENAREA42'-5"34'-1" GREEN AREA GREEN AREAGREEN AREA GREEN AREA FIREHYDRANT17'-10"19'-512"5'-0"GREEN AREA REQUIRED SETBACK 14'-0" BUILDING SETBACK 27'-9" REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334" REQUIRED SETBACK 14'-0" BUILDING SETBACK 41'-034" REQUIRED SETBACK 18'-0" BUILDING SETBACK 18'-034" CLEAR SIGHTTRIANGLE CLEAR SIGHTTRIANGLE20'-0"CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE DRIVEWAY SETBACK 5'-034" CLEARWATER HARBOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 35'-6"42'-8"98'-6"262'-214"20'-0"20'-0"30'-6"4'-0"30'-0"4'-0"31'-0"35'-0"4'-0"31'-0"4'-0"15'-6"4'-0"40'-0"61'-6"6'-0"31'-0" 40'-0"6'-0"40'-0" 13'-0"33'-0"40'-0"16'-6"5'-0"15'-0"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"4'-0"16'-0"4'-0"33'-0"4'-0"33'-6"4'-0"192'-11"17'-712"20'-0"5'-0"20'-0" 5'-0"35'-6" 76'-0" 48'-0"37'-10"102'-0"5'-1134"32'-0"24'-0"32'-0"5'-412"5'-412"88'-0"5'-1134"32'-0"24'-0"32'-0"5'-412"R15'-0"R15'-0"94'-0"R5'-0"R5'-0"18'-0"5'-0"18'-0"R15'-0"R15'-0"5'-0"5'-0"LOBBY24'-10"58'-0"2'-914"GREEN AREA GREEN AREA 3'-0"9'-6"1'-6" 18'-0" 2'-1" 27'-0"2'-8"27'-0"1'-6"9'-0"17'-0"5'-034" REQUIRED SETBACK 18'-0" GREEN AREA 16'-0"18'-0" 26'-6" 3'-6"57'-4"CABANAS NEW BICYCLERACKS18'-4" 18'-0"3'-0" P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"10'-0"14'-9"NEW TRUNCATEDWARNING DOMESON EACH SIDE OFNEW DRIVEWAY 20'-0"20'-0"20'-0"20'-0"GREEN AREAGREEN AREAGREEN AREA GREEN AREA GREEN AREA GREEN AREAGREEN AREA8'-6"16'-0"8'-6"16'-0"8'-6"16'-0"GREEN AREA 30'-314"11'-6"27'-0"18'-0"DUMPSTER AREA GREEN AREA CLEAR SIGHT TRIANGLE 177'-03 4"30'-5"117'-414" 20'-0"20'-0"20'-0"20'-0"15'-11" CLEAR SIGHT TRIANGLE 20'-0"20'-0"9'-0"18'-0" NO BOAT SLIP NO BOAT SLIPGREEN AREARAMP RAMP 15'-0"15'-0"15'-0 "15'-0" GREEN AREA MARINA SEATING SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1C-1SCALE: 1"=20'CIVIL SITE PLANNORTH 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CIVIL SITE PLANJAB PROJECT #SHEETDRAWNDATECSApr. 12, 19UPDATED ON2018-019DEC - 2018C-2DATE: FL NO. 54894 PATRICIA P. MONTECKI ELEV. ELEV. BOARDWALK BOARDWALK vpvpvpvpvpvpvpvpvpvp6vpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvp12vp1211HH 15811HH ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE ROOF ABOVE SEA WALL SEA WALL SEA WALL WHEELCHAIR LIFT POOL LOBBY POOL DECK CABANAS JAC.MARINA BOARDWALK ACCESSMARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 1 27 BIKERACKBIKERACKBIKERACKBIKERACKTIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%DUMPSTERAREASEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE HORIZONTAL CONTROLJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-3PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. ELEV. ELEV. BOARDWALK BOARDWALK vpvpvpvpvpvpvpvpvpvp6vpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvpvp12vp12HH 15811HH ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE SEA WALL SEA WALL SEA WALL WHEELCHAIR LIFT POOL LOBBY POOL DECK CABANAS JAC. MARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 1 27 BIKERACKBIKERACKBIKERACKBIKERACKMEET & MATCHEXIST. GRADEMEET & MATCHEXIST. GRADEMEET & MATCHEXIST. GRADETIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%DUMPSTERAREASEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE PAVING, GRADING & DRAINAGE PLANJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-4PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. ELEV. ELEV. BOARDWALK BOARDWALK ROOF ABOVE 2nd FLOOR ABOVE 2nd FLOOR ABOVE SEA WALL SEA WALL SEA WALL LOBBY CABANAS MARINA SEATING STORAGESTORAGE SIDEWALK SIDEWALK SIDEWALK BICYCLE RACK(5 BIKES)BICYCLE RACK(5 BIKES) 1 2 30 1 27 TIE INTO EXIST. MH ATELEV=1.2548 LF 6" PVCSS @1%MHRIM=5.20IE=1.73(W)IE=1.83(S)29 LF 6" PVCSS @1%SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE UTILITIES PLANJAB PROJECT #SHEETDRAWNDATESKApr. 12, 19UPDATED ON2018-019DEC - 2018C-5PATRICIA P. MONTECKI FL NO. 54894 DATE: THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PATRICIA P. MONTECKI, P.E. ON APRIL 12, 2019 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. TYPICALSEE PLANTING DETAILSIMPORTED TOPSOILSEE SPECIFICATIONSIMPORTED BARK MULCH30" TYPICALTREE OR SHRUB ROOTBALL WIDTH PER PLANS MPSPCIYCMVASODSBVO SABAL PALM TREE"SOD" ST. AUGUSTINEVARIEGATED ASIAN JASMINEYAUPON"CM" - CREPE MYRTLELEGEND:CANARY ISLAND DATE PALM TREEMEDJOOL PALM TREESILVER BUTTONWOODEXISTING TREE TO BE REMOVEDSURVEY TREE LEGENDVIBURNUMSH57 H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 345678 15 14 131211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 Y YYY Y Y Y Y Y YVA VA VA VA VA VAVAVASOD SOD SOD SOD SOD SODSODVASODYY SOD SOD SOD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H MP MP SP SP SP MP MP MP MP MPMP CM CM CM MP MPMPMPSB SB SB SB SB SB SB SBSB SB SB SB SB SB SB SB SB SB SB SB SBSB SBSBYYYYVAVAVAVAVAVAYYSOD SOD SOD SOD SOD SB VA Y YSOD VA Y Y VO VO VO Y Y Y SOD SOD SB SB SOD VLBA #1 VLBA #2 VLBA #3 VLBA #4 VLBA #1 CLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE 36" (H)PLANTER 24" (H)PLANTER 24" (H)PLANTERCLEARSIGHTTRIANGLECLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE CLEAR SIGHT TRIANGLE CLEARSIGHTTRIANGLE CLEARSIGHTTRIANGLE FOUNTAIN 24" (H) PLANTER 36" (H) PLANTER SODVAVA CLEARSIGHTTRIANGLE Y VLBA #1VLBA #1 VLBA #1 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #4 VLBA #5 VLBA #5 VLBA #5 SB SB SBVAVASBVAVAVA 24" (H) PLANTER 24" (H)PLANTER 24" (H) PLANTER Y YMP BACKFILL MIXBACKFILL MIXFINISH GRADEPUDDLE AND SETTLECONTAINER DIAMETERDEPTH1 1/2 TIMESCONTAINER24" MIN.2 TIMES OR MINIMUM 18"-24" WIDER GUY WIRE SIZES:#12 - 15 TO 25 GAL. TREES#9 - FIELD STOCK TREESPLANTING HOLEREBAR STAKE SIZES:#4 X 2' - 15 TO 25 GAL. TREES#7 X 3' - FIELD STOCKINSTALL TURNBUCKLES FORFIELD STOCK ONLYLEVEL W/ SURFACE OFINSTALL TOP OF ROOT MASS 2 TIMESCONTAINERDEPTH CONTAINER DIAMETER THAN DIAMETER OF ROOT BALL1 1/2 TIMESFINISH GRADE BACKFILL MIX PUDDLE ANDSETTLE BACKFILL RUBBER TREE TIEGALV. GUY WIRESURVEYOR'S FLAGGINGTAPE - EA. WIRETURNBUCKLE REBAR STAKEBELOW GRADE MIX SLOPED NOTCOMPACTED MP SP CM VA Y SOD SB VO PLANT MATERIAL SCHEDULE: QTY.CODE BOTANICAL NAME COMMON NAME SPECS. ILEX VOMITORIA PHOENIX DACTYLIFERA MEDJOOL MEDJOOL PALMS 40'-50' H x10'-15' W13 TRACHELOSPERUM ASIATICUM VARIEGATED VARIEGATED ASIAN JASMINE 1 GAL., 10"-12" SPR, DENSE 3 LAGERSTROEMIA INDICA CREPE MYRTLE 3 GAL/2" DIA 8'-10' H 218 ST. AUGUSTINE FLORATUM ST. AUGUSTIN SOD 5273 sq.ft. 18"-24" HGT 3 GAL. PLANTED @ 3' O.C.SHADE /ORNAMENTAL TREESSHRUBS / HEDGESGROUNDCOVERCHARACTERISTICS: N-NATIVE, F-FLOWERING, E-EVERGREEN, D-DECIDUOS ALL TREES AND BASE PLANTS REQUIRE MULCH AT PLANTING OVER THE ROOT ZONE. F,D SABAL PALMSSABAL PALMETTO3 2,222 sq.ft. 40'-50' H x10'-15' W SILVER BUTTONWOODCONOCARPUS ERECTUS 8'-10' H x20-40' W27 TYPE VIBURNUM ODORATISSIMUM VIBURNUMS18 4' TO 6' HGT 3 GAL. PLANTED @ 3' TO 4' O.C. YAUPON GENERAL LANDSCAPE NOTES: 1.ALL PLANT MATERIALS TO BE FLORIDA #1 OR BETTER QUALITY, INSTALLED TO HIGHEST NURSERY STANDARDS. 2.MULCH TO BE "FLORAMULCH" AVAILABLE AT GOMULCH.COM OR 866.466.8524 / 866.GO.MULCH. MULCH SHALL BE INSTALLED TO A MINIMUM OF 3" THICK IN ALL PLANTING AREAS. 3.SOD TO BE 95% WEED FREE: ST. AUGUSTINE FLORATAM. SOD TO BE INSTALLED WITH TIGHT JOINTS, ROLLED AND FERTILIZED AT TIME OF INSTALLATION. ALL AREAS OF THE PROJECT SITE DISTURBED DURING CONSTRUCTION SHALL BE SODDED UNLESS SPECIFICALLY LABELED OTHERWISE. ALL AREAS WITHIN THE PROJECT LIMITS SHALL BE PROVIDED WITH SOD OR OTHER SPECIFIED GROUNDCOVER. 4.ALL DIMENSIONS TO BE FIELD CHECKED BY THE LANDSCAPE CONTRACTOR PRIOR TO CONSTRUCTION, WITH ANY DISCREPANCIES REPORTED IMMEDIATELY TO THE LANDSCAPE ARCHITECT. 5.ALL MATERIALS MUST BE AS SPECIFIED ON THE LANDSCAPE PLAN. IF MATERIALS OR LABOR DO NOT ADHERE TO SPECIFICATIONS, THEY WILL BE REJECTED BY THE LANDSCAPE ARCHITECT WITH PROPER INSTALLATION CARRIED OUT BY THE LANDSCAPE CONTRACTOR AT NO ADDITIONAL COST. 6.NO SUBSTITUTIONS OR CHANGES OF ANY KIND WILL BE MADE AT TIME OF BIDDING, SO AS TO PROVIDE FOR EQUAL AND FAIR COMPARISONS. 7.ALL PERMITS NECESSARY ARE TO BE PROVIDED BY THE INSTALLING CONTRACTOR UNLESS OTHERWISE SPECIFICALLY STATED IN THE SPECIFICATIONS. 8.NO CONTRACTOR IDENTIFICATION SIGNS SHALL BE PERMITTED ON THE PROJECT. 9.ALL QUESTIONS CONCERNING THE PLANS AND SPECIFICATIONS ARE TO BE DIRECTED TO THE ARCHITECT. 10.CAREFULLY REVIEW THE LANDSCAPE SPECIFICATIONS. THE INSTALLING CONTRACTOR WILL BE HELD RESPONSIBLE FOR ALL ITEMS CONTAINED THEREIN. 11.ALL PLANT MATERIAL SHALL BE PLANTED WITH "TERRA-SORB AG", IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS FOR THE RATE OF APPLICATION. 12.THE CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE STORM WATER POLLUTION PREVENTION PLANS AND APPROPRIATE CONSTRUCTION SITE RUNOFF CONTROLS TO MEET EPA'S NATURAL POLLUTANT DISCHARGE ELIMINATION SYSTEM RULE ON CONSTRUCTION SITES WHERE MORE THAN ONE ACRE OF LAND IS DISTURBED. 13.SEC. 106-36. - XERISCAPE REQUIREMENTS. THE XERISCAPE DESIGN PRINCIPLE OF PLANT SELECTION AND PLACEMENT BASED UPON FUNCTION, WATER REQUIREMENTS AND SUITABLE ENVIRONMENTAL EXPOSURE OF PLANT MATERIALS SHALL BE USED IN ALL VEHICULAR-USE AREAS. IN ADDITION, THE FOLLOWING XERISCAPE TECHNIQUES SHALL BE REQUIRED: 1. FIFTY PERCENT OF THE PLANTS USED IN ALL VEHICULAR-USE AREAS LANDSCAPE DESIGNS SHALL BE DROUGHT TOLERANT AND LOCATED IN GROUPINGS ACCORDING TO WATER REQUIREMENTS. 2. SEVENTY-FIVE PERCENT OF THE PLANTS USED IN ALL VEHICULAR-USE AREA LANDSCAPE DESIGNS SHALL BE A COMBINATION OF NATIVE AND DROUGHT TOLERANT. 3. ALL PLANTINGS SHALL BE GROUPED IN ZONES ACCORDING TO WATER REQUIREMENTS AND SHALL BE IRRIGATED IN ZONES SEPARATING HIGH WATER USE LAWN AREA FROM DROUGHT TOLERANT ZONES. 4. ALL IRRIGATION SYSTEMS SHALL BE AUTOMATIC WITH CYCLING CAPACITY AND SHALL BE DESIGNED TO AVOID IRRIGATION OF UNPLANTED SURFACES. 14. SEC. 106-40. - SCREENING OF BACKFLOW PREVENTERS. BACKFLOW PREVENTERS SHALL BE SCREENED BY DENSE EVERGREEN SHRUBBERY A MINIMUM OF 30 INCHES IN HEIGHT, PLANTED TWO FEET ON CENTER. SUCH SHRUBBERY SHALL BE PLANTED FAR ENOUGH AWAY FROM THE UNIT SO AS TO PROVIDE A MINIMUM OF A THREE-FOOT CLEARED AREA ON THE TWO SIDES OF THE UNIT FOR MAINTENANCE PURPOSES. 15. SEC. 106-42. - SEA OATS / SAND DUNES. THE REMOVAL OR RELOCATION OF SEA OATS OR SAND DUNES ON ANY PROPERTY LANDWARD OF THE COUNTY COASTAL CONSTRUCTION CONTROL LINE WILL BE COORDINATED WITH THE BUILDING AND ZONING DIRECTOR PRIOR TO THE START OF WORK. 16. SECTION 110-670 - LANDSCAPING / GREEN AREA (A) ONE OF THE PURPOSES OF THE DEVELOPMENT CONTROLS IS TO ENCOURAGE THE PROVISION OF ADEQUATE LANDSCAPING/GREEN AREA IN R-3 ZONES WEST OF GULF BOULEVARD. A MINIMUM OF TEN PERCENT OF THAT PORTION OF THE LOT LOCATED EAST OF THE COUNTY COASTAL CONSTRUCTION CONTROL LINE AS ESTABLISHED BY THE STATE SHALL BE DESIGNATED FOR AND MAINTAINED AS LANDSCAPED GREEN AREA IN SIDE AND FRONT YARDS. (B) IN R-3 ZONES WEST OF GULF BOULEVARD, THE GREEN AREA IN SIDE YARDS SHALL PROVIDE A CLEAR "VIEW AREA" BETWEEN THREE FEET AND TEN FEET IN HEIGHT; I.E. BUSHES OR SHRUBS SHALL NOT EXCEED THREE FEET IN HEIGHT AND TREES SHALL BE TRIMMED BELOW TEN FEET IN HEIGHT. SUCH LANDSCAPED AREAS MAY INCLUDE PASSIVE RECREATION FACILITIES PROVIDED, HOWEVER, THAT THE "VIEW AREA" IS NOT OBSTRUCTED. (C) IN ALL ZONES EXCEPT R-1, ALL OFF-STREET PARKING AREAS NOT CONTAINED WITHIN THE BUILDING STRUCTURE SHALL HAVE A MINIMUM OF TEN PERCENT LANDSCAPED GREEN AREA. (D) ALL LANDSCAPED AREAS SHALL BE PROVIDED WITH AN ADEQUATE WATER SUPPLY. 17. ADD THE FOLLOWING NOTE TO THE LANDSCAPE PLANS, "WHEN AN ACCESS WAY INTERSECTS A PUBLIC RIGHT-OF-WAY OR OTHER ACCESS WAY, OR WHEN THE SUBJECT PROPERTY ABUTS THE INTERSECTION OF TWO OR MORE PUBLIC RIGHT-OF-WAYS, ALL LANDSCAPING WITHIN THE TRIANGULAR AREAS DESCRIBED AS [OR] REFERRED TO AS THE "CROSS-VISIBILITY AREA," SHALL PROVIDE UNOBSTRUCTED CROSS-VISIBILITY AT A LEVEL BETWEEN 36 INCHES AND EIGHT FEET. TREES AND PLANT MATERIAL TRIMMED IN SUCH A MANNER THAT CROSS VISIBILITY IS NOT HINDERED WILL BE ALLOWED, PROVIDED THEY ARE LOCATED SO AS NOT TO CREATE A TRAFFIC HAZARD, AS DETERMINED BY THE CITY. SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA.1SP-2.0SCALE: 1"=20'LANDSCAPE PLANNORTH 2SP-2.0 SCALE: N.T.S.PLANTER ISLAND (TYP.)3SP-2.0 SCALE: N.T.S.SHRUB PLANTING (TYP.) 4 SP-2.0 SCALE: N.T.S. TREE GUYING (TYP. DETAIL) 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE LANDSCAPE PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018SP-2.01 123456712345678910 11 12 13 1415 16123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK12 46812133579101415COFFICELOBBYHALLHALL32'-9"85'-3"101'-6"10'-0"17'-9"40'-6"16'-9"10'-0"9'-9"56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"14'-9"10'-0"15'-0"22'-0"42'-10"14'-5"15'-0"34'-2"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"95'-0"229'-3"5'-6"9'-6"1'-0"4'-0"6'-0" 3'-0" 7'-0" 2'-6" 2'-6"9'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.OFFICECLUB ROOMBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DTIKI BAR19'-7" 20'-7" 4'-0"DN. TOPOOLDECKMARINA BOARDWALK ACCESS5'-0"OFFICENORTH SIDESETBACK41'-034"SOUTH SIDESETBACK27'-9"BUILDINGFRONTSETBACK5'-334"CHECK-INSERVICE30'-0"7' VINYLFENCEBELOWPERGOLA &LOUVERSBELOWPERGOLA &LOUVERSBELOWPERGOLA &LOUVERS BELOWPERGOLA &LOUVERSBELOWNORTH1A-1.0SCALE: 1" = 10'2nd FLOOR PLANSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 2nd FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-1.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16ELECTRICALROOMLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DHOUSEKEEPING& LAUNDRY ROOMBDR.SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 3rd FLOOR PLAN NORTH1A-2.0SCALE: 1" = 10'3RD FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-2.01 12468111213357910FIREROOMLOBBYHALLHALL141533'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.BDR.M.BATHR.M.BDR.LIVINGBALCONYBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/D123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16MAINTENANCEROOMSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 4th FLOOR PLAN NORTH1A-3.0SCALE: 1" = 10'4TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-3.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16ELEVATOREQUIPMENTLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BDR.BALCONYM.BDR.M.BATHR.LIVINGKIT.BATHR.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DBDR.BDR.BDR.BDR.BDR.BDR.BDR.BDR.BATHR.W/DW/DHOUSEKEEPING& LAUNDRY ROOMSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 5th FLOOR PLAN NORTH1A-4.0SCALE: 1" = 10'5TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-4.01 124681112133579101415123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACK1234567 8910 11 12 13 1415 16FITNESSROOMLOBBYHALLHALL33'-4"94'-5"101'-6"9'-0"17'-9"40'-6"16'-9"10'-0" 56'-0"5'-0"14'-9"30'-0"12'-3"3'-0"19'-9"3'-0"2'-6"9'-9"30'-0"12'-9"10'-0"17'-0"22'-0"42'-10"14'-5"30'-0"15'-0"15'-0"30'-0"15'-0"15'-0"15'-0"15'-0"22'-0"229'-3"94'-0"229'-3"10'-0"9'-6"4'-0"6'-0" 3'-0" 6'-0" 3'-6"8'-0" 11'-6" 3'-0" 3'-0" 1'-6" 2'-6" 5'-0"5'-0" 2'-0" 3'-0" 3'-0" 3'-0" 3'-0" 2'-0" 3'-0" 3'-0"5'-0"5'-0"5'-0"KIT.LIVINGBALCONYM.BDR.BATHR.HALLHALLM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYM.BDR.M.BATHR.LIVINGBATHR.BALCONYM.BDR.LIVINGM.BATHR.BATHR.KIT.BALCONYM.BDR.LIVINGM.BATHR.BATHR.BALCONYM.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DW/DW/DW/DW/DM.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DLIVINGM.BATHR.BATHR.KIT.W/DM.BDR.BALCONYBALCONYBALCONYW/DW/DW/DW/DKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYKIT.BATHR.M.BATHR.M.BDR.LIVINGBALCONYBATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYBALCONYHALLLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVINGBALCONYKIT.M.BATHR.M.BDR.LIVINGLIVING/DENW/DKIT.BDR.BDR.BDR.BDR.BDR.BDR.BDR.BDR.KIT.SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE 6th FLOOR PLAN NORTH1A-5.0SCALE: 1" = 10'6TH FLOOR PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-5.01 1234567815141312111091612345678151413121110916ELEV.ELEV.2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.0 ton Units GFIW.P.2.0 ton Units UNIT BUNIT C2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT B2.5 ton Units 2.0 ton Units GFIW.P.UNIT AUNIT BSUNDECKCONCRETECANOPY @8'-0" (H)LOBBY74'-6"57'-0"16'-8"12'-1"10'-0"59'-6"20'-9"57'-6"4'-6"37'-0"5'-0"17'-0"4'-6"29'-10"4'-8"5'-0"59'-10"20'-1"59'-9"5'-0"14'-1"27'-0"4'-6"35'-0"5'-0"19'-0"4'-6"10'-0"40'-0" 40'-0" 26'-6"41'-6"45'-3"21'-0"82'-0"SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ROOF TOP PLAN NORTH1A-6.0SCALE: 1"=10'ROOF TOP PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-6.01 12345678910111234567891011L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"PROPERTY LINE PROPERTY LINE PARKINGENTRYPARKINGEXITFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"12'-8"53'-10"2'-0"76'-10" 16'-10"5'-10"10'-0"10'-10"10'-0"9'-2"5'-10"4'-4" 48'-6"0'-10"14'-6"1'-6"12'-8" 10'-8"3'-6"52'-4"2'-0" 68'-6"4'-4" 12'-8" 50'-10"8'-6" CLEARANCE13'-2" CLEARANCE13'-2" 76'-10" 78'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0"CONCRETECANOPY24" (H)PLANTER2'-0"7'-0"ALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERSALUM.LOUVERS6'-0"2'-0"4'-8"FOUNTAIN7'-0"5'-8"53'-10"6'-4"4'-0"MARINABOARDWALKACCESS24" (H)PLANTERPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESS12345678910111234567891011L.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"MARINABOARDWALKACCESSPROPERTY LINE PROPERTY LINEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"6'-8"10'-10"10'-0"10'-0"10'-0"10'-0"3'-0"3'-6"2'-0"68'-6"66'-6" 12'-5"54'-1"6'-4" 68'-6" 12'-8"60'-2"4'-0" 72'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0"ALUM.LOUVERS3'-0"(H)PLANTERCABANASALUM.PERGOLAALUM.LOUVERALUM.LOUVERALUM.LOUVER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER24" (H)PLANTER6'-0"LOUVERCLEARANCE8'-0"PEDESTRIANACCESSCLUBROOMACCESSCLUB DECKSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ELEVATIONS17.0SCALE: 1"=10'FRONT ELEVATION27.0SCALE: 1"=10'REAR ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.01 DDCCBBAAL.Grade (+ 5.5' n.a.v.d)0'-0"L.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"EAST SHOREDRIVEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"5'-8"57'-4"2'-0" 72'-0" 12'-8"53'-10"2'-0"6'-4"2'-0" 1'-2" 78'-0" 12'-5" 72'-2"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ROOF TOPCANOPY8'-0" 7'-0"DUMPSTERALUM.PERGOLAALUM.LOUVERSALUM.LOUVERS7'-0" 7'-0"5'-8"24" (H)PLANTERDRIVEWAYCLUB DECKL.Grade (+ 5.5' n.a.v.d)0'-0"DDCCBBAAL.b.f.e.+11.0' n.a.v.d.L.2'-0" of Freeboard+13.0' n.a.v.d.L.2nd FLOOR+13'-6”L.3rd FLOOR+23'-6"L.4th FLOOR+33'-6"L.5th FLOOR+43'-6"L.6th FLOOR+53'-6"L.ROOF TOP+63'-6"L.ROOF TOP CANOPY+71'-6"EAST SHOREDRIVEFROM B.F.E. + 2'OF FREEBOARD64'-0"7'-6"FROM GRADE71'-6"12'-8"50'-10"5'-0"8'-4"1'-2" 70'-0" 4'-8"56'-10"3'-4" 12'-5"56'-1"4'-4" 68'-6" 8'-0"FIRST HABITABLEFLOOR FROM B.F.E6'-0"ALUM.LOUVERS6'-0" VINYLFENCE8'-0" 6'-0"6'-8"55'-10"8'-4"24" (H)PLANTER24" (H)PLANTERCLUB DECKSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ELEVATIONS17.1SCALE: 1"=10'NORTH SIDE ELEVATION27.1SCALE: 1"=10'SOUTH SIDE ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.11 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COLOR ELEVATIONS17.2N.T.S.FRONT ELEVATION27.2N.T.S.REAR ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.21 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE COLOR ELEVATIONS17.3N.T.S.NORTH SIDE ELEVATION27.3N.T.S.SOUTH SIDE ELEVATIONJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-7.31 H57H56H55H52H54H53vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21Hvp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H 10 H 9 H 8 vpvpH19H18H17H49H51H50H26H 16 H 15 H 14 H25H24H 1 1 2 3 4 5 7 9 10 CC 1 2 3 4 5 7 9 10 6 6 8 8 DD BB AA 1 2 3 45678 15 14 13 1211109 16 12345678 151413121110916 11 11 ELEV.ELEV.14'-0" SETBACKBOARDWALK BOARDWALK 14'-0" SETBACKEAST SHORE DRIVEPOINSETTIA STREET 14'-0" SETBACK14'-0" SETBACKH 3 H 2 H45H46H48H47H44H43H23H22H21H20H 13 H 12 H 11 H 7 H 6 H 5 H 4 1 2 3 4 5 6 7 8 9 10 11 272912 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30 29 28 27 26 25 24 23 22 21 20 1 2 3 4 5 6 7 8 9 10 11 12 13 26 25 24 23 22 21 20 19 18 17 16 15 14 27 P H P P P P PPP P P P P H H H H H H H H H H H H H H H H H H H H 1A-8.3 1 A-8.1 1 A-8.2 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVENORTHJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.011A-8.0SCALE: 1"=20"ENLARGED FLOOR PLANS - KEY PLANENLARGED 1st FLOOR PLAN - KEY PLAN H57H56H55H52H54H53 vp31vp28vp37vp35vp33vp30vp36vp34vp32vp39vp38vp41vp42vp40H10H9H8vpvpH19H18H17H49H51H50H26H16H15H14H25H24H1123457910CC1234579106688DDBBAA12345678151413121110916123456781514131211109161111ELEV.ELEV.14'-0" SETBACK BOARDWALKBOARDWALK14'-0" SETBACK EAST SHORE DRIVE14'-0" SETBACK 14'-0" SETBACKH3H2 H45H46H48H47H44H43H23H22H21H20H13H12H11H7H6H5H412345678910 11 272912 13 14 15 16 1230127PHHHH18'-0"24'-0"1'-6"10'-0"18'-0"1'-6"11'-6"17'-0"27'-0"2'-8"27'-0"1'-6"9'-0"18'-0"3'-0"27'-0"3'-6"27'-0"1'-6"27'-0"3'-6"27'-0"2'-9"27'-0"1'-6"27'-0"1'-6"18'-0"1'-6"18'-0"1'-6"18'-0"24'-10"9'-0"1'-6"18'-0"2'-6"27'-0"21'-0"20'-0"18'-114"20'-0"18'-0"24'-0"18'-0"16'-3"18'-0"24'-0"10'-0"5'-0"42'-6"6'-0"12'-3"30'-0"12'-9"10'-0"23'-0"20'-9"18'-0"5'-0"5'-0"18'-0"24'-0"18'-0" 18'-0"18'-0"27'-0"36'-0" 9'-0"4'-0"81'-0" 9'-0"18'-0"24'-0"18'-0" 20'-0"9'-6"24'-0"34'-0"13'-4"50'-0"17'-0"23'-034"25'-4"18'-0"27'-0"276'-9"R3'-0"R3'-0"R15'-0"ROOFABOVE2nd FLOOR ABOVE2nd FLOORABOVE2nd FLOOR ABOVE2nd FLOOR ABOVE2nd FLOOR ABOVE2nd FLOOR ABOVECONCRETE CANOPY ABOVE16'-4"11'-11"R5'-0"SEA WALLSEA WALLSEA WALLWHEELCHAIR LIFT16'-0"18'-6"81'-10"30'-0"36'-0"9'-6" 14'-11"4'-0"10'-5"25'-6"5'-0"58'-0"22'-0"57'-0"R4'-0"7'-0"5'-0"8'-0"7'-0"11'-6"5'-0"17'-0"2'-6"28'-4"POOLLOBBYPOOLDECKCABANASJAC.UP TOCLUBROOMMARINA BOARDWALK ACCESS STORAGESTORAGECLUB ROOMSTORAGE3'-6" 21'-0"4'-0"5'-0"8'-3"5'-2"8'-3"10'-0"SIDEWALK2'-1"18'-0"29'-0"1'-6"29'-0"1'-6"18'-0"18'-0"13'-0"33'-0"40'-0"4'-0" 41'-23 4"3'-6"R15'-0"R15'-0"R5'-0"R5'-0"5'-0"5'-0"R20'-0"22'-0"81'-7"2'-0"BIKE RACKBIKE RACKBIKE RACK117'-414"30'-5"177'-034"105'-914"27'-1012"189'-612"GROUNDCOVERGROUNDCOVER18'-0"9'-0"12'-0"18'-0"5'-0"9'-0"9'-0"9'-0"9'-0"9'-0"R 1 5 ' - 0 "R15'-0"4'-0"6'-0"16'-6"5'-0"GROUND COVERGROUNDCOVERNO BOATSLIPNO BOATSLIP15'-0"15'-0"15'-0"15'-0"REQUIREDSETBACK14'-0"BUILDINGSETBACK27'-9"REQUIREDSETBACK0'-0"BUILDINGSETBACK5'-334"REQUIREDSETBACK14'-0"BUILDINGSETBACK41'-034"PARKINGSURFACESETBACK5'-034"TRASHRECEP.PLANTERBENCHBENCHBENCHTRASHRECEP.BENCHFOUNTAINTRASHRECEP.BENCHTRASHRECEP.BENCHBENCHTRASHRECEP.BENCHTRASHRECEP.TRASHRECEP.PLANTERBENCHBENCHBENCHBENCHGROUNDCOVERDUMPSTERAREAMARINA BOARDWALK ACCESS 1'-0"10'-0"10'-0"SIDEWALK2'-0"10'-0"SIDEWALK10'-0" 1'-0" 10'-0"CONCRETECROSSWALKCONCRETECROSSWALKCONCRETECROSSWALK6'-0"PARKINGSURFACESETBACK16'-3"EXISTING DOCKTO BE REMOVEDR1 5 ' - 0 "SEA WALLSEA WALLRAMP3'-0"5'-0"3'-0"EXIT ONLYENTRY ONLY8'-4"20'-514"5'-0"5'-6"6'-0"RAMPRAMPALUM. LOUVERALUM. LOUVERALUM. LOUVERALUM. LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPERGOLA &LOUVERPLANTER6'-0" VINYLFENCEHANGINGALUM.LOUVERHANGINGALUM.LOUVERHANGINGALUM.LOUVERHANGINGALUM.LOUVERSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (BUILDING)NORTH1A-8.1SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (BUILDING)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.111 1 2 3BOARDWALK 12345 6 7 8 9 10 11 12 13 14 15 16 17 18 19 30292827 26 25 24 23 22 21 20 1234 5 6 7 8 9 10 11 12 13 262524 23 22 21 20 19 18 17 16 15 14 27 PHP P P P PPP P P P P HH H H H H H H H H H H HHH H HHH H 13'-4"50'-0"SEA WALL SEA WALL16'-0"18'-6"81'-10"30'-0"R4'-0"8'-0"CLEARWATERHARBOR MARINA 76'-0"42'-8"262'-214"20'-0"20'-0"4'-0"30'-6"31'-0"4'-0"31'-0"35'-0"4'-0"15'-6"40'-0"40'-0"61'-6"6'-0"31'-0" 40'-0" 13'-0"33'-0"40'-0"4'-0"41'-234"20'-0"7'-0"17'-6"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"40'-0" 4'-0"16'-0"4'-0"33'-0"4'-0" 117'-414"30'-5"105'-914"27'-1012"4'-0"30'-0"6'-0"4'-0"4'-0"6'-0"16'-6"5'-0"33'-6"4'-0" GROUND COVER NO BOATSLIPNO BOATSLIP15'-0"15'-0"15'-0"PLANTER BENCHBENCH EXISTING DOCKTO BE REMOVED 00 P H Indicates Boat Slip number Public Boat Slip......... Hotel Boat Slip......... 22 Boat Slip 35 Boat Slip Total 57 Boat Slip Provided: Required: 1 vehicular prkg. sp. per 2 Public boat slips MARINA BOAT SLIPS & PARKING Marina vehicular prkg. sp. ..11 Parkg. Spaces SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (MARINA)NORTH1A-8.2SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (MARINA)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.211 vp2425VP23Hvp34vp42vp40vp38vp36vp26vp28vp30vp3243VP41VP39VP37VP35VP33VP31VP29VP27VP22H2VP4VP6VP8VP10VP12VP14VP16VP20VP1VP3VP5VP7VP9VP11VP13VP15VP17VP19VP18VP21H2 3 4 5 7 6 8 1 2 3 4 5 6 7 8 15 14 13 12 11 10 9 16 ELEV. ELEV. EAST SHORE D R I V E POINSETTIA STREET 18'-114"20'-0"10'-0"5'-0"42'-6"6'-0"12'-3"30'-0"20'-9"18'-0"5'-0"5'-0"18'-0"9'-0"4'-0"R3'-0" R3'-0" ROOF ABOVE CONCRETE CANOPY ABOVE 16'-4"11'-11"R5'-0"5'-0"115'-9"100'-0"115'-9"LOBBY STORAGESTORAGE 100'-0" 3'-6"R15'-0"R1 5 ' - 0 "R5'-0"R5' -0 " 5'-0"5'-0"R20'-0" 16'-0"18'-0"24'-0" 16'-0"15'-4"5'-012" 5'-0"9'-0"9'-0"18'-0"9'-0"99'-0"11'-012"13'-4"18'-0" 31'-4" 5'-012" 2'-0" BIKE RACK BIKE RACK9'-0"16'-0"9'-0"18'-0"9'-0"16'-0"2'-634"5'-734"GROUND COVER GROUND COVER 24'-0"38'-1134" GROUND COVER REQUIRED SETBACK 5'-0" PROPOSED SETBACK 5'-012" REQUIREDSETBACK5'-0" REQUIRED & PROPOSED SETBACK 5'-0" REQUIRED& PROPOSEDSETBACK5'-0"18'-0"16'-0"8'-6"BENCH TRASH RECEP. FOUNTAIN GROUND COVER 10'-0" SIDEWALK 1'-0"10'-0"CONCRETE CROSSWALK 10'-0" SIDEWALK 10'-0" SIDEWALK CONCRETE CROSSWALK CONCRETE CROSSWALK 6'-0"1'-0"10'-0"1'-0"10'-0"R15 '-0 "R15'-0"18'-0" PROPOSED SETBACK 5'-0" 10'-0"SIDEWALK1'-0"10'-0"RAMP 3'-0"5'-0" 3'-0" ENTRY ONLY 5'-0"6'-0" RAMP RAMP HANGING ALUM. LOUVER HANGING ALUM. LOUVER HANGING ALUM. LOUVER VEHICULAR USE AREAINTERIOR LANDSCAPE AREAVEHICULAR LANDSCAPE BUFFER AREATOTAL9,275.21 S.F.1,696.48 S.F.527.53 S.F.11,499.22 S.F.00H00VP00HREGULAR PARKING SPACEFOR VALET PARKING USEREGULAR PARKING SPACEHANDICAP PARKING SPACEPARKING LEGENDSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED 1st FLOOR PLAN (PARKING LOT)NORTH1A-8.3SCALE: 1"=10'ENLARGED 1st FLOOR PLAN (PARKING ACROSS STREET)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-8.32A-8.3SCALE: 1"=20'SURFACE PARKING LOT AREAS11 12345678KIT.LIVINGBALCONYM.BDR.BATHR.HALLLIVING11'-3"5'-6"3'-4"5'-0"14'-0"2'-6"4'-5"4'-0"32'-9"5'-0"14'-3"12'-0"8'-0"6'-3"4'-0"7'-7"14'-3"12'-5"12'-0"5'-0"5'-0"3'-10"8'-0"6'-2"6'-0"4'-4"5'-10"5'-0"6'-11"5'-0"11'-10"8'-11"5'-0"4'-0"8'-0"0'-6"11'-1"11'-1"3'-8"6'-7"6'-11"LIVING/DENM.BDR.M.BATHR.LIVINGKIT.BATHR.BDR.BALCONYW/D12'-10"5'-0"1'-10"9'-2" 11'-0"2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11" 5'-0"3'-0" 2'-0"15'-7"8'-0"4'-10"5'-2"11'-3"5'-0"2'-6"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-9"14'-9"13'-0"4'-7"2'-6"1'-0"15'-1"11'-0" 4'-7"4'-10"2'-0"M.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYW/D12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"4'-7" 2'-0"8'-4"3'-0"10'-11" 5'-0"3'-0" 2'-0"15'-7"8'-0"5'-0"11'-3"5'-2"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-9"14'-9"13'-0"4'-7"2'-6"1'-0"1'-0"15'-1"11'-0"4'-10"3'-5"2'-6"151413121110916M.BDR.BDR.LIVINGDININGKIT.BATHR.M.BATHR.W/DBALCONY17'-0"22'-0"4'-4"6'-0"11'-8"1'-6"15'-6"3'-6"12'-0"1'-11"6'-11"13'-0"1'-0"17'-5"3'-0"3'-11"9'-0"4'-0"10'-1"0'-5"3'-0"6'-10"5'-5"8'-7"4'-5"9'-10"5'-0"2'-0"11'-0"2'-0"10'-10" 4'-0" 0'-5" 8'-5" 13'-8" 3'-4"2'-11"2'-8"4'-9" 9'-5"4'-3"3'-8"8'-9" 3'-0"11'-1"5'-0"2'-6"3'-4"2'-0"5'-0" 8'-0"8'-8"9'-0" 22'-5"5'-0"1'-2"M.BDR.BDR.LIVINGKIT.BATHR.M.BATHR.W/DBALCONY15'-0"22'-0"4'-4"6'-0"11'-8"1'-6"13'-6"1'-3"12'-0"1'-11"6'-11"13'-0"15'-2"3'-0"3'-11"9'-0"4'-0"7'-3"3'-0"6'-10"5'-5"8'-7"4'-5"9'-10"5'-0"2'-0"11'-0"2'-0"10'-10" 4'-0"8'-5" 13'-8" 3'-0"10'-8" 9'-11"3'-9"3'-8"8'-9" 3'-0"11'-1"5'-0"2'-6"3'-4"2'-0"5'-0" 8'-0"8'-8"9'-10" 1'-2"5'-0"22'-5"1246812133579101415C1112345678M.BDR.LIVINGM.BATHR.BDR.BATHR.KIT.BALCONYW/D1'-0"1'-0"12'-10"4'-2"3'-3"8'-7"11'-0"3'-5"3'-5"2'-0"8'-4"3'-0"10'-11"5'-0"3'-0"2'-0"15'-7"8'-0"5'-0"11'-3"5'-2"6'-10"9'-8"3'-5"14'-0"11'-1"2'-0"1'-0"12'-0"1'-0"2'-0"6'-0"3'-11"14'-9"14'-9"14'-9"4'-7"2'-6"13'-1"4'-10"4'-7"2'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE1A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #1 (2nd thru 6th Floor)2A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #2&3 (2nd thru 6th Floor)3A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #4 (2nd thru 6th Floor)5A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #6 (2nd thru 6th Floor)6A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #7 (2nd thru 6th Floor)KEY PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.04A-9.0SCALE: 1/4" = 1'-0”TYPICAL UNIT #5 (2nd thru 6th Floor)1 ENLARGED UNITS FLOOR PLANS W/DKIT.BATHR.DENM.BATHR.M.BDR.LIVINGBALCONY1'-3"1'-0"1'-0"12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11"5'-0"3'-0" 2'-0"15'-7"8'-0"6'-10"5'-0"11'-3"5'-2"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"3'-5"6'-0"3'-11"1'-9"15'-0"14'-9"13'-0"4'-7"2'-6"15'-1"4'-10"4'-7"11'-0"2'-6"W/DBDR.BATHR.KIT.LIVINGM.BDR.BALCONYM.BATHR.12'-10"5'-0"1'-10"9'-2" 2'-0"3'-5"3'-5" 2'-0"8'-4"3'-0"10'-11"5'-0"3'-0" 2'-0"15'-7"8'-0"2'-0"4'-11"5'-2"11'-3"5'-0"4'-4"10'-10"3'-10"14'-0"13'-1"2'-0"1'-0"12'-0"1'-0"4'-0"6'-0"3'-11"1'-9"14'-5"14'-9"13'-0"4'-7"2'-6"15'-1"11'-0"4'-10"4'-7"2'-6"1246812133579101415C11M.BDR.M.BATHR.BATHR.LIVINGKIT.LIVINGBALCONYHALLBATHR.LIVING6'-11"5'-0"8'-0" 19'-11" 3'-0"7'-10"3'-0"6'-1" 2'-0"5'-0"2'-7"6'-6" 7'-0"5'-0"11'-1"6'-0" 5'-5"6'-8"4'-5"4'-5"6'-0"12'-10"8'-0"6'-7"5'-0"10'-0"16'-9"15'-9"2'-6"3'-0"2'-0"14'-10"8'-0"5'-0"31'-2"3'-4"8'-9"10'-6"2'-0"23'-3"12'-6"42'-10"6'-0"0'-6" 7'-9" 5'-0" 5'-0" 7'-4"9'-0"21'-3"W/D123456712345678910111213141516BATHR.OFFICECLUB ROOMKIT.BALCONY2'-0"15'-7"8'-0"2'-0"4'-11"4'-4"1'-0"4'-7"2'-6"14'-0"7'-11"7'-7"4'-6"9'-6"1'-4"6'-7"13'-11"6'-7"7'-8"12'-6"2'-0"30'-0"TIKI BAR11'-2"7'-6"17'-11"13'-2"4'-6"5'-0"22'-7"10'-8"6'-6"12'-6"16'-7"29'-6"21'-3"7'-1"8'-0"4'-10"90.00°8'-5"0'-9"6'-2"0'-8"1'-0"4'-0"8'-4"17'-8"0'-6"0'-6"7'-6"4'-0"5'-1"2'-0"3'-0"1'-7"4'-0"DN. TOPOOLDECK2'-0"2'-6"8LIVINGM.BATHR.BDR.BATHR.KIT.W/DM.BDR.BALCONY2'-0"4'-10"11'-3"5'-0"4'-4"18'-3"10'-10"14'-0"2'-0"12'-6"1'-3"12'-0"1'-9"13'-4"15'-0"4'-6"6'-0"4'-6"3'-0"5'-0" 15'-7"2'-6" 3'-0"10'-11"5'-0"3'-0"5'-2"8'-4" 4'-7"2'-0" 11'-0"3'-5"2'-0"3'-5"4'-10"4'-7"3'-0" 9'-2"1'-10"5'-0"12'-10"15'-0"15'-0"2'-6"2'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE ENLARGED UNITS FLOOR PLANS KEY PLAN2A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #9&10 (2nd thru 6th Floor)4A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #11 & 12 (2nd thru 6th Floor)5A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #13 (2nd thru 6th Floor)3A-9.1SCALE: 1/4" = 1'-0”(11) CLUB ROOM (2nd Floor)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.11A-9.1SCALE: 1/4" = 1'-0”TYPICAL UNIT #8 (2nd thru 6th Floor)1NOTE:ON THE 2nd FLOOR UNIT# 11 IS REPLACED BY THECLUB ROOM). BALCONYLIVING/DENBATHR.KIT.M.BATHR.M.BDR.LIVING31'-2"5'-0"11'-10"2'-0"7'-0"9'-0"11'-10"9'-5"5'-0"5'-0"13'-5"2'-10"3'-0"2'-0"4'-7"4'-5"19'-6"3'-3"4'-0"3'-9"8'-0"0'-6"4'-0"4'-5"11'-1"8'-0"3'-4"7'-9"11'-9"2'-4"5'-0"5'-0"2'-0"12'-1"7'-4"9'-0"21'-3"5'-0"11'-10"2'-0"7'-0"9'-0"4'-0"1246812133579101415C11BALCONYKIT.M.BATHR.M.BDR.LIVING5'-0"11'-10"2'-0"7'-0"9'-0"5'-0"11'-10"2'-0"7'-0"9'-0"11'-10"9'-5"6'-0"5'-0"11'-10"8'-11"5'-0"4'-0"19'-6" 3'-3"4'-0"3'-9"8'-0" 0'-6" 4'-0"4'-5"11'-1" 8'-0"11'-1" 4'-9"3'-8"6'-7" 12'-7" 6'-11"LIVING/DEN3'-0"2'-10"5'-0" SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE KEY PLAN1A-9.2SCALE: 1/4" = 1'-0”TYPICAL UNIT #14 (2nd thru 6th Floor)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018A-9.22A-9.2SCALE: 1/4" = 1'-0”TYPICAL UNIT #15 (2nd thru 6th Floor)1 ENLARGED UNITS FLOOR PLANS BUILDING FOOTPRINTLANSCAPE AREASWALKING AREASPARKING & VEHICULAR AREASWIMMING POOL & FOUNTAINMARINA BOARDWALKLEGEND:VEHICULAREXITVEHICULARENTRYMARINABOARDWALKACCESSPEDESTRIANACCESSPEDESTRIANACCESSPEDESTRIANACCESSSTAIRSVEHICULARDROP-OFF &PICK-UP ZONEEAST SHORE DRIVEPOINSETTIA AVENUECLEARWATERHARBORVEHICULARACCESSVEHICULARACCESS & EXITAMENITIESFOUNTAINDUMPSTERAREASTAIRSELEVATORSBICYCLE PARKINGBICYCLEPARKINGLOBBY10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALK10'-0"SIDEWALKBUILDING FOOTPRINTLEGEND:PARKING & VEHICULAR AREABOARDWALKBOARDWALKMARINA BOARDWALK ACCESS POOLPOOL DECKPOOL DECKEAST SHORE DRIVEPOINSETTIA AVENUECLEARWATERHARBORREQUIREDSETBACK14'-0"REQUIREDSETBACK14'-0"PROPOSEDBUILDINGSETBACK41'-034"PROPOSEDBUILDINGSETBACK27'-9"PROPOSEDBUILDINGSETBACK5'-334"15'-0"15'-0"15'-0"PARKINGSURFACESETBACK5'-34"PARKINGSURFACESETBACK16'-3"PARKINGSURFACESETABACK5'-214"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"REQUIREDSETBACK5'-0"NORTH1A-1.0SCALE: 1"=20"CONCEPTUAL SITE PLAN2A-1.0SCALE: 1"=20"BUILDING SETBACKSNORTHSEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE CONCEPTUAL SITE PLANJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-1.01 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.01 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.11 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.21 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE BUILDING MASSING STUDYJAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.31 SEAL DATENO. REVISIONS DESCRIPTION CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND COORDINATE ALL FIELD CONDITIONS. ALL DISCREPANCIES AND CONFLICTS SHALL BE REPORTED TO THE ARCHITECT IN WRITING PRIOR TO PROCEEDING OR CONTINUING WITH CONSTRUCTION. UNREPORTED DISCREPANCIES AND CONFLICTS SHALL REMAIN THE RESPONSIBILITY OF THE CONTRACTOR. CLIENT ARCHITECTURE, DESIGN, AND CONSTRUCTION MANAGEMENT FLORIDA REGISTRATION NO. AR0005065 EMAIL: JACK@JABODZIAK.COM JOHN A. BODZIAK ARCHITECT AIA, PA TEL: (727) 327-1966 FAX: (727) 826-0968 2325 ULMERTON RD. SUITE 21 CLEARWATER, FLORIDA 33762 PROFESSIONAL STATEMENT: TO THE BEST OF THIS ARCHITECT'S KNOWLEDGE, ENCLOSED PLANS AND SPECIFICATIONS COMPLY WITH THE APPLICABLE MINIMUM BUILDING CODES AND THE APPLICABLE MINIMUM FIRE SAFETY STANDARDS AS DETERMINED IN ACCORDANCE WITH CHAPTERS 553 AND 633, LAWS OF FLORIDA. 408 EAST SHORE DRIVE CLEARWATER, FLORIDA 33767 408 EAST SHORE DRIVE RENDERINGMARINA BOARDWALK ACCESSCLEARWATER HARBOR ELEVATIONSWIMMING POOL AREAFRONT ELEVATION (EAST SHORE DR)JAB PROJECT #SHEETDRAWNDATECSMay. 28, 19UPDATED ON2018-019DEC - 2018DAA-2.41 Ó= Boundary Lines= Water Line= Telephone Line= Gas Line= Sanitary Sewer Line= Storm Sewer Line= Top of Bank= Toe of Slope= Overhead Wire Lines= Fence - Wire= Fence - Chain Link= Fence - Vinyl= Fence - WoodLINE LEGENDLEGENDSYMBOL LEGEND(C)= Calculated Data(D)= Data per Description(F)= Field Determined(M)= Measured Data(P)= Data per Plat+ / -= Plus or MinusA/C = Air ConditionerBW/F = Barbwire FenceBFE= Base Flood ElevationBFP= Backflow PreventorCB= Chord BearingCH= ChordC.A.B.= Condominium Plat BookC/C = Covered ConcreteC/S = Concrete SlabC/SW = Concrete SidewalkCL = CenterlineCLF= Chainlink FenceCOV. = CoveredCLP = Concrete Light PoleCMP = Corrugated Metal PipeCONC. = ConcreteD = Delta AngleD.B.= Deed BookDDVCA= Double Detector Check Valve AssemblyD/W = DrivewayDMH= Drainage ManholeE/P= Edge of PavementEL = ElevationEOW = Edge of WaterERCP= Elliptical Reinforced Concrete PipeFCIR = Found Iron Rod & CapFCM= Found Concrete MonumentFFE= Finished Floor ElevationFIP = Found Iron PipeFIR = Found Iron Rod No CapFMN= Found Mag NailFND = Found Nail & DiskFPP = Found Pinched PipeG.I. = Grate InletGV = Gate ValveHYD = Fire HydrantI.E. = Invert ElevationLB = Corporate Certificate NumberLP = Light PoleLFE= Lowest Floor ElevationM.O.L. = More or LessMES = Mitered End SectionN&D= Nail & DiskNFNS= Not Found and Not SetOCS= Outfall Control StructureOHW= Overhead WireO.R.= Official Records BookP.B.= Plat BookPCP = Permanent Control PointPG(s) = Page(s)PLS = Professional Land SurveyorPOB = Point of BeginningPOC = Point of CommencementPRC = Point of Reverse CurvaturePRM = Permanent Reference MonumentR= RadiusRGE = RangeR/W = Right-of-wayRCP = Reinforced Concrete PipeSCM= Set Concrete Monument PLS #2865SCIR= Set Iron Rod & Cap 5/8" PLS #2865SMH = Sanitary ManholeSMN= Set Mag NailSN&D = Set Nail & Disc PLS #2865TBM= Temporary BenchmarkTOB = Top of BankTOS= Toe of SlopeTWP= TownshipUB = Utility BoxUP= Utility PoleV/F = Vinyl FenceW/F = Wood FenceWM= Water MeterW.O. = Work OrderWV = Water Valve= Backflow Preventor= Cable Box= Centerline= Cleanout= Decorative Light= Drainage Manhole= Fire Department Connection= Fire Hydrant= Gas Meter= Gas Valve= Grease Trap= Guy Anchor= Handicap= Lightpole= Mailbox= Power Box= Sanitary Manhole= Sign= Spot Elevation= Telephone Box= Utility Pole= Water Meter= Water Valve= WellTREE LEGENDMATCH LINESEE SHEET 1 MATCH LINESEE SHEET 2 ÓLEGENDSYMBOL LEGENDSURVEY NOTES:LEGAL DESCRIPTION:SURVEYOR'S CERTIFICATION:PROPERTY ADDRESS:(C)= Calculated Data(D)= Data per Description(F)= Field Determined(M)= Measured Data(P)= Data per Plat+ / -= Plus or MinusA/C = Air ConditionerBW/F = Barbwire FenceBFE= Base Flood ElevationBFP= Backflow PreventorCB= Chord BearingCH= ChordC.A.B.= Condominium Plat BookC/C = Covered ConcreteC/S = Concrete SlabC/SW = Concrete SidewalkCL = CenterlineCLF= Chainlink FenceCOV. = CoveredCLP = Concrete Light PoleCMP = Corrugated Metal PipeCONC. = ConcreteD = Delta AngleD.B.= Deed BookDDVCA= Double Detector Check Valve AssemblyD/W = DrivewayDMH= Drainage ManholeE/P= Edge of PavementEL = ElevationEOW = Edge of WaterERCP= Elliptical Reinforced Concrete PipeFCIR = Found Iron Rod & CapFCM= Found Concrete MonumentFFE= Finished Floor ElevationFIP = Found Iron PipeFIR = Found Iron Rod No CapFMN= Found Mag NailFND = Found Nail & DiskFPP = Found Pinched PipeG.I. = Grate InletGV = Gate ValveHYD = Fire HydrantI.E. = Invert ElevationLB = Corporate Certificate NumberLP = Light PoleLFE= Lowest Floor ElevationM.O.L. = More or LessMES = Mitered End SectionN&D= Nail & DiskNFNS= Not Found and Not SetOCS= Outfall Control StructureOHW= Overhead WireO.R.= Official Records BookP.B.= Plat BookPCP = Permanent Control PointPG(s) = Page(s)PLS = Professional Land SurveyorPOB = Point of BeginningPOC = Point of CommencementPRC = Point of Reverse CurvaturePRM = Permanent Reference MonumentR= RadiusRGE = RangeR/W = Right-of-wayRCP = Reinforced Concrete PipeSCM= Set Concrete Monument PLS #2865SCIR= Set Iron Rod & Cap 5/8" PLS #2865SMH = Sanitary ManholeSMN= Set Mag NailSN&D = Set Nail & Disc PLS #2865TBM= Temporary BenchmarkTOB = Top of BankTOS= Toe of SlopeTWP= TownshipUB = Utility BoxUP= Utility PoleV/F = Vinyl FenceW/F = Wood FenceWM= Water MeterW.O. = Work OrderWV = Water Valve= Backflow Preventor= Cable Box= Centerline= Cleanout= Decorative Light= Drainage Manhole= Fire Department Connection= Fire Hydrant= Gas Meter= Gas Valve= Grease Trap= Guy Anchor= Handicap= Lightpole= Mailbox= Power Box= Sanitary Manhole= Sign= Spot Elevation= Telephone Box= Utility Pole= Water Meter= Water Valve= Well= Boundary Lines= Water Line= Telephone Line= Gas Line= Sanitary Sewer Line= Storm Sewer Line= Top of Bank= Toe of Slope= Overhead Wire Lines= Fence - Wire= Fence - Chain Link= Fence - Vinyl= Fence - WoodLINE LEGENDTREE LEGENDMATCH LINE SEE SHEET 3 MATCH LINE SEE SHEET 2 Ó= Boundary Lines= Water Line= Telephone Line= Gas Line= Sanitary Sewer Line= Storm Sewer Line= Top of Bank= Toe of Slope= Overhead Wire Lines= Fence - Wire= Fence - Chain Link= Fence - Vinyl= Fence - WoodLINE LEGENDLEGENDSYMBOL LEGEND(C)= Calculated Data(D)= Data per Description(F)= Field Determined(M)= Measured Data(P)= Data per Plat+ / -= Plus or MinusA/C = Air ConditionerBW/F = Barbwire FenceBFE= Base Flood ElevationBFP= Backflow PreventorCB= Chord BearingCH= ChordC.A.B.= Condominium Plat BookC/C = Covered ConcreteC/S = Concrete SlabC/SW = Concrete SidewalkCL = CenterlineCLF= Chainlink FenceCOV. = CoveredCLP = Concrete Light PoleCMP = Corrugated Metal PipeCONC. = ConcreteD = Delta AngleD.B.= Deed BookDDVCA= Double Detector Check Valve AssemblyD/W = DrivewayDMH= Drainage ManholeE/P= Edge of PavementEL = ElevationEOW = Edge of WaterERCP= Elliptical Reinforced Concrete PipeFCIR = Found Iron Rod & CapFCM= Found Concrete MonumentFFE= Finished Floor ElevationFIP = Found Iron PipeFIR = Found Iron Rod No CapFMN= Found Mag NailFND = Found Nail & DiskFPP = Found Pinched PipeG.I. = Grate InletGV = Gate ValveHYD = Fire HydrantI.E. = Invert ElevationLB = Corporate Certificate NumberLP = Light PoleLFE= Lowest Floor ElevationM.O.L. = More or LessMES = Mitered End SectionN&D= Nail & DiskNFNS= Not Found and Not SetOCS= Outfall Control StructureOHW= Overhead WireO.R.= Official Records BookP.B.= Plat BookPCP = Permanent Control PointPG(s) = Page(s)PLS = Professional Land SurveyorPOB = Point of BeginningPOC = Point of CommencementPRC = Point of Reverse CurvaturePRM = Permanent Reference MonumentR= RadiusRGE = RangeR/W = Right-of-wayRCP = Reinforced Concrete PipeSCM= Set Concrete Monument PLS #2865SCIR= Set Iron Rod & Cap 5/8" PLS #2865SMH = Sanitary ManholeSMN= Set Mag NailSN&D = Set Nail & Disc PLS #2865TBM= Temporary BenchmarkTOB = Top of BankTOS= Toe of SlopeTWP= TownshipUB = Utility BoxUP= Utility PoleV/F = Vinyl FenceW/F = Wood FenceWM= Water MeterW.O. = Work OrderWV = Water Valve= Backflow Preventor= Cable Box= Centerline= Cleanout= Decorative Light= Drainage Manhole= Fire Department Connection= Fire Hydrant= Gas Meter= Gas Valve= Grease Trap= Guy Anchor= Handicap= Lightpole= Mailbox= Power Box= Sanitary Manhole= Sign= Spot Elevation= Telephone Box= Utility Pole= Water Meter= Water Valve= WellTREE LEGENDMATCH LINESEE SHEET 1 MATCH LINESEE SHEET 3 Ó= Boundary Lines= Water Line= Telephone Line= Gas Line= Sanitary Sewer Line= Storm Sewer Line= Top of Bank= Toe of Slope= Overhead Wire Lines= Fence - Wire= Fence - Chain Link= Fence - Vinyl= Fence - WoodLINE LEGENDLEGENDSYMBOL LEGEND(C)= Calculated Data(D)= Data per Description(F)= Field Determined(M)= Measured Data(P)= Data per Plat+ / -= Plus or MinusA/C = Air ConditionerBW/F = Barbwire FenceBFE= Base Flood ElevationBFP= Backflow PreventorCB= Chord BearingCH= ChordC.A.B.= Condominium Plat BookC/C = Covered ConcreteC/S = Concrete SlabC/SW = Concrete SidewalkCL = CenterlineCLF= Chainlink FenceCOV. = CoveredCLP = Concrete Light PoleCMP = Corrugated Metal PipeCONC. = ConcreteD = Delta AngleD.B.= Deed BookDDVCA= Double Detector Check Valve AssemblyD/W = DrivewayDMH= Drainage ManholeE/P= Edge of PavementEL = ElevationEOW = Edge of WaterERCP= Elliptical Reinforced Concrete PipeFCIR = Found Iron Rod & CapFCM= Found Concrete MonumentFFE= Finished Floor ElevationFIP = Found Iron PipeFIR = Found Iron Rod No CapFMN= Found Mag NailFND = Found Nail & DiskFPP = Found Pinched PipeG.I. = Grate InletGV = Gate ValveHYD = Fire HydrantI.E. = Invert ElevationLB = Corporate Certificate NumberLP = Light PoleLFE= Lowest Floor ElevationM.O.L. = More or LessMES = Mitered End SectionN&D= Nail & DiskNFNS= Not Found and Not SetOCS= Outfall Control StructureOHW= Overhead WireO.R.= Official Records BookP.B.= Plat BookPCP = Permanent Control PointPG(s) = Page(s)PLS = Professional Land SurveyorPOB = Point of BeginningPOC = Point of CommencementPRC = Point of Reverse CurvaturePRM = Permanent Reference MonumentR= RadiusRGE = RangeR/W = Right-of-wayRCP = Reinforced Concrete PipeSCM= Set Concrete Monument PLS #2865SCIR= Set Iron Rod & Cap 5/8" PLS #2865SMH = Sanitary ManholeSMN= Set Mag NailSN&D = Set Nail & Disc PLS #2865TBM= Temporary BenchmarkTOB = Top of BankTOS= Toe of SlopeTWP= TownshipUB = Utility BoxUP= Utility PoleV/F = Vinyl FenceW/F = Wood FenceWM= Water MeterW.O. = Work OrderWV = Water Valve= Backflow Preventor= Cable Box= Centerline= Cleanout= Decorative Light= Drainage Manhole= Fire Department Connection= Fire Hydrant= Gas Meter= Gas Valve= Grease Trap= Guy Anchor= Handicap= Lightpole= Mailbox= Power Box= Sanitary Manhole= Sign= Spot Elevation= Telephone Box= Utility Pole= Water Meter= Water Valve= WellTREE LEGENDMATCH LINESEE SHEET 1 MATCH LINESEE SHEET 2 BEACH BY DESIGN NARRATIVE PER SECTION V.B.2 The 405 EAST SHORE Drive The proposed project is a Waterfront 74 room Transient Hotel with a 57 boat slip Marina (22 Public Use/35 Hotel Use). The 1.115 acre property is bordered along the Marina Waterfront by the 15 foot wide Public Boardwalk designed to be installed in accordance with The Beach By Design Guidelines. - The inclusion of this Boardwalk along the Waterfront allows for an 80’ height bonus which the Developer is intentionally not utilizing. The height to the top of the Rooftop Sundeck elevator canopy is 64 feet above B.F.E. The habitable Hotel Room space is at 56 feet above B.F.E. -The Proposal for 74 Hotel Rooms include 8 Units from the Hotel Density Reserve and 11 TDR’s. -The 74 Unit Density as proposed, is conforming to an allowable density of 88.8 Units. -This Project sits on less than 2.5 acres, and as a result, the proposed 74 Units does not exceed the 100 room maximum allocation and the maximum allowable density. -Accessory uses of a Tiki Bar with limited food service, a pool and poolside deck area, a Fitness Center, a Club Room, and the inclusion on the site of a 57 boat slip Marina with the 15’ public Waterfront Boardwalk. -All Units in this development will be made available to transient hotel guests at all times. However, Units received from the reserve will be limited to a term of less than one (1) month or 31 consecutive days. -No hotel rooms in this project have a full kitchen. -Maximum building height at 64 feet above B.F.E. is well below the allowable 80 feet. -Building is not exceeding maximum building height with TDR units. -Evacuation/Closure covenants will be met and posted. -Access to all hotel units is through a lobby with internal, enclosed corridor on all guest floors. -The proposed development will comply with all Metropolitan Planning Organizations (MPO) Regulations Countywide Approach to the Application of Concurrency Management for Transportation, if applicable. -A reservation system will be in place prior to operation of this hotel. Owners are intent on interviewing three major chain management groups. -All books and records pertaining to the use of each hotel room will be open for inspection by authorized representative of the City upon reasonable notice to confirm compliance with all regulations as allowed by general law. PUBLIC BOARDWALK BUILDING DESIGN @ MARINA DISTRICT The Proposed 74 unit transient Resort Hotel at 64 feet above B.F.E. does not fully make use of the 80 foot height bonus for inclusion of the 15 foot Public Boardwalk along its Waterfront Marina. The Public Boardwalk shall be built at the Developers expense adjacent to the seawall in accordance with “The Marina District Boardwalk Design Guidelines and Specifications”. The project also proposes a landscaped pedestrian-oriented Public Access Walkway on the south property line to the Boardwalk, with Public Use of seating and a pavilion located on the Hotel Site along the seawall, allowing pedestrians long sightlines overlooking the Bay and Marina. The building was designed with a pedestrian-friendly environment in mind. Providing human scale and aesthetic appeal at street level with lush landscaping and low walls to screen street traffic, allowing for relaxed meandering and way-finding, while providing intimate spaces and insuring pedestrian safety. In the upper story facades there is variety and articulation utilizing balconies, windows and negative area to provide visual interest and insure that no plane of the building continues uninterrupted for greater than one hundred linear feet. NARRATIVE - SETBACKS The Setbacks as required and proposed are shown on Site Plans. The Side Yard Setbacks are exceptionally large on North and South Side Yards, creating exceptional View Corridors and Public Access to the Waterfront. The Setbacks on the Waterfront, while varying tremendously, accommodate the depth variations of the Site, from very tight on the North Side Yard to moderately accommodating on the South Side Yard. The South Setback provides the inclusion of a Public Access from street to the 15 foot Public Waterfront Walkway along the entire Marina Frontage. Required Proposed Front: 0 5’-3” min. N. Side Yard 10’-0” 42’-2” * S. Side Yard: 10’-0” 27’-0” * Rear (Waterfront): 18’-0” 18’-0” These Setbacks demonstrate the Developers wish to readily allow and encourage Public enjoyment of the Waterfront. 400, 405, 408, 409, 411 East Shore Drive 2019 1 - NARRATIVE - This Marina Residential District Site consists of 1.115 acres located on both sides of East Shore Drive with an additional 1.171 acres of Submerged Land stretching into Clearwater Harbor. As planned, it proposes a 74 Unit Transient Hotel with a 57 Slip Marina providing the 15 foot publicly accessible boardwalk and full Hotel Amenities and 100 Parking Spaces. The designer attempted to use the unusual shape and length of the site to avoid using maximum allowable height and building envelope, yet preserving large side yard setbacks with view corridors to the bay. This approach created a building of visually pleasant proportions without use of an overwhelming and imposing building mass. The Strong points of this are: 1. Proposed Design Avoids using Maximum available Building Height. 2. Allows for large Setbacks creating expansive View corridors. 3. Includes the 15’-0” ‘Beach by Design” Bayfront Public Walkway. 