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05/18/2020Monday, May 18, 2020 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda May 18, 2020Council Work Session Work Session Agenda To ensure public safety and comply with the Governor's Safer at Home order in response to the COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, May 18, 2020 at 9:00 a.m. using communications media technology. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20, 2020, municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The meeting will be held through the Zoom platform and will be broadcast live on the city's website (https://www.myclearwater.com/government/council-meeting-streaming-videos), o n F a c e b o o k ( w w w . f a c e b o o k . c o m / c i t y o f c l e a r w a t e r ) a n d o n Y o u T u b e (www.youtube.com/myclearwater) as well as the following public access TV channels: Spectrum Channel 638, Frontier Channel 30 and WOW! Channel 15. Individuals with disabilities who need reasonable accommodations to effectively participate in this meeting are asked to contact the City Clerk at (727)562-4092 or rosemarie.call@myclearwater.com in advance. 1. Call to Order 2. Engineering Approve Change Order One to Waterfront Engineering, Inc., of Tampa, FL, for $51,469 for the 2019 City Seawall Project (19-0021-EN), increasing the contract from $254,710.50 to $306,179.50, and authorize the appropriate officials to execute same. (consent) 2.1 Approve an increase to Purchase Order No. 19000740 to Engineered Spray Solutions LLC of Lakeland, FL, for 2018 Sewer Point Repairs and Improvements Section D4 Manhole Surfacing Polyurethane (17-0060-UT), from $400,000 a year to a not to exceed amount of $950,000 a year for years two through four, increasing four-year term total from $1,640,000 to $3,290,000, February 1, 2019 through January 31, 2023, and authorize the appropriate officials to execute same. (consent) 2.2 Approve a Business Lease Contract between the City of Clearwater (City) and Hope Academy International, LLC (tenant) for the use of a city-owned lot located at 918 Palmetto Avenue and authorize the appropriate officials to execute same. (consent) 2.3 Accept a utility easement from Florida Spine Properties, LLC for the construction, installation, and maintenance of city utility facilities on real property located at 2251 Drew Street and adopt Resolution 20-07. 2.4 Accept three utility easements from Gulf to Bay Storage Associates, LLC for the construction, installation, and maintenance of certain utility facilities on real property located at 1660 Gulf to Bay Boulevard and adopt Resolution 20-13. 2.5 Page 2 City of Clearwater Printed on 5/15/2020 May 18, 2020Council Work Session Work Session Agenda 3. Planning 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 25 S. McMullen Booth Road, and pass Ordinances 9372-20, 9373-20, and 9374-20 on first reading. (ANX2020-01001) 3.1 4. Public Utilities Authorize a purchase order to Carl Eric Johnson of Lawrenceville, GA, for Moyno pumps, parts and services, in the annual amount of $300,000.00 with the option for two, one-year extensions, pursuant to Clearwater Code of Ordinances Section 2.564 Exceptions to Bidding, and authorize the appropriate officials to execute same. (consent) 4.1 5. Legal Adopt Ordinance 9390-20 on second reading, vacating a portion of a platted utility easement described as a part of Tract “C” Drainage Area, Sunstream Subdivision, according to the plat thereof, recorded in Plat Book 143, Pages 65-69 of the Public Records of Pinellas County, Florida. 5.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-22.5.2 6. Economic Development and Housing Authorize staff to move forward with the necessary steps to obtain approval for the redevelopment of The Landings Golf Course site as a light industrial center. 6.1 7. City Manager Verbal Reports Imagine Clearwater - Michael Delk, Assistant City Manager7.1 8. City Attorney Verbal Reports 9. Council Discussion Item Scientology Impact on Downtown Clearwater - Councilmember Bunker9.1 10. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 11. Closing Comments by Mayor Page 3 City of Clearwater Printed on 5/15/2020 May 18, 2020Council Work Session Work Session Agenda 12. Adjourn 13. Presentation(s) for Council Meeting Emergency Medical Services Week Proclamation - Division Chief of EMS Anthony Tedesco and Fire Chief Scott Ehlers 13.1 Employee of the Month award - Fire Medic Autumn Yanchunis13.2 Firefighter of the Year and Fire Medic of the Year13.3 Page 4 City of Clearwater Printed on 5/15/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7722 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve Change Order One to Waterfront Engineering, Inc., of Tampa, FL, for $51,469 for the 2019 City Seawall Project (19-0021-EN), increasing the contract from $254,710.50 to $306,179.50, and authorize the appropriate officials to execute same. (consent) SUMMARY: September 5, 2019, City Council approved