4. Invites Public Access by providing a Dockside Pavilion and Furniture areas. 5. Provides a Marina with Public, as well as, Hotel Access. Beach by Design Criteria A. Density: DESIGN RESPONSE: The Project as designed, will consist of a 74 Suite Transient Overnight Accommodation, at a Density of 66.67 units per acre based on a 1.115 (48,553.575 S.F.) acre parcel of Upland located on both sides of East Shore Drive. The 57 Slip Marina is located on a Submerged Land Area of approximately 1.171 acres (51,023.67 S.F.) that is also a part of the Property. B. Height & Separation: DESIGN RESPONSE: 1. Height: The highest base flood elevation on site is AE-11 feet. The maximum allowable building height in the Marina District for more than one acre on both sides of East Shore Drive is 80’-0” above the base flood elevation. Making use of the available 80 foot height is difficult with the shape of the Site, therefore, the proposed height hotel is at only 63'-6" above grade, 400, 405, 408, 409, 411 East Shore Drive 2019 2 56'-0" above BFE, plus two (2) feet of Freeboard. The narrow and long Building Envelope allows the Designer to accommodate the desired Density while maintaining larger setbacks and without using full available height or Building Mass. 2. Separation: The proposed hotel is a single Building with larger setbacks while a comfortable height at 56'-0" above BFE + 2'-0"" Freeboard, no separation requirements apply. 3. Floor Plates: a. Floor plates between 45'-0" in height and 56'-0" are all approximately 12,650 S.F, and no part of any Floor Plate exceeds 25,000 S.F. b. The mass and scale of the Design is substantially below allowable 80 foot Height while maintaining significant Side Yard Setbacks and View Corridors while creating a maximum Building Envelope of 55% volumetrically, significantly below the allowable 75% for Buildings with Units allocated from the Hotel Pool. Notching the Building is not required or practical, due to the shallow depth of the Building, having been dictated by the Site shape. C. Design, Scale and Mass of Building: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. DESIGN RESPONSE: The Designer avoided Use of the full allowable Height and Building Mass. The Building Massing Diagrams for the proposed Project can be found on Pages DAA-1.0 thru DAA-2.4. The Building Site is somewhat unusual, allowing a well-proportioned Building with Side Yard View Corridors and Pedestrian access to Clearwater Harbor. The Site is shallow, only 70.22' on the North Side Property Line and 168' on the South Side Property Line due to a Yard Bump Out. It is also very long at 300' on the Street and 405' on the water due to the Bump Out in the Southern third of the Property. The Building Footprint is: 17,601.47 sq. ft. The resulting Building Design and Massing is pleasantly accommodating to the Site 400, 405, 408, 409, 411 East Shore Drive 2019 3 dimensions, by taking advantage of its length, rather than utilizing the available height for a Hotel, while still introducing the necessary Site Amenities such as a Pool, Deck Areas and providing the Marina with the Public Boardwalk along the waterfront. The mass of the Building has vertical penetrations of the Elevator/Lobby area and Stair Towers occurring at roughly 1/3 proportions, that nicely create movement with the horizontal building massing, also avoiding any long uninterrupted run of balconies or a continuous façade, thus insuring that there are no single dimensions of the Building that are greater than 100 feet without an offset. Please reference the Site Plan for the Building Footprint. 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). DESIGN RESPONSE: No plane of the Building continues uninterrupted in excess of 60 feet, meeting the requirement of being less than 100'-0". The Building facade on E Drive, is broken by Elevator/Lobby structure and Fire Stair Tower massing that visually breaks the Roof Deck structure by approximately 16 feet and presents a visually appealing varied Elevation. 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an Elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. DESIGN RESPONSE: In the proposed elevation design, a significant portion of each façade is composed of windows, balconies, entry/lobby elements and stair tower elements that articulate the entire façade. The result is that each of the primary façades are covered in windows and/or architectural decoration. The minor North elevation meets the 60% requirements through decorative panels. West Elevation: 15,300 SF area > 9,275 SF opening and decoration = 61% East Elevation: 15,500 SF area > 10,150 SF opening and decoration = 62% North Elevation: 4,108 SF area > 2,460 SF opening and decoration = 60% South Elevation: 5,640 SF area > 3,910 SF opening and decoration = 69% See attached plans and elevations 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in those instances where an overnight accommodations use on less than 2.0 acres that has been 400, 405, 408, 409, 411 East Shore Drive 2019 4 allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. DESIGN RESPONSE: The proposed design occupies 52% of the “Theoretical Building Envelope” above 45’. This is significantly less than the allowable 75%. 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. DESIGN RESPONSE: 1. The proposed Building Height and Mass, makes use of the Parcels unique shape, while avoiding Use of the 80’-0” allowable Building Height for Hotels. The proposed Design with a Building Height of 56’-0” above BFE and large Side Yard Setbacks creates expansive View Corridors. 2. The East Shore Streetscape provides an inviting façade with Landscaping and Street Furniture areas. The Vehicular and Pedestrian Entry Access is graced with screening and an Entry Fountain. Adjacent Public Uses include the 22-slip for Public Use in the Marina Facility. 6. Buildings may be designed for a vertical or horizontal mix of permitting Uses. DESIGN RESPONSE: The Building will be designed to provide the Public access to the Marina and Waterfront Boardwalk, Hotel related Uses, and a mix of overnight accommodations and the Facilities Amenities, which are typical for a limited service Hotel. Currently we have a Club Room and an outdoor Tiki Bar facing the Pool Deck and Marina. The Marina Pavilion is located on the Public Boardwalk at the rear of the Building. We are allocating 2300 sq.ft. for a Roof Top Sundeck. With the exception of the Boardwalk and the 22 Boat Slips in the Marina, all other proposed common spaces within the Hotel are those typical for the exclusive use of the Hotel. The Amenities including Sundeck and Tiki Bar and Pavilion total 3.1% of the Hotel area, significantly less than the 10% accessory allowance. 2019 400, 405, 408, 409, 411 East Shore Drive D. Setbacks & Stepbacks: 1. Rights-of-way. The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: DESIGN RESPONSE: The Setback allowable on the Marina District recognizes the narrow Right-of-Way and shallow Upland properties that must be dealt with accordingly, as little as a zero (0) Front Yard Setback is allowed, although, having an exceptionally shallow and irregularly shaped Waterfront Site, the Design incorporates large Side Yard Setbacks and limited Height, using only 56'-0" of the allowable 80'-0" and using a five foot (5-0") Front Yard Setback in a limited area, with an average of 18'-0" depth from Property Line to Curb/Paved Surface creating the appearance of a larger Pedestrian way. A 10 foot wide sidewalk in the East Shore Drive r-o-w on both sides of the street adjacent to the subject parcels, is shown. The five foot wide area on the east side is a landscape area. 2. Side and Rear Setbacks Side and rear setbacks shall be governed by the provisions of the Tourist District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use. DESIGN RESPONSE: The Setbacks as required and proposed are shown on Site Plans and are exceptionally large on North and South Side Yards, creating exceptional View Corridors. The Setbacks on the Waterfront, while varying tremendously, accommodate the depth variations of the Site, from very tight on the North Side Yard to moderately accommodating on the South Side Yard. They are found on Plans as follows: Required Proposed Front: 0 5'-3" min N. Side Yard: 10'-0" 42'-2" S. Side yard: 10'-0" 27'-0" Rear (Waterfront): 18'-0" 18'-0" 3. Coronado and Hamden Drive Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along East Shore Drive shall be constructed in accordance with the following: 5 2019 400, 405, 408, 409, 411 East Shore Drive 6 a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). DESIGN RESPONSE: N/A b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A d. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights- of-way. DESIGN RESPONSE: N/A. 2019 400, 405, 408, 409, 411 East Shore Drive 7 e. Required step backs shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: N/A E. Street-Level Facades: The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: 1. at least sixty percent (60%) of the Street Level facades of Buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the purpose of this standard: a) street level facade means that portion of a building facade from ground level to a height of twelve feet (12'). DESIGN RESPONSE: The Street Level Facades exceed 60% transparency with Store-Front Lobby Entrance, Drop-off Drive accents and Screen Walls with Planters, Access Plazas, Street Furniture, Vehicular Drops and Fountain. b) transparent means windows or doors that allow pedestrians to see into: i. the building, or ii. landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or yardscaped courtyard. DESIGN RESPONSE: Windows at Lobby level will have visibility through the Low-E insulated Glass Windows and Doors in the Entry/Lobby and Elevator Stack on each level above. 2019 400, 405, 408, 409, 411 East Shore Drive 8 c) parking structures should utilize architectural details and design elements such a false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: At Street Level, Screen Walls, Automobile Drop-off/Valet, Fountain, Planters and Windows, screen the Garage from the East Shore Drive frontage with the exception of Drive Aisle Entries and a very few parking spaces visible in the large north side of building setback of 42'-0". 2. Window coverings, and other opaque materials may cover not more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. DESIGN RESPONSE: No window coverings are planned for the street level windows. These windows have a low-e tinting that is virtually not discernable. 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. DESIGN RESPONSE: Site Plan reflects a Valet Service Vehicular Drop-Off Driveway along East Shore Drive directing drop-off pedestrian guests to the Lobby Entrance Fountain and the Building Lobby on Grade with Elevators, transitioning Guests to Second Floor Check-in and the Club Room, leading out to a Pool view Tiki Bar facing Hotel Marina, with Public Boardwalk along Clearwater Bay. 2019 400, 405, 408, 409, 411 East Shore Drive 9 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. DESIGN RESPONSE: Any awnings or umbrellas proposed will contain at least three (3) distinct colors. Any bright colors will be limited to trims and other accents. No glass curtain walls are planned or provided. Pedestrian entrances will be sheltered by concrete slabs, in keeping with the Building’s Architectural Design. F. Parking Areas To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (3½’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: Parking is primarily located under the Building. Parking is screened by a number of elements on Street Front, including Street Furniture, a Fountain at the Entry Foyer, Stair Towers, Screen walls, Planters and Landscaping. 2019 400, 405, 408, 409, 411 East Shore Drive 10 One-hundred (100) Parking Spaces are provided including Valet, Handicap Spaces and Marina Parking. The lot across East Shore Drive, with 46 Spaces, is predominately Valet tended Parking and includes wall and landscaping buffers conforming to 'Beach by Design' standards. G. Signage Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. DESIGN RESPONSE: Signage is currently in process, as Project has not yet confirmed it's namesake since acquisition of the Northern Parcel. It will be done creatively, be simple, discrete and unique to the Project and still meeting all Code Criteria. H. Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-five feet (35') on centers. Portions of required sidewalks may be improved for non-pedestrian purposes including outdoor dining and landscape material, provided that: 1. movement of pedestrians along the sidewalk is not obstructed; and 2. on-pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. 2019 400, 405, 408, 409, 411 East Shore Drive 11 To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. DESIGN RESPONSE: Pedestrian movement along a distinctive Landscaping Paver designed sidewalk has no obstructions, has Street Furniture and has a well Landscaped buffered walkway access on the South Side Yard from East Shore Drive to the 15'-0" Waterfront Boardwalk that is shown along the 405' Marina Waterfront. I. Street Furniture and Bicycle Racks Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. DESIGN RESPONSE: Ten (10) Bicycle Racks are sheltered out of weather under the Building and are located behind screen enclosures. Street Furniture can be found on Page A-8.1. The installation, location and methodology will be coordinated with City Staff at time of Permit The original shelter overlooking the Marina was originally removed when it was deemed sitting in the Setback, by the City. Upon further discussion with the Staff, the Waterfront Pavilion, accessible from the 15 foot Waterfront Public Deck, has been put back into the Plan, along with several well located Seating Areas viewing the Marina and open Bay. We view this addition as similar to Street Furniture in Use, for enhanced Public Use and enjoyment, of the Beach by Design compliant Boardwalk. J. Street Lighting Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. 2019 400, 405, 408, 409, 411 East Shore Drive 12 DESIGN RESPONSE: Street lighting located along the Paver designed sidewalk is shown on Page A-8.1 with Fixtures that will enhance the Sidewalk traverse. Street Lighting is shown on SP-1.0. The installation, location and methodology will be coordinated with City Staff at time of Permit K. Fountains Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: 1. They should be supplemented with street furniture such as benches and trash receptacles, and 2. They should have rims that are: a. Tall enough to limit unsupervised access by small children, and b. Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. DESIGN RESPONSE: A Fountain has been included in the Front Yard by the Building Lobby Entry. See Page A-8.1. The Fountain will be supplemented with street furniture and trash receptacles, and have rims that are tall enough to limit unsupervised access by small children, and wide enough to permit seating. Street Furniture is also provided along the Paver Lined East Shore Drive Sidewalk, as well as along the 15 foot Public Boardwalk along the Bayfront Marina. L. Materials and Colors 1. Facades Finish materials and building colors will reflect Florida or Coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. 2019 400, 405, 408, 409, 411 East Shore Drive 13 DESIGN RESPONSE: Any awnings or umbrellas that are located on Waterfront Pool Deck and Tiki Bar areas and as proposed will contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. No glass curtain walls are planned or provided. 2. Sidewalks Sidewalks will be constructed of: a. Pavers; b. Patterned, distressed, or special aggregate concrete; or c. Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. DESIGN RESPONSE: Sidewalks are proposed to be Select-Color coordinated pavers (with the exception of ADA Transitions and Accesses), in a 5'- 0" Pedestrian Walk along East Shore Drive, conforming to ADA standards with Warning Pads and proper Cross Slopes. Sidewalks within Project from Street to Marine Boardwalk, at Pool Decks and at all surfaces under Building, will match color elements with Pavers in all areas. The 10 foot wide sidewalk in the East Shore Drive r-o-w is located on both sides of the street adjacent to the subject parcels. The five foot wide area on the east side is now a landscaped area. 3. Street Furniture Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. DESIGN RESPONSE: Street Furniture can be found on Page A-8.1. Also, Street Furniture and the original shelter overlooking the Marina was originally removed has been reinstated into the Plan 2019 400, 405, 408, 409, 411 East Shore Drive 14 when deemed appropriate to the Public Boardwalk along the Hotel Marina. a. Color Palette A recommended palette for building colors is presented on the following page. DESIGN RESPONSE: Finish materials and Building colors will reflect Florida or Coastal Marine vernacular themes. The building shall utilize the BBD color palates. Additional Design Items: 1. Waterfront Public Boardwalk: Specified by Design standards called out in 'Beach by Design' Guidelines, the Public Boardwalk is shown on Marina Waterfront and runs for the 405 feet of Seawall with access from the South Property Line. Waterfront Vision Triangles are shown on Plans in compliance with Design standards. A Pavilion Seating Area and periotic Seating Areas overlooking the Marina have been reinstated providing sheltered Seating for Public Viewing of the Marina Activity and the Open Bay. 2. Marina Facility: The Marina Consists of fifty-seven (57) in the water Boat slips, of which, twenty-two (22) are available for Public Use and thirty-five (35) are limited for Hotel Guest Use. Although no additional height is request in this Submittal, the Public Access Walkway located on the South Property Line construction of the 15'-0" Public Boardwalk Access along the Marina Frontage has been provided and should be taken into overall design consideration on this unusual Site of shallow depth. The Marina Pavilion and several Seating locations along the Boardwalk creates Hotel Guest and Public viewing areas throughout the Waterfront. The Parking for eleven (11) vehicles has been provided for the Public Use Boat Slips at one (1) Space per two (2) Boats. 15 EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 20 , by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on , 20 , Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the 16 benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 74 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of 17 construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 20 . In the Presence of: EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S Print Name: Print Name: By: John A. Bodziak, Architect, as Agent 18 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 20 , by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, on behalf of the companies, who is [ ] personally known to me, or who [ ] has produced as identification. Notary Public Print Name: My Commission Expires: 19 CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Rosemarie Call, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Michael P. Fuino, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 20 , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 020 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 20 , by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 21 EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of , 20 , by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated , 20 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its rights and to the Real Property or any portion or portions thereof to unrelated third-parties. 22 Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this day of , 20 . In the Presence of: EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies Print Name: By: John A. Bodziak, Architect, as Agent Print Name: As to "Developer" STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 20 , by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, who is [ ] personally known to me, or who [ ] has produced as identification. Notary Public Print Name: My Commission Expires: 23 CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Rosemarie Call, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Michael P. Fuino, Assistant City Attorney COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 20 , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 24 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 20 , by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 25 Schedule “A” a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 1/2 of Lot 6 & Subm Land/TIF Deed #17,411 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15 Ft of Lot 11 & Subm Land/TIF Deed #17,411 per Plat. d. Barbour-Morrrow Sub Blk C, S 35 Ft of Lot 11 & N 1/2 of Lot 12 & Subm Land/TIF Deed #17,411 per Plat. Resolution No. 19-06 RESOLUTION NO. 19-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND EAST SHORE INTERNATIONAL ENTERPRISES, LLC AND 411 E S; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with East Shore International Enterprises, LLC and 411 E S; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and East Shore International Enterprises, LLC and 411 E S, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2019. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 Permit Status is completed. 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013-03001 / HDA2014-02001 / FLD2013-03011 / FLD2014-03007 BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is completed. 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is completed. 521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014-04002 / FLD2013-11038 / FLD2014-06019 site plan as related to HDA214-04002 approved as part of FLD2013-11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. 650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013-02001 / FLS2013-02006 Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29-2016 and is Completed. Total Rooms Allocated from Reserve 463 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 443 East Shore Drive (Courtyard by Marriott)139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 FLD2012-03008 approved; time extension granted 10-10-2018: site plan expiration is 09-19-2020; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total propsoed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). 443 East Shore Drive (Courtyard by Marriott) 1st amendment 144 114.29 12/18/2019 1/17/2019 1/17/2020 1/17/2020 FLD2012-03008A Site plan approved; see comments above for permitting and other information. 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 10-10-2018: site plan expiration is 12-27-2022; BCP not submitted as of 05-28-2019 353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; time extension granted 10-10-2018: site plan expiration is 02-12-2021; BCP2019-040024 submitted 04-01-2019 405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 FLD2015-05016 approved; time extension granted 11-15-2017; site plan expiration is 02-10-2022; BCP not submitted as of 05-28-2019 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 40 Devon Drive (Sea Captain)66 98 0.659 148.70 32 N/A 10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02-08-2021; BCP not submitted as of 05-28-2019 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; time extension granted 11-27-2018; site plan expiration is 02-27-2022; BCP not submitted as of 05-28-2019 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10-22-2021; BCP not submitted as of 05-28-2019 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 12-29-2017; site plan expiration is 02-22-2022; BCP not submitted as of 05-28-2019 355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 / APP2017-00001 BCP2019-040435 submitted 04-12-2019; status: in review 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012 The original HDA (HDA2016-09001) expired and the 10 units were retunred to the Reserve. The same applicant has resubmitted their application at this address and is therefore listed twice in this sheet, once in this line item and once under units returned to the reserve, below. FLD2015-09036 approved; time extension granted 12-29-2017; site plan expiration is 08-16-2021; BCP not submitted as of 05-28-2019 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. HOTEL DENSITY RESERVE PROJECTS - APPROVED HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED N/A98117.001.953227100 71 1.26 68 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 2/7/2020 HDA2018-10002 BCP not submitted as of 04-15-0219 Total Rooms Allocated from Reserve 914 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A TBD TBD TBD HDA2019-03001 complete - 03-11-2019 Total Rooms Pending Allocation 8 Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,377 Total Rooms Pending Allocation 8 Total Remaining For Allocation 0 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Notes 706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15- 2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council July 20 and August 3, 2017; removed from top two tables; does not count towards rooms allocated. 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Agreement terminated; removed from top two tables; does not count towards rooms allocated. 657 Bay Esplanade 10 27 0.35 77.14 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. 10 Bay Esplanade 35 TBD 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) Total Rooms Returned 129 HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE HOTEL DENSITY RESERVE PROJECTS - PENDING Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9249-19 2nd rdg Agenda Date: 7/18/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9249-19 on second reading, amending the Clearwater Community Development Code, Section 5-1002, changing the composition of the Public Art and Design Board to include a representative from the Clearwater Arts Alliance, Inc. and a representative from Creative Pinellas. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2019 Ordinance No. 9249-19 ORDINANCE NO. 9249-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 5-1102, CLEARWATER COMMUNITY DEVELOPMENT CODE, CHANGING THE COMPOSITION OF THE PUBLIC ART AND DESIGN BOARD TO INCLUDE A REPRESENTATIVE FROM THE CLEARWATER ARTS ALLIANCE, INC. AND CREATIVE PINELLAS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Art and Design Board advises the City Council on issues regarding the Public Art and Design Program; and WHEREAS, the Clearwater Arts Foundation and the Pinellas County Arts Council are no longer active organizations, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 5-1102, Clearwater Development Code, is hereby amended as follows: Section 5-1102 – Composition. The public art and design board shall consist of seven members; one member of the Clearwater Arts Foundation Clearwater Arts Alliance, Inc., one Pinellas County Arts Council Creative Pinellas member, or designee, one landscape architect, architect, urban planner, or related design professional, one active professional artist, and three private citizens who are knowledgeable in the field of public art, education, or community affairs. Representatives of the Clearwater Arts Foundation Clearwater Arts Alliance, Inc. and the Pinellas County Arts Council Creative Pinellas shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the Clearwater Arts Foundation Clearwater Arts Alliance, Inc. and the Pinellas County Arts Council Creative Pinellas representative shall not be required to reside within the City of Clearwater. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Ordinance No. 9249-192 Approved as to form: Attest: ______________________________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9277-19 2nd rdg Agenda Date: 7/18/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9277-19 on second reading, vacating a blanket utility easement as recorded in Official Records Book 5138, Page 489 of the public records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2019 [RE15-1313-080/234621/1] Ord. No. 9277-19 ORDINANCE NO. 9277-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A BLANKET UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 5138, PAGE 489 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described in Exhibit “A” attached hereto, has requested that the City vacate said blanket easement; and WHEREAS, the City will require the owner to grant a defined utility easement in place of the vacated blanket utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said blanket easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The easement described as follows: See Exhibit “A” Is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1.The property owner granting to the City of Clearwater, Florida, a Utility Easement, over, under and across the real property described in Exhibit “B” (attached hereto and incorporated herein) for the construction, installation and maintenance of all utilities therein by the City of Clearwater. [RE15-1313-080/234621/1] Ord. No. 9277-19 Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk US-19 NE US-19 FRONTAGE RDW US-19 FRONTAGE RDDRUID RD HARN BLVD NURSERY RD SEVILLE BLVD OSAKA DR SUMMERLIN DR BURNICE DR TEAKWOOD DR BRENTWOOD DR NAGANO DR PEARCE DR GRENADA AVE BUTTERFLY DR CARACAS AVE EDENVILLE AVE FRUITLAND AVE DRIFTWOOD AVE FUJIAMA DR TA B A G O LN MORELAND DR BURMA AVE ALTIRA DR JA PO N IC A D R DICKENSON DR PERRY DR TEAHOUSE DR LOCATION MAP SiteLocation ^ ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Blanket Utility Easement Vacation 19337 US HWY 19 NParcel Number: 20-29-16-01325-000-0020 Page 1 of 1Aerial Flown 2018 Date:5/24/2019 Document Path: V:\GIS\Engineering\Location Maps\19337 US HWY 19 N.mxd OldTampaBay 310AGrid #:20-29s-16eS-T-R:WDMap Gen By:RBReviewed By: Name: Citizen Comment Card Address: /v > u 544. 4' V fr City: r ke(i'Sv Zip: ?1 SS Telephone Number: 7 ) T G 3/ G Sy Email Address: X27 j l &ir1 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: What is your position on the item? For Against /%(. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9279-19 2nd rdg Agenda Date: 7/18/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9279-19 on second reading, annexing certain real property whose post office address is 3040 Terrace View Lane, Clearwater, Florida 33759, 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 7/17/2019 Ordinance No. 9279-19 ORDINANCE NO. 9279-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF TERRACE VIEW LANE APPROXIMATELY 500 FEET WEST OF NORTH MCMULLEN BOOTH ROAD WHOSE POST OFFICE ADDRESS IS 3040 TERRACE VIEW LANE, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 9, Block D, KAPOK TERRACE, according to the map or plat thereof as recorded in Plat Book 36, page 14 through 15, Public Records of Pinellas County, Florida. (ANX2019-04011) 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. 9279-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Annexation Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (A ) 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45126 C E C D G B 234 5 6 7 8 9 10 11 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 114 5 6 7 8 9 2345678910 11 12 13 14 15 16 17 18 116 593593MOSS A V E GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE N GLEN OAK AVE E932 916 914 912 910 908 906 904 8 0 6 901 8 0 0 808 7 1 2 800 911 917 8 0 1 70 8 809 801 815 701 924 907 900 807 3069303530613034304130423080303630763021304730413031305530353049302930413058307030483052302030813047302430633030306430463075305730253074302630403046920 915 301930359304030230305030330601953477165723413040305330445-Not to Scale--Not a Survey-Date. 4/9/2019 Location Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) GRAND VIEW MERRILL HOYT AVEMOSSAVE AVE McMULLEN BOOTH RDL A K E Terrace View Ln DR OAK AVEVISTA GLEN AVEEDDIE C. MOORE RECREATION COMPLEX DREW ST a tth e w C la y to n C t-Not to Scale--Not a Survey-Date. 4/9/2019 PROJECT SITE ^ Aerial Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD LAKE VISTA DR LAKE VISTA DR TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE NGLEN OAK AVE N GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Date. 4/9/2019 Existing Surrounding Uses Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45126 C E C D G B 234 5 6 7 8 9 10 11 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 114 5 6 7 8 9 2345678910 11 12 13 14 15 16 17 18 116 593593MOSS A V E GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE N GLEN OAK AVE E932 916 914 912 910 908 906 904 8 0 6 901 8 0 0 808 7 1 2 800 911 917 8 0 1 70 8 809 801 815 701 924 907 900 807 3069303530613034304130423080303630763021304730413031305530353049302930413058307030483052302030813047302430633030306430463075305730253074302630403046920 915 301930359304030230305030330601953477165723413040305330445-Not to Scale--Not a Survey-Date. 4/9/2019 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial ANX2019-04011 Paul Stanka 3040 Terrace View Lane View looking north at subject property, 3040 Terrace View Lane. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9280-19 2nd rdg Agenda Date: 7/18/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9280-19 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3040 Terrace View Lane, 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 7/17/2019 Ordinance No. 9280-19 ORDINANCE NO. 9280-19 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 NORTH SIDE OF TERRACE VIEW LANE APPROXIMATELY 500 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3040 TERRACE VIEW LANE, 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 property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 9, Block D, KAPOK TERRACE, according to the map or plat thereof as recorded in Plat Book 36, page 14 through 15, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2019-04011) 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. 9279-19. Ordinance No. 9280-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Future Land Use Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45126 C E C D G B 234 5 6 7 8 9 10 11 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 114 5 6 7 8 9 234567 8910 11 12 13 14 15 16 17 18 116 593593RL RL RL RL RL CG RLRL WATER RL N N N N N N N N N 83MOSS A V E GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE N GLEN OAK AVE E71 2 807 801 701 906 809 8 0 1 917 910 8 0 6 911 916 904 900 915 914 907 8 0 0 808 932 908 924 708 800 305230413030304930413070305530473041303630253061303530423020304030813046301930313036308030603044303430293074302630583064306330473046304030533076303530483069302130753030302430573050920 912 901 815 770194165023303024477105953353040-Not to Scale--Not a Survey-Date. 4/10/2019 Location Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) GRAND VIEW MERRILL HOYT AVEMOSSAVE AVE McMULLEN BOOTH RDL A K E Terrace View Ln DR OAK AVEVISTA GLEN AVEEDDIE C. MOORE RECREATION COMPLEX DREW ST a tth e w C la y to n C t-Not to Scale--Not a Survey-Date. 4/9/2019 PROJECT SITE ^ Aerial Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD LAKE VISTA DR LAKE VISTA DR TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE NGLEN OAK AVE N GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Date. 4/9/2019 Existing Surrounding Uses Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45126 C E C D G B 234 5 6 7 8 9 10 11 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 114 5 6 7 8 9 2345678910 11 12 13 14 15 16 17 18 116 593593MOSS A V E GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE N GLEN OAK AVE E932 916 914 912 910 908 906 904 8 0 6 901 8 0 0 808 7 1 2 800 911 917 8 0 1 70 8 809 801 815 701 924 907 900 807 3069303530613034304130423080303630763021304730413031305530353049302930413058307030483052302030813047302430633030306430463075305730253074302630403046920 915 301930359304030230305030330601953477165723413040305330445-Not to Scale--Not a Survey-Date. 4/9/2019 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial ANX2019-04011 Paul Stanka 3040 Terrace View Lane View looking north at subject property, 3040 Terrace View Lane. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9281-19 2nd rdg Agenda Date: 7/18/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9281-19 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3040 Terrace View Lane, 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 7/17/2019 Ordinance No. 9281-19 ORDINANCE NO. 9281-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF TERRACE VIEW LANE APPROXIMATELY 500 FEET WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3040 TERRACE VIEW LANE, 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 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. 9279-19. Property Zoning District Lot 9, Block D, KAPOK TERRACE, according to the map or plat thereof as recorded in Plat Book 36, page 14 through 15, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2019-04011) Ordinance No. 9281-19 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Zoning Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45126 C E C D G B 234 5 6 7 8 9 10 11 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 114 5 6 7 8 9 234567 8910 11 12 13 14 15 16 17 18 116 593593N N N N N N N N N 83MOSS A V E GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE N GLEN OAK AVE ELMDR C 7 1 2 912 807 701 906 809 8 0 1 917 910 8 0 6 911 901 916 904 900 914 907 8 0 0 808 932 908 924 70 8 800 3052304130493041307030553047304130363025306130353042302030403081304630313080303430293074302630583064306330473046307630353048306930213075303030243057HDR 920 801 915 815 73031941652330301930330603044302471304030535953530403050-Not to Scale--Not a Survey-Date. 4/10/2019 Location Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) GRAND VIEW MERRILL HOYT AVEMOSSAVE AVE McMULLEN BOOTH RDL A K E Terrace View Ln DR OAK AVEVISTA GLEN AVEEDDIE C. MOORE RECREATION COMPLEX DREW ST a tth e w C la y to n C t-Not to Scale--Not a Survey-Date. 4/9/2019 PROJECT SITE ^ Aerial Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD LAKE VISTA DR LAKE VISTA DR TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE NGLEN OAK AVE N GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Date. 4/9/2019 Existing Surrounding Uses Map Owner(s): Paul Stanka Case: ANX2019-04011 Site: 3040 Terrace View Lane Property Size(Acres): ROW (Acres): 0.197 Land Use Zoning PIN: 09-29-16-45126-004-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 45126 C E C D G B 234 5 6 7 8 9 10 11 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 114 5 6 7 8 9 2345678910 11 12 13 14 15 16 17 18 116 593593MOSS A V E GRAND VIEW AVE N McMULLEN BOOTH RD LAKE VISTA DR TERRACE VIEW LN GLEN OAK AVE N GLEN OAK AVE E932 916 914 912 910 908 906 904 8 0 6 901 8 0 0 808 7 1 2 800 911 917 8 0 1 70 8 809 801 815 701 924 907 900 807 3069303530613034304130423080303630763021304730413031305530353049302930413058307030483052302030813047302430633030306430463075305730253074302630403046920 915 301930359304030230305030330601953477165723413040305330445-Not to Scale--Not a Survey-Date. 4/9/2019 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial ANX2019-04011 Paul Stanka 3040 Terrace View Lane View looking north at subject property, 3040 Terrace View Lane. West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Terrace View Lane View looking westerly along Terrace View Lane Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9293-19 2nd rdg Agenda Date: 7/18/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9293-19 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2019, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Stormwater Fund, Gas Fund and Parking Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2019 Ordinance No. 9293-19 42 ORDINANCE NO. 9293-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL PROGRAM FUND, STORMWATER FUND, GAS FUND AND PARKING FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2019, for operating purposes, including debt service, was adopted by Ordinance No. 9194-18; and WHEREAS, at the Mid Year Review it was found that an increase of $5,688,884 is necessary for revenues and an increase of $5,688,884 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9194-18 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2018 and ending September 30, 2019 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A EXHIBIT A 2018-19 BUDGET REVENUE 2018-19 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 2018/19 2018/19 2018/19 Amendments General Fund: Ad Valorem Taxes 60,858,200 60,858,200 60,858,200 - Utility Taxes 15,188,200 15,188,200 15,188,200 - Local Option, Fuel & Other Taxes 6,649,400 6,649,400 6,649,400 - Franchise Fees 9,748,000 9,748,000 9,748,000 - Other Permits & Fees 2,313,500 2,313,500 2,313,500 - Intergovernmental Revenues 23,141,960 23,285,629 23,285,629 Charges for Services 15,290,960 15,290,960 15,290,960 - Judgments, Fines & Forfeitures 1,184,000 1,184,000 1,184,000 - Miscellaneous Revenues 2,375,800 3,918,949 3,918,979 30 Transfers In 11,100,610 11,100,980 11,101,316 336 Other Financing Sources - - - - Transfer (to) from Reserves 288,370 (697,689) 1,353,701 2,051,390 Lease Purchase - - - - Total, General Fund 148,139,000 148,840,129 150,891,885 2,051,756 Special Revenue Funds: Special Development Fund 17,212,750 18,148,650 18,148,650 - Special Program Fund 923,050 2,248,878 3,921,980 1,673,102 Local Housing Asst Trust Fund 539,940 539,940 539,940 - Utility & Other Enterprise Funds: Water & Sewer Fund 103,723,090 103,724,266 103,724,266 - Stormwater Utility Fund 18,854,780 18,854,780 18,855,092 312 Solid Waste & Recycling Fund 26,743,600 26,743,600 26,743,600 - Gas Fund 47,617,850 47,617,850 49,581,397 1,963,547 Airpark Fund 325,600 325,600 325,600 - Marine Fund 4,675,460 5,035,460 5,035,460 - Clearwater Harbor Marina 815,200 815,200 815,200 - Parking Fund 6,935,540 6,935,540 6,935,707 167 Lease Purchase - - - - Grants - Internal Service Funds: Administrative Services Fund 12,387,530 12,387,734 12,387,734 - General Services Fund 5,561,310 5,561,516 5,561,516 - Garage Fund 20,176,620 20,566,842 20,566,842 - Central Insurance Fund 27,172,480 27,172,480 27,172,480 - Total, All Funds 441,803,800 445,518,465 451,207,349 5,688,884 43 Ordinance #9293-19 EXHIBIT A (Continued) EXHIBIT A (Continued) 2017-18 BUDGET EXPENDITURES 2017-18 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2018/19 2018/19 2018/19 Amendments General Fund: City Council 383,990 383,990 383,990 - City Manager's Office 1,087,350 1,087,380 1,087,380 - City Attorney's Office 1,746,160 1,746,160 1,746,160 - City Auditor's Office 230,950 230,962 230,962 - CRA Administration 410,030 410,057 410,057 - Economic Development & Housing Svc 1,921,310 1,921,310 1,921,310 - Engineering 7,991,460 7,991,460 7,991,796 336 Finance 2,584,870 2,585,047 2,585,047 - Fire 27,641,780 28,449,354 28,449,354 - Human Resources 1,521,310 1,521,386 1,521,386 - Library 7,439,790 7,439,790 7,439,790 - Non-Departmental 14,239,940 14,133,125 15,198,025 1,064,900 Official Records & Legislative Svcs 1,123,770 1,123,818 1,123,818 - Parks & Recreation 29,846,370 29,846,370 29,846,400 30 Planning & Development 6,151,040 6,151,040 6,151,040 - Police 42,351,890 42,351,890 43,338,380 986,490 Public Communications 1,170,840 1,170,840 1,170,840 - Public Utilities 296,150 296,150 296,150 - Total, General Fund 148,139,000 148,840,129 150,891,885 2,051,756 Special Revenue Funds: Special Development Fund 16,075,130 16,111,030 16,111,030 - Special Program Fund 898,050 2,223,878 3,896,980 1,673,102 Local Housing Asst Trust Fund 539,940 539,940 539,940 - Utility & Other Enterprise Funds: Water & Sewer Fund 103,723,090 103,724,266 103,724,266 - Stormwater Utility Fund 18,854,780 18,854,780 18,855,092 312 Solid Waste & Recycling Fund 26,273,760 26,273,760 26,273,760 - Gas Fund 44,708,470 44,708,470 46,672,017 1,963,547 Airpark Fund 304,940 304,940 304,940 - Marine Fund 4,395,110 5,015,110 5,015,110 - Clearwater Harbor Marina 815,110 815,110 815,110 - Parking Fund 5,395,890 5,492,284 5,492,451 167 Internal Service Funds: Administrative Services Fund 12,223,350 12,223,554 12,223,554 - General Services Fund 5,561,310 5,561,516 5,561,516 - Garage Fund 20,176,620 20,566,842 20,566,842 - Central Insurance Fund 27,151,320 27,151,320 27,151,320 - Total, All Funds 435,235,870 438,406,929 444,095,813 5,688,884 44 Ordinance #9293-19 Mid Year Budget Review Fiscal Year 2018-19 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Micah Maxwell, Assistant City Manager Department Directors SUBJECT: Mid year budget review - amended City Manager's annual budget report DATE: June 5, 2019 Attached is the mid year budget review in accordance with the City Code of Ordinances. The report is based on six months of activity (October 2018 through March 2019) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $2,051,756. The General Fund expenditure increase at mid year includes Council approved appropriations of General Fund reserves which total $2,051,390. Amendments include $226,390 to fund fiscal year 2018/19 increases from the Fraternal Order of Police (FOP) Officers and FOP Supervisors contract; and $1,825,000 to fund the purchase of the former North Ward Elementary School property. Other amendments to the General Fund include an increase of $336 to the engineering department which received the quarterly safety award with offsetting revenues recognized from the Central Insurance Fund, and a $30 increase in employee recognition in the parks and recreation department offset by donation received. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2018 books, and the adjustment to reserves noted above, estimated General Fund reserves at mid year are approximately $25.7 million, or 17.4% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $13.2 million. Mid Year Budget Review Fiscal Year 2018-19 City Manager's Transmittal Significant amendments to other city operating funds are noted as follows. Gas Fund Mid year amendments to Gas Fund expenditures reflect an increase of $1,963,547. Significant amendments include increases to overtime which total $251,600; a net increase of $1,020,403 to various operating accounts, primarily inventory for resale, utilities and operating supplies; an increase of $17,000 for building and maintenance charges; and an increase of $674,544 to transfers for the increased gas dividend payment to the General Fund. Capital Improvement Program Mid year amendments to the capital improvement program reflect a net increase of $375,145. This increase is primarily the result of the following amendments which are summarized on page 21: an increase of $417,368 in County Fire Tax revenues in the Countryside Fire Station project; increases which total $221,024 representing transfers between capital funds in the Miscellaneous Public Art and Beach Guard Facility Maintenance project due to accounting system conversion; and decreases which total $255,602 of lease purchase proceeds in the Gas Vehicle Additions, Police Vehicles, and Articulating Boom Lift projects. Special Program Fund The Special Program Fund reflects a net budget increase of $1,673,102 at mid year. Significant amendments include a transfer of $200,000 in General Fund revenues to provide additional funding needed to support special events; the recognition of $6,435 in governmental revenues supporting Police programs for investigative cost recovery; $129,764 in FEMA reimbursements for Hurricane Irma; $33,892 in donation revenues to support Police, Parks, and Library programs; $17,000 in receipts from foreclosure registry fees collected; $540,057 in revenues received for special events; $328,810 in fines and court proceeds to support the lien foreclosure program, public safety programs and the tree replacement program; and $417,143 in contractual service revenue for Police Extra Duty. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2018/19 2018/19 FY 18/19 First Variance % Adopted Quarter Mid Year YTD Actual vs.YTD vs.Mid Year Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 148,139,000 148,840,129 98,590,131 50,249,998 66%2,051,756 150,891,885 Expenditures 148,139,000 148,840,129 82,052,945 66,787,184 55%2,051,756 150,891,885 Utility Funds: Water & Sewer Fund Revenues 103,723,090 103,724,266 43,872,325 59,851,941 42%- 103,724,266 Expenditures 103,723,090 103,724,266 73,400,263 30,324,003 71%- 103,724,266 Stormwater Fund Revenues 18,854,780 18,854,780 10,622,751 8,232,029 56%312 18,855,092 Expenditures 18,854,780 18,854,780 13,299,331 5,555,449 71%312 18,855,092 Gas Fund Revenues 47,617,850 47,617,850 24,775,105 22,842,745 52%1,963,547 49,581,397 Expenditures 44,708,470 44,708,470 26,127,588 18,580,882 58%1,963,547 46,672,017 Solid Waste and Recycling Fund Revenues 26,743,600 26,743,600 13,935,795 12,807,805 52%- 26,743,600 Expenditures 26,273,760 26,273,760 12,029,848 14,243,912 46%- 26,273,760 Enterprise Funds: Marine Fund Revenues 4,675,460 5,035,460 2,259,008 2,776,452 45%- 5,035,460 Expenditures 4,395,110 5,015,110 2,319,439 2,695,671 46%- 5,015,110 Airpark Fund Revenues 325,600 325,600 168,612 156,988 52%- 325,600 Expenditures 304,940 304,940 251,445 53,496 82%- 304,940 Clearwater Harbor Marina Fund Revenues 815,200 815,200 453,039 362,161 56%- 815,200 Expenditures 815,110 815,110 604,332 210,778 74%- 815,110 Parking Fund Revenues 6,935,540 6,935,540 3,081,068 3,854,472 44%167 6,935,707 Expenditures 5,395,890 5,492,284 3,029,938 2,462,346 55%167 5,492,451 Internal Service Funds: General Services Fund Revenues 5,561,310 5,561,516 2,978,273 2,583,243 54%- 5,561,516 Expenditures 5,561,310 5,561,516 2,854,572 2,706,944 51%- 5,561,516 Administrative Services Revenues 12,387,530 12,387,734 6,214,901 6,172,833 50%- 12,387,734 Expenditures 12,223,350 12,223,554 6,222,077 6,001,477 51%- 12,223,554 Garage Fund Revenues 20,176,620 20,566,842 8,583,202 11,983,641 42%- 20,566,842 Expenditures 20,176,620 20,566,842 13,870,690 6,696,152 67%- 20,566,842 Central Insurance Fund Revenues 27,172,480 27,172,480 13,332,219 13,840,261 49%- 27,172,480 Expenditures 27,151,320 27,151,320 11,070,742 16,080,578 41%- 27,151,320 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2018-19 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 32 Special Development Fund ........................................................................................................... 37 Administrative Change Orders ...................................................................................................... 41 Ordinances ..................................................................................................................................... 42 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2018 through March 31, 2019. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2019. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget The budget as adopted by the City Council on September 20, 2018. Variance YTD Actual vs. Adopted Budget Difference between adopted budget and year to date actual. % YTD vs. Budget Percentage of adopted budget expended, year to date. Proposed Amendments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. 2 Amended Budget Adding the Original Budget and Adjustments. Capital Improvement Program The amended 2018/19 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget The budget as of October 1, 2018, which includes project budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes - At mid year,approximately 92%of budgeted property tax revenues have been collected.This is as projected,most property tax payments are made with in the first six months of the fiscal year, no amendment is proposed at this time. Other Permits and Fees - At mid year,68%of budgeted other permits and fee revenues have been collected.This is due to better than projected building/sign permit revenues.No amendment is proposed at this time. At mid year,70%of budgeted revenues have been collected. This is due to better than projected revenues from court fines and red light camera fines.No amendment is proposed at this time. Miscellaneous 30 At mid year,miscellaneous revenues reflect collections of 81% of budgeted revenues due to timing of revenues received. Amendments include an increase of $30.00 in donation revenue which is offset by an increase to the Parks and Recreation department for employee appreciation. 336 At mid year,transfer in revenues reflect an increase of $336 to recognize safety award funding from the Central Insurance Fund. Judgments, Fines & Forfeitures City of Clearwater General Fund Revenues Mid Year Amendments FY 2018/19 Transfers In 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2018/19 Mid year amendments reflect a appropriation of $2,051,390 to General Fund retained earnings.Amendments,include the following allocations: 226,390 1)An appropriation of $226,390 from fund reserves to provide increased funding for the Fraternal Order of Police (FOP)Officers and FOP Supervisors agreements as approved by the Council on March 21, 2019. 1,825,000 2)An appropriation of $1,825,000 from fund reserves to fund the purchase of the former North Ward Elementary School property as approved by the Council on April 4, 2019. 2,051,390 2,051,756 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description 336 At mid year,Engineering expenditures reflect an increase of $336 to employee recognition for receipt of the quarterly safety award. 30 Amendments to the Parks and Recreation Department reflect an increase of $30 to employee recognition offset by a revenue amendment recognizing the receipt of a donation; and a net zero amendment transferring a total of $200,000 from salary and operating savings to special program PRSE190001,Special Events to provide additional funding necessary to support special events. 986,490 Budget amendments in the Police Department reflect an increase of $986,490 to fund the cost of the FOP Officers and FOP Supervisors agreements which was approved by Council on March 21,2019.This increase is offset by an allocation of $226,390 from fund reserves and a transfer of $760,100 from non-departmental. Non-Departmental 1,064,900 Mid year amendments to Non-Departmental include a transfer of $760,100 to the Police Department to fund the FOP Officers and FOP Supervisors agreements as approved by Council on March 21,2019;and an increase of $1,825,000 to land development to fund the purchase of the former North Ward Elementary School property. 2,051,756 Net General Fund Expenditure Amendment Police Parks & Recreation Engineering City of Clearwater General Fund Expenditures Mid Year Amendments FY 2018/19 5 2018/19 Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 60,858,200 56,106,931 4,751,269 92%- 60,858,200 Utility Taxes 15,188,200 6,718,112 8,470,088 44%- 15,188,200 Local Option, Fuel and Other Taxes 6,649,400 3,431,030 3,218,370 52%- 6,649,400 Franchise Fees 9,748,000 4,129,126 5,618,874 42%- 9,748,000 Other Permits & Fees 2,313,500 1,571,228 742,272 68%- 2,313,500 Intergovernmental 23,285,629 9,354,547 13,931,082 40%- 23,285,629 Charges for Services 15,290,960 7,245,756 8,045,204 47%- 15,290,960 Judgments, Fines and Forfeitures 1,184,000 823,927 360,073 70%- 1,184,000 Miscellaneous Revenues 3,918,949 3,178,669 740,280 81%30 3,918,979 Transfers In 11,100,980 6,030,806 5,070,174 54%336 11,101,316 Total Revenues 149,537,818 98,590,131 50,947,687 66%366 149,538,184 Transfer (to) from Surplus (697,689) - (697,689) 0%2,051,390 1,353,701 Adjusted Revenues 148,840,129 98,590,131 50,249,998 66%2,051,756 150,891,885 General Fund Expenditures City Council 383,990 201,488 182,502 52%- 383,990 City Manager's Office 1,087,380 517,990 569,390 48%- 1,087,380 City Attorney's Office 1,746,160 790,931 955,229 45%- 1,746,160 City Auditor's Office 230,962 110,842 120,120 48%- 230,962 CRA Administration 410,057 247,712 162,345 60%- 410,057 Economic Development and Housing 1,921,310 1,052,780 868,530 55%- 1,921,310 Engineering 7,991,460 3,820,113 4,171,347 48%336 7,991,796 Finance 2,585,047 1,149,276 1,435,771 44%- 2,585,047 Fire 28,449,354 14,574,781 13,874,573 51%- 28,449,354 Human Resources 1,521,386 775,467 745,919 51%- 1,521,386 Library 7,439,790 3,944,366 3,495,424 53%- 7,439,790 Non-Departmental 14,133,125 12,441,868 1,691,257 88%1,064,900 15,198,025 Official Records and Legislative Svcs 1,123,818 524,851 598,967 47%- 1,123,818 Parks & Recreation 29,846,370 15,878,350 13,968,020 53%30 29,846,400 Planning & Development 6,151,040 3,034,783 3,116,257 49%- 6,151,040 Police 42,351,890 22,282,536 20,069,354 53%986,490 43,338,380 Public Communications 1,170,840 551,902 618,938 47%- 1,170,840 Public Utilities 296,150 152,908 143,242 52%- 296,150 Total Expenditures 148,840,129 82,052,945 66,787,184 55%2,051,756 150,891,885 For Six Month Period of October 1, 2018- March 31, 2019 GENERAL FUND MID YEAR REVIEW 6 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 87,465,240 42,483,200 44,982,040 49%- 87,465,240 Judgments, Fines and Forfeits 271,000 167,520 103,480 62%- 271,000 Miscellaneous 837,460 1,220,429 (382,969) 146%- 837,460 Transfers In 1,176 1,176 - 100%- 1,176 Fund Equity 15,149,390 - 15,149,390 0%- 15,149,390 Total Revenues 103,724,266 43,872,325 59,851,941 42%- 103,724,266 Water & Sewer Expenditures: Public Utilities Administration 1,636,416 758,250 878,166 46%- 1,636,416 Wastewater Collection 16,074,400 13,233,504 2,840,896 82%- 16,074,400 Public Utilities Maintenance 5,739,030 2,822,700 2,916,330 49%- 5,739,030 WPC / Plant Operations 33,961,510 30,051,028 3,910,482 88%- 33,961,510 WPC / Laboratory Operations 2,704,510 1,868,933 835,577 69%- 2,704,510 WPC / Industrial Pretreatment 920,550 405,654 514,896 44%- 920,550 Water Distribution 10,954,390 11,977,473 (1,023,083) 109%10,156,500 21,110,890 Water Supply 18,682,630 9,882,591 8,800,039 53%- 18,682,630 Reclaimed Water 2,894,330 2,400,129 494,201 83%- 2,894,330 Non-Departmental 10,156,500 - 10,156,500 0%(10,156,500) - Total Expenditures 103,724,266 73,400,263 30,324,003 71%- 103,724,266 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2018/19. No amendments are proposed to Water and Sewer Fund revenues at mid year. Expenditures reflect 71%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments include the transfer of the budgeted costs for debt service from the non-departmental cost center to water distribution to better align the budget with actual activity. 7 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 18,336,780 9,250,402 9,086,378 50%- 18,336,780 Judgments, Fines and Forfeits 70,000 41,184 28,816 59%- 70,000 Miscellaneous 448,000 1,331,165 (883,165) 297%- 448,000 Transfers In - - - ~312 312 Fund Equity - - - ~- - Total Revenues 18,854,780 10,622,751 8,232,029 56%312 18,855,092 Stormwater Expenditures: Stormwater Management 12,280,060 8,802,531 3,477,529 72%60 12,280,120 Stormwater Maintenance 6,574,720 4,496,800 2,077,920 68%252 6,574,972 Total Expenditures 18,854,780 13,299,331 5,555,449 71%312 18,855,092 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:312 Stormwater Fund Expenditures:312 At mid year, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2018/19. At mid year,amendments to Stormwater Fund revenues reflect an increase of $312 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. At mid year,expenditures reflect 71%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments to Stormwater Fund expenditures reflect an increase of $312 to employee recognition for receipt of the quarterly safety award. 8 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW GAS FUND Gas Revenues: Charges for Service 47,036,860 24,265,155 22,771,705 52%1,927,907 48,964,767 Judgments, Fines and Forfeits 132,000 69,022 62,978 52%- 132,000 Miscellaneous 448,990 440,928 8,062 98%35,640 484,630 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 47,617,850 24,775,105 22,842,745 52%1,963,547 49,581,397 Gas Expenditures: Administration & Supply 23,922,570 11,432,477 12,490,093 48%591,326 24,513,896 South Area Gas Operations 8,099,530 6,299,001 1,800,529 78%788,628 8,888,158 North Area Gas Operations 6,206,570 4,383,829 1,822,741 71%135,620 6,342,190 Marketing & Sales 6,479,800 4,012,280 2,467,520 62%447,973 6,927,773 Total Expenditures 44,708,470 26,127,588 18,580,882 58%1,963,547 46,672,017 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:1,963,547 Gas Fund Expenditures:1,963,547 At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $2,909,380 for fiscal year 2018/19. At mid year,Gas Fund revenues reflect amendments which net an increase of $1,963,547.Amendments include the following:1)an increase totaling $1,927,907 in charges for service revenues representing increases in various gas sales and installation charges and 2)an increase of $35,640 in miscellaneous revenue for interest earnings and other general revenue. Mid year expenditure amendments reflect a net increase of $1,963,547.Amendments include:1)a net increase of $251,600 in personnel for increased overtime;2)a net increase of $1,020,403 to other operating expense which represent increases to inventory/fuel purchases,operating supplies,utilities,equipment purchases,and uniforms;3)an increase of $17,000 to internal services for building and maintenance charges;and 4)an increase of $674,544 to interfund transfers for the increased gas dividend payment to the General Fund. 9 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 962 39 96%- 1,000 Charges for Service 23,659,000 11,858,393 11,800,607 50%- 23,659,000 Judgments, Fines and Forfeits 85,000 51,477 33,523 61%- 85,000 Miscellaneous 512,000 770,619 (258,619) 151%- 512,000 Transfers In - - - ~- - Solid Waste Revenues 24,257,000 12,681,449 11,575,551 52%- 24,257,000 Recycling Revenues: Other Permits and Fees 400 288 113 72%- 400 Intergovernmental - - - ~- - Charges for Service 2,295,000 1,182,059 1,112,941 52%- 2,295,000 Judgments, Fines and Forfeits 8,000 4,802 3,198 60%- 8,000 Miscellaneous 183,200 67,197 116,003 37%- 183,200 Transfers In - - - ~- - Recycling Revenues 2,486,600 1,254,346 1,232,254 50%- 2,486,600 Fund Equity - - - ~- - Total Revenues 26,743,600 13,935,795 12,807,805 52%- 26,743,600 Solid Waste Expenditures: Collection 18,633,870 8,497,807 10,136,063 46%- 18,633,870 Transfer 1,756,070 837,129 918,941 48%- 1,756,070 Container Maintenance 889,510 457,425 432,085 51%- 889,510 Administration 1,087,370 549,780 537,590 51%- 1,087,370 Solid Waste Expenditures 22,366,820 10,342,141 12,024,679 46%- 22,366,820 Recycling Expenditures: Residential 1,609,530 731,620 877,910 45%- 1,609,530 Multi-Family 440,920 218,914 222,006 50%- 440,920 Commercial 1,856,490 737,174 1,119,316 40%- 1,856,490 Recycling Expenditures 3,906,940 1,687,707 2,219,233 43%- 3,906,940 ~ Total Expenditures 26,273,760 12,029,848 14,243,912 46%- 26,273,760 At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $469,840 for fiscal year 2018/19. 10 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- No amendments are proposed to Solid Waste and Recycling Fund revenues at mid year. No amendments are proposed to Solid Waste and Recycling Fund expenditures at mid year. 11 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 4,500 2,257 2,243 50%- 4,500 Charges for Service 4,931,960 2,195,099 2,736,861 45%- 4,931,960 Judgments, Fines and Forfeits 3,000 1,019 1,981 34%- 3,000 Miscellaneous Revenue 96,000 60,633 35,367 63%- 96,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 5,035,460 2,259,008 2,776,452 45%- 5,035,460 Marine Expenditures: Marina Operations 4,977,540 2,307,790 2,669,750 46%- 4,977,540 Seminole Street Boat Ramp 37,570 11,650 25,920 31%- 37,570 Total Expenditures 5,015,110 2,319,439 2,695,671 46%- 5,015,110 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For The Six Month Period of October 1, 2018 - March 31, 2019 ENTERPRISE FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the Marine Fund exceed anticipated expenditures by $20,350 for fiscal year 2018/19. No amendments are proposed to Marine Fund revenues at mid year. No amendments are proposed to Marine Fund expenditures at mid year. 12 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 ENTERPRISE FUNDS MID YEAR REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 795,000 430,776 364,224 54%- 795,000 Judgments, Fines and Forfeits 800 270 530 34%- 800 Miscellaneous Revenue 19,400 21,993 (2,593) 113%- 19,400 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 815,200 453,039 362,161 56%- 815,200 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 815,110 604,332 210,778 74%- 815,110 Total Expenditures 815,110 604,332 210,778 74%- 815,110 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At mid year, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $90 for fiscal year 2018/19. No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. No amendments are proposed to Clearwater Harbor Marina Fund expenditures at mid year.Expenditures reflect 74%of total budget due to transfers to the capital fund which happen in the first period of the year. 13 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 ENTERPRISE FUNDS MID YEAR REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 20,000 7,328 12,672 37%- 20,000 Miscellaneous Revenue 305,600 161,283 144,317 53%- 305,600 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 325,600 168,612 156,988 52%- 325,600 Airpark Expenditures: Airpark Operations 304,940 251,445 53,496 82%- 304,940 Total Expenditures 304,940 251,445 53,496 82%- 304,940 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At mid year, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $20,660 for fiscal year 2018/19. No amendments are proposed to Airpark Fund revenues at mid year. No amendments are proposed to Airpark Fund expenditures at mid year.Expenditures reflect 82%of total budget due to transfers to the capital fund which happen in the first period of the year. 14 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND Parking Revenues: Charges for Service 6,083,090 2,585,688 3,497,402 43%- 6,083,090 Judgments, Fines and Forfeits 650,450 317,725 332,725 49%- 650,450 Miscellaneous Revenue 202,000 177,654 24,346 88%- 202,000 Transfers In - - - ~167 167 Fund Equity - - - ~- - Total Revenues 6,935,540 3,081,068 3,854,472 44%167 6,935,707 PARKING FUND EXPENDITURES Engineering/Parking System 3,905,724 2,249,412 1,656,312 58%121 3,905,845 Engineering/Parking Enforcement 650,450 301,276 349,174 46%46 650,496 Parks & Rec/Beach Guards 936,110 479,250 456,860 51%- 936,110 Total Expenditures 5,492,284 3,029,938 2,462,346 55%167 5,492,451 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:167 Parking Fund Expenditures:167 At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,443,256 for fiscal year 2018/19. At mid year,amendments to Parking Fund revenues reflect an increase of $167 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. At mid year,amendments to Parking Fund expenditures increase employee recognition by $167 for receipt of the quarterly safety award. 15 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 5,522,310 2,850,478 2,671,832 52%- 5,522,310 Miscellaneous Revenues 39,000 127,589 (88,589) 327%- 39,000 Transfers In 206 206 - 100%- 206 Fund Equity - - - ~- - Total Revenues 5,561,516 2,978,273 2,583,243 54%- 5,561,516 General Services Expenditures: Administration 403,498 209,794 193,704 52%- 403,498 Building & Maintenance 5,158,018 2,644,778 2,513,240 51%- 5,158,018 Total Expenditures 5,561,516 2,854,572 2,706,944 51%- 5,561,516 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2018/19. No amendments are proposed to General Services Fund revenues at mid year. No amendments are proposed to General Services Fund expenditures at mid year. For The Six Month Period of October 1, 2018 - March 31, 2019 INTERNAL SERVICE FUNDS MID YEAR REVIEW 16 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 INTERNAL SERVICE FUNDS MID YEAR REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 12,238,530 6,107,724 6,130,806 50%- 12,238,530 Miscellaneous Revenues 149,000 106,973 42,027 72%- 149,000 Transfers In 204 204 - 100%- 204 Fund Equity - - - ~- - Total Revenues 12,387,734 6,214,901 6,172,833 50%- 12,387,734 Administrative Services Expenditures: Info Tech / Admin 396,654 213,418 183,236 54%140 396,794 Info Tech / Network Svcs 3,983,890 1,983,854 2,000,037 50%(140) 3,983,750 Info Tech / Software Applications 2,996,710 1,813,292 1,183,418 61%- 2,996,710 Info Tech / Telecommunications 840,730 392,119 448,611 47%- 840,730 Public Comm / Courier 191,310 57,696 133,615 30%- 191,310 Clearwater Customer Service 3,814,260 1,761,699 2,052,561 46%- 3,814,260 Total Expenditures 12,223,554 6,222,077 6,001,477 51%- 12,223,554 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- No amendments are proposed to Administrative Services Fund revenues at mid year. Amendments to Administrative Services Fund expenditures reflect increases and decreases to various expenditures which net to zero. At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $164,180 for fiscal year 2018/19. 17 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 INTERNAL SERVICE FUNDS MID YEAR REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 18,397,890 8,242,006 10,155,884 45%- 18,397,890 Miscellaneous Revenues 733,000 340,973 392,027 47%- 733,000 Transfers In 222 222 - 100%- 222 Fund Equity 1,435,730 - 1,435,730 0%- 1,435,730 Total Revenues 20,566,842 8,583,202 11,983,641 42%- 20,566,842 Garage Fund Expenditures: Fleet Maintenance 17,740,210 11,596,863 6,143,347 65%- 17,740,210 Radio Communications 2,826,632 2,273,827 552,805 80%- 2,826,632 Total Expenditures 20,566,842 13,870,690 6,696,152 67%- 20,566,842 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2018/19. No amendments are proposed to Garage Fund revenues at mid year. No amendments are proposed to Garage Fund expenditures at mid year.Expenditures reflect 67%of total budget due to transfers to the capital fund which happen in the first period of the year. 18 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 26,645,480 12,703,350 13,942,130 48%- 26,645,480 Miscellaneous Revenues 527,000 628,869 (101,869) 119%- 527,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 27,172,480 13,332,219 13,840,261 49%- 27,172,480 Central Insurance Expenditures: Finance / Risk Management 499,900 161,796 338,104 32%- 499,900 HR / Employee Benefits 399,550 188,839 210,711 47%- 399,550 HR / Employee Health Clinic 1,752,040 534,018 1,218,022 30%- 1,752,040 Non-Departmental 24,499,830 10,186,088 14,313,742 42%- 24,499,830 Total Expenditures 27,151,320 11,070,742 16,080,578 41%- 27,151,320 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At mid year, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $21,160 for fiscal year 2018/19. No amendments are proposed to Central Insurance Fund revenues at mid year. No amendments are proposed to Central Insurance Fund expenditures at mid year. 19 CAPITAL IMPROVEMENT PROGRAM Mid-Year Summary FY 2018/19 20 The amended 2018/19 Capital Improvement Program budget report is submitted for the City Council's Mid-Year review. The net proposed amendment is a budget increase in the amount of $375,145. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity: ➢ Countryside Fire Station - To record a budget increase in the amount of $417,368 in County Fire Protection Tax. ➢ Miscellaneous Public Art – To record a budget increase of $112,785 of Public Art funding, recognizing unspent revenues transferred from the historical project due to system conversion. ➢ Beach Guard Facility Maintenance - To record a budget increase of $108,239 in Parking Fund revenue, recognizing unspent revenues transferred from the historical project due to system conversion. ➢ Gas Vehicle Additions - To record a budget decrease of $161,706 of Lease Purchase Proceeds. ➢ Police Vehicles - To record a budget decrease of $83,346 of Lease Purchase Proceeds. ➢ Articulating Boom Lift – To record a budget decrease of $10,550 of Lease Purchase Proceeds. We have no significant budget increases that have been previously approved by the City Council. Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Police Range Improvements - CLOSE PROJECT 1 315-91150 (2,031) To record a budget transfer in the amount of $2,031.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-94238, Police Vehicles. The Police Range project will be closed. (2,031) Fire Engine Replacement 2 316-91218 11,000 * To reclass a first quarter amendment, which should have been posted to 316-91218, Fire Engine Replacement instead of 316-91236, Rescue Vehicle.11,000 Rescue Vehicle 3 316-91236 (11,000) * To reclass a first quarter amendment, which should have been posted to 316-91218, Fire Engine Replacement.(11,000) Countryside Fire Station - CLOSE PROJECT 4 315-91268 (640,981) To record a budget transfer in the amount of $640,980.67 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project FD00190002, Fire Station 47 Replacement. The Countryside Fire Station project is complete and will be closed. 417,368 To record a budget increase in the amount of $417,368.00 of County Fire Protection Tax to bring budget in line with actual receipts.(223,613) Lakeview Fire Station - CLOSE PROJECT 5 315-91273 (4,198,460) To record a budget transfer in the amount of $4,198,460.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project FD00190002, Fire Station 47 Replacement, for conversion to new project accounting software. This project will be closed.(4,198,460) Fire Station 47 Replacement - NEW PROJECT 6 FD00190002 4,839,441 To record a budget transfers of Infrastructure Sales Tax (Penny for Pinellas) revenue of $640,980.67 from project 315-91268, Countryside Fire Station, and $4,198,460.00 from project 315-91273, Lakeview Fire Station.4,839,441 Video Teleconferencing Equipment - Fire 7 G1803 (30,425) * To record a budget decrease in the amount of $30,425.00 of General Fund revenue. This eliminates the fiscal year 2018 amendment which was duplicated in the fiscal year 2018/19 budget.(30,425) CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 Miscellaneous Minor Public Art 8 325-93608 1,124 * To record a budget increase in the amount of $1,123.57 transferred from closed project 325-93263, Public Art Maintenance. This will bring the budget in line with actual receipts.1,124 Miscellaneous Public Art - NEW PROJECT 9 315-A1901 112,785 To record a budget increase in the amount of $112,785.00 recognizing unspent revenues in project 325-93608, Miscellaneous Minor Public Art, which will be closed. Fund 325 is being eliminated as part for conversion to new accounting software. 112,785 Countryside Plex Restroom/Concession Renovation 10 315-93652 1,149,500 To record budget transfers of Infrastructure Sales Tax (Penny for Pinellas) revenue of $450,000.00 from project 315-93666, Woodgate Park Renovations; $300,000.00 from project 315-93669, Northeast Coachman Park Renovation; and $399,500.00 from project 315-93661, Frank Tack Parking Lot.1,149,500 Frank Tack Parking Lot - CLOSE PROJECT 11 315-93661 (399,500) To record a budget transfer in the amount of $399,500.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-93652, Countryside Plex Restroom/ Concession Renovation. This project will be closed.(399,500) Woodgate Park Renovations - CLOSE PROJECT 12 315-93666 (450,000) To record a budget transfer in the amount of $450,000.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-93652, Countryside Plex Restroom/ Concession Renovation. This project will be closed.(450,000) Northeast Coachman Park Renovation - CLOSE PROJECT 13 315-93669 (300,000) To record a budget transfer in the amount of $300,000.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-93652, Countryside Plex Restroom/ Concession Renovation. This project will be closed.(300,000) Articulating Boom Lift - CLOSE PROJECT 14 316-93670 (10,550) To record a budget decrease in the amount of $10,550.00 of Lease Purchase Proceeds. This project is completed and will be closed.(10,550) 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 Beach Guard Facility Maintenance - CLOSE PROJECT 15 335-93403 108,239 To reverse first quarter budget amendment which was posted as a budget decrease instead of a budget transfer. This project will be closed.108,239 Books & Other Library Material 16 315-93527 (100,000) To record a budget transfer in the amount of $100,000.00 of General Fund revenue to the following two projects. Project 315-93532, Library Maker Space Maintenance and Upgrade and project 315-93534, Library FF&E Repair and Replace, both in the amount of $50,000.00.(100,000) Library Maker Space Maintenance & Upgrade 17 315-93532 50,000 To record a budget transfer in the amount of $50,000.00 of General Fund revenue from project 315-93527, Books & Other Library Material in the amount of $50,000.00.50,000 Library FF&E Repair & Replacement 18 315-93534 50,000 To record a budget transfer in the amount of $50,000.00 of General Fund revenue from project 315-93527, Books & Other Library Material in the amount of $50,000.00.50,000 Police Vehicles 19 316-94238 (83,346) To record a budget decrease in the amount of $83,345.76 of Lease Purchase Proceeds. The lease purchase portion of the project is completed and will be closed. 315-94238 2,031 To record a budget transfer of $2,031.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue from project 315- 91150, Police Range Improvements.(81,315) Motorized Equipment Replacement - CLOSE PROJECT 20 366-94241 (2,311,446) To record budget transfers of Lease Purchase Proceeds of $2,111,445.66 to L1910, Garage - Motorized Equipment Replacement, and $200,000 to L1911, Garage - Off Cycle Replacements for conversion to new project accounting software. This project will be closed.(2,311,446) Garage - Motorized Equipment Replacement - NEW PROJECT 21 L1910 2,111,446 To establish the project and record a budget transfer in the amount of $2,111,445.66 of Lease Purchase Proceeds from project 366-94241, Motorized Equipment Replacement for conversion to new project accounting software. 2,111,446 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 Garage - Off Cycle Equipment Replacement - NEW PROJECT 22 L1911 200,000 To establish the project and record a budget transfer in the amount of $200,000.00 of Lease Purchase Proceeds from project 366-94241, Motorized Equipment Replacement, for conversion to new project accounting software. 200,000 City-wide Connect Infrastructure 23 355-94729 5,098 To record a budget transfer in the amount of $5,097.81 of Administration Services revenue from project 94878, Asset Management Upgrade.5,098 Asset Management Upgrade - CLOSE PROJECT 24 355-94878 (5,098) To record a budget transfer in the amount of $5,097.81 of Administration Services revenue to project 94729, City- wide Connect Infrastructure, and close this project.(5,098) Gas Meter Change Out - Pinellas 25 323-96367 75,000 To record a budget transfer in the amount of $75,000.00 of Gas revenue from project 323-96379, Pasco Gas Meter Change Out.75,000 Pasco Gas Meter Change Out 26 323-96379 (75,000) To record a budget transfer in the amount of $75,000.00 of Gas revenue to project 323-96367, Gas Meter Change Out - Pinellas.(75,000) Gas Vehicle Additions 27 323-96390 (161,706) To record a budget decrease in the amount of $161,705.95 of Lease Purchase Proceeds to bring the budget in line with actual activity.(161,706) Gas Equipment Additions 28 323-96392 (1,722) To record a budget decrease in the amount of $1,722.40 of Lease Purchase Proceeds. To bring the budget in line with actual activity.(1,722) Sanitary Utility Relocation 29 327-96634 (500,000) To record a budget transfer in the amount of $500,000.00 of Utility R&R revenue to project 327-96665, Sanitary Sewer R&R.(500,000) 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 Sanitary Sewer R&R 30 327-96665 500,000 To record a budget transfer in the amount of $500,000.00 of Utility R&R revenue from project 327-96634, Sanitary Utility Relocation.500,000 RO Plant Expense - Res #1 31 321-96767 16,878 * To record a budget increase in the amount of $16,878.40 of Grant revenue from the Department of Health.16,878 Imagine Clearwater 32 ENGF180013 6,500 * To record a budget increase in the amount of $6,500.00 of reimbursement revenue from the Clearwater Marine Aquarium. This will bring the budget in line with actual receipts.6,500 375,145 - 375,145 Beach Guard Facility Maintenance - CLOSE PROJECT 335-93403 108,239 To record a transfer of unspent Parking revenue in the amount of $108,238.77 to the Beach Guard Towers project, ENGF190002. Miscellaneous Minor Public Art - CLOSE PROJECT 325-93608 112,785 To record a transfer of unspent revenue to the new project,315-A1901,Miscellaneous Public Art.All existing 325 projects will be closed due to conversion to the new accounting software. TOTAL INTERFUND TRANSFERS:221,024 TOTAL BUDGET INCREASE /(DECREASE) INTERFUND TRANSFERS 25 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 (2,031) 2,843,395 2,843,395 - C 1 P1802 Police Equipment Replacement 349,698 349,698 349,698 - 169,443 180,256 P1803 Command Bus Refurbishment 200,000 200,000 200,000 - - 200,000 P1901 Lift Station - PD Sub-Station 300,000 300,000 300,000 - - 300,000 PD00180001 Police District 3 Sub Station 200,000 200,000 200,000 41,890 13,553 144,557 Sub-Total 3,895,124 3,895,124 (2,031) 3,893,093 2,885,285 182,996 824,813 Fire Protection 91218 Fire Engine Replacement 2,813,786 2,813,786 11,000 2,824,786 2,474,621 317,047 33,119 2 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,928,350 1,928,350 1,928,350 1,698,658 - 229,692 91236 Rescue Vehicle 200,000 211,000 (11,000) 200,000 - 200,000 - 3 91244 Aerial Truck 1,300,000 1,300,000 1,300,000 1,294,584 - 5,416 91257 AED Program 215,810 215,810 215,810 132,350 6,350 77,110 91259 Radio Replacements 1,519,640 1,519,640 1,519,640 1,519,353 - 287 91260 Thermal Imaging Cameras 219,050 219,050 219,050 115,711 - 103,339 91261 Personal Protection Equipment 1,896,110 1,896,110 1,896,110 1,718,753 - 177,357 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 - 42,634 91263 Extrication Tools 112,000 112,000 112,000 79,043 9,200 23,758 91264 Fire Hose Replacement 405,540 405,540 405,540 301,045 - 104,495 91268 Countryside Fire Station 3,932,566 3,932,566 (223,613) 3,708,953 3,708,953 - - C 4 91269 Clearwater Beach Fire Station 6,372,693 0 0 - - 0 C 91271 Fire Boat 900,000 900,000 900,000 619,808 - 280,192 91272 Old Fire Station 45 Demolition 100,000 100,000 100,000 24,247 - 75,753 91273 Lakeview Fire Station 4,198,460 4,198,460 (4,198,460) - - - - C 5 FD00190001 Fire Station 46 - Beach - 6,372,693 6,372,693 1,698 - 6,370,995 FD00190002 Fire Station 47 Replacement - - 4,839,441 4,839,441 - - 4,839,441 6 G1803 Video Teleconferencing Equipment 373,982 373,982 (30,425) 343,557 - - 343,557 7 Sub-Total 27,778,697 27,789,697 386,943 28,176,640 14,802,670 532,597 12,841,373 Major Street & Sidewalk Maintenance ENRD180001 Druid Road Trail 3,483,646 3,483,646 3,483,646 2,633,229 778,368 72,049 ENRD180002 Bridge Maintenance & Improvements 6,872,527 6,872,527 6,872,527 45,693 38,439 6,788,396 ENRD180003 Traffic Calming 1,585,031 1,585,031 1,585,031 252,174 128,799 1,204,058 ENRD180004 Streets and Sidewalks 10,992,253 10,992,253 10,992,253 4,821,004 3,582,821 2,588,429 ENGF180001 Downtown Streetscaping 6,735,405 6,735,405 6,735,405 121,019 463,615 6,150,771 Sub-Total 29,668,862 29,668,862 - 29,668,862 7,873,118 4,992,042 16,803,702 Intersections ENRD180005 City-Wide Intersection Improvement 2,304,750 2,304,750 2,304,750 733,491 166,900 1,404,359 ENRD180006 Traffic Signal 776,311 776,311 776,311 234,214 6,000 536,098 ENRD180007 Traffic Safety Infrastructure 1,064,265 1,064,265 1,064,265 198,139 59,313 806,813 Sub-Total 4,145,326 4,145,326 - 4,145,326 1,165,844 232,213 2,747,270 Parking ENPK180001 Parking Lot Resurfacing 908,476 908,476 908,476 31,609 - 876,867 ENPK180002 Parking Lot Improvement 1,028,802 1,028,802 1,028,802 26,920 - 1,001,882 ENPK180003 Parking Facilities 1,007,348 1,007,348 1,007,348 94,908 50,017 862,423 Sub-Total 2,944,626 2,944,626 - 2,944,626 153,437 50,017 2,741,172 Miscellaneous Engineering ENGF180002 Downtown Intermodal 924,756 924,756 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 239,146 239,146 239,146 12,732 - 226,415 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 172,059 3,760 1,274,181 ENGF180004 Survey Equipment Replacement 14,288 14,288 14,288 - - 14,288 92845 Clearwater Beach Transit Center 260,074 260,074 260,074 260,074 - 0 C Sub-Total 2,888,264 2,888,264 - 2,888,264 444,864 3,760 2,439,640 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 - 232 Sub-Total 1,331,351 1,331,351 - 1,331,351 1,331,119 - 232 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93203 Carpenter Field-Infras Rep/Improve 572,817 572,817 572,817 518,322 - 54,495 93205 Brighthouse Field Infrastructure Imp 3,182,272 3,182,272 3,182,272 2,826,139 131,374 224,759 93247 Fitness Equipment Replacement 425,000 425,000 425,000 350,507 - 74,493 93251 Morningside Rec Ctr Replacement 7,165,000 7,165,000 7,165,000 6,832,417 247,797 84,786 93263 Public Art Maintenance 1,498 1,498 1,498 1,173 - 325 93271 Swimming Pool R&R 1,111,876 1,111,876 1,111,876 895,758 8,876 207,241 93272 Bicycle Paths-Bridges 5,858,833 5,858,833 5,858,833 3,698,116 49,916 2,110,801 93278 Long Center Infra Repairs 2,058,283 2,058,283 2,058,283 1,737,023 5,507 315,753 93286 Parking Lot/Bike Path Rsr/Imprv 853,506 853,506 853,506 644,183 12,296 197,026 93602 Sp Events Equip Rep & Rplcmnt 330,000 330,000 330,000 297,214 - 32,786 93604 Brdwlks & Docks Rep & Rplcmnt 545,000 545,000 545,000 466,302 38,610 40,089 93608 Miscellaneous Minor Public Art 295,543 295,543 1,124 296,667 296,666 - 0 C 8 A1901 Miscellaneous Minor Public Art - - 112,785 112,785 3,000 109,785 9 93612 McMullen Tennis Complex 800,000 878,103 878,103 354,850 515,437 7,816 93618 Miscellaneous Park & Rec Contract 285,000 285,000 285,000 264,053 7,717 13,230 93620 Sports Field Lighting 415,000 415,000 415,000 109,267 - 305,733 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 224,726 792 223,934 93633 Pier 60 Park & Bchwlk Repair and Improv 939,377 939,377 939,377 735,818 4,344 199,215 93634 Concrete Sidewalk & Pad Repair 308,176 308,176 308,176 254,466 - 53,710 93635 Park Amenity Purch & Rplcmnt 822,800 822,800 822,800 645,350 6,000 171,450 93636 Tennis Court Resurfacing 705,310 705,310 705,310 291,484 38,125 375,701 93637 Playground & Fitness Purch & Rplc 862,079 862,079 862,079 611,573 37,854 212,652 93638 Fencing Replacement Program 659,664 659,664 659,664 543,658 - 116,006 93639 Marina Dist Boardwalk & Entry Node 831,510 751,930 751,930 750,248 1,682 (0) C 93642 Phillip-Jones Restroom/Concession 507,944 507,944 507,944 157,984 10,558 339,402 93646 Rest Rm Expan-Barefoot Bch House 401,000 480,580 480,580 284,720 4,541 191,319 93648 Moccasin Lake Park Master Plan 958,249 958,249 958,249 938,363 11,324 8,562 93650 Crest Lake Park Improvement 7,500,000 7,500,000 7,500,000 1,080,602 - 6,419,398 93652 Countryside Plex Restroom/Concession 2,950,000 2,950,000 1,149,500 4,099,500 585,327 127,540 3,386,633 10 93653 Countryside Community Park Reno 100,000 25,218 25,218 25,218 - - C 93654 Recreation Centers Infrastructure Repairs 400,000 400,000 400,000 23,351 - 376,649 93655 J.D. Sports Complex Multipurpose Fields 1,845,924 1,778,503 1,778,503 1,778,503 - - C 93661 Frank Tack Parking Lot 399,500 399,500 (399,500) - - - - 11 93665 Youth Sports Field Renovations 70,297 70,297 70,297 49,162 21,135 (0) 93666 Woodgate Park Renovations 450,000 450,000 (450,000) - - - - C 12 93667 Del Oro Park Renovations 450,000 450,000 450,000 - - 450,000 93668 Showmaster Portable Stage 200,000 200,000 200,000 - 142,743 57,257 93669 North East Coachman Park Renovations 300,000 300,000 (300,000) - - - - C 13 93670 Articulating Boom Lift 62,000 62,000 (10,550) 51,450 51,450 - - C 14 93672 Clearwater Beach Infrast Repairs & Improve 300,000 338,060 338,060 282,090 - 55,971 93673 Jack Russell Stadium Improvements 989,066 989,066 989,066 919,209 53,325 16,532 C1902 Long Center Parking Improvements 550,000 550,000 550,000 - - 550,000 C1903 Phillies Entrance Sign 150,000 150,000 150,000 - - 150,000 C1904 Ruth Eckerd Hall 2,500,000 8,000,000 8,000,000 6,500,000 - 1,500,000 L1901 P&R Vehicle and Equipment Additions 146,110 146,110 146,110 125,584 19,933 593 M1901 Countryside Sports Complex Renovation 50,000 50,000 50,000 - - 50,000 PRAF180001 Eddie C. Moore Softball Complex Reno 790,000 790,000 790,000 635,396 33,521 121,083 Sub-Total 51,323,360 56,797,320 103,359 56,900,678 36,562,335 1,533,156 18,805,187 Marine Facilities 93403 Beach Guard Facility Maintenance 348,292 240,053 108,239 348,292 348,292 - 0 C 15 ENGF190002 Beach Guard Tower - 108,239 108,239 190 - 108,049 93410 Clwr Harbor Marina Maintenance 220,000 220,000 220,000 137,642 - 82,358 ENGF180006 City-wide Docks and Seawall 1,786,739 1,786,739 1,786,739 953,634 16,969 816,136 93415 Waterway Maintenance 410,000 410,000 410,000 272,529 - 137,471 93418 Utilities Services Replacement 377,714 377,714 377,714 170,456 2,930 204,328 93419 Dock Replacement & Repair 166,727 111,607 111,607 111,606 - 0 C 93420 Fuel System R & R 122,752 122,752 122,752 94,775 - 27,977 93421 Marine Facilities Dredging & Maint 158,715 73,865 73,865 73,865 - (0) C 93422 Dredging of City Waterways 946,204 946,204 946,204 483,487 - 462,717 ENGF180014 Seminole Boat Launch Improvements 6,752,000 6,752,000 6,752,000 5,273 2,746,469 4,000,258 93499 Pier 60/Sailing Center Maintenance 421,952 421,952 421,952 278,612 - 143,340 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Marine Facilities (continued) C1905 Beach Marina Upgrade 300,000 300,000 300,000 - - 300,000 C1906 Clearwater Harbor Marina Repl & Upgrade 106,000 106,000 106,000 - - 106,000 M1902 Marine Facility Maintenance Dock R&R 75,000 214,970 214,970 22,955 8,679 183,336 Sub-Total 12,192,095 12,192,095 108,239 12,300,333 2,953,317 2,775,046 6,571,969 Airpark 94817 Airpark Maintenance & Repair 219,000 219,000 219,000 180,008 - 38,992 94886 Clearwater Airpark Masterplan Update 110,000 110,000 110,000 99,393 9,933 675 94894 Ground Support Equipment Upgrade 100,000 100,000 100,000 54,560 - 45,440 G1901 Replace Hangar C 1,200,000 1,200,000 1,200,000 - - 1,200,000 Sub-Total 1,629,000 1,629,000 - 1,629,000 333,961 9,933 1,285,107 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 (100,000) 7,696,601 7,575,176 - 121,425 16 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 5,295,731 - 954,269 93532 Library Maker Space Maint. & Upgrade 174,480 174,480 50,000 224,480 108,215 - 116,265 17 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 298,850 298,850 - - C 93534 Library FF&E Repair & Replace 225,000 225,000 50,000 275,000 100,900 3,963 170,137 18 93535 Countryside Library Demolition 75,000 75,000 75,000 - - 75,000 Sub-Total 14,819,931 14,819,931 - 14,819,931 13,378,872 3,963 1,437,096 Garage 94233 Motorized Equip-Cash II 1,796,856 1,796,856 1,796,856 1,750,918 5,704 40,234 94238 Police Vehicles 3,301,001 3,301,001 (81,315) 3,219,686 2,902,027 - 317,659 19 94241 Motorized Equipment Replace - L/P 41,120,392 41,120,392 (2,311,446) 38,808,946 35,675,132 2,896,186 237,629 C 20 94244 Misc Vehicle Additions- Gen Serv 56,237 56,237 56,237 56,237 - - C 94246 Fleet Management & Mapping 320,000 710,000 710,000 - 675,000 35,000 94627 Misc Budgetary Vehicle Addition 125,799 125,799 125,799 124,950 - 849 C1901 Beach Radio Tower 852,370 852,370 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 94,520 94,520 94,520 - - 94,520 GSFL180002 P25 Radio Equipment & Infrastructure 400,000 400,000 400,000 56,896 - 343,104 L1910 Motorized Equipment Replacement - - 2,111,446 2,111,446 - - 2,111,446 21 L1911 Off Cycle Equipment Replacement - - 200,000 200,000 - - 200,000 22 Sub-Total 48,067,175 48,457,175 (81,315) 48,375,860 40,566,159 3,576,890 4,232,811 Maintenance of Buildings C1907 City Hall Hardening 100,000 100,000 100,000 - - 100,000 C1909 City Hall Move - 383,085 383,085 277,301 8,775 97,009 ENGF180012 Public Works Complex 1,615,664 1,615,664 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 704,436 704,436 704,436 234,033 8,617 461,786 GSBM180002 Flooring for Facilities 777,837 777,837 777,837 188,905 333,695 255,237 GSBM180003 Roof Repair and Replacement 1,345,409 1,345,409 1,345,409 403,221 432,920 509,268 GSBM180004 Painting of Facilities 592,923 592,923 592,923 54,292 - 538,631 GSBM180005 Fencing of Facilities 143,170 143,170 143,170 68,756 - 74,414 GSBM180006 Light Replacement & Repair 278,197 278,197 278,197 60,039 - 218,158 GSBM180007 Elevator Refurbish/Modernization 560,576 560,576 560,576 - - 560,576 GSBM180008 Building Systems 1,018,377 1,018,377 1,018,377 278,267 25,338 714,772 GSBM180009 New A/C Chiller System 2,900,000 2,900,000 2,900,000 387,244 1,305,224 1,207,532 GSBM180010 General Services R&R 250,000 250,000 250,000 135,852 - 114,148 GSBM180011 Generator Maintenance 450,000 450,000 450,000 - - 450,000 GSBM180012 General Facility Building Major Renovations 1,335,242 1,335,242 1,335,242 106,562 - 1,228,680 L1902 B&M Vehicle & Equipment 65,000 65,000 65,000 - - 65,000 Sub-Total 12,136,831 12,519,916 - 12,519,916 2,196,397 2,114,569 8,208,950 Miscellaneous 94729 City-wide Connect Infra 3,717,991 3,717,991 5,098 3,723,089 3,180,880 - 542,209 23 94736 Geographic Information Sys 1,189,240 1,189,240 1,189,240 996,451 - 192,789 ENGF180010 Pollutant Storage Tank 359,408 359,408 359,408 19,459 3,540 336,410 ENGF180011 Environmental Assmt & Clean-up 463,636 463,636 463,636 20,639 9,691 433,306 94814 Network Infra & Server Upgrade 4,385,057 3,470,819 3,470,819 3,456,785 14,034 0 C L1908 Network Infra & Server R&R - 843,191 843,191 128,978 3,477 710,736 M1912 Network Infra & Server Upgrade - 71,048 71,048 - - 71,048 94824 IT Disaster Recovery 580,000 354,604 354,604 354,604 - - C 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous - continued L1907 IT Disaster Recovery - 165,396 165,396 - - 165,396 M1911 IT Disaster Recovery - 60,000 60,000 - - 60,000 94827 Telecommunications Upgrade 604,000 334,953 334,953 334,953 - - C L1906 Telecommunications Upgrade - 269,047 269,047 - - 269,047 94828 Financial Systems Upgrades 3,933,165 3,933,165 3,933,165 2,116,677 177,692 1,638,797 94829 CIS Upgrades / Replacement 1,047,376 1,047,376 1,047,376 428,583 - 618,793 94830 MS Licensing / Upgrades 1,025,000 1,025,000 1,025,000 842,601 16,201 166,198 94833 Computer Monitors 399,828 399,828 399,828 385,431 2,742 11,655 94850 Backfile Conversion of Records 500,000 500,000 500,000 187,660 - 312,340 94857 Accela Permitting & Code Enforce 250,000 250,000 250,000 90,906 - 159,094 94861 Library Technology 1,350,000 1,350,000 1,350,000 1,171,793 - 178,207 94873 Citywide Camera System 260,000 260,000 260,000 118,298 - 141,702 94874 City Enterprise Timekeeping System 285,000 285,000 285,000 182,082 5,620 97,298 94878 Asset Management Upgrade 31,420 31,420 (5,098) 26,322 26,322 - 0 C 24 94880 Granicus Agenda Management Sys 135,000 135,000 135,000 41,136 - 93,864 94883 Business Process Review & Improve 600,000 600,000 600,000 196,087 369 403,544 94888 City EOC & Disaster Recovery Facility 3,360,000 3,360,000 3,360,000 440,442 1,609,858 1,309,700 94890 Enterprise Advanced Audio Video R&R 1,063,000 1,063,000 1,063,000 454,141 - 608,859 94892 Imagine Clearwater Implementation 4,865 4,865 4,865 4,865 - - C ENGF180013 Imagine Clearwater 6,516,829 6,516,829 6,500 6,523,329 1,397,237 1,609,102 3,516,990 32 94894 Ground Support Equipment Upgrade 100,000 100,000 100,000 54,560 - 45,440 Sub-Total 32,160,815 32,160,815 6,500 32,167,315 16,631,569 3,452,325 12,083,421 UTILITIES Stormwater Utility ENST180001 Stormwater System Impovements 8,181,794 8,181,794 8,181,794 1,556,534 320,521 6,304,739 ENST180002 Allen's Creek Improvement 2,016,271 2,816,271 2,816,271 (37,373) 2,032,727 820,917 ENST180003 Stormwater System Expansion 1,615,576 1,615,576 1,615,576 - - 1,615,576 ENST180004 Stevenson Creek 3,182,636 3,182,636 3,182,636 1,900 65,000 3,115,736 ENST180005 Coastal Basin 3,234,985 3,234,985 3,234,985 449,592 470,135 2,315,259 ENST180006 Alligator Creek Watershed Projects 5,140,082 4,340,082 4,340,082 284,416 137,189 3,918,477 ENST180007 Street Sweeping Facility 1,823,765 1,823,765 1,823,765 1,704,462 - 119,303 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 4,096,167 494,385 3,282,468 319,315 ENST180009 East Gateway Improvements 3,503,121 3,503,121 3,503,121 2,406,654 604,583 491,884 ENST180010 Lower Sp Branch Convey Improvement 2,320,000 2,320,000 2,320,000 131,742 177,302 2,010,956 C1908 Stormwater Vehicles & Equipment 1,375,500 1,375,500 1,375,500 1,164,456 79,648 131,396 Sub-Total 36,489,897 36,489,897 - 36,489,897 8,156,768 7,169,572 21,163,557 Water System 96721 System R & R - Maintenance 5,524,536 3,205,685 3,205,685 2,417,736 - 787,950 96722 Line Relocation - Maintenance 4,767,305 4,767,305 4,767,305 1,399,717 521,543 2,846,045 96739 Reclaimed Water Dist Sys 46,686,453 46,686,453 46,686,453 45,991,254 160,466 534,733 96740 Water Supply/Treatment 2,626,926 2,626,926 2,626,926 2,626,926 - 0 96741 System R & R-Capitalized 8,788,154 8,788,154 8,788,154 8,788,154 - (0) 96742 Line Relocation-Capitalized 7,998,570 7,998,570 7,998,570 6,398,167 534,627 1,065,776 96743 Mtr Bkflow Prev Dev/Change Out 2,834,600 2,834,600 2,834,600 2,834,600 - (0) 96744 System Expansion 2,965,673 2,965,673 2,965,673 2,903,649 - 62,024 96752 Water Service Lines 1,233,436 1,233,436 1,233,436 1,233,436 - (0) 96764 RO Plant Exp Res #1 13,507,530 13,524,408 13,524,408 12,610,422 157,719 756,267 M1908 RO Plant Exp Res #1 R&R - 1,000,000 1,000,000 - - 1,000,000 96767 RO Plant at Res #2 43,076,061 43,076,061 16,878 43,092,939 40,983,735 135,292 1,973,913 31 M1909 RO Plant at Res #2 R&R - 1,000,000 1,000,000 - - 1,000,000 96768 Rebate Well, Lk, Pnd Irr Abandmt 114,608 114,608 114,608 - - 114,608 96773 Groundwater Replenishment Facility 20,900,118 20,900,118 20,900,118 5,901,237 94,794 14,904,087 96782 Reverse Osmosis Plant @WTP #3 1,380,000 1,380,000 1,380,000 218,585 - 1,161,415 96783 Water System Upgrades/Improvements 3,349,000 3,349,000 3,349,000 944,837 21,485 2,382,679 96784 Reclaimed Water Distribution System R&R 2,094,584 2,094,584 2,094,584 392,670 - 1,701,914 