a construction contract for repairs at eight locations: five on Island Estates, two at street ends on the intercoastal, and one at the Betty Lane bridge over Stevenson Creek. Repairs include replacement of seawall caps and anchors, installation of secondary tiebacks, drain installation, cleaning of seawall joints, and hydraulic grout installation. Change Order One is for repairs of an additional seawall location on Hamden Drive and 3rd Street. Proposed repairs include installation of drains, cleaning and sealing vertical joints, and filling voids along approximately 100 feet of seawall. Staff requests to continue the item to determine impact if the contract was amended to raise the sea walls by one foot. APPROPRIATION CODE AND AMOUNT: ENGF180006-CONS-CNSTRC Funds are available in capital improvement project ENGF180006, Citywide Docks and Seawalls, to fund this change order. Page 1 City of Clearwater Printed on 5/15/2020 To:City of Clearwater Project: 2019 City Seawalls Application:3 Engineering - Sarah Kessler ___ OWNER Contract No:19-0021-EN Period to:3/24/2020 ___ ARCHITECT Contract Date:10/31/2019 _X__ CONTRACTOR PO:19001744 ___ ENGINEER From: Waterfront Engineering, Inc 3940 Fountainebleau Dr Tampa, FL 33634 CHANGE ORDER SUMMARY Application is made for payment, as shown below, in connection with the Contract. Change Orders approved in ADDITIONS DELETIONS Continuation Sheet is attached. previous months by Owner TOTAL -$ -$ 1 Original Contract Sum 254,710.50$ Approved this month 2 Net Change by Change Orders 51,469.00$ 3 Contract Sum to Date (Line 1 + 2)306,179.50$ Change Order 1 - City Council 5/7/2020 51,469.00$ 4 Total Completed 73,971.50$ 5 Retainage 3,698.58$ TOTALS 51,469.00$ -$ (5% of completed work) Net Change by Change Orders 51,469.00$ 6 Total Earned Less Retainage 70,272.93$ (Line 4 less Line 5 Total) The undersigned Contractor certifies that to the best of the 7 Less Previous Certificates for Payment 70,272.93$ Contractor's knowledge, information and belief, the work covered (Line 6 from prior certificate) by this Application for Payment has been completed in accordance 8 Current Payment Due (Line 6 less line 7)(0.00)$ with the Contract Documents, that all amounts have been paid by 9 Balance to Finish, Plus Retainage 235,906.58$ the Contractor for work for which previous Certificates for (Line 3 less line 6) Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Signature:Print Name:Date: OWNERS CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED: (Attach explanation if amount certified differs from that applied for) Sarah Kessler, Project Manager By: ___________________________________Date:_________________ CONTRACTOR: (0.00)$ This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Number Date Approved APPLICATION AND CERTIFICATE FOR PAYMENT 100 S. Myrtle Ave., Suite 220 Distribution to: Clearwater, Florida 33756 In accordance with the Contract Documents, based on onside observations and the data comprising the above application, the Architect/Engineer certifies to the Owner that to the best of his/her knowledge, information and belief, the Work has progressed as indicated, that the quality of work is in accordance with said Contract Documents, and the Contractor is entitled to payment of the Page 1 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 1 Mobilization/Demobilization for locations (1,2,3,4,&5) including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup, maintenance of traffic and refuse disposal as needed by design plan, work activities and or site conditions for five (5) Island Estates locations. These sites are within ¾ mile of each other and want to use one primary staging area for equipment and storage, see map and or attachments. LS 1 7,500.00$ 7,500.00$ 7,500.00$ 3,750.00$ -$ 0.50 3,750.00$ Location (1) RCP Drain / Seawall Repairs at 270 Skiff Point 2 Perform recommended work within the Engineer Inspection Report along with any additional work to restore the area including fill and or sod. LS 1 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ -$ 1.00 2,500.00$ Location (2) Seawall Repairs at 205 Windward Passage 3 Perform recommended work within the Engineer Inspection Report along with any additional work to restore the area including fill and or sod. LS 1 6,500.00$ 6,500.00$ 6,500.00$ 6,500.00$ -$ 1.00 6,500.00$ Location (3) Seawall Repairs at Windward Passage Bridge 155517 4 NE, SE & SW Walls – Installation of PVC drains per plan specifications. EA 7 150.00$ 1,050.00$ 1,050.00$ 1,050.00$ -$ 7.00 1,050.00$ 5 All Walls – Clean and seal vertical joints with hydraulic grout plus additional area of grout on the NE wall. LF 96 75.00$ 7,200.00$ 7,200.00$ 7,200.00$ -$ 96.00 7,200.00$ 6 NE Wall – Removal and disposal of all debris of indicated seawall cap and pipe cover along with installation of seawall cap tiebacks and 16” wide x 24 ” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ 9,600.00$ -$ 24.00 9,600.00$ 7 NW Wall – Removal and disposal of