96785 Feasibility Studies/Evaluations - Water System2,625,000 2,625,000 2,625,000 238,580 2,093,923 292,497 96786 Devices/Equipments - Water System 350,000 350,000 350,000 - - 350,000 L1905 Vehicle & Equipment 146,000 146,000 146,000 125,212 - 20,788 Sub-Total 170,968,554 170,666,581 16,878 170,683,460 136,008,916 3,719,848 30,954,695 29 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Sewer System 96212 Sanitary Sewer Upgrades/Improvements 12,004,552 12,004,552 12,004,552 4,102,155 2,745,162 5,157,235 96213 Marshall Street Upgrades/Improvements 6,744,298 6,744,298 6,744,298 2,028,226 1,932,473 2,783,599 M1905 Marshall Street Plant R&R - 1,200,000 1,200,000 - - 1,200,000 96214 East Plant Upgrades/Improvements 1,500,000 1,500,000 1,500,000 203,469 215,915 1,080,617 M1907 East Plant R&R - 1,200,000 1,200,000 - - 1,200,000 96215 Northeast Plant Upgrades/Improvements 12,794,860 12,794,860 12,794,860 803,024 664,341 11,327,495 M1906 Northeast Plant R&R - 1,200,000 1,200,000 - - 1,200,000 96216 Laboratory Upgrade/Improvements 1,155,079 1,155,079 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,325,192 1,325,192 1,325,192 504,087 34,335 786,770 96218 Feasibility Studies/Evaluations 2,241,642 114,088 114,088 114,088 - 0 96219 Devices/Equipment Sewer Division 446,274 446,274 446,274 300,898 - 145,376 96630 Sanitary Sewer Extension 15,461,998 14,961,998 14,961,998 12,678,192 1,149,483 1,134,323 96634 Sanitary Util Reloc Accmmdtn 6,267,352 5,767,352 (500,000) 5,267,352 4,157,314 278,008 832,031 29 96645 Laboratory Upgrade & R&R 1,803,627 1,803,627 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improvement 15,155,224 15,155,224 15,155,224 14,068,883 496,095 590,245 96664 WPC R & R 26,992,114 20,392,114 20,392,114 16,371,190 1,740,656 2,280,268 96665 Sanitary Sewer R&R 26,629,685 32,293,824 500,000 32,793,824 19,600,664 12,295,912 897,248 30 96686 Pump Station Replacement 4,707,682 4,707,682 4,707,682 4,344,906 1,591 361,186 L1903 Generators 420,000 420,000 420,000 - - 420,000 L1904 Vehicle and Equipment 240,000 240,000 240,000 66,375 168,932 4,694 M1910 Water Treatment Plant #3 R&R - 318,851 318,851 - - 318,851 Sub-Total 135,889,579 135,745,014 - 135,745,014 81,139,263 21,725,593 32,880,158 Gas System 96358 Environmental Remediation 2,384,794 2,384,794 2,384,794 1,758,923 38,068 587,803 96365 Line Relocation-Pinellas Maint 731,106 731,106 731,106 516,403 71,751 142,952 96367 Gas Meter Change Out-Pinellas 3,638,000 3,638,000 75,000 3,713,000 3,606,862 - 106,138 25 96374 Line Relocation-Pinellas Capitalized 2,882,890 2,382,890 2,382,890 2,293,146 - 89,744 96376 Line Relocation - Pasco Maint 258,593 258,593 258,593 84,756 173,837 96377 Pinellas New Main / Service Lines 31,551,118 31,551,118 31,551,118 30,542,770 - 1,008,349 96378 Pasco New Mains / Service Lines 17,864,858 17,864,858 17,864,858 15,633,364 - 2,231,494 96379 Pasco Gas Meter Change Out 867,821 867,821 (75,000) 792,821 738,618 - 54,203 96381 Line Reloc-Pasco-Capitalized 237,386 737,386 737,386 379,898 8,049 349,439 26 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,855,055 28,855,055 28,855,055 14,729,715 10,494,469 3,630,871 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,364,287 - 193,558 96386 Expanded Energy Conservation 9,091,479 9,591,479 9,591,479 8,815,817 - 775,662 96387 Natural Gas Vehicle 4,581,069 5,531,069 5,531,069 3,917,478 791,081 822,510 96389 Future IMS Software & Hardware 400,000 400,000 400,000 314,958 12,090 72,952 96390 Gas Vehicle Additions 590,000 590,000 (161,706) 428,294 428,294 - - 27 96391 Gas System Pasco Building 2,100,000 650,000 650,000 - - 650,000 96392 Gas Equipment Additions 191,000 191,000 (1,722) 189,278 189,278 - - 28 M1904 Pinellas Building Equipment R&R 200,000 200,000 200,000 - - 200,000 Sub-Total 108,975,014 108,975,014 (163,428) 108,811,586 86,170,832 11,415,508 11,225,246 Solid Waste 96426 Facility R & R 2,652,608 2,652,608 2,652,608 1,707,670 - 944,938 96443 Res Container Acquisition-II 2,001,741 2,001,741 2,001,741 1,433,402 - 568,339 96444 Comm Container Acquisition-II 4,130,020 4,130,020 4,130,020 3,319,519 42,987 767,514 96445 Solar Trash & Recycling Kiosks 289,414 289,414 289,414 239,182 - 50,232 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 19,650,130 7,504,343 11,220,112 925,675 96448 Solid Waste CNG Station 150,000 150,000 150,000 - - 150,000 96449 Solid Waste Truck Wash Facility 555,500 555,500 555,500 - - 555,500 Sub-Total 29,429,413 29,429,413 - 29,429,413 14,204,117 11,263,099 3,962,197 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 858,828 858,828 858,828 738,818 - 120,009 96526 Public Utility Admin Building 184,306 184,306 184,306 - - 184,306 Sub-Total 1,043,134 1,043,134 - 1,043,134 738,818 - 304,315 30 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Recycling 96804 Recycling Carts/Dumpsters 1,216,650 1,216,650 1,216,650 804,418 - 412,232 96805 Recycling Expansion/Particip/R&R 1,311,525 1,311,525 1,311,525 1,184,376 - 127,149 96811 Purchase of Transfer Tractors 408,000 408,000 408,000 395,983 - 12,017 SR00180003 Processing Center Building Replacement 3,862,633 3,862,633 3,862,633 2,957 - 3,859,676 Sub-Total 6,798,808 6,798,808 - 6,798,808 2,387,734 - 4,411,074 TOTAL ALL PROJECTS 734,575,853 740,387,362 375,145 740,762,506 470,085,395 74,753,128 195,923,983 31 Special Program Fund Mid Year Budget Amendments October 1, 2018 - March 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program - NEW PROGRAM 1 M1913 255,553 To establish the program and record a budget increase of $255,553.20 representing revenues received to date.This new program is being established to account for both revenues and expenditures related to the new lien foreclosure program.255,553 General Government Totals:255,553 - 255,553 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 17,000 To record a budget increase of $17,000 which represents foreclosure registry fees collected to date. 17,000 Hurricane Irma 3 98610 129,764 To record a budget increase of $129,764.08 in Federal and State Irma reimbursements to bring the budget in line with actual receipts.129,764 Police Extra Duty 4 99215 417,143 (34,340) To record a budget increase of $417,143.25 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $34,340.00 in Police Service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 382,803 Police Education Fund 5 99317 10,005 To record a budget increase of $10,005.18 in police education fine revenue which will bring the budget in line with actual receipts.10,005 Investigative Cost Recovery 6 99329 38,061 To record a net budget increase of $38,061.28 which will bring the budget in line with actual receipts.Amendments include an increase of $6,435.27 in overtime reimbursement revenues,and an increase of $31,626.01 in fines,forfeitures and penalties revenue.38,061 Florida Contraband Forfeiture Fund 7 99330 25,416 To record a budget increase of $25,416.25 fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts.25,416 Vehicle Replacement 8 99350 34,340 To record a transfer of $34,340.00 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 34,340 32 Special Program Fund Mid Year Budget Amendments October 1, 2018 - March 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Crime Prevention Program 9 99364 1,040 To record a budget increase of $1,040.00 in miscellaneous donation revenues which will bring the budget in line with actual receipts.1,040 Federal Forfeiture Sharing 10 99387 4,241 To record a budget increase of $4,241.23 in fines,forfeiture,and penalties revenue which will bring the budget in line with actual receipts.4,241 Public Safety Program Totals:642,671 - 642,671 Physical Environment Programs Tree Replacement Program 11 99970 1,968 To record a budget increase of $1,968.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.1,968 Physical Environment Programs Program: Totals:1,968 - 1,968 Economic Environment Programs Housing Rehab 2016 - CLOSE PROGRAM 12 99754 (5,450) To record budget transfers of Community Development Block Grant revenues of $5,450.19 to G1902,Public Facilities 2019;and $0.23 to 99762,Program Admin 2017.This program will be closed.(5,450) Public Services 2017 - CLOSE PROGRAM 13 99761 (1,656) To record a budget transfer of $1,656.41 in Community Development Block Grant revenues to 99762,Program Admin 2017. This program will be closed.(1,656) Program Admin 2017 - CLOSE PROGRAM 14 99762 1,657 To record budget transfers of Community Development Block Grant revenues of $0.23 from 99754,Housing Rehab 2016;and $1,656.41 from 99761,Public Services 2017.This program will be closed.1,657 Housing Rehab 2017 - CLOSE PROGRAM 15 99763 (57,608) To record a budget transfers of Community Development Block Grant revenues of $56,689.18 to G1902,Public Facilities 2019, and $918.98 to 99764,Public Facilities 2018.This program will be closed.(57,608) 33 Special Program Fund Mid Year Budget Amendments October 1, 2018 - March 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Environment Programs (continued) Public Facilities 2018 16 99764 919 To record a budget transfer of $918.98 in Community Development Block Grant revenues from 99763,Housing Rehab 2017.919 Public Facilities 2019 17 G1902 62,139 To record budget transfers of $5,450.19 from 99754,Housing Rehab 2016; and $56,689.18 from 99763, Housing Rehab 2017.62,139 Economic Environment Program Totals:- - - Culture and Recreation Programs Clark-Turner Trust (Library) 18 98608 1,057 To record a budget increase of $1,056.72 in donation revenue representing an annual beneficiary distribution.This will bring the budget in line with actual receipts.1,057 Library Special Account 19 99910 13,796 To record a budget increase of $13,795.53 in donation revenue to bring the budget in line with actual receipts.13,796 Clearwater for Youth Grants - NEW PROGRAM 20 G1907 18,000 To establish the project and record a budget increase of $18,000 in grant/donation revenue from Clearwater for Youth as approved by the Council on April 4, 2019.18,000 Special Events - NEW PROGRAM 21 PRSE190001 740,057 To record a budget increase of $740,057.22;representing increases of $16,290.00 in rental income,$5,000.00 in sponsorship revenue,$513,760.02 in sales revenues,and $5,007.20 in reimbursements which will bring the budget in line with actual receipts to date.Amendments also include a transfer of $200,000 from the General Fund representing operating savings in the Parks and Recreation department to provide funding for event production.740,057 Culture and Recreation Program Total:772,909 - 772,909 1,673,102 - 1,673,102 Total Budget Increase/(Decrease): 34 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2018 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 98611 CMA Capital Project Agreement 5,000,000 5,000,000 - 5,000,000 5,000,000 - - C 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 229,379 229,379 - 229,379 156,355 1,154 71,869 M1913 Lien Foreclosure Program - - 255,553 255,553 - - 255,553 1 Sub-Total 7,123,140 7,123,140 255,553 7,378,693 6,751,754 1,154 625,785 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Rgstry-Nuesance Abtmnt 63,600 76,300 17,000 93,300 18,900 24,625 49,775 2 98610 Hurricane Irma 1,286,998 1,382,100 129,764 1,511,864 2,190,950 471,146 (1,150,233) 3 99215 Police Extra Duty 2,417,257 2,741,836 382,803 3,124,639 2,692,407 - 432,232 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 70,954 - 16,046 99264 School Resource Officers 2,833,704 2,736,583 - 2,736,583 2,736,584 - (0) C 99279 Police Recruitments 141,010 141,010 - 141,010 63,780 - 77,230 99281 Fed Forfeitures - Treasury 171,936 194,515 - 194,515 120,171 - 74,345 99316 Police Volunteers 153,519 153,519 - 153,519 138,385 1,000 14,133 99317 Police Education Fund 1,328,750 1,347,751 10,005 1,357,756 1,303,009 - 54,747 5 99329 Investigative Recovery Costs 2,451,206 2,526,879 38,061 2,564,941 2,225,999 - 338,941 6 99330 FL Contraband Forfeiture Fnd 914,586 1,016,634 25,416 1,042,051 657,266 - 384,784 7 99350 Vehicle Replacement Fund 327,865 336,644 34,340 370,984 220,033 - 150,951 8 99356 Safe Neighborhood Program 1,127,580 1,142,580 - 1,142,580 1,060,980 5,447 76,152 99364 Crime Prevention Program 102,341 140,244 1,040 141,284 107,111 - 34,173 9 99387 Federal Forfeiture Sharing 2,427,479 2,469,768 4,241 2,474,009 1,757,089 - 716,920 10 99927 Emergency Operations 4,106,338 4,144,887 - 4,144,887 3,063,815 - 1,081,072 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G1802 2017 JAG Grant 46,977 46,977 - 46,977 46,977 - - G1804 2019 HVE Ped & Bicycle Safety 50,000 50,000 - 50,000 32,288 - 17,712 P1801 School Resource Officers 468,356 565,477 - 565,477 - - 565,477 Sub-Total 20,576,201 21,370,403 642,671 22,013,074 18,547,787 502,218 2,963,069 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Project 1,517,880 1,559,684 1,968 1,561,652 896,071 24,616 640,965 11 Sub-Total 1,517,880 1,559,684 1,968 1,561,652 896,071 24,616 640,965 TRANSPORTATION PROGRAMS 98604 2016 Clearwater Ferry 519,120 519,120 - 519,120 487,596 7,500 24,024 Sub-Total 519,120 519,120 - 519,120 487,596 7,500 24,024 ECONOMIC ENVIRONMENT PROGRAMS 99538 Affordable Housing Imp Fees 441,530 447,612 - 447,612 163,019 3,128 281,466 99729 Joint Hercules Pln & Econ Study 150,000 150,000 - 150,000 - - 150,000 99744 Economic Development Incentives 292,500 292,500 - 292,500 262,500 - 30,000 99754 Housing Rehab 2016 258,701 258,701 (5,450) 253,251 253,251 - - C 12 99759 Public Facilities 2017 377,764 377,764 - 377,764 377,764 - - C 99760 Economic Development 2017 14,802 - - - - - - C 99761 Public Services 2017 100,275 97,442 (1,656) 95,786 95,786 - - C 13 99762 Program Administration 2017 135,036 135,036 1,657 136,693 136,693 - 0 C 14 99763 Housing Rehab 2017 322,997 190,302 (57,608) 132,694 132,694 - (0) C 15 99764 Public Facilities 2018 448,000 448,000 919 448,919 248,919 - 200,000 16 99765 Economic Development 2018 130,020 98,602 - 98,602 98,602 - (0) C 99766 Program Administration 2018 131,388 131,388 - 131,388 131,388 - - C 99767 Infill Housing 2018 137,500 74,746 - 74,746 60,899 - 13,847 99768 Public Services 2018 106,725 106,725 - 106,725 93,985 - 12,740 99802 Brownfield Revolving Loan 1,204,720 1,206,597 - 1,206,597 420,381 - 786,216 35 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2018 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (continued) 99846 Economic Development - QTI 140,419 140,419 - 140,419 71,591 - 68,828 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 99888 ULI Report Implementation 875,000 875,000 - 875,000 769,732 53,243 52,025 G1902 Public Facilities 2019 168,815 270,815 62,139 332,954 4,860 152,720 175,374 17 G1903 Economic Development 2019 135,000 135,000 - 135,000 15,861 39,140 80,000 G1904 Program Administration 2019 186,188 186,188 - 186,188 1,000 - 185,188 G1905 Infill Housing 2019 139,797 282,297 - 282,297 29,407 69,593 183,297 G1906 Public Services 2019 111,140 111,140 - 111,140 66,230 41,782 3,128 Sub-Total 6,173,780 6,181,740 - 6,181,740 3,600,024 359,606 2,222,110 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 6,524 - 3,476 98606 Senior Citizens Services - EBWP 24,960 24,960 - 24,960 22,696 - 2,264 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,777 - 3,223 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 12,080 12,080 - 12,080 10,123 - 1,957 99869 Health Prevention Program 192,060 195,269 - 195,269 176,019 - 19,251 99872 Coordinated Child Care - Ross Norton 2,718,545 2,718,545 - 2,718,545 1,775,051 11,233 932,261 Sub-Total 3,001,645 3,004,854 - 3,004,854 2,028,789 11,233 964,832 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)105,020 105,020 1,057 106,077 - - 106,077 18 99865 Special Events 9,296,350 9,344,182 - 9,344,182 - - 9,344,182 99910 Library Special Account 830,311 843,113 13,796 856,908 815,184 225 41,499 19 G1907 Clearwater for Youth Grants - - 18,000 18,000 - - 18,000 20 PRSE190001 Special Events 70,000 488,019 740,057 1,228,076 813,251 - 414,825 21 Sub-Total 10,301,681 10,780,334 772,909 11,553,243 1,628,435 225 9,924,583 TOTAL ALL PROJECTS 49,213,447 50,539,275 1,673,102 52,212,377 33,940,457 906,552 17,365,368 36 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2018/19 Increase/ (Decrease)Description Revenues No amendments are proposed to Special Development Fund revenues at mid year. -$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at mid year. -$ Net Expenditure Amendments 37 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2018 - March 31, 2019 Third Quarter: October 1, 2018 - June 30, 2019 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2018/19 2018/19 2018/19 Amendments Revenues: Ad Valorem Taxes 3,044,520 3,044,520 3,044,520 - Infrastructure Tax 11,820,680 11,820,680 11,820,680 - Interest Earnings 537,000 537,000 537,000 - Open Space Fees 20,000 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 200,000 - Local Option Gas Tax 1,540,550 1,540,550 1,540,550 - Allocation of Assigned Fund Balance - 35,900 35,900 - Transfer-In from Capital Improvement Plan - 900,000 900,000 - 17,212,750 18,148,650 18,148,650 - Expenditures: Transfer to Capital Improvement Fund Road Millage 3,044,520 3,044,520 3,044,520 - Infrastructure Tax 11,463,460 11,463,460 11,463,460 - Recreation Facility Land Fees - 35,900 35,900 - Multi-Modal Impact fees 140,000 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 - 16,075,130 16,111,030 16,111,030 - SPECIAL DEVELOPMENT FUND 38 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2018 - March 31, 2019 Third Quarter: October 1, 2018 - June 30, 2019 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2018/19 2018/19 2018/19 Amendments Revenues: CDBG/Home Funds 740,940 740,940 740,940 - Interest Earnings 25,000 54,467 54,467 - Intergovernmental Revenue - 187,729 323,928 136,199 Charges for Service Revenue - 426,299 881,733 455,433 Judgments, Fines and Forfeit Revenue - 240,658 569,468 328,810 Miscellaneous Revenue - 209,585 762,245 552,659 Transfers from Special Program Fund - 232,090 232,090 - Transfers from General Fund:- - - - Sister City Program 37,380 37,380 37,380 - United Way Campaign Fund 1,500 1,500 1,500 - Special Events 70,000 70,000 270,000 200,000 Economic Development QTI 18,230 18,230 18,230 - Police Recruitments 30,000 30,000 30,000 - 923,050 2,248,878 3,921,980 1,673,102 Expenditures: General Government 37,380 37,380 292,933 255,553 Public Safety 30,000 824,202 1,466,873 642,671 Physical Environment - 41,804 43,772 1,968 Transportation - - - - Economic Environment 422,980 430,939 430,939 - Human Services 1,500 4,709 4,709 - Culture and Recreation 40,000 518,653 1,291,563 772,909 Interfund Transfers 236,190 236,190 236,190 - Transfer to Capital Fund 130,000 130,000 130,000 - 898,050 2,223,878 3,896,980 1,673,102 SPECIAL PROGRAM FUND SPECIAL PROGRAM FUND 39 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2018 - March 31, 2019 Third Quarter: October 1, 2018 - June 30, 2019 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2018/19 2018/19 2018/19 Amendments Revenues: HOME Investment Partnerships 383,150 383,150 383,150 - State Housing Initiatives Partnerships 156,790 156,790 156,790 - Total - HOME/SHIP Funds 539,940 539,940 539,940 - Expenditures: Economic Environment 380,950 380,950 380,950 Interfund Transfers 158,990 158,990 158,990 Total - HOME/SHIP Programs 539,940 539,940 539,940 - LOCAL HOUSING ASSISTANCE TRUST FUND 40 ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2018/19 41 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 03/05/19 Administrative Change Order #1 & Final – NE WRF Effluent Sand Filter Repairs (18-0019-UT). This change order decreases and increases items in accordance with field conditions resulting in a net decrease to the contract. Wharton-Smith Inc. (19,254.65) 04/01/19 Administrative Change Order #3 – East Gateway Stormwater & Sanitary Sewer (14-0051-EN). This change order decreases, increases, and adds items in accordance with field conditions resulting in a net zero change to the contract. David Nelson Construction Co. 0 04/24/19 Administrative Change Order #1 & Final – Clearwater Memorial Causeway Subaqueous Pipelines (14-0041-UT). This change order increases and adds for a forcemain bypass due to unknown location of an existing gas main and encountering an 18” forcemain versus the 16” forcemain and adds 59 calendar days to the contract resulting in a net increase to the contract. Andrew Sitework LLC. 289,870.96 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9294-19 2nd rdg Agenda Date: 7/18/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 9294-19 as amended on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2019, to reflect a net increase of $375,145. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2019 ORDINANCE NO. 9294-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, TO REFLECT A NET INCREASE OF $375,145 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2019 was adopted by Ordinance No. 9195-18; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 9195-18 is amended to read: Pursuant to the Mid-Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid-Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr.Mid Year Original Amended Amended Budget Budget Budget 2018/19 2018/19 2018/19 Amendments Police Protection 400,000 400,000 397,969 (2,031) Fire Protection 4,721,010 4,732,010 5,118,953 386,943 Major Street and Sidewalk Maintenance 7,071,260 7,071,260 7,071,260 - Intersections 315,410 315,410 315,410 - Parking 390,500 390,500 390,500 - Miscellaneous Engineering 41,500 41,500 41,500 - Park Development 13,036,110 18,510,070 18,613,429 103,359 Marine Facilities 1,096,000 1,096,000 1,204,239 108,239 Airpark Facilities 1,225,000 1,225,000 1,225,000 - Libraries 226,500 226,500 226,500 - Garage 7,695,970 8,085,970 8,004,655 (81,315) Maintenance of Buildings 3,390,000 3,773,085 3,773,085 - Miscellaneous 1,135,000 1,135,000 1,141,500 6,500 Stormwater Utility 7,148,350 7,148,350 7,148,350 - Gas System 5,850,000 5,850,000 5,686,572 (163,428) Solid Waste & Recycling 625,000 625,000 625,000 - Sewer System 34,107,770 33,963,207 33,963,207 - Water System 8,317,750 8,015,778 8,032,656 16,878 TOTAL PROJECT EXPENDITURES 96,793,130 102,604,639 102,979,784 375,145 GENERAL SOURCES: General Operating Revenue 12,862,330 13,245,415 13,328,899 83,484 Road Millage 3,044,520 3,044,520 3,044,520 - Penny for Pinellas 11,463,460 11,463,460 11,463,460 - Multi-Modal Impact Fee 140,000 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 - Recreation Facility Impact Fee - 35,900 35,900 Special Program Fund 130,000 130,000 130,000 - Grants - Other Agencies 960,000 6,360,000 6,360,000 Other Governmental 804,000 840,585 1,257,953 417,368 Insurance Proceeds - 38,060 38,060 Donations 50,000 50,000 50,000 Reimbursement - - 6,500 6,500 SELF SUPPORTING FUNDS: Marine Revenue 430,000 430,000 430,000 - Clearwater Harbor Marina Revenue 146,000 146,000 146,000 - Airpark Revenue 25,000 25,000 25,000 - Parking Revenue 450,500 450,500 558,739 108,239 Water Revenue 6,267,200 6,267,200 6,267,200 - Sewer Revenue 24,518,850 24,518,850 24,518,850 - Water Impact Fees 160,000 160,000 160,000 - EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19 Ordinance # 9294-19 First Qtr.Mid Year Original Amended Amended Budget Budget Budget 2018/19 2018/19 2018/19 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19 Sewer Impact Fees 24,920 24,920 24,920 - Utility R&R 9,844,550 9,844,550 9,844,550 - Stormwater Utility Revenue 7,148,350 7,148,350 7,148,350 - Gas Revenue 5,850,000 5,850,000 5,850,000 Solid Waste Revenue 525,000 525,000 525,000 - Recycling Revenue 100,000 100,000 100,000 - Grants - Other Agencies -(483,122) (466,243) 16,878 INTERNAL SERVICE FUNDS: Garage Revenue 1,268,470 1,658,470 1,658,470 - General Services Revenue 100,000 100,000 100,000 - Administrative Services Revenue 675,000 675,000 675,000 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 789,330 800,330 706,434 (93,896) BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water & Sewer 806,000 806,000 806,000 - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 6,327,500 6,327,500 6,327,500 Lease Purchase - General Services 65,000 65,000 65,000 Lease Purchase - Administrative Services 390,000 390,000 390,000 - Lease Purchase - Gas - - (163,428) (163,428) TOTAL ALL FUNDING SOURCES:96,793,130 102,604,639 102,979,784 375,145 Ordinance # 9294-19 MOTION TO AMEND ORDINANCE NO. 9294-19 ON SECOND READING Amend Exhibit A of the ordinance as follows: On page two of Exhibit A, amend the last line, TOTAL ALL FUNDING SOURCES to read as follows: TOTAL ALL FUNDING SOURCES: 96,793,130 102,604,639 102,979,784 103,143,212 375,145 _____________________________ Pamela K. Akin City Attorney July 18, 2019 First Qtr.Mid Year Original Amended Amended Budget Budget Budget 2018/19 2018/19 2018/19 Amendments Police Protection 400,000 400,000 397,969 (2,031) Fire Protection 4,721,010 4,732,010 5,118,953 386,943 Major Street and Sidewalk Maintenance 7,071,260 7,071,260 7,071,260 - Intersections 315,410 315,410 315,410 - Parking 390,500 390,500 390,500 - Miscellaneous Engineering 41,500 41,500 41,500 - Park Development 13,036,110 18,510,070 18,613,429 103,359 Marine Facilities 1,096,000 1,096,000 1,204,239 108,239 Airpark Facilities 1,225,000 1,225,000 1,225,000 - Libraries 226,500 226,500 226,500 - Garage 7,695,970 8,085,970 8,004,655 (81,315) Maintenance of Buildings 3,390,000 3,773,085 3,773,085 - Miscellaneous 1,135,000 1,135,000 1,141,500 6,500 Stormwater Utility 7,148,350 7,148,350 7,148,350 - Gas System 5,850,000 5,850,000 5,686,572 (163,428) Solid Waste & Recycling 625,000 625,000 625,000 - Sewer System 34,107,770 33,963,207 33,963,207 - Water System 8,317,750 8,015,778 8,032,656 16,878 TOTAL PROJECT EXPENDITURES 96,793,130 102,604,639 102,979,784 375,145 GENERAL SOURCES: General Operating Revenue 12,862,330 13,245,415 13,328,899 83,484 Road Millage 3,044,520 3,044,520 3,044,520 - Penny for Pinellas 11,463,460 11,463,460 11,463,460 - Multi-Modal Impact Fee 140,000 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 - Recreation Facility Impact Fee - 35,900 35,900 Special Program Fund 130,000 130,000 130,000 - Grants - Other Agencies 960,000 6,360,000 6,360,000 Other Governmental 804,000 840,585 1,257,953 417,368 Insurance Proceeds - 38,060 38,060 Donations 50,000 50,000 50,000 Reimbursement - - 6,500 6,500 SELF SUPPORTING FUNDS: Marine Revenue 430,000 430,000 430,000 - Clearwater Harbor Marina Revenue 146,000 146,000 146,000 - Airpark Revenue 25,000 25,000 25,000 - Parking Revenue 450,500 450,500 558,739 108,239 Water Revenue 6,267,200 6,267,200 6,267,200 - Sewer Revenue 24,518,850 24,518,850 24,518,850 - Water Impact Fees 160,000 160,000 160,000 - EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19 Ordinance # 9294-19 First Qtr.Mid Year Original Amended Amended Budget Budget Budget 2018/19 2018/19 2018/19 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19 Sewer Impact Fees 24,920 24,920 24,920 - Utility R&R 9,844,550 9,844,550 9,844,550 - Stormwater Utility Revenue 7,148,350 7,148,350 7,148,350 - Gas Revenue 5,850,000 5,850,000 5,850,000 Solid Waste Revenue 525,000 525,000 525,000 - Recycling Revenue 100,000 100,000 100,000 - Grants - Other Agencies -(483,122) (466,243) 16,878 INTERNAL SERVICE FUNDS: Garage Revenue 1,268,470 1,658,470 1,658,470 - General Services Revenue 100,000 100,000 100,000 - Administrative Services Revenue 675,000 675,000 675,000 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 789,330 800,330 706,434 (93,896) BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water & Sewer 806,000 806,000 806,000 - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 6,327,500 6,327,500 6,327,500 Lease Purchase - General Services 65,000 65,000 65,000 Lease Purchase - Administrative Services 390,000 390,000 390,000 - Lease Purchase - Gas - - (163,428) (163,428) TOTAL ALL FUNDING SOURCES:96,793,130 102,604,639 102,979,784 375,145 103,143,212 Ordinance # 9294-19 Mid Year Budget Review Fiscal Year 2018-19 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Micah Maxwell, Assistant City Manager Department Directors SUBJECT: Mid year budget review - amended City Manager's annual budget report DATE: June 5, 2019 Attached is the mid year budget review in accordance with the City Code of Ordinances. The report is based on six months of activity (October 2018 through March 2019) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $2,051,756. The General Fund expenditure increase at mid year includes Council approved appropriations of General Fund reserves which total $2,051,390. Amendments include $226,390 to fund fiscal year 2018/19 increases from the Fraternal Order of Police (FOP) Officers and FOP Supervisors contract; and $1,825,000 to fund the purchase of the former North Ward Elementary School property. Other amendments to the General Fund include an increase of $336 to the engineering department which received the quarterly safety award with offsetting revenues recognized from the Central Insurance Fund, and a $30 increase in employee recognition in the parks and recreation department offset by donation received. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2018 books, and the adjustment to reserves noted above, estimated General Fund reserves at mid year are approximately $25.7 million, or 17.4% of the current year’s General Fund budget, exceeding our minimum reserve requirement by $13.2 million. Mid Year Budget Review Fiscal Year 2018-19 City Manager's Transmittal Significant amendments to other city operating funds are noted as follows. Gas Fund Mid year amendments to Gas Fund expenditures reflect an increase of $1,963,547. Significant amendments include increases to overtime which total $251,600; a net increase of $1,020,403 to various operating accounts, primarily inventory for resale, utilities and operating supplies; an increase of $17,000 for building and maintenance charges; and an increase of $674,544 to transfers for the increased gas dividend payment to the General Fund. Capital Improvement Program Mid year amendments to the capital improvement program reflect a net increase of $375,145. This increase is primarily the result of the following amendments which are summarized on page 21: an increase of $417,368 in County Fire Tax revenues in the Countryside Fire Station project; increases which total $221,024 representing transfers between capital funds in the Miscellaneous Public Art and Beach Guard Facility Maintenance project due to accounting system conversion; and decreases which total $255,602 of lease purchase proceeds in the Gas Vehicle Additions, Police Vehicles, and Articulating Boom Lift projects. Special Program Fund The Special Program Fund reflects a net budget increase of $1,673,102 at mid year. Significant amendments include a transfer of $200,000 in General Fund revenues to provide additional funding needed to support special events; the recognition of $6,435 in governmental revenues supporting Police programs for investigative cost recovery; $129,764 in FEMA reimbursements for Hurricane Irma; $33,892 in donation revenues to support Police, Parks, and Library programs; $17,000 in receipts from foreclosure registry fees collected; $540,057 in revenues received for special events; $328,810 in fines and court proceeds to support the lien foreclosure program, public safety programs and the tree replacement program; and $417,143 in contractual service revenue for Police Extra Duty. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2018/19 2018/19 FY 18/19 First Variance % Adopted Quarter Mid Year YTD Actual vs.YTD vs.Mid Year Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 148,139,000 148,840,129 98,590,131 50,249,998 66%2,051,756 150,891,885 Expenditures 148,139,000 148,840,129 82,052,945 66,787,184 55%2,051,756 150,891,885 Utility Funds: Water & Sewer Fund Revenues 103,723,090 103,724,266 43,872,325 59,851,941 42%- 103,724,266 Expenditures 103,723,090 103,724,266 73,400,263 30,324,003 71%- 103,724,266 Stormwater Fund Revenues 18,854,780 18,854,780 10,622,751 8,232,029 56%312 18,855,092 Expenditures 18,854,780 18,854,780 13,299,331 5,555,449 71%312 18,855,092 Gas Fund Revenues 47,617,850 47,617,850 24,775,105 22,842,745 52%1,963,547 49,581,397 Expenditures 44,708,470 44,708,470 26,127,588 18,580,882 58%1,963,547 46,672,017 Solid Waste and Recycling Fund Revenues 26,743,600 26,743,600 13,935,795 12,807,805 52%- 26,743,600 Expenditures 26,273,760 26,273,760 12,029,848 14,243,912 46%- 26,273,760 Enterprise Funds: Marine Fund Revenues 4,675,460 5,035,460 2,259,008 2,776,452 45%- 5,035,460 Expenditures 4,395,110 5,015,110 2,319,439 2,695,671 46%- 5,015,110 Airpark Fund Revenues 325,600 325,600 168,612 156,988 52%- 325,600 Expenditures 304,940 304,940 251,445 53,496 82%- 304,940 Clearwater Harbor Marina Fund Revenues 815,200 815,200 453,039 362,161 56%- 815,200 Expenditures 815,110 815,110 604,332 210,778 74%- 815,110 Parking Fund Revenues 6,935,540 6,935,540 3,081,068 3,854,472 44%167 6,935,707 Expenditures 5,395,890 5,492,284 3,029,938 2,462,346 55%167 5,492,451 Internal Service Funds: General Services Fund Revenues 5,561,310 5,561,516 2,978,273 2,583,243 54%- 5,561,516 Expenditures 5,561,310 5,561,516 2,854,572 2,706,944 51%- 5,561,516 Administrative Services Revenues 12,387,530 12,387,734 6,214,901 6,172,833 50%- 12,387,734 Expenditures 12,223,350 12,223,554 6,222,077 6,001,477 51%- 12,223,554 Garage Fund Revenues 20,176,620 20,566,842 8,583,202 11,983,641 42%- 20,566,842 Expenditures 20,176,620 20,566,842 13,870,690 6,696,152 67%- 20,566,842 Central Insurance Fund Revenues 27,172,480 27,172,480 13,332,219 13,840,261 49%- 27,172,480 Expenditures 27,151,320 27,151,320 11,070,742 16,080,578 41%- 27,151,320 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2018-19 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 7 Other Enterprise Funds Operating Budgets ................................................................................. 12 Internal Service Funds Operating Budgets ................................................................................... 16 Capital Improvement Program Budget ........................................................................................ 20 Special Program Fund Budget ....................................................................................................... 32 Special Development Fund ........................................................................................................... 37 Administrative Change Orders ...................................................................................................... 41 Ordinances ..................................................................................................................................... 42 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2018 through March 31, 2019. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2019. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget The budget as adopted by the City Council on September 20, 2018. Variance YTD Actual vs. Adopted Budget Difference between adopted budget and year to date actual. % YTD vs. Budget Percentage of adopted budget expended, year to date. Proposed Amendments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. 2 Amended Budget Adding the Original Budget and Adjustments. Capital Improvement Program The amended 2018/19 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget The budget as of October 1, 2018, which includes project budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes - At mid year,approximately 92%of budgeted property tax revenues have been collected.This is as projected,most property tax payments are made with in the first six months of the fiscal year, no amendment is proposed at this time. Other Permits and Fees - At mid year,68%of budgeted other permits and fee revenues have been collected.This is due to better than projected building/sign permit revenues.No amendment is proposed at this time. At mid year,70%of budgeted revenues have been collected. This is due to better than projected revenues from court fines and red light camera fines.No amendment is proposed at this time. Miscellaneous 30 At mid year,miscellaneous revenues reflect collections of 81% of budgeted revenues due to timing of revenues received. Amendments include an increase of $30.00 in donation revenue which is offset by an increase to the Parks and Recreation department for employee appreciation. 336 At mid year,transfer in revenues reflect an increase of $336 to recognize safety award funding from the Central Insurance Fund. Judgments, Fines & Forfeitures City of Clearwater General Fund Revenues Mid Year Amendments FY 2018/19 Transfers In 3 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2018/19 Mid year amendments reflect a appropriation of $2,051,390 to General Fund retained earnings.Amendments,include the following allocations: 226,390 1)An appropriation of $226,390 from fund reserves to provide increased funding for the Fraternal Order of Police (FOP)Officers and FOP Supervisors agreements as approved by the Council on March 21, 2019. 1,825,000 2)An appropriation of $1,825,000 from fund reserves to fund the purchase of the former North Ward Elementary School property as approved by the Council on April 4, 2019. 2,051,390 2,051,756 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus 4 Increase/ (Decrease)Description 336 At mid year,Engineering expenditures reflect an increase of $336 to employee recognition for receipt of the quarterly safety award. 30 Amendments to the Parks and Recreation Department reflect an increase of $30 to employee recognition offset by a revenue amendment recognizing the receipt of a donation; and a net zero amendment transferring a total of $200,000 from salary and operating savings to special program PRSE190001,Special Events to provide additional funding necessary to support special events. 986,490 Budget amendments in the Police Department reflect an increase of $986,490 to fund the cost of the FOP Officers and FOP Supervisors agreements which was approved by Council on March 21,2019.This increase is offset by an allocation of $226,390 from fund reserves and a transfer of $760,100 from non-departmental. Non-Departmental 1,064,900 Mid year amendments to Non-Departmental include a transfer of $760,100 to the Police Department to fund the FOP Officers and FOP Supervisors agreements as approved by Council on March 21,2019;and an increase of $1,825,000 to land development to fund the purchase of the former North Ward Elementary School property. 2,051,756 Net General Fund Expenditure Amendment Police Parks & Recreation Engineering City of Clearwater General Fund Expenditures Mid Year Amendments FY 2018/19 5 2018/19 Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 60,858,200 56,106,931 4,751,269 92%- 60,858,200 Utility Taxes 15,188,200 6,718,112 8,470,088 44%- 15,188,200 Local Option, Fuel and Other Taxes 6,649,400 3,431,030 3,218,370 52%- 6,649,400 Franchise Fees 9,748,000 4,129,126 5,618,874 42%- 9,748,000 Other Permits & Fees 2,313,500 1,571,228 742,272 68%- 2,313,500 Intergovernmental 23,285,629 9,354,547 13,931,082 40%- 23,285,629 Charges for Services 15,290,960 7,245,756 8,045,204 47%- 15,290,960 Judgments, Fines and Forfeitures 1,184,000 823,927 360,073 70%- 1,184,000 Miscellaneous Revenues 3,918,949 3,178,669 740,280 81%30 3,918,979 Transfers In 11,100,980 6,030,806 5,070,174 54%336 11,101,316 Total Revenues 149,537,818 98,590,131 50,947,687 66%366 149,538,184 Transfer (to) from Surplus (697,689) - (697,689) 0%2,051,390 1,353,701 Adjusted Revenues 148,840,129 98,590,131 50,249,998 66%2,051,756 150,891,885 General Fund Expenditures City Council 383,990 201,488 182,502 52%- 383,990 City Manager's Office 1,087,380 517,990 569,390 48%- 1,087,380 City Attorney's Office 1,746,160 790,931 955,229 45%- 1,746,160 City Auditor's Office 230,962 110,842 120,120 48%- 230,962 CRA Administration 410,057 247,712 162,345 60%- 410,057 Economic Development and Housing 1,921,310 1,052,780 868,530 55%- 1,921,310 Engineering 7,991,460 3,820,113 4,171,347 48%336 7,991,796 Finance 2,585,047 1,149,276 1,435,771 44%- 2,585,047 Fire 28,449,354 14,574,781 13,874,573 51%- 28,449,354 Human Resources 1,521,386 775,467 745,919 51%- 1,521,386 Library 7,439,790 3,944,366 3,495,424 53%- 7,439,790 Non-Departmental 14,133,125 12,441,868 1,691,257 88%1,064,900 15,198,025 Official Records and Legislative Svcs 1,123,818 524,851 598,967 47%- 1,123,818 Parks & Recreation 29,846,370 15,878,350 13,968,020 53%30 29,846,400 Planning & Development 6,151,040 3,034,783 3,116,257 49%- 6,151,040 Police 42,351,890 22,282,536 20,069,354 53%986,490 43,338,380 Public Communications 1,170,840 551,902 618,938 47%- 1,170,840 Public Utilities 296,150 152,908 143,242 52%- 296,150 Total Expenditures 148,840,129 82,052,945 66,787,184 55%2,051,756 150,891,885 For Six Month Period of October 1, 2018- March 31, 2019 GENERAL FUND MID YEAR REVIEW 6 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 87,465,240 42,483,200 44,982,040 49%- 87,465,240 Judgments, Fines and Forfeits 271,000 167,520 103,480 62%- 271,000 Miscellaneous 837,460 1,220,429 (382,969) 146%- 837,460 Transfers In 1,176 1,176 - 100%- 1,176 Fund Equity 15,149,390 - 15,149,390 0%- 15,149,390 Total Revenues 103,724,266 43,872,325 59,851,941 42%- 103,724,266 Water & Sewer Expenditures: Public Utilities Administration 1,636,416 758,250 878,166 46%- 1,636,416 Wastewater Collection 16,074,400 13,233,504 2,840,896 82%- 16,074,400 Public Utilities Maintenance 5,739,030 2,822,700 2,916,330 49%- 5,739,030 WPC / Plant Operations 33,961,510 30,051,028 3,910,482 88%- 33,961,510 WPC / Laboratory Operations 2,704,510 1,868,933 835,577 69%- 2,704,510 WPC / Industrial Pretreatment 920,550 405,654 514,896 44%- 920,550 Water Distribution 10,954,390 11,977,473 (1,023,083) 109%10,156,500 21,110,890 Water Supply 18,682,630 9,882,591 8,800,039 53%- 18,682,630 Reclaimed Water 2,894,330 2,400,129 494,201 83%- 2,894,330 Non-Departmental 10,156,500 - 10,156,500 0%(10,156,500) - Total Expenditures 103,724,266 73,400,263 30,324,003 71%- 103,724,266 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2018/19. No amendments are proposed to Water and Sewer Fund revenues at mid year. Expenditures reflect 71%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments include the transfer of the budgeted costs for debt service from the non-departmental cost center to water distribution to better align the budget with actual activity. 7 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 18,336,780 9,250,402 9,086,378 50%- 18,336,780 Judgments, Fines and Forfeits 70,000 41,184 28,816 59%- 70,000 Miscellaneous 448,000 1,331,165 (883,165) 297%- 448,000 Transfers In - - - ~312 312 Fund Equity - - - ~- - Total Revenues 18,854,780 10,622,751 8,232,029 56%312 18,855,092 Stormwater Expenditures: Stormwater Management 12,280,060 8,802,531 3,477,529 72%60 12,280,120 Stormwater Maintenance 6,574,720 4,496,800 2,077,920 68%252 6,574,972 Total Expenditures 18,854,780 13,299,331 5,555,449 71%312 18,855,092 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:312 Stormwater Fund Expenditures:312 At mid year, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2018/19. At mid year,amendments to Stormwater Fund revenues reflect an increase of $312 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. At mid year,expenditures reflect 71%of total budget due to transfers to the capital fund which happen in the first period of the year. Amendments to Stormwater Fund expenditures reflect an increase of $312 to employee recognition for receipt of the quarterly safety award. 8 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW GAS FUND Gas Revenues: Charges for Service 47,036,860 24,265,155 22,771,705 52%1,927,907 48,964,767 Judgments, Fines and Forfeits 132,000 69,022 62,978 52%- 132,000 Miscellaneous 448,990 440,928 8,062 98%35,640 484,630 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 47,617,850 24,775,105 22,842,745 52%1,963,547 49,581,397 Gas Expenditures: Administration & Supply 23,922,570 11,432,477 12,490,093 48%591,326 24,513,896 South Area Gas Operations 8,099,530 6,299,001 1,800,529 78%788,628 8,888,158 North Area Gas Operations 6,206,570 4,383,829 1,822,741 71%135,620 6,342,190 Marketing & Sales 6,479,800 4,012,280 2,467,520 62%447,973 6,927,773 Total Expenditures 44,708,470 26,127,588 18,580,882 58%1,963,547 46,672,017 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:1,963,547 Gas Fund Expenditures:1,963,547 At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $2,909,380 for fiscal year 2018/19. At mid year,Gas Fund revenues reflect amendments which net an increase of $1,963,547.Amendments include the following:1)an increase totaling $1,927,907 in charges for service revenues representing increases in various gas sales and installation charges and 2)an increase of $35,640 in miscellaneous revenue for interest earnings and other general revenue. Mid year expenditure amendments reflect a net increase of $1,963,547.Amendments include:1)a net increase of $251,600 in personnel for increased overtime;2)a net increase of $1,020,403 to other operating expense which represent increases to inventory/fuel purchases,operating supplies,utilities,equipment purchases,and uniforms;3)an increase of $17,000 to internal services for building and maintenance charges;and 4)an increase of $674,544 to interfund transfers for the increased gas dividend payment to the General Fund. 9 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 962 39 96%- 1,000 Charges for Service 23,659,000 11,858,393 11,800,607 50%- 23,659,000 Judgments, Fines and Forfeits 85,000 51,477 33,523 61%- 85,000 Miscellaneous 512,000 770,619 (258,619) 151%- 512,000 Transfers In - - - ~- - Solid Waste Revenues 24,257,000 12,681,449 11,575,551 52%- 24,257,000 Recycling Revenues: Other Permits and Fees 400 288 113 72%- 400 Intergovernmental - - - ~- - Charges for Service 2,295,000 1,182,059 1,112,941 52%- 2,295,000 Judgments, Fines and Forfeits 8,000 4,802 3,198 60%- 8,000 Miscellaneous 183,200 67,197 116,003 37%- 183,200 Transfers In - - - ~- - Recycling Revenues 2,486,600 1,254,346 1,232,254 50%- 2,486,600 Fund Equity - - - ~- - Total Revenues 26,743,600 13,935,795 12,807,805 52%- 26,743,600 Solid Waste Expenditures: Collection 18,633,870 8,497,807 10,136,063 46%- 18,633,870 Transfer 1,756,070 837,129 918,941 48%- 1,756,070 Container Maintenance 889,510 457,425 432,085 51%- 889,510 Administration 1,087,370 549,780 537,590 51%- 1,087,370 Solid Waste Expenditures 22,366,820 10,342,141 12,024,679 46%- 22,366,820 Recycling Expenditures: Residential 1,609,530 731,620 877,910 45%- 1,609,530 Multi-Family 440,920 218,914 222,006 50%- 440,920 Commercial 1,856,490 737,174 1,119,316 40%- 1,856,490 Recycling Expenditures 3,906,940 1,687,707 2,219,233 43%- 3,906,940 ~ Total Expenditures 26,273,760 12,029,848 14,243,912 46%- 26,273,760 At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $469,840 for fiscal year 2018/19. 10 2018/19 Variance %2018/19 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2018 to March 31, 2019 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND (continued) Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- No amendments are proposed to Solid Waste and Recycling Fund revenues at mid year. No amendments are proposed to Solid Waste and Recycling Fund expenditures at mid year. 11 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental 4,500 2,257 2,243 50%- 4,500 Charges for Service 4,931,960 2,195,099 2,736,861 45%- 4,931,960 Judgments, Fines and Forfeits 3,000 1,019 1,981 34%- 3,000 Miscellaneous Revenue 96,000 60,633 35,367 63%- 96,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 5,035,460 2,259,008 2,776,452 45%- 5,035,460 Marine Expenditures: Marina Operations 4,977,540 2,307,790 2,669,750 46%- 4,977,540 Seminole Street Boat Ramp 37,570 11,650 25,920 31%- 37,570 Total Expenditures 5,015,110 2,319,439 2,695,671 46%- 5,015,110 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For The Six Month Period of October 1, 2018 - March 31, 2019 ENTERPRISE FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the Marine Fund exceed anticipated expenditures by $20,350 for fiscal year 2018/19. No amendments are proposed to Marine Fund revenues at mid year. No amendments are proposed to Marine Fund expenditures at mid year. 12 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 ENTERPRISE FUNDS MID YEAR REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 795,000 430,776 364,224 54%- 795,000 Judgments, Fines and Forfeits 800 270 530 34%- 800 Miscellaneous Revenue 19,400 21,993 (2,593) 113%- 19,400 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 815,200 453,039 362,161 56%- 815,200 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 815,110 604,332 210,778 74%- 815,110 Total Expenditures 815,110 604,332 210,778 74%- 815,110 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:- At mid year, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $90 for fiscal year 2018/19. No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. No amendments are proposed to Clearwater Harbor Marina Fund expenditures at mid year.Expenditures reflect 74%of total budget due to transfers to the capital fund which happen in the first period of the year. 13 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 ENTERPRISE FUNDS MID YEAR REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 20,000 7,328 12,672 37%- 20,000 Miscellaneous Revenue 305,600 161,283 144,317 53%- 305,600 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 325,600 168,612 156,988 52%- 325,600 Airpark Expenditures: Airpark Operations 304,940 251,445 53,496 82%- 304,940 Total Expenditures 304,940 251,445 53,496 82%- 304,940 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:- Airpark Fund Expenditures:- At mid year, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $20,660 for fiscal year 2018/19. No amendments are proposed to Airpark Fund revenues at mid year. No amendments are proposed to Airpark Fund expenditures at mid year.Expenditures reflect 82%of total budget due to transfers to the capital fund which happen in the first period of the year. 14 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND Parking Revenues: Charges for Service 6,083,090 2,585,688 3,497,402 43%- 6,083,090 Judgments, Fines and Forfeits 650,450 317,725 332,725 49%- 650,450 Miscellaneous Revenue 202,000 177,654 24,346 88%- 202,000 Transfers In - - - ~167 167 Fund Equity - - - ~- - Total Revenues 6,935,540 3,081,068 3,854,472 44%167 6,935,707 PARKING FUND EXPENDITURES Engineering/Parking System 3,905,724 2,249,412 1,656,312 58%121 3,905,845 Engineering/Parking Enforcement 650,450 301,276 349,174 46%46 650,496 Parks & Rec/Beach Guards 936,110 479,250 456,860 51%- 936,110 Total Expenditures 5,492,284 3,029,938 2,462,346 55%167 5,492,451 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:167 Parking Fund Expenditures:167 At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,443,256 for fiscal year 2018/19. At mid year,amendments to Parking Fund revenues reflect an increase of $167 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. At mid year,amendments to Parking Fund expenditures increase employee recognition by $167 for receipt of the quarterly safety award. 15 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 5,522,310 2,850,478 2,671,832 52%- 5,522,310 Miscellaneous Revenues 39,000 127,589 (88,589) 327%- 39,000 Transfers In 206 206 - 100%- 206 Fund Equity - - - ~- - Total Revenues 5,561,516 2,978,273 2,583,243 54%- 5,561,516 General Services Expenditures: Administration 403,498 209,794 193,704 52%- 403,498 Building & Maintenance 5,158,018 2,644,778 2,513,240 51%- 5,158,018 Total Expenditures 5,561,516 2,854,572 2,706,944 51%- 5,561,516 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- At mid year, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal year 2018/19. No amendments are proposed to General Services Fund revenues at mid year. No amendments are proposed to General Services Fund expenditures at mid year. For The Six Month Period of October 1, 2018 - March 31, 2019 INTERNAL SERVICE FUNDS MID YEAR REVIEW 16 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 INTERNAL SERVICE FUNDS MID YEAR REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 12,238,530 6,107,724 6,130,806 50%- 12,238,530 Miscellaneous Revenues 149,000 106,973 42,027 72%- 149,000 Transfers In 204 204 - 100%- 204 Fund Equity - - - ~- - Total Revenues 12,387,734 6,214,901 6,172,833 50%- 12,387,734 Administrative Services Expenditures: Info Tech / Admin 396,654 213,418 183,236 54%140 396,794 Info Tech / Network Svcs 3,983,890 1,983,854 2,000,037 50%(140) 3,983,750 Info Tech / Software Applications 2,996,710 1,813,292 1,183,418 61%- 2,996,710 Info Tech / Telecommunications 840,730 392,119 448,611 47%- 840,730 Public Comm / Courier 191,310 57,696 133,615 30%- 191,310 Clearwater Customer Service 3,814,260 1,761,699 2,052,561 46%- 3,814,260 Total Expenditures 12,223,554 6,222,077 6,001,477 51%- 12,223,554 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- No amendments are proposed to Administrative Services Fund revenues at mid year. Amendments to Administrative Services Fund expenditures reflect increases and decreases to various expenditures which net to zero. At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $164,180 for fiscal year 2018/19. 17 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 INTERNAL SERVICE FUNDS MID YEAR REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 18,397,890 8,242,006 10,155,884 45%- 18,397,890 Miscellaneous Revenues 733,000 340,973 392,027 47%- 733,000 Transfers In 222 222 - 100%- 222 Fund Equity 1,435,730 - 1,435,730 0%- 1,435,730 Total Revenues 20,566,842 8,583,202 11,983,641 42%- 20,566,842 Garage Fund Expenditures: Fleet Maintenance 17,740,210 11,596,863 6,143,347 65%- 17,740,210 Radio Communications 2,826,632 2,273,827 552,805 80%- 2,826,632 Total Expenditures 20,566,842 13,870,690 6,696,152 67%- 20,566,842 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2018/19. No amendments are proposed to Garage Fund revenues at mid year. No amendments are proposed to Garage Fund expenditures at mid year.Expenditures reflect 67%of total budget due to transfers to the capital fund which happen in the first period of the year. 18 2018/19 Mid-Year Variance %2018/19 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2018 - March 31, 2019 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 26,645,480 12,703,350 13,942,130 48%- 26,645,480 Miscellaneous Revenues 527,000 628,869 (101,869) 119%- 527,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 27,172,480 13,332,219 13,840,261 49%- 27,172,480 Central Insurance Expenditures: Finance / Risk Management 499,900 161,796 338,104 32%- 499,900 HR / Employee Benefits 399,550 188,839 210,711 47%- 399,550 HR / Employee Health Clinic 1,752,040 534,018 1,218,022 30%- 1,752,040 Non-Departmental 24,499,830 10,186,088 14,313,742 42%- 24,499,830 Total Expenditures 27,151,320 11,070,742 16,080,578 41%- 27,151,320 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At mid year, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $21,160 for fiscal year 2018/19. No amendments are proposed to Central Insurance Fund revenues at mid year. No amendments are proposed to Central Insurance Fund expenditures at mid year. 19 CAPITAL IMPROVEMENT PROGRAM Mid-Year Summary FY 2018/19 20 The amended 2018/19 Capital Improvement Program budget report is submitted for the City Council's Mid-Year review. The net proposed amendment is a budget increase in the amount of $375,145. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following capital improvement budget activity: ➢ Countryside Fire Station - To record a budget increase in the amount of $417,368 in County Fire Protection Tax. ➢ Miscellaneous Public Art – To record a budget increase of $112,785 of Public Art funding, recognizing unspent revenues transferred from the historical project due to system conversion. ➢ Beach Guard Facility Maintenance - To record a budget increase of $108,239 in Parking Fund revenue, recognizing unspent revenues transferred from the historical project due to system conversion. ➢ Gas Vehicle Additions - To record a budget decrease of $161,706 of Lease Purchase Proceeds. ➢ Police Vehicles - To record a budget decrease of $83,346 of Lease Purchase Proceeds. ➢ Articulating Boom Lift – To record a budget decrease of $10,550 of Lease Purchase Proceeds. We have no significant budget increases that have been previously approved by the City Council. Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Police Range Improvements - CLOSE PROJECT 1 315-91150 (2,031) To record a budget transfer in the amount of $2,031.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-94238, Police Vehicles. The Police Range project will be closed. (2,031) Fire Engine Replacement 2 316-91218 11,000 * To reclass a first quarter amendment, which should have been posted to 316-91218, Fire Engine Replacement instead of 316-91236, Rescue Vehicle.11,000 Rescue Vehicle 3 316-91236 (11,000) * To reclass a first quarter amendment, which should have been posted to 316-91218, Fire Engine Replacement.(11,000) Countryside Fire Station - CLOSE PROJECT 4 315-91268 (640,981) To record a budget transfer in the amount of $640,980.67 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project FD00190002, Fire Station 47 Replacement. The Countryside Fire Station project is complete and will be closed. 417,368 To record a budget increase in the amount of $417,368.00 of County Fire Protection Tax to bring budget in line with actual receipts.(223,613) Lakeview Fire Station - CLOSE PROJECT 5 315-91273 (4,198,460) To record a budget transfer in the amount of $4,198,460.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project FD00190002, Fire Station 47 Replacement, for conversion to new project accounting software. This project will be closed.(4,198,460) Fire Station 47 Replacement - NEW PROJECT 6 FD00190002 4,839,441 To record a budget transfers of Infrastructure Sales Tax (Penny for Pinellas) revenue of $640,980.67 from project 315-91268, Countryside Fire Station, and $4,198,460.00 from project 315-91273, Lakeview Fire Station.4,839,441 Video Teleconferencing Equipment - Fire 7 G1803 (30,425) * To record a budget decrease in the amount of $30,425.00 of General Fund revenue. This eliminates the fiscal year 2018 amendment which was duplicated in the fiscal year 2018/19 budget.(30,425) CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 21 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 Miscellaneous Minor Public Art 8 325-93608 1,124 * To record a budget increase in the amount of $1,123.57 transferred from closed project 325-93263, Public Art Maintenance. This will bring the budget in line with actual receipts.1,124 Miscellaneous Public Art - NEW PROJECT 9 315-A1901 112,785 To record a budget increase in the amount of $112,785.00 recognizing unspent revenues in project 325-93608, Miscellaneous Minor Public Art, which will be closed. Fund 325 is being eliminated as part for conversion to new accounting software. 112,785 Countryside Plex Restroom/Concession Renovation 10 315-93652 1,149,500 To record budget transfers of Infrastructure Sales Tax (Penny for Pinellas) revenue of $450,000.00 from project 315-93666, Woodgate Park Renovations; $300,000.00 from project 315-93669, Northeast Coachman Park Renovation; and $399,500.00 from project 315-93661, Frank Tack Parking Lot.1,149,500 Frank Tack Parking Lot - CLOSE PROJECT 11 315-93661 (399,500) To record a budget transfer in the amount of $399,500.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-93652, Countryside Plex Restroom/ Concession Renovation. This project will be closed.(399,500) Woodgate Park Renovations - CLOSE PROJECT 12 315-93666 (450,000) To record a budget transfer in the amount of $450,000.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-93652, Countryside Plex Restroom/ Concession Renovation. This project will be closed.(450,000) Northeast Coachman Park Renovation - CLOSE PROJECT 13 315-93669 (300,000) To record a budget transfer in the amount of $300,000.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-93652, Countryside Plex Restroom/ Concession Renovation. This project will be closed.(300,000) Articulating Boom Lift - CLOSE PROJECT 14 316-93670 (10,550) To record a budget decrease in the amount of $10,550.00 of Lease Purchase Proceeds. This project is completed and will be closed.(10,550) 22 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 Beach Guard Facility Maintenance - CLOSE PROJECT 15 335-93403 108,239 To reverse first quarter budget amendment which was posted as a budget decrease instead of a budget transfer. This project will be closed.108,239 Books & Other Library Material 16 315-93527 (100,000) To record a budget transfer in the amount of $100,000.00 of General Fund revenue to the following two projects. Project 315-93532, Library Maker Space Maintenance and Upgrade and project 315-93534, Library FF&E Repair and Replace, both in the amount of $50,000.00.(100,000) Library Maker Space Maintenance & Upgrade 17 315-93532 50,000 To record a budget transfer in the amount of $50,000.00 of General Fund revenue from project 315-93527, Books & Other Library Material in the amount of $50,000.00.50,000 Library FF&E Repair & Replacement 18 315-93534 50,000 To record a budget transfer in the amount of $50,000.00 of General Fund revenue from project 315-93527, Books & Other Library Material in the amount of $50,000.00.50,000 Police Vehicles 19 316-94238 (83,346) To record a budget decrease in the amount of $83,345.76 of Lease Purchase Proceeds. The lease purchase portion of the project is completed and will be closed. 315-94238 2,031 To record a budget transfer of $2,031.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue from project 315- 91150, Police Range Improvements.(81,315) Motorized Equipment Replacement - CLOSE PROJECT 20 366-94241 (2,311,446) To record budget transfers of Lease Purchase Proceeds of $2,111,445.66 to L1910, Garage - Motorized Equipment Replacement, and $200,000 to L1911, Garage - Off Cycle Replacements for conversion to new project accounting software. This project will be closed.(2,311,446) Garage - Motorized Equipment Replacement - NEW PROJECT 21 L1910 2,111,446 To establish the project and record a budget transfer in the amount of $2,111,445.66 of Lease Purchase Proceeds from project 366-94241, Motorized Equipment Replacement for conversion to new project accounting software. 2,111,446 23 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 Garage - Off Cycle Equipment Replacement - NEW PROJECT 22 L1911 200,000 To establish the project and record a budget transfer in the amount of $200,000.00 of Lease Purchase Proceeds from project 366-94241, Motorized Equipment Replacement, for conversion to new project accounting software. 200,000 City-wide Connect Infrastructure 23 355-94729 5,098 To record a budget transfer in the amount of $5,097.81 of Administration Services revenue from project 94878, Asset Management Upgrade.5,098 Asset Management Upgrade - CLOSE PROJECT 24 355-94878 (5,098) To record a budget transfer in the amount of $5,097.81 of Administration Services revenue to project 94729, City- wide Connect Infrastructure, and close this project.(5,098) Gas Meter Change Out - Pinellas 25 323-96367 75,000 To record a budget transfer in the amount of $75,000.00 of Gas revenue from project 323-96379, Pasco Gas Meter Change Out.75,000 Pasco Gas Meter Change Out 26 323-96379 (75,000) To record a budget transfer in the amount of $75,000.00 of Gas revenue to project 323-96367, Gas Meter Change Out - Pinellas.(75,000) Gas Vehicle Additions 27 323-96390 (161,706) To record a budget decrease in the amount of $161,705.95 of Lease Purchase Proceeds to bring the budget in line with actual activity.(161,706) Gas Equipment Additions 28 323-96392 (1,722) To record a budget decrease in the amount of $1,722.40 of Lease Purchase Proceeds. To bring the budget in line with actual activity.(1,722) Sanitary Utility Relocation 29 327-96634 (500,000) To record a budget transfer in the amount of $500,000.00 of Utility R&R revenue to project 327-96665, Sanitary Sewer R&R.(500,000) 24 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2018/19 Sanitary Sewer R&R 30 327-96665 500,000 To record a budget transfer in the amount of $500,000.00 of Utility R&R revenue from project 327-96634, Sanitary Utility Relocation.500,000 RO Plant Expense - Res #1 31 321-96767 16,878 * To record a budget increase in the amount of $16,878.40 of Grant revenue from the Department of Health.16,878 Imagine Clearwater 32 ENGF180013 6,500 * To record a budget increase in the amount of $6,500.00 of reimbursement revenue from the Clearwater Marine Aquarium. This will bring the budget in line with actual receipts.6,500 375,145 - 375,145 Beach Guard Facility Maintenance - CLOSE PROJECT 335-93403 108,239 To record a transfer of unspent Parking revenue in the amount of $108,238.77 to the Beach Guard Towers project, ENGF190002. Miscellaneous Minor Public Art - CLOSE PROJECT 325-93608 112,785 To record a transfer of unspent revenue to the new project,315-A1901,Miscellaneous Public Art.All existing 325 projects will be closed due to conversion to the new accounting software. TOTAL INTERFUND TRANSFERS:221,024 TOTAL BUDGET INCREASE /(DECREASE) INTERFUND TRANSFERS 25 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection 91150 Range Improvements 2,845,426 2,845,426 (2,031) 2,843,395 2,843,395 - C 1 P1802 Police Equipment Replacement 349,698 349,698 349,698 - 169,443 180,256 P1803 Command Bus Refurbishment 200,000 200,000 200,000 - - 200,000 P1901 Lift Station - PD Sub-Station 300,000 300,000 300,000 - - 300,000 PD00180001 Police District 3 Sub Station 200,000 200,000 200,000 41,890 13,553 144,557 Sub-Total 3,895,124 3,895,124 (2,031) 3,893,093 2,885,285 182,996 824,813 Fire Protection 91218 Fire Engine Replacement 2,813,786 2,813,786 11,000 2,824,786 2,474,621 317,047 33,119 2 91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 - 134,230 91229 Replace & Upgrade Airpacks 1,928,350 1,928,350 1,928,350 1,698,658 - 229,692 91236 Rescue Vehicle 200,000 211,000 (11,000) 200,000 - 200,000 - 3 91244 Aerial Truck 1,300,000 1,300,000 1,300,000 1,294,584 - 5,416 91257 AED Program 215,810 215,810 215,810 132,350 6,350 77,110 91259 Radio Replacements 1,519,640 1,519,640 1,519,640 1,519,353 - 287 91260 Thermal Imaging Cameras 219,050 219,050 219,050 115,711 - 103,339 91261 Personal Protection Equipment 1,896,110 1,896,110 1,896,110 1,718,753 - 177,357 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 - 42,634 91263 Extrication Tools 112,000 112,000 112,000 79,043 9,200 23,758 91264 Fire Hose Replacement 405,540 405,540 405,540 301,045 - 104,495 91268 Countryside Fire Station 3,932,566 3,932,566 (223,613) 3,708,953 3,708,953 - - C 4 91269 Clearwater Beach Fire Station 6,372,693 0 0 - - 0 C 91271 Fire Boat 900,000 900,000 900,000 619,808 - 280,192 91272 Old Fire Station 45 Demolition 100,000 100,000 100,000 24,247 - 75,753 91273 Lakeview Fire Station 4,198,460 4,198,460 (4,198,460) - - - - C 5 FD00190001 Fire Station 46 - Beach - 6,372,693 6,372,693 1,698 - 6,370,995 FD00190002 Fire Station 47 Replacement - - 4,839,441 4,839,441 - - 4,839,441 6 G1803 Video Teleconferencing Equipment 373,982 373,982 (30,425) 343,557 - - 343,557 7 Sub-Total 27,778,697 27,789,697 386,943 28,176,640 14,802,670 532,597 12,841,373 Major Street & Sidewalk Maintenance ENRD180001 Druid Road Trail 3,483,646 3,483,646 3,483,646 2,633,229 778,368 72,049 ENRD180002 Bridge Maintenance & Improvements 6,872,527 6,872,527 6,872,527 45,693 38,439 6,788,396 ENRD180003 Traffic Calming 1,585,031 1,585,031 1,585,031 252,174 128,799 1,204,058 ENRD180004 Streets and Sidewalks 10,992,253 10,992,253 10,992,253 4,821,004 3,582,821 2,588,429 ENGF180001 Downtown Streetscaping 6,735,405 6,735,405 6,735,405 121,019 463,615 6,150,771 Sub-Total 29,668,862 29,668,862 - 29,668,862 7,873,118 4,992,042 16,803,702 Intersections ENRD180005 City-Wide Intersection Improvement 2,304,750 2,304,750 2,304,750 733,491 166,900 1,404,359 ENRD180006 Traffic Signal 776,311 776,311 776,311 234,214 6,000 536,098 ENRD180007 Traffic Safety Infrastructure 1,064,265 1,064,265 1,064,265 198,139 59,313 806,813 Sub-Total 4,145,326 4,145,326 - 4,145,326 1,165,844 232,213 2,747,270 Parking ENPK180001 Parking Lot Resurfacing 908,476 908,476 908,476 31,609 - 876,867 ENPK180002 Parking Lot Improvement 1,028,802 1,028,802 1,028,802 26,920 - 1,001,882 ENPK180003 Parking Facilities 1,007,348 1,007,348 1,007,348 94,908 50,017 862,423 Sub-Total 2,944,626 2,944,626 - 2,944,626 153,437 50,017 2,741,172 Miscellaneous Engineering ENGF180002 Downtown Intermodal 924,756 924,756 924,756 - - 924,756 ENGF180003 Miscellaneous Engineering 239,146 239,146 239,146 12,732 - 226,415 92842 U.S. 19 Wayfinding Project 1,450,000 1,450,000 1,450,000 172,059 3,760 1,274,181 ENGF180004 Survey Equipment Replacement 14,288 14,288 14,288 - - 14,288 92845 Clearwater Beach Transit Center 260,074 260,074 260,074 260,074 - 0 C Sub-Total 2,888,264 2,888,264 - 2,888,264 444,864 3,760 2,439,640 Land Acquisition 93133 Park Land Acquisition 1,331,351 1,331,351 1,331,351 1,331,119 - 232 Sub-Total 1,331,351 1,331,351 - 1,331,351 1,331,119 - 232 26 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93203 Carpenter Field-Infras Rep/Improve 572,817 572,817 572,817 518,322 - 54,495 93205 Brighthouse Field Infrastructure Imp 3,182,272 3,182,272 3,182,272 2,826,139 131,374 224,759 93247 Fitness Equipment Replacement 425,000 425,000 425,000 350,507 - 74,493 93251 Morningside Rec Ctr Replacement 7,165,000 7,165,000 7,165,000 6,832,417 247,797 84,786 93263 Public Art Maintenance 1,498 1,498 1,498 1,173 - 325 93271 Swimming Pool R&R 1,111,876 1,111,876 1,111,876 895,758 8,876 207,241 93272 Bicycle Paths-Bridges 5,858,833 5,858,833 5,858,833 3,698,116 49,916 2,110,801 93278 Long Center Infra Repairs 2,058,283 2,058,283 2,058,283 1,737,023 5,507 315,753 93286 Parking Lot/Bike Path Rsr/Imprv 853,506 853,506 853,506 644,183 12,296 197,026 93602 Sp Events Equip Rep & Rplcmnt 330,000 330,000 330,000 297,214 - 32,786 93604 Brdwlks & Docks Rep & Rplcmnt 545,000 545,000 545,000 466,302 38,610 40,089 93608 Miscellaneous Minor Public Art 295,543 295,543 1,124 296,667 296,666 - 0 C 8 A1901 Miscellaneous Minor Public Art - - 112,785 112,785 3,000 109,785 9 93612 McMullen Tennis Complex 800,000 878,103 878,103 354,850 515,437 7,816 93618 Miscellaneous Park & Rec Contract 285,000 285,000 285,000 264,053 7,717 13,230 93620 Sports Field Lighting 415,000 415,000 415,000 109,267 - 305,733 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 224,726 792 223,934 93633 Pier 60 Park & Bchwlk Repair and Improv 939,377 939,377 939,377 735,818 4,344 199,215 93634 Concrete Sidewalk & Pad Repair 308,176 308,176 308,176 254,466 - 53,710 93635 Park Amenity Purch & Rplcmnt 822,800 822,800 822,800 645,350 6,000 171,450 93636 Tennis Court Resurfacing 705,310 705,310 705,310 291,484 38,125 375,701 93637 Playground & Fitness Purch & Rplc 862,079 862,079 862,079 611,573 37,854 212,652 93638 Fencing Replacement Program 659,664 659,664 659,664 543,658 - 116,006 93639 Marina Dist Boardwalk & Entry Node 831,510 751,930 751,930 750,248 1,682 (0) C 93642 Phillip-Jones Restroom/Concession 507,944 507,944 507,944 157,984 10,558 339,402 93646 Rest Rm Expan-Barefoot Bch House 401,000 480,580 480,580 284,720 4,541 191,319 93648 Moccasin Lake Park Master Plan 958,249 958,249 958,249 938,363 11,324 8,562 93650 Crest Lake Park Improvement 7,500,000 7,500,000 7,500,000 1,080,602 - 6,419,398 93652 Countryside Plex Restroom/Concession 2,950,000 2,950,000 1,149,500 4,099,500 585,327 127,540 3,386,633 10 93653 Countryside Community Park Reno 100,000 25,218 25,218 25,218 - - C 93654 Recreation Centers Infrastructure Repairs 400,000 400,000 400,000 23,351 - 376,649 93655 J.D. Sports Complex Multipurpose Fields 1,845,924 1,778,503 1,778,503 1,778,503 - - C 93661 Frank Tack Parking Lot 399,500 399,500 (399,500) - - - - 11 93665 Youth Sports Field Renovations 70,297 70,297 70,297 49,162 21,135 (0) 93666 Woodgate Park Renovations 450,000 450,000 (450,000) - - - - C 12 93667 Del Oro Park Renovations 450,000 450,000 450,000 - - 450,000 93668 Showmaster Portable Stage 200,000 200,000 200,000 - 142,743 57,257 93669 North East Coachman Park Renovations 300,000 300,000 (300,000) - - - - C 13 93670 Articulating Boom Lift 62,000 62,000 (10,550) 51,450 51,450 - - C 14 93672 Clearwater Beach Infrast Repairs & Improve 300,000 338,060 338,060 282,090 - 55,971 93673 Jack Russell Stadium Improvements 989,066 989,066 989,066 919,209 53,325 16,532 C1902 Long Center Parking Improvements 550,000 550,000 550,000 - - 550,000 C1903 Phillies Entrance Sign 150,000 150,000 150,000 - - 150,000 C1904 Ruth Eckerd Hall 2,500,000 8,000,000 8,000,000 6,500,000 - 1,500,000 L1901 P&R Vehicle and Equipment Additions 146,110 146,110 146,110 125,584 19,933 593 M1901 Countryside Sports Complex Renovation 50,000 50,000 50,000 - - 50,000 PRAF180001 Eddie C. Moore Softball Complex Reno 790,000 790,000 790,000 635,396 33,521 121,083 Sub-Total 51,323,360 56,797,320 103,359 56,900,678 36,562,335 1,533,156 18,805,187 Marine Facilities 93403 Beach Guard Facility Maintenance 348,292 240,053 108,239 348,292 348,292 - 0 C 15 ENGF190002 Beach Guard Tower - 108,239 108,239 190 - 108,049 93410 Clwr Harbor Marina Maintenance 220,000 220,000 220,000 137,642 - 82,358 ENGF180006 City-wide Docks and Seawall 1,786,739 1,786,739 1,786,739 953,634 16,969 816,136 93415 Waterway Maintenance 410,000 410,000 410,000 272,529 - 137,471 93418 Utilities Services Replacement 377,714 377,714 377,714 170,456 2,930 204,328 93419 Dock Replacement & Repair 166,727 111,607 111,607 111,606 - 0 C 93420 Fuel System R & R 122,752 122,752 122,752 94,775 - 27,977 93421 Marine Facilities Dredging & Maint 158,715 73,865 73,865 73,865 - (0) C 93422 Dredging of City Waterways 946,204 946,204 946,204 483,487 - 462,717 ENGF180014 Seminole Boat Launch Improvements 6,752,000 6,752,000 6,752,000 5,273 2,746,469 4,000,258 93499 Pier 60/Sailing Center Maintenance 421,952 421,952 421,952 278,612 - 143,340 27 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Marine Facilities (continued) C1905 Beach Marina Upgrade 300,000 300,000 300,000 - - 300,000 C1906 Clearwater Harbor Marina Repl & Upgrade 106,000 106,000 106,000 - - 106,000 M1902 Marine Facility Maintenance Dock R&R 75,000 214,970 214,970 22,955 8,679 183,336 Sub-Total 12,192,095 12,192,095 108,239 12,300,333 2,953,317 2,775,046 6,571,969 Airpark 94817 Airpark Maintenance & Repair 219,000 219,000 219,000 180,008 - 38,992 94886 Clearwater Airpark Masterplan Update 110,000 110,000 110,000 99,393 9,933 675 94894 Ground Support Equipment Upgrade 100,000 100,000 100,000 54,560 - 45,440 G1901 Replace Hangar C 1,200,000 1,200,000 1,200,000 - - 1,200,000 Sub-Total 1,629,000 1,629,000 - 1,629,000 333,961 9,933 1,285,107 Libraries 93527 Books & Other Lib Mat - II 7,796,601 7,796,601 (100,000) 7,696,601 7,575,176 - 121,425 16 93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 5,295,731 - 954,269 93532 Library Maker Space Maint. & Upgrade 174,480 174,480 50,000 224,480 108,215 - 116,265 17 93533 Main Library Upgrade - Alt. Usage 298,850 298,850 298,850 298,850 - - C 93534 Library FF&E Repair & Replace 225,000 225,000 50,000 275,000 100,900 3,963 170,137 18 93535 Countryside Library Demolition 75,000 75,000 75,000 - - 75,000 Sub-Total 14,819,931 14,819,931 - 14,819,931 13,378,872 3,963 1,437,096 Garage 94233 Motorized Equip-Cash II 1,796,856 1,796,856 1,796,856 1,750,918 5,704 40,234 94238 Police Vehicles 3,301,001 3,301,001 (81,315) 3,219,686 2,902,027 - 317,659 19 94241 Motorized Equipment Replace - L/P 41,120,392 41,120,392 (2,311,446) 38,808,946 35,675,132 2,896,186 237,629 C 20 94244 Misc Vehicle Additions- Gen Serv 56,237 56,237 56,237 56,237 - - C 94246 Fleet Management & Mapping 320,000 710,000 710,000 - 675,000 35,000 94627 Misc Budgetary Vehicle Addition 125,799 125,799 125,799 124,950 - 849 C1901 Beach Radio Tower 852,370 852,370 852,370 - - 852,370 GSFL180001 Fleet Facility R&R 94,520 94,520 94,520 - - 94,520 GSFL180002 P25 Radio Equipment & Infrastructure 400,000 400,000 400,000 56,896 - 343,104 L1910 Motorized Equipment Replacement - - 2,111,446 2,111,446 - - 2,111,446 21 L1911 Off Cycle Equipment Replacement - - 200,000 200,000 - - 200,000 22 Sub-Total 48,067,175 48,457,175 (81,315) 48,375,860 40,566,159 3,576,890 4,232,811 Maintenance of Buildings C1907 City Hall Hardening 100,000 100,000 100,000 - - 100,000 C1909 City Hall Move - 383,085 383,085 277,301 8,775 97,009 ENGF180012 Public Works Complex 1,615,664 1,615,664 1,615,664 1,926 - 1,613,738 GSBM180001 Air Cond Replace-City Wide 704,436 704,436 704,436 234,033 8,617 461,786 GSBM180002 Flooring for Facilities 777,837 777,837 777,837 188,905 333,695 255,237 GSBM180003 Roof Repair and Replacement 1,345,409 1,345,409 1,345,409 403,221 432,920 509,268 GSBM180004 Painting of Facilities 592,923 592,923 592,923 54,292 - 538,631 GSBM180005 Fencing of Facilities 143,170 143,170 143,170 68,756 - 74,414 GSBM180006 Light Replacement & Repair 278,197 278,197 278,197 60,039 - 218,158 GSBM180007 Elevator Refurbish/Modernization 560,576 560,576 560,576 - - 560,576 GSBM180008 Building Systems 1,018,377 1,018,377 1,018,377 278,267 25,338 714,772 GSBM180009 New A/C Chiller System 2,900,000 2,900,000 2,900,000 387,244 1,305,224 1,207,532 GSBM180010 General Services R&R 250,000 250,000 250,000 135,852 - 114,148 GSBM180011 Generator Maintenance 450,000 450,000 450,000 - - 450,000 GSBM180012 General Facility Building Major Renovations 1,335,242 1,335,242 1,335,242 106,562 - 1,228,680 L1902 B&M Vehicle & Equipment 65,000 65,000 65,000 - - 65,000 Sub-Total 12,136,831 12,519,916 - 12,519,916 2,196,397 2,114,569 8,208,950 Miscellaneous 94729 City-wide Connect Infra 3,717,991 3,717,991 5,098 3,723,089 3,180,880 - 542,209 23 94736 Geographic Information Sys 1,189,240 1,189,240 1,189,240 996,451 - 192,789 ENGF180010 Pollutant Storage Tank 359,408 359,408 359,408 19,459 3,540 336,410 ENGF180011 Environmental Assmt & Clean-up 463,636 463,636 463,636 20,639 9,691 433,306 94814 Network Infra & Server Upgrade 4,385,057 3,470,819 3,470,819 3,456,785 14,034 0 C L1908 Network Infra & Server R&R - 843,191 843,191 128,978 3,477 710,736 M1912 Network Infra & Server Upgrade - 71,048 71,048 - - 71,048 94824 IT Disaster Recovery 580,000 354,604 354,604 354,604 - - C 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous - continued L1907 IT Disaster Recovery - 165,396 165,396 - - 165,396 M1911 IT Disaster Recovery - 60,000 60,000 - - 60,000 94827 Telecommunications Upgrade 604,000 334,953 334,953 334,953 - - C L1906 Telecommunications Upgrade - 269,047 269,047 - - 269,047 94828 Financial Systems Upgrades 3,933,165 3,933,165 3,933,165 2,116,677 177,692 1,638,797 94829 CIS Upgrades / Replacement 1,047,376 1,047,376 1,047,376 428,583 - 618,793 94830 MS Licensing / Upgrades 1,025,000 1,025,000 1,025,000 842,601 16,201 166,198 94833 Computer Monitors 399,828 399,828 399,828 385,431 2,742 11,655 94850 Backfile Conversion of Records 500,000 500,000 500,000 187,660 - 312,340 94857 Accela Permitting & Code Enforce 250,000 250,000 250,000 90,906 - 159,094 94861 Library Technology 1,350,000 1,350,000 1,350,000 1,171,793 - 178,207 94873 Citywide Camera System 260,000 260,000 260,000 118,298 - 141,702 94874 City Enterprise Timekeeping System 285,000 285,000 285,000 182,082 5,620 97,298 94878 Asset Management Upgrade 31,420 31,420 (5,098) 26,322 26,322 - 0 C 24 94880 Granicus Agenda Management Sys 135,000 135,000 135,000 41,136 - 93,864 94883 Business Process Review & Improve 600,000 600,000 600,000 196,087 369 403,544 94888 City EOC & Disaster Recovery Facility 3,360,000 3,360,000 3,360,000 440,442 1,609,858 1,309,700 94890 Enterprise Advanced Audio Video R&R 1,063,000 1,063,000 1,063,000 454,141 - 608,859 94892 Imagine Clearwater Implementation 4,865 4,865 4,865 4,865 - - C ENGF180013 Imagine Clearwater 6,516,829 6,516,829 6,500 6,523,329 1,397,237 1,609,102 3,516,990 32 94894 Ground Support Equipment Upgrade 100,000 100,000 100,000 54,560 - 45,440 Sub-Total 32,160,815 32,160,815 6,500 32,167,315 16,631,569 3,452,325 12,083,421 UTILITIES Stormwater Utility ENST180001 Stormwater System Impovements 8,181,794 8,181,794 8,181,794 1,556,534 320,521 6,304,739 ENST180002 Allen's Creek Improvement 2,016,271 2,816,271 2,816,271 (37,373) 2,032,727 820,917 ENST180003 Stormwater System Expansion 1,615,576 1,615,576 1,615,576 - - 1,615,576 ENST180004 Stevenson Creek 3,182,636 3,182,636 3,182,636 1,900 65,000 3,115,736 ENST180005 Coastal Basin 3,234,985 3,234,985 3,234,985 449,592 470,135 2,315,259 ENST180006 Alligator Creek Watershed Projects 5,140,082 4,340,082 4,340,082 284,416 137,189 3,918,477 ENST180007 Street Sweeping Facility 1,823,765 1,823,765 1,823,765 1,704,462 - 119,303 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 4,096,167 494,385 3,282,468 319,315 ENST180009 East Gateway Improvements 3,503,121 3,503,121 3,503,121 2,406,654 604,583 491,884 ENST180010 Lower Sp Branch Convey Improvement 2,320,000 2,320,000 2,320,000 131,742 177,302 2,010,956 C1908 Stormwater Vehicles & Equipment 1,375,500 1,375,500 1,375,500 1,164,456 79,648 131,396 Sub-Total 36,489,897 36,489,897 - 36,489,897 8,156,768 7,169,572 21,163,557 Water System 96721 System R & R - Maintenance 5,524,536 3,205,685 3,205,685 2,417,736 - 787,950 96722 Line Relocation - Maintenance 4,767,305 4,767,305 4,767,305 1,399,717 521,543 2,846,045 96739 Reclaimed Water Dist Sys 46,686,453 46,686,453 46,686,453 45,991,254 160,466 534,733 96740 Water Supply/Treatment 2,626,926 2,626,926 2,626,926 2,626,926 - 0 96741 System R & R-Capitalized 8,788,154 8,788,154 8,788,154 8,788,154 - (0) 96742 Line Relocation-Capitalized 7,998,570 7,998,570 7,998,570 6,398,167 534,627 1,065,776 96743 Mtr Bkflow Prev Dev/Change Out 2,834,600 2,834,600 2,834,600 2,834,600 - (0) 96744 System Expansion 2,965,673 2,965,673 2,965,673 2,903,649 - 62,024 96752 Water Service Lines 1,233,436 1,233,436 1,233,436 1,233,436 - (0) 96764 RO Plant Exp Res #1 13,507,530 13,524,408 13,524,408 12,610,422 157,719 756,267 M1908 RO Plant Exp Res #1 R&R - 1,000,000 1,000,000 - - 1,000,000 96767 RO Plant at Res #2 43,076,061 43,076,061 16,878 43,092,939 40,983,735 135,292 1,973,913 31 M1909 RO Plant at Res #2 R&R - 1,000,000 1,000,000 - - 1,000,000 96768 Rebate Well, Lk, Pnd Irr Abandmt 114,608 114,608 114,608 - - 114,608 96773 Groundwater Replenishment Facility 20,900,118 20,900,118 20,900,118 5,901,237 94,794 14,904,087 96782 Reverse Osmosis Plant @WTP #3 1,380,000 1,380,000 1,380,000 218,585 - 1,161,415 96783 Water System Upgrades/Improvements 3,349,000 3,349,000 3,349,000 944,837 21,485 2,382,679 96784 Reclaimed Water Distribution System R&R 2,094,584 2,094,584 2,094,584 392,670 - 1,701,914 96785 Feasibility Studies/Evaluations - Water System2,625,000 2,625,000 2,625,000 238,580 2,093,923 292,497 96786 Devices/Equipments - Water System 350,000 350,000 350,000 - - 350,000 L1905 Vehicle & Equipment 146,000 146,000 146,000 125,212 - 20,788 Sub-Total 170,968,554 170,666,581 16,878 170,683,460 136,008,916 3,719,848 30,954,695 29 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Sewer System 96212 Sanitary Sewer Upgrades/Improvements 12,004,552 12,004,552 12,004,552 4,102,155 2,745,162 5,157,235 96213 Marshall Street Upgrades/Improvements 6,744,298 6,744,298 6,744,298 2,028,226 1,932,473 2,783,599 M1905 Marshall Street Plant R&R - 1,200,000 1,200,000 - - 1,200,000 96214 East Plant Upgrades/Improvements 1,500,000 1,500,000 1,500,000 203,469 215,915 1,080,617 M1907 East Plant R&R - 1,200,000 1,200,000 - - 1,200,000 96215 Northeast Plant Upgrades/Improvements 12,794,860 12,794,860 12,794,860 803,024 664,341 11,327,495 M1906 Northeast Plant R&R - 1,200,000 1,200,000 - - 1,200,000 96216 Laboratory Upgrade/Improvements 1,155,079 1,155,079 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,325,192 1,325,192 1,325,192 504,087 34,335 786,770 96218 Feasibility Studies/Evaluations 2,241,642 114,088 114,088 114,088 - 0 96219 Devices/Equipment Sewer Division 446,274 446,274 446,274 300,898 - 145,376 96630 Sanitary Sewer Extension 15,461,998 14,961,998 14,961,998 12,678,192 1,149,483 1,134,323 96634 Sanitary Util Reloc Accmmdtn 6,267,352 5,767,352 (500,000) 5,267,352 4,157,314 278,008 832,031 29 96645 Laboratory Upgrade & R&R 1,803,627 1,803,627 1,803,627 1,783,627 - 20,000 96654 Facilities Upgrade & Improvement 15,155,224 15,155,224 15,155,224 14,068,883 496,095 590,245 96664 WPC R & R 26,992,114 20,392,114 20,392,114 16,371,190 1,740,656 2,280,268 96665 Sanitary Sewer R&R 26,629,685 32,293,824 500,000 32,793,824 19,600,664 12,295,912 897,248 30 96686 Pump Station Replacement 4,707,682 4,707,682 4,707,682 4,344,906 1,591 361,186 L1903 Generators 420,000 420,000 420,000 - - 420,000 L1904 Vehicle and Equipment 240,000 240,000 240,000 66,375 168,932 4,694 M1910 Water Treatment Plant #3 R&R - 318,851 318,851 - - 318,851 Sub-Total 135,889,579 135,745,014 - 135,745,014 81,139,263 21,725,593 32,880,158 Gas System 96358 Environmental Remediation 2,384,794 2,384,794 2,384,794 1,758,923 38,068 587,803 96365 Line Relocation-Pinellas Maint 731,106 731,106 731,106 516,403 71,751 142,952 96367 Gas Meter Change Out-Pinellas 3,638,000 3,638,000 75,000 3,713,000 3,606,862 - 106,138 25 96374 Line Relocation-Pinellas Capitalized 2,882,890 2,382,890 2,382,890 2,293,146 - 89,744 96376 Line Relocation - Pasco Maint 258,593 258,593 258,593 84,756 173,837 96377 Pinellas New Main / Service Lines 31,551,118 31,551,118 31,551,118 30,542,770 - 1,008,349 96378 Pasco New Mains / Service Lines 17,864,858 17,864,858 17,864,858 15,633,364 - 2,231,494 96379 Pasco Gas Meter Change Out 867,821 867,821 (75,000) 792,821 738,618 - 54,203 96381 Line Reloc-Pasco-Capitalized 237,386 737,386 737,386 379,898 8,049 349,439 26 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 856,268 - 135,732 96384 Gas System - Pinellas Building 28,855,055 28,855,055 28,855,055 14,729,715 10,494,469 3,630,871 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,364,287 - 193,558 96386 Expanded Energy Conservation 9,091,479 9,591,479 9,591,479 8,815,817 - 775,662 96387 Natural Gas Vehicle 4,581,069 5,531,069 5,531,069 3,917,478 791,081 822,510 96389 Future IMS Software & Hardware 400,000 400,000 400,000 314,958 12,090 72,952 96390 Gas Vehicle Additions 590,000 590,000 (161,706) 428,294 428,294 - - 27 96391 Gas System Pasco Building 2,100,000 650,000 650,000 - - 650,000 96392 Gas Equipment Additions 191,000 191,000 (1,722) 189,278 189,278 - - 28 M1904 Pinellas Building Equipment R&R 200,000 200,000 200,000 - - 200,000 Sub-Total 108,975,014 108,975,014 (163,428) 108,811,586 86,170,832 11,415,508 11,225,246 Solid Waste 96426 Facility R & R 2,652,608 2,652,608 2,652,608 1,707,670 - 944,938 96443 Res Container Acquisition-II 2,001,741 2,001,741 2,001,741 1,433,402 - 568,339 96444 Comm Container Acquisition-II 4,130,020 4,130,020 4,130,020 3,319,519 42,987 767,514 96445 Solar Trash & Recycling Kiosks 289,414 289,414 289,414 239,182 - 50,232 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 19,650,130 7,504,343 11,220,112 925,675 96448 Solid Waste CNG Station 150,000 150,000 150,000 - - 150,000 96449 Solid Waste Truck Wash Facility 555,500 555,500 555,500 - - 555,500 Sub-Total 29,429,413 29,429,413 - 29,429,413 14,204,117 11,263,099 3,962,197 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 858,828 858,828 858,828 738,818 - 120,009 96526 Public Utility Admin Building 184,306 184,306 184,306 - - 184,306 Sub-Total 1,043,134 1,043,134 - 1,043,134 738,818 - 304,315 30 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/18 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Recycling 96804 Recycling Carts/Dumpsters 1,216,650 1,216,650 1,216,650 804,418 - 412,232 96805 Recycling Expansion/Particip/R&R 1,311,525 1,311,525 1,311,525 1,184,376 - 127,149 96811 Purchase of Transfer Tractors 408,000 408,000 408,000 395,983 - 12,017 SR00180003 Processing Center Building Replacement 3,862,633 3,862,633 3,862,633 2,957 - 3,859,676 Sub-Total 6,798,808 6,798,808 - 6,798,808 2,387,734 - 4,411,074 TOTAL ALL PROJECTS 734,575,853 740,387,362 375,145 740,762,506 470,085,395 74,753,128 195,923,983 31 Special Program Fund Mid Year Budget Amendments October 1, 2018 - March 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program - NEW PROGRAM 1 M1913 255,553 To establish the program and record a budget increase of $255,553.20 representing revenues received to date.This new program is being established to account for both revenues and expenditures related to the new lien foreclosure program.255,553 General Government Totals:255,553 - 255,553 Public Safety Programs Foreclosure Registry - Nuisance Abatement 2 98609 17,000 To record a budget increase of $17,000 which represents foreclosure registry fees collected to date. 17,000 Hurricane Irma 3 98610 129,764 To record a budget increase of $129,764.08 in Federal and State Irma reimbursements to bring the budget in line with actual receipts.129,764 Police Extra Duty 4 99215 417,143 (34,340) To record a budget increase of $417,143.25 in Police Service revenue to bring the budget in line with actual receipts. To record a transfer of $34,340.00 in Police Service revenue to program 99350,Vehicle Replacement representing revenue collected for vehicle usage on extra duty jobs. 382,803 Police Education Fund 5 99317 10,005 To record a budget increase of $10,005.18 in police education fine revenue which will bring the budget in line with actual receipts.10,005 Investigative Cost Recovery 6 99329 38,061 To record a net budget increase of $38,061.28 which will bring the budget in line with actual receipts.Amendments include an increase of $6,435.27 in overtime reimbursement revenues,and an increase of $31,626.01 in fines,forfeitures and penalties revenue.38,061 Florida Contraband Forfeiture Fund 7 99330 25,416 To record a budget increase of $25,416.25 fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts.25,416 Vehicle Replacement 8 99350 34,340 To record a transfer of $34,340.00 in police services revenue from 99215,Police Extra Duty.This represents revenue collected for vehicle usage on extra duty jobs. 34,340 32 Special Program Fund Mid Year Budget Amendments October 1, 2018 - March 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Crime Prevention Program 9 99364 1,040 To record a budget increase of $1,040.00 in miscellaneous donation revenues which will bring the budget in line with actual receipts.1,040 Federal Forfeiture Sharing 10 99387 4,241 To record a budget increase of $4,241.23 in fines,forfeiture,and penalties revenue which will bring the budget in line with actual receipts.4,241 Public Safety Program Totals:642,671 - 642,671 Physical Environment Programs Tree Replacement Program 11 99970 1,968 To record a budget increase of $1,968.00 in fines forfeiture and penalty revenue to bring the budget in line with actual receipts.1,968 Physical Environment Programs Program: Totals:1,968 - 1,968 Economic Environment Programs Housing Rehab 2016 - CLOSE PROGRAM 12 99754 (5,450) To record budget transfers of Community Development Block Grant revenues of $5,450.19 to G1902,Public Facilities 2019;and $0.23 to 99762,Program Admin 2017.This program will be closed.(5,450) Public Services 2017 - CLOSE PROGRAM 13 99761 (1,656) To record a budget transfer of $1,656.41 in Community Development Block Grant revenues to 99762,Program Admin 2017. This program will be closed.(1,656) Program Admin 2017 - CLOSE PROGRAM 14 99762 1,657 To record budget transfers of Community Development Block Grant revenues of $0.23 from 99754,Housing Rehab 2016;and $1,656.41 from 99761,Public Services 2017.This program will be closed.1,657 Housing Rehab 2017 - CLOSE PROGRAM 15 99763 (57,608) To record a budget transfers of Community Development Block Grant revenues of $56,689.18 to G1902,Public Facilities 2019, and $918.98 to 99764,Public Facilities 2018.This program will be closed.(57,608) 33 Special Program Fund Mid Year Budget Amendments October 1, 2018 - March 31, 2019 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Environment Programs (continued) Public Facilities 2018 16 99764 919 To record a budget transfer of $918.98 in Community Development Block Grant revenues from 99763,Housing Rehab 2017.919 Public Facilities 2019 17 G1902 62,139 To record budget transfers of $5,450.19 from 99754,Housing Rehab 2016; and $56,689.18 from 99763, Housing Rehab 2017.62,139 Economic Environment Program Totals:- - - Culture and Recreation Programs Clark-Turner Trust (Library) 18 98608 1,057 To record a budget increase of $1,056.72 in donation revenue representing an annual beneficiary distribution.This will bring the budget in line with actual receipts.1,057 Library Special Account 19 99910 13,796 To record a budget increase of $13,795.53 in donation revenue to bring the budget in line with actual receipts.13,796 Clearwater for Youth Grants - NEW PROGRAM 20 G1907 18,000 To establish the project and record a budget increase of $18,000 in grant/donation revenue from Clearwater for Youth as approved by the Council on April 4, 2019.18,000 Special Events - NEW PROGRAM 21 PRSE190001 740,057 To record a budget increase of $740,057.22;representing increases of $16,290.00 in rental income,$5,000.00 in sponsorship revenue,$513,760.02 in sales revenues,and $5,007.20 in reimbursements which will bring the budget in line with actual receipts to date.Amendments also include a transfer of $200,000 from the General Fund representing operating savings in the Parks and Recreation department to provide funding for event production.740,057 Culture and Recreation Program Total:772,909 - 772,909 1,673,102 - 1,673,102 Total Budget Increase/(Decrease): 34 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2018 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 98611 CMA Capital Project Agreement 5,000,000 5,000,000 - 5,000,000 5,000,000 - - C 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 229,379 229,379 - 229,379 156,355 1,154 71,869 M1913 Lien Foreclosure Program - - 255,553 255,553 - - 255,553 1 Sub-Total 7,123,140 7,123,140 255,553 7,378,693 6,751,754 1,154 625,785 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Rgstry-Nuesance Abtmnt 63,600 76,300 17,000 93,300 18,900 24,625 49,775 2 98610 Hurricane Irma 1,286,998 1,382,100 129,764 1,511,864 2,190,950 471,146 (1,150,233) 3 99215 Police Extra Duty 2,417,257 2,741,836 382,803 3,124,639 2,692,407 - 432,232 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 70,954 - 16,046 99264 School Resource Officers 2,833,704 2,736,583 - 2,736,583 2,736,584 - (0) C 99279 Police Recruitments 141,010 141,010 - 141,010 63,780 - 77,230 99281 Fed Forfeitures - Treasury 171,936 194,515 - 194,515 120,171 - 74,345 99316 Police Volunteers 153,519 153,519 - 153,519 138,385 1,000 14,133 99317 Police Education Fund 1,328,750 1,347,751 10,005 1,357,756 1,303,009 - 54,747 5 99329 Investigative Recovery Costs 2,451,206 2,526,879 38,061 2,564,941 2,225,999 - 338,941 6 99330 FL Contraband Forfeiture Fnd 914,586 1,016,634 25,416 1,042,051 657,266 - 384,784 7 99350 Vehicle Replacement Fund 327,865 336,644 34,340 370,984 220,033 - 150,951 8 99356 Safe Neighborhood Program 1,127,580 1,142,580 - 1,142,580 1,060,980 5,447 76,152 99364 Crime Prevention Program 102,341 140,244 1,040 141,284 107,111 - 34,173 9 99387 Federal Forfeiture Sharing 2,427,479 2,469,768 4,241 2,474,009 1,757,089 - 716,920 10 99927 Emergency Operations 4,106,338 4,144,887 - 4,144,887 3,063,815 - 1,081,072 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G1802 2017 JAG Grant 46,977 46,977 - 46,977 46,977 - - G1804 2019 HVE Ped & Bicycle Safety 50,000 50,000 - 50,000 32,288 - 17,712 P1801 School Resource Officers 468,356 565,477 - 565,477 - - 565,477 Sub-Total 20,576,201 21,370,403 642,671 22,013,074 18,547,787 502,218 2,963,069 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Project 1,517,880 1,559,684 1,968 1,561,652 896,071 24,616 640,965 11 Sub-Total 1,517,880 1,559,684 1,968 1,561,652 896,071 24,616 640,965 TRANSPORTATION PROGRAMS 98604 2016 Clearwater Ferry 519,120 519,120 - 519,120 487,596 7,500 24,024 Sub-Total 519,120 519,120 - 519,120 487,596 7,500 24,024 ECONOMIC ENVIRONMENT PROGRAMS 99538 Affordable Housing Imp Fees 441,530 447,612 - 447,612 163,019 3,128 281,466 99729 Joint Hercules Pln & Econ Study 150,000 150,000 - 150,000 - - 150,000 99744 Economic Development Incentives 292,500 292,500 - 292,500 262,500 - 30,000 99754 Housing Rehab 2016 258,701 258,701 (5,450) 253,251 253,251 - - C 12 99759 Public Facilities 2017 377,764 377,764 - 377,764 377,764 - - C 99760 Economic Development 2017 14,802 - - - - - - C 99761 Public Services 2017 100,275 97,442 (1,656) 95,786 95,786 - - C 13 99762 Program Administration 2017 135,036 135,036 1,657 136,693 136,693 - 0 C 14 99763 Housing Rehab 2017 322,997 190,302 (57,608) 132,694 132,694 - (0) C 15 99764 Public Facilities 2018 448,000 448,000 919 448,919 248,919 - 200,000 16 99765 Economic Development 2018 130,020 98,602 - 98,602 98,602 - (0) C 99766 Program Administration 2018 131,388 131,388 - 131,388 131,388 - - C 99767 Infill Housing 2018 137,500 74,746 - 74,746 60,899 - 13,847 99768 Public Services 2018 106,725 106,725 - 106,725 93,985 - 12,740 99802 Brownfield Revolving Loan 1,204,720 1,206,597 - 1,206,597 420,381 - 786,216 35 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2018 to March 31, 2019 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2018 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref ECONOMIC ENVIRONMENT PROGRAMS (continued) 99846 Economic Development - QTI 140,419 140,419 - 140,419 71,591 - 68,828 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 99888 ULI Report Implementation 875,000 875,000 - 875,000 769,732 53,243 52,025 G1902 Public Facilities 2019 168,815 270,815 62,139 332,954 4,860 152,720 175,374 17 G1903 Economic Development 2019 135,000 135,000 - 135,000 15,861 39,140 80,000 G1904 Program Administration 2019 186,188 186,188 - 186,188 1,000 - 185,188 G1905 Infill Housing 2019 139,797 282,297 - 282,297 29,407 69,593 183,297 G1906 Public Services 2019 111,140 111,140 - 111,140 66,230 41,782 3,128 Sub-Total 6,173,780 6,181,740 - 6,181,740 3,600,024 359,606 2,222,110 HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 6,524 - 3,476 98606 Senior Citizens Services - EBWP 24,960 24,960 - 24,960 22,696 - 2,264 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,777 - 3,223 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 12,080 12,080 - 12,080 10,123 - 1,957 99869 Health Prevention Program 192,060 195,269 - 195,269 176,019 - 19,251 99872 Coordinated Child Care - Ross Norton 2,718,545 2,718,545 - 2,718,545 1,775,051 11,233 932,261 Sub-Total 3,001,645 3,004,854 - 3,004,854 2,028,789 11,233 964,832 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)105,020 105,020 1,057 106,077 - - 106,077 18 99865 Special Events 9,296,350 9,344,182 - 9,344,182 - - 9,344,182 99910 Library Special Account 830,311 843,113 13,796 856,908 815,184 225 41,499 19 G1907 Clearwater for Youth Grants - - 18,000 18,000 - - 18,000 20 PRSE190001 Special Events 70,000 488,019 740,057 1,228,076 813,251 - 414,825 21 Sub-Total 10,301,681 10,780,334 772,909 11,553,243 1,628,435 225 9,924,583 TOTAL ALL PROJECTS 49,213,447 50,539,275 1,673,102 52,212,377 33,940,457 906,552 17,365,368 36 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2018/19 Increase/ (Decrease)Description Revenues No amendments are proposed to Special Development Fund revenues at mid year. -$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at mid year. -$ Net Expenditure Amendments 37 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2018 - March 31, 2019 Third Quarter: October 1, 2018 - June 30, 2019 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2018/19 2018/19 2018/19 Amendments Revenues: Ad Valorem Taxes 3,044,520 3,044,520 3,044,520 - Infrastructure Tax 11,820,680 11,820,680 11,820,680 - Interest Earnings 537,000 537,000 537,000 - Open Space Fees 20,000 20,000 20,000 - Recreation Facility Impact Fees 25,000 25,000 25,000 - Recreation Land Impact Fees 25,000 25,000 25,000 - Multi-Modal Impact Fees 200,000 200,000 200,000 - Local Option Gas Tax 1,540,550 1,540,550 1,540,550 - Allocation of Assigned Fund Balance - 35,900 35,900 - Transfer-In from Capital Improvement Plan - 900,000 900,000 - 17,212,750 18,148,650 18,148,650 - Expenditures: Transfer to Capital Improvement Fund Road Millage 3,044,520 3,044,520 3,044,520 - Infrastructure Tax 11,463,460 11,463,460 11,463,460 - Recreation Facility Land Fees - 35,900 35,900 - Multi-Modal Impact fees 140,000 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 - 16,075,130 16,111,030 16,111,030 - SPECIAL DEVELOPMENT FUND 38 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2018 - March 31, 2019 Third Quarter: October 1, 2018 - June 30, 2019 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2018/19 2018/19 2018/19 Amendments Revenues: CDBG/Home Funds 740,940 740,940 740,940 - Interest Earnings 25,000 54,467 54,467 - Intergovernmental Revenue - 187,729 323,928 136,199 Charges for Service Revenue - 426,299 881,733 455,433 Judgments, Fines and Forfeit Revenue - 240,658 569,468 328,810 Miscellaneous Revenue - 209,585 762,245 552,659 Transfers from Special Program Fund - 232,090 232,090 - Transfers from General Fund:- - - - Sister City Program 37,380 37,380 37,380 - United Way Campaign Fund 1,500 1,500 1,500 - Special Events 70,000 70,000 270,000 200,000 Economic Development QTI 18,230 18,230 18,230 - Police Recruitments 30,000 30,000 30,000 - 923,050 2,248,878 3,921,980 1,673,102 Expenditures: General Government 37,380 37,380 292,933 255,553 Public Safety 30,000 824,202 1,466,873 642,671 Physical Environment - 41,804 43,772 1,968 Transportation - - - - Economic Environment 422,980 430,939 430,939 - Human Services 1,500 4,709 4,709 - Culture and Recreation 40,000 518,653 1,291,563 772,909 Interfund Transfers 236,190 236,190 236,190 - Transfer to Capital Fund 130,000 130,000 130,000 - 898,050 2,223,878 3,896,980 1,673,102 SPECIAL PROGRAM FUND SPECIAL PROGRAM FUND 39 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2018 - March 31, 2019 Third Quarter: October 1, 2018 - June 30, 2019 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2018/19 2018/19 2018/19 Amendments Revenues: HOME Investment Partnerships 383,150 383,150 383,150 - State Housing Initiatives Partnerships 156,790 156,790 156,790 - Total - HOME/SHIP Funds 539,940 539,940 539,940 - Expenditures: Economic Environment 380,950 380,950 380,950 Interfund Transfers 158,990 158,990 158,990 Total - HOME/SHIP Programs 539,940 539,940 539,940 - LOCAL HOUSING ASSISTANCE TRUST FUND 40 ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2018/19 41 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 03/05/19 Administrative Change Order #1 & Final – NE WRF Effluent Sand Filter Repairs (18-0019-UT). This change order decreases and increases items in accordance with field conditions resulting in a net decrease to the contract. Wharton-Smith Inc. (19,254.65) 04/01/19 Administrative Change Order #3 – East Gateway Stormwater & Sanitary Sewer (14-0051-EN). This change order decreases, increases, and adds items in accordance with field conditions resulting in a net zero change to the contract. David Nelson Construction Co. 0 04/24/19 Administrative Change Order #1 & Final – Clearwater Memorial Causeway Subaqueous Pipelines (14-0041-UT). This change order increases and adds for a forcemain bypass due to unknown location of an existing gas main and encountering an 18” forcemain versus the 16” forcemain and adds 59 calendar days to the contract resulting in a net increase to the contract. Andrew Sitework LLC. 289,870.96 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9297-19 2nd rdg Agenda Date: 7/18/2019 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 9297-19 on second reading, amending Clearwater Code of Ordinances Section 2.453, Miscellaneous Provisions, adding subsection (g), Missing Benefit Recipients relating to the Clearwater Firefighters’ Supplemental Pension and Retirement Plan. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/17/2019 Ordinance No. 9297-19 ORDINANCE NO. 9297-19 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE CITY OF CLEARWATER FIREFIGHTERS SUPPLEMENTAL TRUST FUND;AMENDING THE CLEARWATER CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE V, DIVISION 4, FIREFIGHTERS PENSION PLANS, SUBDIVISION III, SUPPLEMENTARY PENSION AND RETIREMENT PLAN; AMENDING SECTION 2.453, MISCELLANEOUS PROVISIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City’s outside pension counsel has determined that a recent IRS Programs Compliance Memorandum requires the Clearwater FirefightersSupplementary Pension and Retirement Plan to have an approved method of locating terminated individuals who are due benefits from the plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1: Section 2.453, Clearwater Code of Ordinances is hereby amended to read as follows: Sec. 2.453. - Miscellaneous provisions. * * * (g)Missing benefit recipients. The system shall follow the procedures outlined in the IRS Employee Plans Compliance Resolution System (EPCRS) Program and other applicable IRS guidance to locate any missing individuals to whom a full unreduced benefit payment is due and if, at the conclusion of such efforts, the individual cannot be located, the existing procedure of cancelling payments otherwise due (provided that, if the individual is later located, the benefits due shall be paid) will apply. Section 2: This Ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________READING AND ADOPTED ___________________________George N. CretekosMayor Approved as to form: Attest: ______________________________________________________Matthew Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#19-6470 Agenda Date: 7/18/2019 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve supplemental one work order to Stantec for design and construction administration for Phase I of Imagine Clearwater (17-0031-EN) in the amount of $5,644,322 and authorize the appropriate officials to execute same. SUMMARY: City Council approved the Imagine Clearwater master plan followed by the February 1, 2018, approval of the initial Stantec work order for master plan validation for $834,238. The next step is to move forward with the schematic and construction document phases of the design. This supplemental work order will provide design and engineering services during construction for phase I of the Imagine Clearwater project. Phase I has been expanded to include the Civic Gateway, the Green with the amphitheater and lawn area, along with the Lake, Bluff Walk South, and library improvements. The remaining areas of the Bluff Walk North and Coachman Gardens will be designed in Phase 2 under an additional supplemental work order. APPROPRIATION CODE AND AMOUNT: ENGF180013-DSGN-PROSVC $5,644,322 A third quarter budget amendment will provide a budget, only, increase of $4,000,000 in capital improvement project ENGF180013, Imagine Clearwater. This will provide advanced budget authority for Fiscal Year 2019/20 contribution of Penny for Pinellas funding. Funds are available in capital improvement project ENGF180013, Imagine Clearwater, in the amount of $1,644,322 to fund supplemental 1 work order. Page 1 City of Clearwater Printed on 7/17/2019 Imagine Clearwater Design and Construction Support Services 1 of 49 7/12/2019 Stantec Stantec Consulting Services Inc. SUPPLEMENT 1 WORK ORDER for the CITY OF CLEARWATER Date: July 10, 2019 Consultant Project Number: 215614389 City Project Number: 17-0031-EN City Plan Set Number: 2017026 1.PROJECT TITLE: Imagine Clearwater Construction Plans - Design and Construction Consulting Services 2.SCOPE OF SERVICES: I.Stantec Consulting Services Inc. (Stantec), the Design Professional, is pleased to submit this proposal outlining the Scope of Services and associated Fees for Professional Services for the subject project to the City of Clearwater (Client/CITY). This current proposal specifies the Scope of Services that clearly can be defined with emphasis on specific tasks of improvements identified within the Imagine Clearwater Master Plan Validation (ICMPV) as discussed with Client staff. It is anticipated that additional tasks will be added to this contract by amendment as required to deliver various components of these improvements in a phased project delivery approach. II.CITY has proposed to deliver this project through a Construction Manager at Risk (CM). It is assumed that the CM will be under contract, for pre-construction services, no later than end of the Schematic Design Phase of the project. III.The basis of this proposal is the Master Plan as validated through Purchase Order ST114805 to improve the downtown waterfront. The CITY approved Validated Master Plan (VMP) and anticipated phasing of the improvements are attached to this scope for reference. It is assumed construction limits of project phases will be more clearly defined, as coordinated with the CM, during the Design Development phase of the project. IV.The proposed scope of services is based on delivery of the project in one continuous sequence. Should it become necessary to phase the delivery of the design, Stantec will review impact to the scope and budget of the project with CITY to address changes. V.The purpose of the phasing of the project is to allow for sequencing construction of some elements of the project while some existing elements, such as existing bandshell and marina Imagine Clearwater Design and Construction Support Services 2 of 49 7/12/2019 Stantec facility, may still function. However, it is anticipated that project phases will be delivered continuously. VI. Should CM propose different construction phasing for the project or require more than two (2) bid packages and/or early packages, Stantec will re-evaluate the scope of services proposed here for any required changes. VII. As part of the validating the master plan bandshell design options were developed and reviewed with the CITY. CITY selected to proceed with an amphitheater designed with 4,000 covered seating and 12,000 lawn audience seating. The bandshell back of the house will include facilities to support the performances as well as talent. A VIP area is proposed in addition to an attached public rest room facility as well as a possible concession facility. VIII. This scope of services includes project management, planning, architecture, landscape architecture, engineering, design, permitting and other professional services necessary to implement the specific project requirements. The proposed components/zones of the project are as follows: A. Civic Gateway Area to include restroom, storage, upper plaza, shade structures, fountain/water features, Cleveland Street modifications, drop off area, grand stairs, lower plaza and associate hardscaping, landscaping & infrastructures. B. The Green- Amphitheater/Lawn Area to include great lawn, amphitheater with attached rest room & concession facilities, amphitheater service & access areas, rest room & marina services building surrounding pedestrian circulation areas and associate hardscaping, landscaping & infrastructures. C. The Lake Area to include surface parking lots, Pierce Street modifications, lake, piers, trails, board walks and associate hardscaping, landscaping & infrastructures. D. Bluff Walk South to include the bluff walk, pedestrian bridge over Cleveland Street, pedestrian connection to the lower areas of the south bluff area and associate hardscaping, landscaping & infrastructures. E. Bluff Walk North to include the bluff walk, art wall, connection to the library and associate hardscaping, landscaping & infrastructures. F. Coachman Garden to include the interactive fountain, playgrounds, community garden, boardwalks, rest room facility and associate hardscaping, landscaping & infrastructures. Project phases are per enclosed Attachment “D” of the Validated Master Plan. Items A, B, C & D are proposed as Phase 1 of the project. Items E & F are proposed as Phase 2 of the project. Should CITY decide to design the Amphitheater/Bandshell or any other components of the proposed project in multiple phases, Stantec will re-evaluate the scope of services proposed here for any required changes. The major Milestones of this proposed scope are: • Schematic Design (SD) – 30% Level Design • Design Development (DD) – 60% Level Design • Construction Documents (CD) – 90% & 100% Level Design • Permitting of Imagine Clearwater (IC) Components • Construction Administration (CA) / Construction Support Services (CSS) Imagine Clearwater Design and Construction Support Services 3 of 49 7/12/2019 Stantec IX. Stantec basis of the fee estimate is 2019 Dollar. Should project extends more than two years beyond the date of this proposal, Stantec will request consideration of re-evaluating the basis of the fee estimating for the remainder of the proposed scope of services. The proposed scope of work of each discipline/section is described in the following paragraphs and followed by each discipline’s task list. SECTION 200 – PROGRAM MANAGEMENT Stantec will provide support services for coordination of this Task Order with other parts of the project, developments and consultants, development of project schedule, project delivery, budget tracking, meetings, etc. as per the following Tasks: Task 205 Project Management Stantec will perform various regular project management related activities to support the Client’s management and administration of the overall project. Under this task, Stantec project manager will work closely with the Client’s team and Stantec Task Managers to facilitate addressing project related issues, cross disciplines coordination, track budget, and maintain the project schedule. Duration for this Task is estimated to be eighteen (18) months. Task 206 Project Meetings Stantec will establish and hold regularly scheduled meetings with the Client and other interested parties and/or stakeholders. Stantec will assist the Client to coordinate project implementation with the City departments, permitting agencies, utility companies, and other stakeholders. Participation of three (3) to four (4) Stantec professional staff, along with applicable sub-consultant professionals, with expertise in various technical disciplines may be required. Attending project related meetings will be provided under this task. Meetings may occur in-person, web-based, tele-conference; etc. as mutually accepted. Stantec staff will attend meetings, prepare and track action item summaries. Duration for this Task is estimated to be eighteen (18) months with estimated up to forty (40) meetings. It is anticipated that the CITY will manage all public information and involvement services. Task 207 Project Coordination Stantec Project Manager will coordinate services of the Stantec design team, subconsultants, QA/QC procedures/implementation, format of deliverables, review submittals, response to comments documentations, tracking of the schedule and CM coordination during the pre-construction phase. Imagine Clearwater Design and Construction Support Services 4 of 49 7/12/2019 Stantec Task 208 City Council / Public Meetings It is anticipated that milestone presentations to the City Council and/or Public may be required. Stantec will lead this effort with assistance from CITY. Purpose of these meetings will be to inform/update the Council and the Public of the project progress. Comments from Council, as directed by the CITY, will be addressed by Stantec. Stantec will attend these meetings and provide graphics and plans as needed. It is assumed up to three (3) Stantec team members will attend up to four (4) public meetings. SECTION 400- CIVIL ENGINEERING SERVICES Stantec will provide professional civil engineering services for the design and preparation of plans and specifications based on the design approved by the CITY, as well as apply for the required site/civil permits. Proposed project will result in reduction of the impervious surface area. As such, it is anticipated that water quality treatment will not be required. Since project directly discharges into the intercoastal water, attenuation of stormwater runoff will not be required. However, CITY intends to improve the water quality. To improve the water quality, most of the stormwater run off from the site will be routed through baffle boxes. Additionally, the south area will be routed through the proposed lake to improve the quality of the discharged water. The proposed site/civil improvements services will be coordinated with the overall project Schematic Design (SD), Design Development (DD), Construction Documents (CD), and Construction Administration (CA). The Engineering Phase services are to be provided in accordance with the following Tasks: Task 410 Civil Engineering Schematic Design Schematic level of services of following scope of work will be performed. Design Stantec shall furnish complete design services for the project site/civil engineering improvements and preparation of the site engineering plan and other pertinent related and detail sheets. Plans are at a scale of one inch equaling twenty feet (1”=20’) full sized, with planimetric background. Plans are produced from a topographical design survey in digitized format. Geometrically accurate site plan, defining all surfaces and intent will be prepared by the design team under tasks of this proposal. The overall intent of the project grading will be developed by the team for CITY’s approval. Stantec will engineer the layout of the site to be used for project layout and provide the required construction details. Any specialty pavement sections, i.e. pavers, will be prepared by the team with Civil Engineer’s input. Stantec will prepare the detailed grading of the site according to the design intent. Structural engineering of the site elements will be provided under other tasks of this proposal as coordinated by the Civil Engineer. Stantec will submit required number of plans sets and digital files in AutoCAD format as required by CITY. Plans Preparation Stantec will prepare full sized sets, twenty-two inches by thirty-four inches (22"x34") boarder with plot, of Construction Plans within the project limits for the final submittal. As part of the overall plan set, at a minimum, the following engineering drawings will be included: site plan, paving, grading and drainage sheets, detail sheets, utility coordination/adjustment Imagine Clearwater Design and Construction Support Services 5 of 49 7/12/2019 Stantec sheets, water, wastewater and reclaimed water relocation plans and services. Half size plan sets, eleven inches by seventeen inches (11"x17"), will be provided for phase submittals. Drainage The existing drainage system shall be evaluated for its conformance to City standards. Improvements such as new structures and adjustments and upgrades of existing structures shall be incorporated into the plans. It is anticipated that the collected and treated stormwater runoff from the site will be discharged into intercoastal water. Proposed project will result in reduction of the impervious surface area. As such, water quality treatment will not be required. Since project directly discharges into the intercoastal water, attenuation of stormwater runoff will not be required. CITY prefers to improve the water quality. To improve the water quality, most of the stormwater run off from the site will be routed through options such as baffle boxes, etc. Additionally, the south area will be routed through the proposed lake to improve the quality of the discharged water. In addition, as coordinated with the project design, treatment methods such as bio-swales swales will be utilized to enhance water quality from the untreated areas. Traffic Engineering On site traffic is primarily modifications of Cleveland Street, Drew Street, parking areas access and circulation as well service and emergency vehicles. Stantec will assist the team in development of the design of the modifications of the streets and parking layout meeting City standards, access drives, circulation drives, service and emergency vehicles access/circulation. Public and Private Utilities Stantec will coordinate the design work with the public and private utility agencies and companies having existing and/or planned facilities within the limits of the project as determined under Utilities Notification. Stantec will provide the utility agencies and companies two (2) sets of plans at the sixty (60%) percent and ninety (90%) percent complete design phases. At the sixty (60%) percent complete design phase, the utility agencies and companies will be instructed to return one (1) set of plans to Stantec showing their utility relocations, adjustments, new facilities designs, and existing utilities to remain. Stantec's utility coordination responsibilities will continue throughout the design process to assist with resolving utility conflicts. Any utility design services for new facilities or the proposed relocation and adjustment of existing electric, gas, and communication facilities will be provided by the utility owners. At the ninety (90%) percent complete design phase a final review/confirmation of any utility impacts will be requested from the utility companies. It should be noted that gas is owned by Clearwater Gas. It is assumed any required design, permitting and delivery of adjustments to the existing gas lines and addition of required services will be provided by Clearwater Gas. Stantec will provide the services required to coordinate this effort. As part of the project plans preparation, Stantec will prepare the Utility Adjustment Plans. It is assumed the design and preparation of the relocation plans for any private utilities will be by the utility owner. Stantec will incorporate the location of the private utilities as part of the utility adjustment plans for information only, assuming the information is provided to Imagine Clearwater Design and Construction Support Services 6 of 49 7/12/2019 Stantec Stantec by the appropriate utility company in sufficient detail and in a timely manner. Stantec will coordinate location of private utilities’ conduits, duct banks, manholes, valves, etc. In addition, Stantec will coordinate location of electrical equipment such as meters, transformers; switch gears, etc. as required for the improvements of the project. Water, Wastewater, and Reclaimed Water Plans Stantec will prepare the plans for water and wastewater services required for servicing the proposed project facilities. Stantec will coordinate this effort with the City Water and Wastewater Departments to establish the required improvements/modifications. Services under this task will also include the coordination of required adjustments/relocation of the existing City owned water, wastewater and reclaimed water facilities. Specifications City’s Standard Specifications, by reference in the plans, will be used for the project. In certain instances, Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction may need to be referenced. Stantec will prepare the special conditions section of the specifications for items deviating from City’s Standards as required by the design. Quantities and Construction Cost Estimating CITY is proposing to hire a Construction Manager (CM). Stantec services will be limited to providing the CM the information required in order for CM to prepare the quantities for cost estimating, pricing and bidding of the project. Quality Control Stantec will conduct the QA/QC, of the proposed project. This QA/QC is for the purpose of verification of compliance with governing design practices, standards and guidelines as well as reviewing agencies’ standards and guidelines. Plans will be reviewed as part of the SD, DD and CD Tasks. Task 420 Civil Engineering Design Development Design Development level of services of the above scope of work will be performed. Section 430 Civil Engineering Construction Documents Construction Documents of the project phases for the Site/Civil Elements of the project, in coordination with the CM, will be prepared. Preparation of the construction documents for each of the 2 project phases are anticipated. Phase 1 includes Bandshell but tracked as a separate Task. Task 431 Civil Engineering CD Phase 1 Task 432 Civil Engineering CD Bandshell Task 433 Civil Engineering CD Phase 2 Imagine Clearwater Design and Construction Support Services 7 of 49 7/12/2019 Stantec Section 440- Site Permitting Services Task 441- Permit Applications and Initial Submittals Stantec will prepare and submit the permit applications, plans and supporting documents for submittal to the appropriate agencies or departments. Stantec will set up and attend submittal conferences where appropriate. Submittals for review and/or approval will be made to the following agencies or governmental departments: • City of Clearwater (City)- Application for Flexible Standard Development Application (FSA) • Southwest Florida Water Management District (SWFWMD) – Environmental Resource Permit (ERP)- Request for No Permit Required • Florida Department of Environmental Protection (FDEP) - Water System Permit • FDEP - Wastewater System Permit • USACOE Permit (It is understood that project Marine Engineer will lead this effort. Stantec will provide the ecological services required to address environmental issues.) • FDEP- NPDES National Pollution Discharge Elimination System (NPDES) Stantec will complete appropriate sections of the NOI and Notice of Termination (NOT) applications available from FDEP. Stantec will submit the NOI and the NOT to the CITY or the CITY’s contractor for completion, signature and transmittal to the FDEP. Stantec will also prepare a suggested draft of Stormwater Pollution Prevention Plan (SWPPP) for the site. Stantec will submit the suggested draft SWPPP to the CITY or the CITY’s contractor for use only as a guide in preparing the final SWPPP. The final SWPPP, as prepared by others, will be located as described in the NOI. Note: The CITY or the CITY’s contractor will also be responsible for the following: ▪ Signing the NOI, NOT, and the final SWPPP as the “Operator and/or Responsible Authority” for the project ▪ Implementing the “Best Management Practices” as shown in the final SWPPP prepared by others ▪ Maintaining the “Best Management Practices” as shown in the SWPPP prepared by others as required to accommodate conditions in the field ▪ Monitoring the site conditions and preparing all reports as required by the conditions of the general NPDES permit If requested, Stantec will provide the suggested draft SWPPP for the site and the typical details of certain Best Management Practices to the CITY or the CITY’s contractor in an electronic format. Task 442- Agency Meetings and Negotiations Stantec will meet and negotiate with agency representatives having concerns during the review/approval process. Stantec will complete additional design revisions based on the agreements reached during the agency meetings and resubmit the plans and supporting Imagine Clearwater Design and Construction Support Services 8 of 49 7/12/2019 Stantec documents for final approval. The number of re-submittals to address review agencies comments is as follows: • City Approval 2 • SWFWMD ERP 1 • FDEP Water and Wastewater Services 1 • USACE 1 • FDEP NPDES 0 Additional re-submittals and revisions due to design changes or any other reasons beyond the control of Stantec, or special meetings and/or negotiations with agencies [beyond one (1) meeting per agency] will be considered as Additional Services. Upon the Client's request, this Service may include special meetings with the agencies for purposes of accelerating the permit approval process. If these special meetings were requested, this would be considered an Additional Service. Section 450- Civil Engineering CA Services As Engineer of Record (EOR), Stantec will provide limited services as required during construction to verify the project is constructed in general conformance with the construction documents and permit requirements. CITY is proposing to deliver this project through a construction manager (CM) and is in the process of selecting a contractor for this role at the time of this proposal. CM will be responsible for developing the Guaranteed Maximum Price (GMP), the assemblage of the bid package, bidding, recommending the selected contractor to the CITY. Stantec services will be provided through the Client. Stantec’s scope of work is based on an estimated total sixteen (16) month construction period for Phase 1 and eight (8) month for Phase 2. Separate Tasks are anticipated for the 2 phases of the project. Phase 1 includes Bandshell but tracked as a separate Task. Task 451 Civil Engineering CA Phase 1 Task 452 Civil Engineering CA Bandshell Task 453 Civil Engineering CA Phase 2 It is anticipated that the required services will be provided based on the project progress and needed expertise as per following paragraphs. Pre-Construction Services Stantec will assist the CITY, and CM with the bidding of the site improvements of the project. This will include providing plans, specifications to the Client/CM for preparation of bid documents, attending pre-bid meeting, responding to questions and required clarifications for the elements of the project designed by Stantec. CM will be responsible for the bid process. Pre-Construction Meetings Following the selection of the site contractor, Stantec will participate in one (1) pre- construction meeting for the project. It is assumed this meeting will be set up by the CM Imagine Clearwater Design and Construction Support Services 9 of 49 7/12/2019 Stantec and attended by the CITY, Contractor; City construction services representatives, utility companies, agency inspectors, impacted stakeholders etc. Submittal Reviews Technical Submittals – Stantec shall review technical submittals (shop drawings, cut sheets, etc.), results of tests and inspections, and other data related to the improvements of the project designed by the Stantec team, which the Contractor is required to submit. Technical submittals are anticipated for drainage facilities as well as site related improvements. It is anticipated that the water and wastewater submittals will be as per the pre-approved list of the City and will be processed by the CM. The acceptability of substitute materials and equipment proposed by a Sub-Contractor will be initially reviewed and approved by the CM. If the CM accepts the substitute material, it will be submitted to Stantec for processing, including submittal to the entities that may be affected by such a modification. It is the CM’s responsibility to provide all documentation required to prove the substitute material is the same or better than the material specified. Special negotiations as a result of changes/modification are not included. It is assumed all submittals will be made in a timely manner allowing Stantec a minimum of two (2) weeks of review time. It is also assumed that no more than twenty-five (25%) percent of submittals will require re-submittal. It is anticipated that the CM will maintain a submittal log. Updated log will be distributed to all parties involved on a weekly basis by the CM. Construction Observations Site Visits/Observations – Stantec will visit the site on an as-requested basis (by Client/CM). This task includes up to forty-eight (48) site visits during active construction period, average of 3 visits per month. It is anticipated that these visits will be for observation of progress of site elements, pressure tests and similar activities. Specialized staff will make these requested site visits or accompany the Stantec construction representative as needed. Stantec staff may make additional visits, as required by other project related tasks, such as for an RFI clarification, etc. It is assumed the inspections required for determining if the site/civil engineering improvements are completed in general accordance with the approved plans, specifications, and permit conditions will be performed by the CM. Copies of the reports and associated documentation, by the CM, will be provided to Stantec. Any additional site visits will be considered as Additional Services. Stantec will not, during the site observation visits or as a result of such observations of the Contractor(s) work in progress, supervise, direct or have control over Contractor(s) work, nor will Stantec have authority over or responsibility for means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, Stantec can neither guarantee the performance of the construction contracts by the Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the plans. Final Inspections One (1) sitework punch list will be developed during the walk-through with the CM, Contractor, Stantec and CITY representatives, as developed by the CM. A comprehensive list of items requiring repair, modification or replacement will be compiled prior to performing a final walk-through. After the contractor completes the punch list, a final walk-through inspection will be performed to verify the modifications and corrections have Imagine Clearwater Design and Construction Support Services 10 of 49 7/12/2019 Stantec been completed. Applicable government inspectors will be invited to attend this final walkthrough inspection. It is assumed that up to four (4) final inspection site visits will be required, two (2) to prepare/refine the punch list and two (2) to confirm completion of the punch list. Any additional final inspection site visits will be considered as Additional Services. Progress Meetings, Office Support and Coordination Stantec will attend progress meetings on an as-requested basis, or concurrent with the site visits, and provide office support and assistance during the construction phase of the project. This will include responding to Requests for Information (RFIs) and providing other input and clarification to the CITY/CM for issues relating to/resulting from the elements of the project designed by Stantec. Services associated with CITY/CM or Contractor requested design changes and/or re-permitting efforts are not included. If such services become necessary or are requested, Stantec will provide these services on a time and material basis as additional services. For the purpose of developing the fee, it is assumed bi-weekly progress meetings. A Stantec Staff will attend these meetings, unless coordinated otherwise with CITY. Any additional meetings will be considered as Additional Services. Record Drawings Stantec will review Record Drawings, prepared and certified by a Registered Land Surveyor (in digital/AutoCAD format as acceptable to Stantec). The CM will be responsible for obtaining this information from a Registered Land Surveyor. The Record Drawings will be submitted to the permitting agencies as part of the Engineer's Certification of Completion of Construction. Certifications – Stantec will certify to the CITY, SWFWMD, and other applicable permitting agencies that the Work has been performed in accordance with the permit conditions and the approved plans upon successful and acceptable completion of the work by the Contractor. Certifications will be signed and sealed by a Registered Engineer in the State of Florida. Dedication/Acceptance of Improvements It is anticipated the water and wastewater facilities will require formal dedication to the City. Stantec will provide services related to the submittal, processing, inspections and certifications to support and facilitate the acceptance of water and wastewater facilities by City. Section 460- Civil Engineering Associated Services The following tasks will be provided in association with the Site/Civil Engineering services. Surveying Services CITY has provided topographic survey of the site. Stantec is proposing to provide the subsurface utility designation and vacuum excavation. Imagine Clearwater Design and Construction Support Services 11 of 49 7/12/2019 Stantec Task 461- Subsurface Utility Designation Stantec will perform investigations using ground penetrating radar (GPR) and electromagnetic signal induction methods to discover and designate subsurface utilities within specific areas of the project as directed by the Project Civil Engineer. The specific areas targeted for investigation will be those areas where conflicts between proposed improvements and utilities to remain in place are known or suspected. These efforts will be performed on a time and materials basis and fee shown for this task reflects an estimated amount only. Actual fees may be more or less than the amount shown based on the actual effort requested. Task 462- Vacuum Excavation If requested by the Client, Stantec will perform vacuum excavations for the specific purpose of identifying the precise location and depth/elevation of existing utilities at specific conflict locations. Reference points will be established at each excavation to memorialize the location of the subject utility and a data sheet will be prepared to document the measured depth from each reference point to the top of each excavated utility, its type, material and size. Photographs of each excavated utility will also be collected. Daily rate for vacuum excavation is $1,875.00 the fee shown shows an estimated level of effort of eight (8) days. Actual fee maybe more or less than the amount shown. Geotechnical Engineering Services Task 463- Terracon Geotechnical Engineering Services Geotechnical engineering services will be provided by Terracon as a sub-consultant to Stantec with utilities designation and survey support by Stantec. Proposed scope of services is attached. Marine Engineering Services Task 464- Moffatt & Nichol Water Steps Engineering Services Engineering services for this task will be provided by Moffatt & Nichole as a sub-consultant to Stantec with permitting support by Stantec ecologists. Proposed scope of services is attached. SECTION 500- LANDSCAPE ARCHITECTURE SERVICES Stantec will provide design services for the landscape architecture components of the Imagine Clearwater Waterfront Park. The development of the proposed design includes the following zones initially identified in the Master Plan and further detailed and approved by City of Imagine Clearwater Design and Construction Support Services 12 of 49 7/12/2019 Stantec Clearwater during the Validation Process. The zones and program elements are identified and limited to the items below: A. Civic Gateway – Large Public Plaza space acting as the primary entrance to the park and connecting downtown Clearwater with the waterfront park. Established program is limited to: ▪ Upper Plaza ▪ Lower Plaza ▪ Grand Stairs ▪ Shade Pavilion (by Architecture Team) ▪ Water Feature ▪ Art Installation(s) (Art to be provided by others) ▪ Park Signage ▪ Cleveland Street Drop-off ▪ Associated Hardscape, Landscape, Site Furnishing, Site Lighting and Irrigation B. The Green – Central gathering space for day to day passive and active uses. In addition, the versatility of this area will encompass a variety of event uses including a professional music venue during designated times. Program elements include and are limited to: ▪ Event/Recreational Lawn ▪ Waterfront Plaza and Multi-use Path ▪ Water steps ▪ Marina Facility (by Architecture Team) ▪ Amphitheater (by Architecture Team) ▪ Event Staging/Access/Loading Area (Back of House Facility) ▪ Park Signage ▪ Associated Hardscape, Landscape, Site Furnishing, Site Lighting and Irrigation C. The Lake (a.k.a. The Estuary) – More Ecological and passive area of the park providing an abundance of native vegetation around central lake feature. This zone is intended to provide Clearwater’s residence with a natural experience and a break to the immediately adjacent urban condition. Program elements include and are limited to the following: ▪ Lake ▪ Parking Facility (Marina and General) ▪ Lawn ▪ Environmental/Education Plantings ▪ Picnic Areas ▪ Ceremonial Space ▪ Boardwalks/Overlooks ▪ Multi-Use Path ▪ Trolley Stop ▪ Park Signage ▪ Associated Hardscape, Landscape, Site Furnishing, Site Lighting and Irrigation D. Bluff Walk South – Corridor connecting the Civic Gateway Plaza at Cleveland Street to the Future Development Site (City Hall Parcel). This pathway unites the urban fabric with the park allowing opportunities for seating, gathering, and strolling. Program elements include and are limited to Imagine Clearwater Design and Construction Support Services 13 of 49 7/12/2019 Stantec ▪ Multi-Use Path ▪ Pedestrian Bridge ▪ Overlook(s) ▪ Seating Areas ▪ Park Wayfinding ▪ Associated Hardscape, Landscape, Site Furnishing, Site Lighting and Irrigation E. Bluff Walk North – Corridor connecting the Gateway Plaza at Cleveland Street to the West façade of the Main library. This pathway unites the urban fabric with the park allowing opportunities for seating, gathering, and strolling. Program elements include and are limited to ▪ Multi-Use Path ▪ Overlook(s) ▪ Seating Areas ▪ Outdoor Classroom ▪ Art Installation(s) (Art to be provided by others) ▪ Park Wayfinding ▪ Associated Hardscape, Landscape, Site Furnishing, Site Lighting and Irrigation F. Coachman Garden – More natural portion of the park connected to the community via its public display gardens and destination play features. This zone of the Imagine Clearwater park is expected to facilitate the highest day to day use through the following program elements: ▪ Playgrounds and other Play Features ▪ Splashpad Water Feature and Pump House ▪ Garden ▪ Lawn ▪ Picnic Areas ▪ Restrooms ▪ Boat House (by Architecture Team) ▪ Drop-off ▪ Surface Parking ▪ Park Signage ▪ Associated Hardscape, Landscape, Site Furnishing, Site Lighting and Irrigation Design services for Schematic Design, Design Development and Construction Documentation are included as part of this scope. The final submittal will be the 100% Construction documents for City review, permitting, and Construction. Task 510- Landscape Architecture Schematic Design Based on the City approved Validation Plan, the Schematic Design phase shall help to establish a vision for the proposed landscape (hardscape and softscape) for the Project. It is anticipated that these studies, illustrative in nature, will advance the overall design and help establish design direction for the project, conveying location, character and quality of landscape to be achieved. As part of this work for each component area of the overall park Stantec will perform and is limited to the following tasks: Imagine Clearwater Design and Construction Support Services 14 of 49 7/12/2019 Stantec ▪ Finalize Program Elements for each Component/Area of the Overall Park ▪ Prepare illustrative plan drawings, elevations, sections, and three-dimensional sketches to further detail and communicate character, scale, and spatial intent of park amenities ▪ Produce Schematic level design plans including and limited to: hardscape plans (to include preliminary grading) and landscape plans ▪ Develop sketches or utilize reference imagery and photography to illustrate the key components and material personality of the built environment ▪ Develop initial concept(s) for park signage and wayfinding. Up to two (2) packages are anticipated. ▪ Update the overall park master plan graphic to reflect further refinement of park program components, elements, and amenities ▪ Create a preliminary materials palette for the hardscape and softscape throughout the park Task 520- Landscape Architecture Design Development With CITY approval of the schematic design (SD), Stantec will begin Design Development (DD) studies for the Landscape Architectural portions of the work. The Design Development plans and sketches will further define the character and essentials of the project, including a preliminary selection of materials. As part of this work, for each area of the overall park, Stantec will perform and is limited to the following tasks: ▪ Prepare an initial Tree Protection/Removal Plan ▪ Develop a Hardscape Plan depicting proposed materials, components, and site furnishing locations ▪ Establish an initial Grading Plan for elevations, slopes, and level changes ▪ Further refine enlargement drawing elevations, sections, and three-dimensional sketches to communicate finish, scale, and spatial intent. ▪ Prepare a Planting Plan identifying location of general categories for trees, shrubs, vines and groundcover. ▪ Create a Basic Irrigation Plan defining irrigation infrastructure requirements, locations and sizes for primary components, and general intentions for zone systems including main line locations and POC’s (no system line pipe sizing this phase) ▪ Preparation of the site/landscape lighting plan locating all initial components ▪ Preparation of DD level details, sections, and elevations ▪ Prepare Outline Written Specifications ▪ Prepare Site Furniture Plans Section 530 Landscape Architecture Construction Documents Stantec will prepare the Construction Documents for the Hardscape and Landscape Architecture Elements of the project, in coordination with the CM. Preparation of the construction documents for each of the 2 project phases are anticipated. Phase 1 includes Bandshell. Task 531 LA CD Phase 1 Task 532 LA CD Phase 2 Imagine Clearwater Design and Construction Support Services 15 of 49 7/12/2019 Stantec The scope of work for these tasks will be per the following paragraphs: Construction Documents Based upon the CITY approved Design Development Plans and comments, Stantec shall prepare the necessary plan drawings, details, materials schedules, and technical specifications to permit and construct the landscape architectural elements of the Imagine Clearwater Waterfront Park Project. Park design under these tasks will be coordinated with other disciplines. As such, Stantec proposes to review the 90% CDs’ with City and the team, prior to submittal of the 100% CDs’. 90% CDs The following points clarify the extent of the landscape architecture task for the 90% CD submittal: ▪ Update the Tree Protection/Removal Plan as necessary ▪ Further Define the Hardscape plans depicting proposed materials, components, and site furnishing locations ▪ Prepare construction level details for all hardscape components ▪ Develop a Materials Schedule for Hardscape materials and finishes ▪ Assist the Civil Engineering Team in the development of all fine grading and review of any grading plans depicting elevations, slopes, and level changes ▪ Prepare plan enlargement drawings, elevations, sections, and three-dimensional sketches to communicate finish, scale, and spatial intent. ▪ Prepare landscape planting plans and plant schedule showing size, location, quantity, and type of all landscape material, including common and scientific names ▪ Prepare planting details outlining planting procedures, and staking, guying, etc. ▪ Develop an irrigation plan that comprehensively defines all irrigation infrastructure requirements, locations, and sizes for all components, and plan layout for each irrigation zone including irrigation head layouts and system lines ▪ Prepare irrigation construction details for the plan components above ▪ Prepare site/landscape lighting plan that provides fixture location and product selection for the lighting components in the park (electrical engineering shown by others). ▪ Prepare site furniture plans with notes, legends, material selections and details ▪ Prepare Initial Written Specifications 100% CDs (Final Construction Documents) Based on CITY approval and comments from the 90% CDs, Stantec shall prepare the final drawings, details, materials schedules, and technical specifications to construct the landscape architectural elements of the Project. As part of this work Stantec will perform and is limited to the following tasks: ▪ Finalize the Tree Protection/Removal Plan as necessary ▪ Finalize the Hardscape plans and modify any construction level details for all hardscape and site furnishings components as necessary ▪ Complete the Materials Schedule for Hardscape materials and finishes ▪ Coordinate and Review the final grading plan with the Civil Engineering Team ▪ Finalize plan enlargement drawings, elevations, sections, and three-dimensional sketches as necessary Imagine Clearwater Design and Construction Support Services 16 of 49 7/12/2019 Stantec ▪ Finalize the landscape planting plans and modify any planting details and plant schedules as necessary. ▪ Finalize the irrigation plans and confirm calculation and sizing of all equipment. ▪ Modify Irrigation construction details as necessary ▪ Finalize site/landscape lighting plans and site furniture plans in conjuncture with the appropriate team member ▪ Generate final Written Specifications Task 540- Landscape Architecture Permitting Stantec will provide limited to assist during the permitting phase of the project. The scope of work is anticipated to include: • Attending up to three (3) pre-application meetings with the permitting agencies • Providing signed and sealed plans and analysis as required for submittal of permit applications • Meeting with the permitting agencies to review the comments • Address agency comments • Prepare formal responses to agency comments • Final submittal to obtain permits. • Up to one (1) round of response to comments is included Section 550- Landscape Architecture CA Services The scope for post-design services can vary significantly based on the level of service requested by the Client, Construction Manager (CM), the Design Team, the construction schedule, and related issues. Stantec will provide the construction administration (CA) services as in-office CA services and site observation visits. The following services are proposed: Stantec’s scope of work is based on an estimated total sixteen (16) month construction period of this project as the assumed level/extent of Landscape Architecture services during the construction phase of the project. Separate Tasks are anticipated for the 2 phases of the project. Phase 1 includes Bandshell. Task 551 LA CA Phase 1 Task 552 LA CA Phase 2 It is anticipated that the required services will be provided based on the project progress and needed expertise as per following paragraphs. Meetings and Coordination: ▪ In-office CA services include review of project RFI’s, shop drawings and submittals, issuing clarification sketches as may be needed, and attendance at project OAC meetings as may be necessary ▪ Meetings include time to attend one (1) pre-construction conference involving the Client, the general contractor, and subcontractor(s) upon the issuance of a notice to proceed (NTP) to the Contractor along with attendance at regular OAC meetings on a monthly basis. A total of 13 meetings is estimated. Attendance at any additional meetings would be considered an additional service. Imagine Clearwater Design and Construction Support Services 17 of 49 7/12/2019 Stantec ▪ For review of shop drawings, results of tests and inspections, and other data or RFI’s related to hardscape and landscape improvements, which the Contractor is required to submit prior to initiating construction. ▪ For in-office CA services up to 240 man-hours is assumed. Any time spent beyond that would be considered an additional service. Site Visits: ▪ Stantec will attend site visits to observe and review how area development construction is progressing in conformance with the construction documents. ▪ Stantec will attend weekly site visits during the installation of hardscape and landscape elements. Stantec has allocated up 52 site visits. ▪ Stantec will attend a visit to area landscape nurseries with the GC’s landscape contractor to assist with tree tagging (contractor to pre-arrange all visits). We have allocated up to 24 man-hours for these services. ▪ Stantec will prepare a written report for each field visit documenting observations concerning the progress of this part of the work and its compliance with the requirements of the Contract Documents. However, Stantec will not during the site observation visits or as a result of such observations of the Contractor(s) work in progress, supervise, direct or have control over Contractor(s) work nor will Stantec have authority over or responsibility for means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, Stantec can neither guarantee the performance of the construction contracts by the Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the plans. ▪ Stantec will prepare a final punch list developed during a final field visit with the Contractor and Client representatives. Stantec will attend a final walk-through inspection to verify the final punch list modifications and corrections have been completed. We have assumed that only four (4) final inspection visits will be required and have allocated up to eight (8) hours for each visit for a total of 32 man-hours to perform these final inspection services. ▪ Any time spent or requested above what is noted above will be considered an additional service. Task 560- Site Lighting Services Site Lighting for the proposed project will be delivered for Site Lighting that will be provided by Duke Energy and Park Lighting that will be provided by City as noted below: Site Lighting Site lighting for streets, parking areas, and some areas of the park will be provided by the electric company, Duke Energy. Duke will be responsible for the engineering and photometric studies of the proposed lights. Based on the available selection of fixtures and poles from Duke, Stantec design team will coordinate location, type of the lights, lights layout, pole heights and selection of the fixtures. Stantec will assist and help manage these services with the CITY and Duke Energy. Imagine Clearwater Design and Construction Support Services 18 of 49 7/12/2019 Stantec Park Lighting Stantec Landscape Architectural team with support from the electrical engineer will assist and help manage the park site lighting, including photometric studies and coordination with other project disciplines (primarily electrical and structural engineering). Site lighting design by the landscape architectural team is covered under Task 510-530 and this scope is for managing and coordination with Duke, the City, and other team members only including photometric studies for the Park Lighting. Exterior Site Lighting Calculations for the project will be included. All site landscape and building exterior lighting calculations are included. Energy Code calculations are not anticipated to be required. Stantec Landscape Architectural team will provide lighting layouts which will be used as bases for the lighting calculations and photometric studies. Stantec will provide manufacturer’s highlighted fixture cut sheets for all fixture types. In addition, City or Park Department Standards or other requirements will be considered. For each of three phases of work in SD, DD and CD, Stantec Lighting Design will provide the following Professional Services: • Light level calculations in AGI format and report. Stantec will follow IES guidelines for light level recommendations unless otherwise provided by CITY. Stantec will make recommendations for supplemental lighting if required. • One overall site calculation and one update report are included for each phase. Task 570- Fountain Design Services Fountain Design services, including MEP and Structural Engineering associated with all fountain features for this task will be provided by Aquatic Design & Engineering, Inc. as a sub-consultant to Stantec with utility connection services support by Stantec. Proposed scope of services is attached. SECTION 600- ARCHITECTURE AND INTERIOR DESIGN Task 610 – Schematic Design Phase Services The intent of the Schematic Design (30 percent) phase is to initiate the engineering, and advance the landscape architecture, architecture and interior designs for the improvements that have been refined as part of the previous Validation Phase. Based upon the current updated master plan and other supporting documents (Attachment “D”), we propose to continue the development of the project in the areas listed below. We are anticipating a total duration for this phase to be 8 weeks including interim review time. All components will be developed simultaneously and presented as a whole as opposed to as individual components. Imagine Clearwater Design and Construction Support Services 19 of 49 7/12/2019 Stantec Architectural Interior Design Bandshell & Support Spaces The architectural design for this phase will include refinement of the current design intent to include a canopy sized to accommodate 4,000 seats as well as the Stage and Support structure as shown on the attached plans. We will continue our assessment related to primary materials and the canopy system components. Deliverables include: • Floor plans • Roof plans • Building sections • Building elevations • Updated digital modeling/rendering of the bandshell • Initial space plan of interior design elements • Character imagery and mood boards for VIP Room and Green Rooms Plaza Shade Structure The architectural design for this structure will include studies aimed to reducing the overall footprint of the upper shade structure as discussed in previous meetings. We will also look at alternatives to the design of this structure to determine if the architectural character is compatible with the new design of the seating canopy at the Bandshell. The lower level space is expected to remain very similar to what has already been developed. Deliverables will include: • Floor plans • Roof plans • Building sections • Building elevations • Updated hand drawn or digital modeling/rendering of the Plaza and shade pavilion • Initial material selection/color palette for the public restrooms. Marina Facility The architectural design is expected to be similar and consistent with the current plans. The interior design effort will include programming discussions to determine furniture and equipment needs. Deliverables include: • Floor plans • Roof plans • Building sections • Building elevations • Initial material selection/color palette for the public restrooms. [Note that the public restrooms for the project are expected to be the same for each of the public restrooms. We do not expect that each restroom will have it’s own unique material/color palette]. • Refined interior space plan indicating furniture and equipment. Imagine Clearwater Design and Construction Support Services 20 of 49 7/12/2019 Stantec Boathouse The architectural design is expected to be similar and consistent with the current plans. Deliverables include: • Floor plans • Roof plans • Building sections • Building elevations Playground RRs The architectural design is expected to be similar and consistent with the current plans. Deliverables include: • Floor plans • Roof plans • Building sections • Building elevations Pedestrian Bridge Work during this phase would include the continued development of the architectural design intent for this pedestrian/bicycle bridge over Cleveland. We would incorporate this design into the proposed modifications of the upper Gateway Plaza. We also understand that there is some consideration that this element may be removed from the program. If this happens, the fees associated with this effort may be reduced or removed, depending on the timing of this decision. If we proceed with this, deliverables would include: • Floor plans • Sections • Elevations Ancillary Structures This section is intended to capture the design of the various pavilions and other covered structures along the boardwalks by the Lake. We will study some options to determine the overall character and design intent for these components. At the end of this phase, we anticipate that a preferred solution is identified and that as we move to the following phases, a single design is selected to be repeated in multiple locations and will not result in unique structures for each of these buildings. Deliverables would include: • Floor plans • Sections • Elevations • Sketches/renderings of the various design options Task 615 - 3D Visualization/Renderings We anticipate that we will need to continue to produce the hand-drawn colored renderings as well as the digital modeling/renderings that have been used to date to depict various design elements. We have indicated in the sections above some specific Imagine Clearwater Design and Construction Support Services 21 of 49 7/12/2019 Stantec areas we are expecting to develop but also understand there will be others. We have provided an allowance for this task. Deliverables would include: • Enhancement and development of the digital model to incorporate updated architectural design as well as accurate depiction of grading and other site conditions. • The "Renderings" category includes visualization support for the design efforts as well as the specific deliverables listed below: o - includes 6 exterior digital renderings o - includes 1 interior digital rendering [VIP Room] o - includes 12 hand drawn renderings o - does not include Virtual Reality (VR) deliverable o - Does not include animations Task 620 – Architecture Design Development The intent of the Design Development (60 percent) phase is to advance engineering, landscape architecture, and architecture. Based upon the approved Schematic Design, and any adjustments authorized by the City in the program, schedule, or construction budget, Stantec shall prepare, for approval by the City, design development documents consisting of drawings and other documents to fix and describe the size and character of the project as may be appropriate. It is our intent to have a structural system for the Bandshell canopy and potentially other building areas such as the Plaza Gateway structure identified by the end of the SD phase and will work with this fabricator to develop the design further. As with the SD phase, we are proposing that the Design Development phase of the project is done comprehensively, allowing us to work on all parts simultaneously and to similarly present and review the project as a whole as opposed to a series of individual components. As for the deliverables, each of the building components will have roughly the same list of items that will be prepared and presented for review during this phase. They include: • Code analysis and Life Safety plans • Floor plans • Reflected ceiling plans • Roof plans • Enlarged plans of key areas [if necessary] • Interior elevations of key areas • Building sections • Building elevations • Primary wall sections • Preliminary wall partition schedule • Preliminary door and window schedule • Interior and exterior material/color selections • Interior Finish Key • Furniture plans • Preliminary Furniture selections/specifications Imagine Clearwater Design and Construction Support Services 22 of 49 7/12/2019 Stantec • Preliminary millwork sections/details • Draft book of Technical Specifications • 6 hand drawn renderings [either refinements to renderings generated in previous phase or new images] • 1 digital rendering of the interior space of the VIP Room • Enhancement and development of the digital model to incorporate updated architectural design as well as accurate depiction of grading and other site conditions. Section 630- Architecture Construction Documents Stantec will prepare the Construction Documents of the project buildings, in coordination with the CM. Preparation of the construction documents for each of the 2 project phases are anticipated. Phase 1 includes Bandshell but tracked as a separate Task. Task 631 Architecture CD Phase 1 Task 632 Architecture CD Bandshell Task 633 Architecture CD Phase 2 The scope of work for these tasks will be per the following paragraphs: The intent of the Construction Documents phase is to advance engineering, landscape architecture, and architecture designs for the approved design development documents and any further adjustments in the Scope of quality of the Project or in the construction budget authorized by the City, Stantec shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications (on plans) setting forth in detail the requirements for the construction of the hardscape elements of the project. We understand that the project will be constructed in phases but propose that the Construction Documents for each component be developed and completed as part of this effort. Cost-savings and other efficiencies will be achieved as a result of this strategy. As for the deliverables, each of the building components will have roughly the same list of items that will be prepared and presented for review during this phase. They will include the information necessary to bid, permit and construct the components as described above, with the exception of some delegated design components as indicated in the list of Exclusions/Qualifications. In addition to the standard drawing deliverables, we also anticipate the development and production of a book of FF&E [Fixtures, Furnishings and Equipment] specifications that can be used by City Staff or the general contractor for the procurement of these items. Finally, 6 digital renderings of the project will be developed as part of this phase. Imagine Clearwater Design and Construction Support Services 23 of 49 7/12/2019 Stantec Task 640 – Architecture Permitting Services Stantec will prepare and submit required permit applications to appropriate regulatory agencies. It is assumed that the City will be the identified owner/applicant and issue any required permit fees directly. Section 650- Architecture CA Services The scope for post-design services can vary significantly based on the level of service requested by the Client, Construction Manager (CM), the Design Team, the construction schedule, and related issues. Stantec’s scope of work is based on an estimated total sixteen (16) month construction period of this project as the assumed level/extent of Architecture services during the construction phase of the project. Separate Tasks are anticipated for the 2 phases of the project. Phase 1 includes Bandshell but tracked as a separate Task. Task 651 Architecture CA Phase 1 Task 652 Architecture CA Bandshell Task 653 Architecture CA Phase 1 It is anticipated that the required services will be provided based on the project progress and needed expertise as per following paragraphs. Standard services provided during this phase include providing responses to contractor’s RFI’s, reviewing submittals and shop drawings, attendance [via conference call] in bi- weekly Owner/Architect/Contractor [OAC] meetings and limited site visits [no more than 1 per month]. We also have included provisions to provide a written punch list at project completion to review the general conformance with the contract documents and completion of construction. Within a reasonable correction period, our office will perform a final walk- thru and review the status and completion of the punch list works item. It is the responsibility of the CM or GC to verify that these items are complete and should submit so in writing. We will provide Record Drawings at project completion that includes the latest design drawings, bulletins and electronic sketches that occurred during construction. These will be delivered in PDF format. Qualifications • Interior finishes for all public restrooms and offices are anticipated to be the same for each building • Ancillary structures [pavilions] on the lake are anticipated to be significantly equivalent in design intent - i.e., each will not be completely unique structures • One set of specifications will be generated for the project as opposed to each structure with revisions/amendments as required for each phase of work. • FFE selection/specification is included - but offices throughout are assumed to use the same furnishings Imagine Clearwater Design and Construction Support Services 24 of 49 7/12/2019 Stantec • No time included for assistance with bidding of contractors or subcontractors Excluded Services: The Professional Services that Stantec will provide under this Proposal/agreement include, and are limited to, those described above in the Scope of Services. All other services including, but not limited to, the following are specifically excluded, but may be authorized as Additional Services: • Visual Animations • VR production/simulations If requested by the Client, Stantec may provide some of the above referenced “excluded” services as an amendment to this agreement. SECTION 660-MECHANICAL, ELECTRICAL AND PLUMBING ENGINEERING The MEP scope of work will cover the design of systems to support the following program areas: 1. Water Feature’s power and water source 2. Exterior site, parking and landscape lighting power circuiting and control systems. 3. Pump room MEP design 4. Restroom MEP design 5. Canopy Walk lighting circuiting and control design 6. Pedestrian Bridge lighting circuiting and control, drainage, and fire protection designs 7. Boat House MEP design 8. Marine Building MEP 9. Gateway Pavilion MEP Design 10. Bandshell MEP design inclusive of Power and AV connection points Lighting and sound systems in the Green The following services will be provided for each of the disciplines: Mechanical • Air-Conditioning: HVAC system design will be based upon air cooled packaged rooftop or split system air conditioning systems. • Outside Air Systems for (public corridors, front-of-house areas, back-of-house areas). • Toilet Exhaust will be provided for the toilet rooms in the public areas and amenity areas. • General Exhaust Systems will be provided for the MEP Rooms and Back-of-House Areas. • Space Conditions: We will coordinate the mechanical room sizes and locations with the owner and architect, including vertical shafts and offsets for ducts and piping. • We will provide floor plans showing ducts and piping. Ductwork drawings will include volume dampers, motorized dampers, fire dampers, and fire-smoke damper locations. Double-line ductwork shall be shown in mechanical rooms, for major ducts, and in areas where tight coordination is required with other trades. • We will provide air riser diagrams, water riser diagrams, equipment schedules, flow diagrams, details, etc. Imagine Clearwater Design and Construction Support Services 25 of 49 7/12/2019 Stantec • We will work directly with a BMS vendor to develop the BMS specifications and sequence of operation. The BMS vendor awarded the project will provide the control wiring diagrams. Electrical • Electric Service: Provide electric load letter to the utility company and coordinate new Point of Entry (POE) to the site. • Transformers or Vault: By Utility Company. We will coordinate this work with the utility company and assist the architect and structural engineer with locations. We will provide our loads for coordination. • Metering: Utility Direct Metering and/or Sub-Metering as applicable. Separate utility meters for commercial retail tenants. This decision needs to be made prior to the DD phase. • Space Conditions: We will coordinate the Main Switchgear Rooms, Emergency Switchgear Rooms and satellite electrical room sizes and locations with the owner and architect. • Distribution: Design will include new electric services switches, current transformer cabinets, switchgear, distribution boards, distribution panels, and panels for a complete electric distribution system. • Lighting: Lighting-circuiting drawings for the lighting design and layout as shown on reflected ceiling plans and designed by the lighting designer or the architect. We will prepare the lighting layout and specifications for the mechanical-electrical rooms, back of house areas, and storage rooms. Emergency lighting will be integral with the specified light fixtures, or concealed and surface mounted battery packs with heads, or connected to the emergency generator. • Receptacles: Receptacle-circuiting drawings for the receptacle design and layout as shown on electric/telephone plans provided by the architect. We will assist the architect with placement and location. • Low-Voltage Systems: We will indicate line voltage, empty conduits, backboxes and stub-ups for HVAC controls, telephone, data, audiovisual and security systems if requirements are specified. Layout of low-voltage outlets and devices shall be indicated on the architectural backgrounds. We will coordinate our design portion with the telecommunication, security, and audiovisual consultants. • Equipment-circuiting drawings for the mechanical, plumbing and fire protection equipment designed by this office. • Emergency Power System: Emergency generator design if required or desired as part of the overall program, automatic transfer switches, emergency distribution panels, and associated feeders and branch circuiting. Plumbing • Utility Services: Coordinate new Point of Entry (POE) for the plumbing utilities as outlined below. ▪ Domestic Water Service: Designed to 5 feet outside of the buildings. The civil engineer will design a new water service(s), backflow preventer and meter assemblies. ▪ Gas Service (if required): Provide gas load letter to the utility company and coordinate new Point of Entry (POE) to the building. New utility gas meters as required. ▪ Sewer/Storm: Design to 5 feet outside of building. Our fee assumes that there is a Civil Engineer on the project to perform these services, as well as the storm water calculations, and underground foundation drainage design. Imagine Clearwater Design and Construction Support Services 26 of 49 7/12/2019 Stantec • Metering: Utility Metering and/or Sub-Metering as applicable. • Space Conditions: We will coordinate the room sizes and locations with the architect/owner for the water service(s), water booster pumps, sewage ejectors pumps, gas meters and gas booster pump, including vertical shafts and offsets for piping. • Domestic Cold Water: Pumps, suction tanks, filtration system, pressure reducing valves, hose bibs, and complete distribution risers and piping. • Domestic Hot Water: Hot water generation system, including pumps, storage tanks, circulating pumps, and complete distribution risers and piping. • Sanitary & Vent: House trap, sewage ejector pumps, and complete distribution risers and piping. • Storm: House trap, sump pumps, roof and terrace drains, storm water leaders, and storm water detention system. • Gas: Gas booster pump if required, and complete distribution risers. Separate gas meters and piping for emergency generator, boiler, and retail commercial tenants. Fire Protection • Fire Water Service: Coordinate new Point OF Entry (POE) with the civil engineer. Provide loading information to the civil engineer for them to prepare cross- connection application for submission for new water service(s), backflow preventer and meter assembly. • Space Conditions: We will coordinate the Fire Pump Room size (if required) and location with the owner and architect, including vertical shafts and offsets for piping. • New pumps, gravity tanks, risers, floor control valves, riser control valves, and distribution piping for standpipe and sprinkler systems, hose cabinets, and Siamese connections. • Complete sprinkler mains, branch piping and sprinkler heads throughout the building. Fire Alarm • New fire alarm control panel, central station, fused disconnect switches (power service requirements), data gathering panels, and new risers (power, data, and communication). • New fire alarm devices for amenity areas, back-of-house areas and MER’s. • We will prepare the required floor plans, riser diagram and details required for a complete design. MEP services will be delivered under the following Tasks. Task 661- MEP Schematic Design • Establish project goals, objectives, schedule, layout, and image. • Outline design criteria and prepare system design description (Schematic Design Narrative). • Code analysis. • Selection of building systems. • Preliminary equipment sizing. • Identify preliminary space requirements (MER’s and Roof) for major equipment. • Identify preliminary space requirements for major shafts (ducts, piping, conduits). • Issue drawings for coordination with the project team. Imagine Clearwater Design and Construction Support Services 27 of 49 7/12/2019 Stantec Task 662 MEP Design Development Phase • Utilities for building services. • Contact Confirm preliminary equipment sizing. • Confirm preliminary space requirements with architectural design. • Coordinate major ductwork, piping, and conduit routing. • Plans indicating major equipment, electrical distribution, panels, ductwork piping, etc. • Preliminary review of plans with local code officials and fire department (code compliance). • Develop typical details. • Develop preliminary riser diagrams. • Issue drawings for coordination with the project team and for preliminary budget pricing by the Construction Manager. MEP Construction Documents Stantec will prepare the MEP Construction Documents of the project buildings, in coordination with the CM. Preparation of the construction documents for each of the 2 project phases are anticipated. Phase 1 includes Bandshell but tracked as a separate Task. Task 663 MEP CD Phase 1 Task 664 MEP CD Bandshell Task 665 MEP CD Phase 2 The scope of work for these tasks will be per the following paragraphs: • Stantec will commence work in the phase after receiving architectural backgrounds that have allocated space for all MEPS equipment and shaft space for all vertical risers (ducts, piping, conduit, etc.). Coordination of horizontal components will be completed during this phase. • On occasion, Filing Drawings to the Department of Buildings are expedited at the request of the owner to assist with the overall project schedule. However, we will not submit our drawings DOB unless they are a minimum of 75% complete. STANTEC will not submit so called “dummy” sets to the DOB. • We will sign/seal copies of the following contract documents prepared by our office for filing by others: ▪ Mechanical, Plumbing, Sprinkler, Standpipe, Fire Alarm, and Energy Compliance. ▪ Separate filing packages for a new boiler plant and new generator when required as part of the project. • Bid Documents are considered 100% complete in terms of the scope of work, but not fully coordinated with the entire project team. We will commence bid documents when provided with the final approved architectural layouts complete with reflected ceiling plan, power and telephone plan, furniture and equipment layouts, and all mechanical and electrical system requirements and locations. • Construction Documents include incorporating the final comments from the project team, items that arise during the bid process, suggestions from the awarded contractor, and coordinated between the architect and sub- consultants. Imagine Clearwater Design and Construction Support Services 28 of 49 7/12/2019 Stantec • The project will be designed to comply with the FL Energy Code as outlined below, although it is acknowledged and agreed that code officials’ interpretations cannot be warranted or guaranteed. When a LEED Consultant is involved preparing an Energy Model, then the work outlined below is excluded from our scope of services. ▪ HVAC: We will prepare the necessary documentation, using the prescriptive path, and include the calculations in our filing set. Building simulation/energy modeling is not included in STANTEC's basic services. ▪ Lighting: We will require the architect and/or lighting consultant to provide us with the lighting calculations. We will review, confirm, and include the calculations in our filing set. If the calculations exceed the Code limit, the lighting designer will be responsible for making the necessary adjustments to the lighting plan to meet Code and resend us the revised calculations. We have included one (1) revision as part of our basic services. If the calculations exceed the Code limit for a second time, then We will need to be compensated for our additional time and services. ▪ Envelope: The envelope portion is excluded from our basic services. The architect and/or façade consultant should complete this. • Book Specifications would be prepared for all areas of work defining quality of equipment, performance, and operational requirements, acceptable sources, and any other parameters to fully delineate the project needs. • Bid and Construction Documents shall include engineering floor plans, on-drawing specifications, notes, details, schedules, & risers, based on the demolition, alteration, relocation & new scope of work. • We are to be provided with one master CADD background from the Owner or Owner’s Architect which incorporates all sub-consultants work including but not limited to Lighting Consultant’s lighting fixture layout, Interior Designer’s receptacle/telephone layout, AV consultant’s device layouts, Water Feature Consultant’s device layout, Security Consultant’s device layout. CADD file management of sub-consultants is not included. • We are to be provided with sub-consultants work product in a timely fashion and scope of work to be complete and clearly identified. Multiple drawing submissions and re-engineering to accommodate sub-consultants incomplete work product is not included and will require additional fees. • We will commence with Amenities/Fit-Out Construction Documents once all information and design criteria has been fully established, submitted, incorporated into Architectural Backgrounds, and approved by Ownership. Task 666- MEP Permitting Stantec will respond to necessary MEP comments from the City Building Department or Peer Reviewer. We have included (1) in-person meeting and up to two (2) Skype meetings as necessary during this phase. MEP Construction Administration The scope for post-design services can vary significantly based on the level of service requested by the Client, Construction Manager (CM), the Design Team, the construction schedule, and related issues. Imagine Clearwater Design and Construction Support Services 29 of 49 7/12/2019 Stantec Stantec’s scope of work is based on an estimated total sixteen (16) month construction period of this project as the assumed level/extent of MEP Engineering services during the construction phase of the project. Separate Tasks are anticipated for the 2 phases of the project. Phase 1 includes Bandshell but tracked as a separate Task. Task 667 MEP CA Phase 1 Task 668 MEP CA Bandshell Task 669 MEP CA Phase 2 • Review shop drawings within ten (10) business days. However, this period is based upon an agreed shop drawing schedule provided by the Construction Manager. • Respond to Request for Information (RFI’s) within five (5) business days. • Review and advise the client regarding Change Order Requests as submitted by the contractor for their legitimacy and general accuracy of scope. • Periodic Field Observation. Field observations will be for determining general conformity of the work with the contract plans and specifications and will not include review or approval of the contractor’s construction, means and methods of construction, or safety procedures. • Develop Final Punch lists. We will perform a written punch list at project completion to review the general conformance with the contract documents, completion of construction and engineering systems work. Within a reasonable correction period, our office will perform a final walk-thru and review the status and completion of the punch list works item. It is the responsibility of the CM or GC to verify that these items are complete and should submit so in writing. • We will provide Record Drawings at project completion that includes the latest design drawings, bulletins and electronic sketches that occurred during construction. • Review As-Built Drawings prepared by the sub-contractors. • Stantec MEP team will attend up to 12 (twelve) construction meetings, contractor coordination meetings, OAC meetings, BIM coordination meetings and field observation meetings during this phase. Additional meetings will be billed on an hourly basis. MEP Assumptions • Electrical System Designs as noted, but not limited to: ▪ Uninterruptible Power Supply (UPS) Systems. ▪ Central Battery System for architectural lighting. ▪ Dimming Systems (i.e., Lutron, Crestron, etc.). ▪ Recalculations of feeders to use Aluminum conductors, in lieu of Copper conductors. • Fire Protection System Designs as noted, but not limited to: ▪ Temporary Sprinkler and Temporary Standpipe Systems. ▪ Pre-action Systems • Telephone, Data, Internet, Cable TV, Security, and Intercom Design Services. • LEED MEP Design Services and LEED Consultant Services. • Building Simulation/Energy Modeling for the building’s Envelope, HVAC, and Lighting • Commissioning/Testing services, witnessing commissioning, and factory testing of equipment. • Special Filing Requests: Imagine Clearwater Design and Construction Support Services 30 of 49 7/12/2019 Stantec ▪ Refiling, repackaging, resubmitting drawings and DOB forms, and additional work caused by expeditor errors, omissions and/or delays to the project. ▪ Preparations of drawings, documents, and forms for special variance requests (DOB & Fire Department) to achieve the owner/architect project requirements and goals. • Project Schedule Delay: ▪ If the project during the design and/or construction phase is placed on hold or suspended for longer than a two (2) month period, then STANTEC will be compensated for loss of productivity. ▪ If the project during the design and/or construction phase is placed on hold or suspended for longer than a six (6) month period, then STANTEC will renegotiate the contract fee based on the current market conditions or have the right to terminate our contract. • Construction Phase: ▪ Review of shop drawings at the construction site for quick turnaround. ▪ Expedited construction schedules and agreements between the Owner and the Construction Manager or General Contractor ▪ Design work necessary to accommodate unanticipated changes in the construction sequence and/or temporary construction. ▪ Three (3) or more punch lists due to contractor’s incomplete construction. • Separating engineering trades or additional design packages. We have allowed for all trades to be issued under one (1) design package for bid. • Where there are approved changes to work already completed, changes in scope, or alternate designs. MEP Exclusions • Interior lighting design, site lighting design and foot-candle calculations for normal and/or emergency lighting. • Satellite Dish, Audiovisual, and Acoustical Engineering Design Services. • Computer Fluid Dynamics (CFD) Analysis for HVAC systems. • Kitchen Hood and Associated Fire Suppression Systems. • Structural engineering design and civil engineering. Sewer and storm water site work will be by the civil site engineer and brought to within 5'-0" of the building. • Meeting attendance at sub-contractor interviews prior to award and sub- contractor meetings during construction. • Obtaining or securing construction permits. • Review and validation of contractor pay requisitions. • Review of shop drawings that: ▪ Have not addressed previous shop drawing comments. ▪ Are not based on STANTEC’s design drawings. ▪ Are Coordination Drawings (vertical and/or horizontal). This is the responsibility of the CM or GC. • It is the responsibility of the electrical contractor, in conjunction with the fire alarm vendor, to prepare the as-built fire alarm riser, fire alarm matrix, and functionality Imagine Clearwater Design and Construction Support Services 31 of 49 7/12/2019 Stantec statement on their title block. STANTEC will review for compliance and accuracy and will sign/seal for final inspection. • All Special Inspections, listed in Florida Building Department, including, but not limited to, those for the Mechanical, Sprinkler and Standpipe Systems. A third- party licensed engineer that is registered to perform such inspections will need to be retained for these services directly by the owner. • Updating of filing drawings to represent as-built conditions for filing changes is excluded when changes were made as part of value engineering, unless STANTEC is specifically compensated for that VE process. In all cases where updates are required to filing drawings based on actual installation, contractor shall provide CAD drawings of as-built conditions and all required information for such. • Special design relating to fireplaces, outdoor gas heaters, fire-pits, water features, etc. The entire installation of such systems (including all required control wiring, fans, venting systems etc.) shall be treated as a single appliance by STANTEC. As such, STANTEC will provide a single gas and power connection as identified by the equipment manufacturer. • Short Circuit/Arc-Flash/EMF Study and Circuit Breaker Settings. • Preparation of Operating & Maintenance manuals and the training of personnel for operation, maintenance & systems start up. • Preparing to serve or serving as a consultant or witness for the Client or Owner in any litigation, arbitration, mediation, public hearing or other legal or administrative proceeding involving the Project. SECTION 670- STRUCTURAL ENGINEERING Task 671 Structural Schematic Design During this phase we will collaborate with the design team and city personnel to review project requirements and assist the designers by providing them with efficient structural design criteria. We can propose structural framing options which will meet the building’s functions and work with your team to analyze which option best fits the needs of the building. Stantec will provide or review a boring plan, review the Geotechnical Report and collaborate with the Geotechnical Engineer on project requirements. We will also review documentation of existing structures which may impact our design, such as existing retaining walls in the vicinity of the Entry Plaza building. Our deliverables include: • Structural Schematic Design Narrative outlining the structural systems for each component of the project that falls within our scope. • We have included one (1) in-person meeting and up to four (4) Skype meetings as necessary during this phase. • The structural design of the following components of the project, and their corresponding phase of construction, are included in the Structural Scope of work: • Entry Plaza building structure and the associated grand stairs and ramp • Marina Office / Restroom building • The Bandshell building • Pre-engineered/Prefabricated Pedestrian Bridge over Cleveland St. • Lake Piers (2 locations assumed) • Lake Bridges/Boardwalks (3 separate structures assumed) • Restroom building (2 locations assumed) • Dock Master building expansion • Pump House building / Vault Imagine Clearwater Design and Construction Support Services 32 of 49 7/12/2019 Stantec • Garden Boardwalks • Miscellaneous cast-in-place concrete or CMU site structures such as retaining walls, stairs, planters, stem walls, benches or podiums. Foundation-Only Scope: There are other structural elements of the project which would be designed, detailed and constructed by a specialty fabricator. Our Structural Scope for such elements would include the design and detailing of the foundations only – the structures themselves and their attachments to the foundations are the responsibility of a Florida-licensed Delegated Engineer. We will provide foundation designs only for the following components of the project: • Amphitheater canopy • Slide Platform • Canopy Walk • Playground shade structure • Various artwork base supports • Picnic Shelters (3 locations assumed) While these structures are the responsibility of a Delegated Engineer, our scope will include some limited assistance in the initial design development of these components. Our scope also includes a structural review of the final designs. Design reactions for these elements shall be provided by the Delegated Engineer to perform the subsequent foundation designs. Task 672 Structural Design Development During this phase we will analyze the framing and finalize sizes and configurations for all structural components of the project that falls within our scope. Enough information will be provided for the Owner / Contractor to obtain preliminary pricing. Our deliverables include: • Progress sets of Design Development Drawings • We have included (1) in-person meeting and up to six (6) Skype meetings as necessary during this phase. Refer to SD Task for a summary of the structural components in our scope of work. Structural Construction Documents Stantec will prepare the Structural Engineering Construction Documents of the project buildings, in coordination with the CM. Preparation of the construction documents for each of the 2 project phases are anticipated. Phase 1 includes Bandshell but tracked as a separate Task. Task 673 Structural CD Phase 1 Task 674 Structural CD Bandshell Task 675 Structural CD Phase 2 The scope of work for these tasks will be per the following paragraphs: Imagine Clearwater Design and Construction Support Services 33 of 49 7/12/2019 Stantec During this phase we will finalize the structural documents for permitting and construction based on an approved Design Development phase. Our deliverables include: • 100% Construction Documents Refer to SD Task for a summary of the structural components in our scope of work. Task 676 Structural Permitting We will respond to necessary structural comments from the City Building Department or Peer Reviewer. We have included (1) in-person meeting and up to two (2) Skype meetings as necessary during this phase. Structural Construction Administration: The scope for post-design services can vary significantly based on the level of service requested by the Client, Construction Manager (CM), the Design Team, the construction schedule, and related issues. Stantec’s scope of work is based on an estimated total sixteen (16) month construction period of this project as the assumed level/extent of Structural Engineering services during the construction phase of the project. Separate Tasks are anticipated for the 2 phases of the project. Phase 1 includes Bandshell but tracked as a separate Task. Task 677 Structural CA Phase 1 Task 678 Structural CA Bandshell Task 679 Structural CA Phase 2 The Structural Engineer’s role during this phase is to observe and comment on the structural frame construction progress and to promote proper implementation of our design. Our work during this phase will include: • Structural Engineer has included five (5) formal site visits in our services • Timely communication with you on all construction issues requiring Owner involvement, interpretation, or resolution • Distribution and written follow-up of observations made on-site and any field interpretations or recommendations issued verbally to the general contractor • Development, as required, of clarification structural sketches (SSK’s)to address specific field conditions and assist in the timely progress of the general contractor • Review of structural shop drawings for components included in our documents. Multiple reviews greater than two (2) shall be provided as a Change of Services Structural Assumptions: • The project design would occur as a single phase, however bidding, permitting and construction could occur as separate phases. • Framing of the Marina Office/Restroom, Dock Master Building, Restroom Buildings and Pumphouse structure are assumed to be one-story load bearing masonry with prefabricated wood trusses. Imagine Clearwater Design and Construction Support Services 34 of 49 7/12/2019 Stantec • Framing of the Bandshell Building is assumed to be one-story load bearing masonry with certain components of cast-in-place concrete or structural steel. The roof is assumed to be steel bar joists and metal deck. • Framing of the Entry Plaza Building is assumed to be primarily cast-in-place concrete with the possibility of some structural steel or precast concrete elements. • Ground-floor slabs are assumed to be slab on grade and not structural and/or hydrostatic. • Based upon the Master Plan submittal, we assume that all foundations would be shallow footings with the exception that the amphitheater roof, entry gate building and pedestrian bridge would be on piles. The designs of specialty piles, such as pin piles, micropiles, helical piles would be the responsibility of the pile installer. Precast or prestressed piles would be designed to FDOT standard. • The foundation designs will be in accordance with the recommendations from a Geotechnical Report. • Marine structures at the intercoastal waterway, such as sea walls, docks or similar, are not part of this section of this proposal. • The Renovation to the Dock Master Building would not be considered a “substantial structural alteration” or one in which the entire existing building would need to be brought into accordance with current Code. • Lake Pier and Lake Bridge design will involve a fixed system comprised of wood piles, wood framing and wood (or composite) decking and railing system • Shelters shown on Piers in the master plan shall be pre-engineered structures of similar design to the wooden piers that can be integrated into the structural support members for the piers without significant change to the design of the piers. • The lake piers and bridges will be designed assuming a depth of no greater than 15’ below control elevation. • There will be no light poles attached to the wooden piers or bridges that require additional structural support design. • Picnic Shelters shall be pre-engineered structures of similar size, shape and material nature. Stantec shall coordinate with the manufacturer but shall only provide the foundation design for the structures. • Pedestrian Bridge shall be a pre-engineered steel structure of a standardized design made by a national manufacturer. Stantec shall coordinate with the manufacturer but shall only provide sub-structure and foundation design for the bridge. • Pedestrian Bridge shall be of consistent width throughout the span and is expected to be a straight single span. Alternately, the bridge may be a series of three straight spans with break points at intermediate support piers. • The Pedestrian Bridge is not anticipated to be covered or have a roof. • The Pedestrian Bridge is not expected to collect stormwater off the deck. • The Pedestrian Bridge is not expected to be designed for vehicular load, except for small maintenance vehicles such as golf carts. • The Pedestrian Bridge will not have an elevator, stairs or immediate ramp system. Ramps and elevators are included elsewhere on site for transition back to grade. Structural Exclusions • Services beyond the Scope of Services described in this proposal. Imagine Clearwater Design and Construction Support Services 35 of 49 7/12/2019 Stantec • As-built drawings (provided by General Contractor and sub-contractors) – Structural Engineer record as-designed drawings and electronic CAD files are included in our basic services. • Value Engineering services and documentation revisions following the GMP Set. • Cost estimating services. • Multiple bid or phased permit drawings not identified in the Proposal above. • Special Inspections. • Design of site structures or their foundations for elements not identified such as fences, sidewalks, water features, signage, etc. • Crane foundation and structural design modification to accommodate placing boom. • Special studies including wind tunnel testing, etc. • The design and detailing of other load-resisting elements that are typically the responsibility of a Delegated Engineer, such as steel stairs, railings, storefront, exterior light gage, specialty aluminum canopies or trellises, and mechanical unit supports or tie downs. • Design and Shop Drawings for shoring, bracing, and formwork, etc. • Production of shop drawings for any structural elements, such as structural steel, reinforcing steel, port-tensioning, etc. • Design and detailing of amphitheater canopy, slide platform and canopy walk, playground shade structure, picnic shelter, tensile fabric structure, prefabricated pedestrian bridge structure, stacked block retaining wall and any other structure which is intended to be designed, detailed, fabricated and erected by a specialty contractor. Section 680- Architecture Associated Services The following tasks will be provided in association with the Architecture services. Task 681- Theater Design Services Theater design services will be provided by Schuler Shook as a sub-consultant to Stantec with architectural, electrical and structural support by Stantec. Proposed scope of services is attached. Task 682- Acoustic Design Services Acoustic design services will be provided by Siebein Associate, Inc. as a sub-consultant to Stantec with architectural, electrical and structural support by Stantec. Proposed scope of services is attached. Task 683- Life Safety Services Life Safety services will be provided by SLS Consulting, Inc. as a sub-consultant to Stantec with architectural support by Stantec. Proposed scope of services is attached. Imagine Clearwater Design and Construction Support Services 36 of 49 7/12/2019 Stantec SECTION 700- LIBRARY RENOVATIONS Overview • The proposed project is expansion of the existing 98,500+ library building located on an approximately 6.5 acre parcel of land owned by the City of Clearwater, located at the southwest corner of the intersection of Drew Street and Osceola Avenue, in Clearwater, Florida. Project expansion area identified on Feasibility Study graphic(s) supplied by Project Architect. • It is understood that the Owner (City of Clearwater) desires to renovate the existing Downtown Main Library building, open spaces, and streetscape/plaza areas. • Limits of the site improvements are to back of the sidewalks of N. Osceola Avenue on the eastside, north building face on the northside, back of future Bluff Walk of Imagine Clearwater on the westside, and back of the curb of the drop off lane on the southside. As part of the Imagine Clearwater, the south area will be modified separately. • The Client has identified the Owner’s construction budget for the open spaces, and streetscape/plaza areas improvements to be approximately $150,000. Stantec scope of services is in support of the Project Architect (Williamson Dacar & Associate) are based upon this amount. Stantec will reevaluate the proposed scope should the construction budget is increased by the Owner or Client. • The following scope of services are proposed as per Client’s request and based on the Feasibility Study developed by Williamson Dacar & Associates. Task 710 – Library WDA Architecture Architectural and engineering design services for the renovation of the City of Clearwater Main Library will be provided by Williamson Dacar & Associates SLS Consulting, Inc. as a sub-consultant to Stantec with Civil Engineering and Landscape Architecture services by Stantec. Proposed scope of services is attached. Task 720 – Library Civil Engineering Pre-Application Meetings Stantec will set-up and attend pre-application meetings with the City of Clearwater in an effort to determine the design and review/approval requirements for civil/site engineering aspects of the project. Initial Investigations/Schematic Civil Design Stantec will perform initial investigations and schematic/preliminary design services for the proposed civil/site engineering sitework improvements. This will be for the purpose of understanding existing site conditions, defining the nature and extent of the improvements and assisting the project team in developing a refined site plan layout and establishing the project phasing. This will include: • Sidewalks and open areas – Review the preliminary layout of the sidewalks, connections to existing sidewalks, and ADA accessible routes for the project, with consideration to the City requirements. Imagine Clearwater Design and Construction Support Services 37 of 49 7/12/2019 Stantec • Grading – Establish, on a preliminary basis, the approximate proposed grades of the proposed improvements (based on the best available information). • Stormwater/Drainage – It is assumed that there will not be any required improvements of the site stormwater system. It is also assumed that roof drainage of the expansion areas will be discharge similar to the existing system and site improvements will not be required, • Water and Sewer – It is assumed that water and sewer improvements will be internal to the building, as required, and will not require any improvements outside of the footprint of the building. • Franchise Utilities – It is assumed that all franchise utilities (power, communication, and gas) improvements will be internal to the building, as, required, and will not require any improvements outside of the footprint of the building. Design Phase Services Stantec will perform design services for the civil/site improvements based on the preliminary plan approved by the Client. Plans will be prepared in an AutoCAD; Version 2017 format and digital CAD files will be provided to the design team as appropriate. Design activities will also include preparation of the engineering analysis and/or calculations to support the design and construction plans. Technical notes and material specifications for the site/civil improvements will be provided on the plans. These services will be performed for the following elements of the project site development: Civil/Site Plans Stantec will prepare civil construction plans for the various on-site improvements as per approved preliminary plan. All construction drawings will be prepared in accordance with local development criteria for the City of Clearwater standards. Plans will be prepared on twenty-two inch by thirty-four inch (22”x34”) sheet size at an appropriate scale. All review plan submittals will be distributed on eleven inch by seventeen inch (11”x17”) sheet size. Project Meetings and Coordination Stantec will attend and participate in up to two (2) web-based calls and one (1) in person meeting during the pre-design phase.; additional meetings during the final design phase will be considered an additional service. Civil/Site Permitting Permit Applications and Initial Submittals Stantec will prepare the permit application, plans and supporting documents for submittal to the appropriate agencies or departments. Stantec will set-up and attend submittal conferences with permitting agencies as appropriate. Submittals for approval will be made to the following agency: • City of Clearwater – Flexible Development Application Imagine Clearwater Design and Construction Support Services 38 of 49 7/12/2019 Stantec • Southwest Florida Water Management District (SWFWMD) – No permit required notification Client will be responsible for all application, connection and impact fees. Agency Meetings, Negotiations and Re-Submittals Stantec will meet and negotiate with agency representatives having concerns during the review/approval process. Stantec will complete additional design revisions based on the agreements reached during the agency meetings and resubmit the plans and supporting documents for final approval. It is assumed this Scope and Fee includes up to one (1) resubmittal, if required, to City of Clearwater. Additional resubmittals due to design changes by project design team and/or any other reasons beyond the control of Stantec will be considered an additional service. Construction Phase Services Stantec will provide limited construction phase services for construction of the civil improvements of the project. Pre-Construction Conference- Stantec will prepare for and attend one (1) pre- construction meeting for the project. Contractor will be responsible to schedule this meeting and invite the attendees. Shop Drawings and Submittals- Stantec shall review shop drawings, results of tests and inspections, and other data related to site development, which the Contractor is required to submit. The acceptability of substitute materials and equipment proposed by Contractor will be reviewed and submitted to the entities that may be affected by such a modification. It is the Contractor’s responsibility to provide all documentation required to prove the substitute material in the same or better than the material specified. Significant changes/modifications, or special negotiations with the agencies are not included. It is assumed all submittals will be made in a timely manner allowing Stantec a minimum of one (1) week of review time. It is also assumed that no more than twenty- five (25%) percent of submittals will require re-submittal. Stantec will coordinate shop drawing review with the city of Clearwater. Mix designs for asphalt pavement, concrete pavement, or concrete curbs will be reviewed by the Client’s geotechnical engineering consultant. Limited Construction Observation- Stantec staff will conduct field visits to monitor general progress and compliance of the work with the approved plans and specifications. This will include observation of the site related improvements. It is anticipated that construction observation visits will occur at appropriate intervals during the active sitework construction period of sixty (60) days. This scope of services anticipates that construction observation visits will be up to a maximum of three (3) construction observation site visits. Stantec will prepare a field observation report including observations of work in progress, deviations from the approved construction plans and permit conditions, results of testing witnessed and any other pertinent information. The field observation reports will be submitted to the Client and the Client’s contractor for review and use. Imagine Clearwater Design and Construction Support Services 39 of 49 7/12/2019 Stantec Stantec will not, during the site observation visits or as a result of such observations of the Contractor(s) work in progress, supervise, direct or have control over Contractor(s) work nor will Stantec have authority over or responsibility for means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, Stantec can neither guarantee the performance of the construction contracts by the Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the plans. Assistance During Construction- Stantec will respond to questions from the contractor during construction. Stantec will respond to official requests for information (RFI) from the contractor regarding sitework issues. Stantec will attempt to clarify the intent of the plans and specifications, provide interpretation of the plans, answer questions from the general contractor and the Client’s construction manger Attending regular progress meetings in the field are not anticipated, but can be provided as part of this scope of services, if requested by the Client. Final Inspection- Stantec staff will conduct one (1) final site visits to observe specific project Infrastructure improvements. Task 730 LIB Landscape Architecture Services Stantec shall provide design services for the landscape architectural components of the Downtown Main Library in the City of Clearwater, Florida. The redevelopment of the existing facility includes as is limited the following areas as identified on the feasibility study diagram. ▪ North Library Access/Back of House ▪ Future Restaurant/Expansion Area ▪ Northwest Outdoor Terrace ▪ West Façade Green Area ▪ South Library Entrance Plaza ▪ Osceola Avenue Streetscape ▪ East Library Entrance Design services for Schematic Design, Design Development and Construction Documentation are included as part of this scope. The final submittal will be the 100% Construction documents for review, permitting, and Construction. Drawings will include hardscape treatments, site furnishings, construction detailing, tree mitigation/preservation (if necessary), landscape planting plans, as well as irrigation system design. More detailed information in scope is listed below in the associated tasks. Exclusions for this Scope of Services include the following list below. These services can be incorporated into the Scope as an additional service at Client request. ▪ Photometric Design and Plans ▪ Electrical Design and/or Engineering ▪ Structural Design and/or Engineering ▪ Rooftop Deck Level Design ▪ Signage/Wayfinding Design ▪ Professional renderings or 3-D Models ▪ Book Format Written Specifications Imagine Clearwater Design and Construction Support Services 40 of 49 7/12/2019 Stantec ▪ Specialty Subconsultants (i.e. Fountains, Pools, Lighting) ▪ Weekly or Routine Team meetings ▪ Cost Estimating Schematic Design (30% Design Phase) Based on the Feasibility Study, the Schematic Design phase shall help to establish a vision for the proposed landscape (hardscape and softscape) for the Project. It is anticipated that these studies, illustrative in nature, will advance the overall design and help establish design direction for the project, conveying location, character and quality of landscape to be achieved. As part of this work Stantec will perform and is limited to the following tasks: ▪ Finalize Program Elements for each plaza/terrace space ▪ Prepare illustrative plan drawings, elevations, sections, and three-dimensional sketches to further detail and communicate character, scale, and spatial intent of park amenities ▪ Develop sketch details or utilize reference imagery and photography to illustrate the key components and material personality of the built environment ▪ Create a preliminary materials palette for the hardscape and softscape throughout the project Design Development Plans (60% Design Phase) With approval of the schematic design, Stantec will begin Design Development (DD) studies for the Landscape Architectural portions of the work. The Design Development plans and sketches will further define the character and essentials of the project, including a preliminary selection of materials. As part of this work for each component area of the overall park Stantec will perform and is limited to the following tasks: ▪ Prepare an initial Tree Protection/Removal Plan (if necessary) ▪ Develop a Hardscape Plan depicting proposed materials, components, and site furnishing locations ▪ Establish an initial Grading Plan for elevations, slopes, and level changes ▪ Further refine enlargement drawing elevations, sections, and three-dimensional sketches to communicate finish, scale, and spatial intent. ▪ Prepare a General Planting Plan identifying location of trees, shrubs, vines and groundcover. ▪ Preparation of DD level details, sections, and elevations Construction Documents (90% - 100% Design Phase) Based upon the approved Design Development Plans, Stantec shall prepare the necessary plan drawings, details, materials schedules, and technical specifications to permit and construct the landscape architectural elements of the Imagine Clearwater Waterfront Park Project. The following points clarify the extent of the landscape architecture task for this phase of services: ▪ Update the Tree Protection/Removal Plan (if necessary) ▪ Further Define the Hardscape plans depicting proposed materials, components, and site furnishing locations ▪ Prepare construction level details for all hardscape components ▪ Develop a Materials Schedule for Hardscape materials and finishes Imagine Clearwater Design and Construction Support Services 41 of 49 7/12/2019 Stantec ▪ Assist the Civil Engineering Team in the development of all fine grading and review of any grading plans depicting elevations, slopes, and level changes ▪ Prepare plan enlargement drawings, elevations, sections, and three-dimensional sketches to communicate finish, scale, and spatial intent. ▪ Prepare detailed Planting Plans and Plant Schedule showing size, location, quantity, and type of all landscape material, including common and scientific names ▪ Prepare planting details outlining planting procedures, and staking, guying, etc. ▪ Develop an irrigation plan that comprehensively defines all irrigation infrastructure requirements, locations, and sizes for all components, and plan layout for each irrigation zone ▪ Prepare irrigation construction details for the plan components above Clarifications 1. The Client as coordinated by the project Architect will provide the following: ▪ The services of a geotechnical engineering consultant registered in the State of Florida to provide testing during construction ▪ All submittal, application, or review fees required by governmental agencies 2. The following services are not included in the Scope of Services of the Library Renovation Tasks of Stantec (720 & 730): ▪ Design and permitting of any off-site improvements not specifically included herein ▪ Preparation of applications for rezoning, land use amendments, or variances except as specifically described herein ▪ Services associated with hazardous materials ▪ Preparation of technical specifications other than those specifications shown on the construction plans or as noted in this Scope of Services ▪ Preparation of bid package ▪ Preparation of an application for an irrigation water meter ▪ Construction plans or permit revisions, required as a result of program or design changes made by others after the Stantec work effort has commenced and/or after Stantec has made submittals to the agencies. This includes overall site plan or program changes. ▪ Preparation of colored renderings, special graphics, or exhibits for presentations to any governmental agency or third party ▪ Permits that are not specifically listed in the Scope of Services ▪ Out-of-town travel beyond the Tampa Bay area However, Stantec will provide these services if they are part of the Imagine Clearwater under other tasks of this proposal. Otherwise, if desired and requested by the Client, Stantec will provide services that are not part of Imagine Clearwater as additional services. TASK 890 – CONTINGECY SERVICES If requested, Stantec and other team members will provide other assistance and support to the Client on an as needed basis. This may include, but not be limited to coordination of improvements by others, meetings with parties other than identified in this Scope, special negotiations, etc. An estimated Fee Allowance is based on ten (10%) percent of the total Fee is Imagine Clearwater Design and Construction Support Services 42 of 49 7/12/2019 Stantec established. In the event that additional work efforts are needed that were not included in the original work order, a specific Scope of Service and a Fixed Fee amount will be established for the Client’s approval prior to execution of the work. Any approved services will be invoiced monthly as percentage of the task budget TASK 900 – Expenses Project related expenses such as blueprints, normal/customary reproduction services, out of region travel, lodging, subsistence, postage; shipping, report, drawing and/or specification reproduction are all reimbursable expenses. Out-of-pocket reimbursable expenses will be invoiced as percentage of the task budget with back up provided. General Conditions and Understandings: • It is assumed that the City will assign a single project manager to serve as the primary point of contact (POC) for the purposes of coordinating the project review through various City Departments. • It is anticipated that topographic and boundary surveying services required for the proposed project will be provided by the City and coordinated by Stantec. All survey documents are anticipated to be provided in Civil 3D latest version. Required survey information include, but not limited to; topographic in state plane coordinate, boundary, all easements, tree, etc. • It is anticipated that City will provide the results of title search of all the parcels and easements within the project limits to identify any associated limitation/restrictions. • City project manager will assist Stantec in obtaining design information from private developments and all the City Departments. • Due to the accelerated schedule of the project, it is anticipated that the City will arrange for a single review meeting at each submittal phase. At these meetings, all review comments are provided by the City staff for resolution. Client and City Project Managers will attend these meetings to confirm resolution of all comments. • Client will provide Stantec with project objectives and requirements as well as any available information pertaining to the Project. • A detailed schedule will be developed after the NTP is issued. This schedule will be based on project information to be provided by the City and overall project goals coordinated with the required permitting timelines. • CITY requires a “fast track” approach to meet the anticipated scheduling objectives. This will likely require initiating certain tasks/activities, prior to completion of other prerequisite/predecessor tasks as would be done in a conventional/non-fast tract scenario. Excluded Services: The Professional Services that Stantec will provide under this Proposal/agreement include, and are limited to, those described above in the Scope of Services. All other services including, but not limited to, the following are specifically excluded, but may be authorized as Additional Services: • Demolition and/or remediation of any structures, including City Hall, etc. • Transportation planning, traffic counts, etc. • Regional floodplain analysis, or compensation • Federal Emergency Management Agency (FEMA) Floodplain Permitting – Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) • All services associated with hazardous materials Imagine Clearwater Design and Construction Support Services 43 of 49 7/12/2019 Stantec • Visual Animations • Preparation of off-site improvements plans. If requested by the Client, Stantec may provide some of the above referenced “excluded” services as an amendment to this agreement. Attachments: Attachment “A” City of Clearwater- Work Order Initiation Form- City Deliverables Attachment “B” Fee Estimate Attachment “C” Stantec Schedule of Hourly Rates Attachment “D” IC Validated Master Plan with Phasing Sub-Consultants Attachment “E” Terracon (Geotechnical Engineering) Attachment “F” Moffat & Nichol (Coastal/Mar. Eng.) Attachment “G” Aquatic Design & Engineering, Inc. (Fountain Design) Attachment “H”- Schuler Shook (theatre) Attachment “I” Siebein Associates (Acoustics) Attachment “J” SLS Consulting (Life Safety) Attachment “K” Williamson Dacar Associate (Library Renovation Architecture) 3. PROJECT GOALS: The overall purpose of the City of Clearwater’s Imagine Clearwater – Design and Construction Consulting Services project is to provide design and construction consulting support services for Phase 1 and 2 of the Imagine Clearwater Project. Engineering services shall include the development of all designs necessary to complete Phase 1 and 2 of the Project. Timing within Phase 1 shall be developed by the CM to maintain the existing concert venue until The Green is complete. A general summary of anticipated services includes, but is not limited to construction drawings, specifications, bid documents, as needed permit acquisition and post design construction services through the duration of the project. Construction services shall include shop drawing review, responding to RFI’s, inspecting critical portions of the project, conducting regular progress meetings with stakeholders, preparing as-built drawings, certifying completed work as necessary and closeout of all permits. 4. BUDGET: Stantec proposes to provide the services identified under the scope of services per the enclosed Attachment “B” Fee Estimate. The total fee shown in Attachment “B” is for both phases of the project. The budget request for this WO is only for Phase 1. This price includes all labor and expenses anticipated to be incurred by Stantec for completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task for a fee not to exceed five million six hundred forty-four thousand and three hundred twenty-two Dollars ($5,644,322). Services associated with the Construction Administration is proposed to be invoiced on a time and material basis per the enclosed Attachment “C” Stantec Schedule of Hourly Rates. Imagine Clearwater Design and Construction Support Services 44 of 49 7/12/2019 Stantec 5. SCHEDULE: The proposed estimated duration of the tasks of the project for Design, permitting and Construction are as per the following: Activity Duration Schematic Design 8 weeks Design Development 12 Weeks Construction Documents 90% CD 12 weeks 100% CD 2 weeks Construction 16 Month (to be confirmed by CM) Total project time will be the durations identified above plus the review periods. Site permitting will be parallel to the design effort after the approval of the Design Development Phase. However, the total project duration will be plus some permitting time. Stantec team will work with CITY to prepare a detailed design and permitting schedule with consideration to review times, etc. Schedule will be adjusted in coordination with the CM to be incorporated to the over all project delivery schedule. 6. STAFF ASSIGNMENT (Consultant): Stantec Team David Kemper, PE – Managing Principal Hamid Sahebkar, PE – Project Manager / Engineering Principal Daryl LeBlanc, AIA – Architect Principal Greg Meyer, RLA – Landscape Architect Principal Kyle Steele, RLA – Landscape Architect James Townsend, PE- Civil Engineer Jim Ordija, PE- Structural Engineer Matt Donolli, PE- MEP Engineer Mark Foster, PSM- Survey/SUE Subconsultants Terracon- Geotechnical Engineering Subconsultant Moffat & Nichol – Marine Engineering Subconsultant Aquatic Design & Engineering, Inc. - Fountain Design Subconsultant Shuler Shook – Theater Design Subconsultant Siebein & Associates – Acoustic Subconsultant SLS Consulting- Life Safety Subconsultant Williamson Dacar Associates Library Architecture Subconsultant 7. CORRESPONDENCE/REPORTING PROCEDURES: All ENGINEER’s project correspondence shall be directed to: Hamid Sahebkar, PE with copies to others as may be appropriate. Imagine Clearwater Design and Construction Support Services 45 of 49 7/12/2019 Stantec All CITY project correspondence shall be directed to: Timothy M. Kurtz, RLA, ASLA 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 Attention: 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: __ENGF180013-DSGN-PROSVC___________________________ 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 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: __________________ ___________________ David A. Kemper, PE Tara L. Kivett, PE Senior Principal City Engineer Stantec Consulting Services Inc. City of Clearwater ___________________ ___________________ Date Date CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM 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” Imagine Clearwater Design and Construction Support Services 47 of 49 7/12/2019 Stantec TASK Activity Total Fee DESCRIPTION Phase 1 Phase 2 By Task 200 PROJECT MANAGEMENT 205 Project Management $54,000 $23,900 $77,900 206 Project Meetings $66,000 $30,000 $96,000 207 Project Coordination $55,100 $26,500 $81,600 208 City Council / Public Meeting $37,000 $9,500 $46,500 Subtotal Task 205-208 $212,100 $89,900 $302,000 400 CIVIL ENGINEERING SERVICES 410 Civil Engineering SD $195,900 $195,900 420 Civil Engineering DD $259,700 $259,700 430 Civil Engineering CD 431 Civil Engineering CD Phase 1 $156,600 $156,600 432 Civil Engineering CD Bandshell $41,300 $41,300 433 Civil Engineering CD Phase 2 $106,500 $106,500 440 Site Permitting Services 441 Permit Applications and Initial Submittals $27,000 $8,800 $35,800 442 Agency Meetings and Negotiations $50,000 $15,600 $65,600 450 Civil Engineering CA Services 451 Civil Engineering CA Phase 1 $97,600 $97,600 452 Civil Engineering CA Bandshell $15,800 $15,800 453 Civil Engineering CA Phase 2 $66,300 $66,300 Subtotal Task 410 - 453 $843,900 $197,200 $1,041,100 460 Civil Engineering Associated Services 461 Surveying Subsurface Utility Designation $30,000 $30,000 462 Surveying Vacuum Excavation $16,000 $16,000 Subtotal Task 461 - 462 $46,000 $46,000 470 Terracon_Geotechnical Engineering Services $37,700 $37,700 480 Moffatt & Nichol_ Water Steps Engineering Services $79,000 $79,000 500 LANDSCAPE ARCHITECTURE SERVICES 510 LA SD $172,100 $172,100 520 LA DD $378,700 $378,700 530 Landscape Architecture CD 531 LA CD Phase 1 $324,700 $324,700 532 LA CD Phase 2 $160,800 $160,800 533 LA CD Phase Bandshell 540 LA Permitting $41,000 $10,700 $51,700 CD/CA Attachment "B" Fee Estimate July 10, 2019 PROFESSIONAL ENGINEERING CONSULTANT SERVICES City of Clearwater Imagine Clearwater Implementation Design, Permitting and Construction Services Attachment “B” Imagine Clearwater Design and Construction Support Services 48 of 49 7/12/2019 Stantec TASK Activity Total Fee DESCRIPTION Phase 1 Phase 2 ByTask 550 Landscape Architecture CA Services 551 LA CA Phase 1 $72,700 $72,700 552 LA CA Phase 2 $37,300 $37,300 553 LA CA Phase Bandshell Subtotal Task 510 - 553 $989,200 $208,800 $1,198,000 Landscape Architecture Associated Services 560 Site Lighting Services $49,400 $14,200 $63,600 570 ADE_Fountain Design Services $58,242 $21,548 $79,790 600 ARCHITECTURE AND INTERIOR DESIGN 610 Architecture SD $163,200 $163,200 615 Renderings $77,000 $77,000 620 Architecture DD $376,700 $376,700 630 Architecture CD $0 631 Architecture CD Phase 1 $189,200 $189,200 632 Architecture CD Bandshell $177,400 $177,400 633 Architecture CD Phase 2 $71,500 $71,500 640 Architecture Permitting Services $10,720 $2,680 $13,400 650 Architecture CA Services $0 651 Architecture CA Services Phase 1 $124,100 $124,100 652 Architecture CA Services Bandshell $142,300 $142,300 653 Architecture CA Services Phase 2 $55,100 $55,100 Subtotal Task 610 - 653 $1,260,620 $129,280 $1,389,900 660 MECHANICAL, ELECTRICAL AND PLUMBING ENGINEERING 661 MEP SD $36,000 $36,000 662 MEP DD $60,000 $60,000 MEP CD 663 MEP CD Phase 1 $33,800 $33,800 664 MEP CD Bandshell $33,200 $33,200 665 MEP CD Phase 2 $17,000 $17,000 666 MEP Permitting $9,600 $2,400 $12,000 MEP Construction Administration 667 MEP CA Phase 1 $19,300 $19,300 668 MEP CA Bandshell $19,000 $19,000 669 MEP CA Phase 2 $9,700 $9,700 Subtotal Task 661 - 669 $210,900 $29,100 $240,000 670 STRUCTURAL ENGINEERING 671 Structural SD $102,000 $102,000 672 Structural DD $106,300 $106,300 Structural CD 673 Structural CD Phase 1 $71,500 $71,500 674 Structural CD Bandshell $34,400 $34,400 675 Structural CD Phase 2 $18,300 $18,300 676 Structural Permitting $20,480 $5,120 $25,600 Structural CA Services 677 Structural CA Phase 1 $58,700 $58,700 678 Structural CA Bandshell $30,800 $30,800 679 Structural CA Phase 2 $16,400 $16,400 Subtotal Task 671 - 679 $424,180 $39,820 $464,000 CD/CA Attachment “B” Imagine Clearwater Design and Construction Support Services 49 of 49 7/12/2019 Stantec TASK Activity Total Fee DESCRIPTION Phase 1 Phase 2 By Task 680 Architectural Associated Services 681 Schuler-Shook-Theater Design Services $227,600 $227,600 682 Siebein-Acoustic Design Services $179,480 $179,480 683 SLS-Life Safety Services $42,500 $42,500 700 LIBRARY RENOVATIONS 710 LIB-WDA-Architecture-$469,000 $469,000 720 LIB-Civil Engineering $22,000 $22,000 730 LIB-LA $16,500 $16,500 Subtotal Task 710-730 $507,500 $507,500 SUBTOTAL $5,168,322 $729,848 $5,898,170 $420,000 $120,000 $540,000 $56,000 $14,000 $70,000 $5,644,322 $863,848 $6,508,170TOTAL FEE 890 CONTINGENCY (W/ CITY STAFF APPROVAL) 900 REIMBURSABLE EXPENSES CD/CA Attachmnet "D" DREW ST PIERCE ST CLEVELAND ST N OSCEOLA AVE MEMORIAL CSWY N FORT HARRISON AVE AERIAL MAP PROJECTSITE ^ ² N.T.S.Scale: Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Imagine Clearwater Page 1 of 1Aerial Flown 2019 Date:7/12/2019KNMap Gen By:TKReviewed By:16-29s-15eS-T-R:286BGrid #: Document Path: V:\GIS\Engineering\Location Maps\Imagine_Clearwater_8 X11_Portrait.mxd ICD Validation Plan Green Osceola Ave Drew StCleveland StPierce StLake Bluff Walk South Bluff Walk North Coachman Garden Civic Gateway DRAFT Citizen Comment Card Name: Address: 2Z4,/ City: Zip: Telephone Number: Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak: /0 What is your position on the item? For Against Name: Citizen Comment Card Address:3 .`418 X,44-&-c5";,44w2,4-x/L- City 3322 Telephone Number: 47-).7 17/ 94n a Email Address: r'Y/ 3(46;)?7' '2' atft=. Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. /O'/ What is your position on the item? For Against X Citizen Comment Card Name: '6/ 1_ v D COA) Address: kr__ F It city: CA -E 40@ct/y4TE . zip: 33 7 ( Telephone Number: 7Z 7 — 07\5 - EmailEmail Address: /L,L d4.2 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. U1 What is yourJ'osition on the item? For 4) C-AeIVYLEAITS x Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 19-11 Agenda Date: 7/18/2019 Status: City Manager ReportVersion: 1 File Type: ResolutionIn Control: Planning & Development Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Authorize a Community Aesthetic Features Agreement between the City of Clearwater and the Florida Department of Transportation for a local identification marker (city logo) on a new pedestrian overpass bridge at Harn Boulevard and US 19 and adopt Resolution 19-11. SUMMARY: As Clearwater redevelops and grows, opportunities arise to increase public recognition and community pride in the city. Branding and wayfinding enhancements to transportation facilities and infrastructure are important components of these goals and also serve to guide customers and visitors to their destinations. As a southern gateway into the city, the pedestrian overpass of US 19 at Harn Boulevard to be constructed by the Florida Department of Transportation (FDOT) offers this type of opportunity. The City is proposing to have a city identification sign affixed to the pedestrian guardrail on the south facing side of the new overpass when constructed. As shown in the Community Aesthetic Features Agreement (CAFA), the sign will feature the city logo with the tag line “Bright and Beautiful, Bay to Beach” underneath. The agreement provides FDOT with the design, evidence that the city will be responsible for maintaining the sign and establishes a deposit of $15,000 that the city will pay to return the bridge to its originally designed condition if the sign needs to be removed. By passing Resolution 19-11, City Council is approving the Community Aesthetic Features Agreement (Exhibit A) and the information contained within. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-92842, US 19 Wayfinding, to fund this agreement. Page 1 City of Clearwater Printed on 7/17/2019 Resolution No. 19-11 1 RESOLUTION NO. 19-11 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A COMMUNITY AESTHETIC FEATURES AGREEMENT, AS ATTACHED IN EXHIBIT A, BETWEEN THE CITY OF CLEARWATER (THE CITY) AND THE FLORIDA DEPARTMENT OF TRANSPORTATION THAT PROVIDES FOR THE INSTALLATION AND MAINTENANCE OF THE LOCAL IDENTIFICATION MARKER AFFIXED TO THE US 19 PEDESTRIAN OVERPASS AT HARN BOULEVARD; AUTHORIZING THE C I T Y MA N A G E R OR DESIGNEE TO EXECUTE THE COMMUNITY AESTHETIC FEATURES AGREEMENT, AND ALL OTHER DOCUMENTS NECESSARY TO EFFECTUATE THIS TRANSACTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, US 19 as the primary north-south corridor in the city of Clearwater (city) is owned and operated by the Florida Department of Transportation (FDOT) on behalf of the state of Florida; and WHEREAS, the construction of a pedestrian overpass of US 19 at Harn Boulevard provides the opportunity to affix a Local Identification Marker (Sign) to the overpass structure; and WHEREAS, the city recognizes the important role of branding and wayfinding signage on major roads to civic pride, placemaking, and supporting tourism; and WHEREAS, in order to affix a city of Clearwater Sign to the pedestrian overpass in the right-of-way, FDOT requires the city to enter into a Community Aesthetic Feature Agreement (CAFA) that provides for the design, installation and maintenance of the Project, which includes a conceptual submittal and a final plan submittal phase; and WHEREAS, the city in consultation with FDOT has selected a design and completed the Concept Phase as shown in Exhibit B, and now desires to complete the Final Phase of the CAFA approval process by submitting the CAFA and the signed approval letter included herein; and WHEREAS, under the terms of the CAFA, the city will perform any future maintenance including cleaning and replacement of damaged or deteriorating materials to the Sign at city cost; and WHEREAS, under the terms of the CAFA, the city must pay for the costs of removal of the Project and restoration of the right-of-way ("Removal and Restoration") upon the expiration or earlier termination of the CAFA; and WHEREAS, the Administration has determined that $15,000 is an amount sufficient to cover the costs to FDOT pursuant to the CAFA, and Resolution No. 19-11 2 WHEREAS, FDOT has requested that the city sign and deliver to FDOT the CAFA and adopt a Resolution approving the same, and WHEREAS, these documents requested by FDOT are signed and contained within as part of this resolution; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City approves the Community Aesthetic Features Agreement, as attached in Exhibit “A,” accepting the rights and responsibilities provided for in the Agreement and authorizing appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to transmit a copy of this Resolution and the signed CAFA to the Secretary for District Seven of FDOT no later than fourteen (14) days after the Resolution and agreement are signed. PASSED AND ADOPTED this _______ day of _____________, 2019. ________________________ __________________________ William B. Horne, II George N. Cretekos City Manager Mayor Approved as to form: Attest: ________________________ __________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMMUNITY AESTHETIC FEATURE AGREEMENT 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 1 of 12 State Road/Local Road SR55/US19 Section No. 15150000 CAFA No. This Community Aesthetic Feature Agreement (“Agreement”) is entered into this day of , between the State of Florida, Department of Transportation (“Department”) and The City of Clearwater (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: Public Art, Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road SR55/US19 Bridge # TBD at MP17.282 in Pinellas County, Florida (“Project”). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement (“Effective Date”) and continue through July 1, 2069 , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within 4 years, 3 mo. (1,550) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: Public Art, Local Identification Marker], as more fully described in the plans in Exhibit “A”, attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit “D”. The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency’s property. However, this permissive use of the Department’s right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department’s right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department’s District Design Engineer, located at c/o Chris Gregory 5211 Ulmerton Road, MS 7-1210, Clearwater, FL 33760 . The Department will review the plans for conformance to the Department’s requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer’s responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department’s requirements, and the Department expressly 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 2 of 12 disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department’s review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (“MOT”) throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department’s Construction Project Manager, Julie Ostoski , at (727) 575-8300 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department’s right-of-way to install the Project (see attached Exhibit “B” Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department’s right-of-way nor the placing of facilities upon Department’s right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department’s right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of the Department’s right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public’s safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency’s sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit “C”. i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department’s right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional’s Certification of Compliance, signed and sealed by the responsible professional for the project, the form of which is attached to this 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 3 of 12 Agreement as Exhibit “E”. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor’s/ subcontractor’s/ consultant’s/ subconsultant’s property, machinery, and equipment from the Department’s right-of-way and shall restore those portions of the Department’s right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency’s sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice to complete the Project and provide the Department with written notice of the same (“Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. l. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Cleaning, painting, repair and maintenance, and replacement of damaged and/or deteriorating materials m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ 15,000.00 . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: . n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department’s sole discretion, and at the Agency’s sole cost. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 4 of 12 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force during the period 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 injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department’s current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT 7 PROGRAM MANAGER Chris Gregory, Pinellas Maintenance Unit Permits Administrator 5211 Ulmerton Road, MS 7-1210, Clearwater, FL 33760 Phone: (727) 575-8310 Fax: City of Cleawater COUNTY [OR CITY], FLORIDA Tara Kivett, Engineering, Director Email: Tara.Kivett@myclearwater.com Phone: 727-562-4758 Fax: 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 5 of 12 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. 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 thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list 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. The Agency further agrees 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 6 of 12 that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney’s fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency’s obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party’s legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 7 of 12 Section No. 15150000 CAFA No. AGENCY City of Clearwater Engineering Department By: Print Name: Tara Kivett, P.E. Title: Engineering, Director As approved by the Council, Board, or Commission on: Attest: Legal Review: City or County Attorney DEPARTMENT State of Florida, Department of Transportation By: Print Name: Title: Date: Legal Review: 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 8 of 12 Section No. 15150000 CAFA No. EXHIBIT “A” PROJECT DESCRIPTION I. SCOPE OF SERVICES As requested by the City of Clearwater, a wayfinding signage will be attached on the south side of the fence enclosure to enhance the aesthetics into the Clearwater city limits. The aesthetics will consist of a symbol and the city’s name, “Clearwater” and the tag line "Bright and Beautiful - Bay to Beach", on the south facing side of the pedestrian bridge. Refer to the attached sketch of the proposed signage provided by the City of Clearwater. The signage will be made of aluminum channel letters with 6” return and reflective vinyl. The fence enclosure will be designed to support the extra loading of the aesthetics. The City of Clearwater indicated that the signage will not be illuminated. The blue color used at the US 19 over SR 60 interchange for the steel girders will be used for the prefabricated steel truss. See Section 3.1.4 of the FDOT Bridge Develoipment Report (BDR) for more discussion on coating and painting] II. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Adam McLaughlin , P.E./R.L.A./Architect and dated 07/31/2018 . Any revisions to these plans must be approved by the Department in writing. OPTION 1 Front View: BRIDGE.1 SCALE: 1/8" = 1'-0"1 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 9 of 12 Section No. 15150000 CAFA No. EXHIBIT “B” SPECIAL PROVISIONS Add any language or legal revisions here that amends the CAFA requirements 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 10 of 12 Section No. 15150000 CAFA No. EXHIBIT “C” TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT Exhibit "C" is not applicable to this agreement. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 11 of 12 Section No. 15150000 CAFA No. EXHIBIT “D” AGENCY RESOLUTION Insert copy of signed resolution 19-11 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 12 of 12 Section No. 15150000 CAFA No. EXHIBIT “E” NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL’S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and The City of Clearwater PROJECT DESCRIPTION: City of Clearwater wayfinding sign affixed to FDOT Harn Blvd, pedestrian overpass In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Tara Kivett, P.E. Title: Engineering, Director RESPONSIBLE PROFESSIONAL’S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans certified by the Engineer of Record. By: SEAL: Name: Date: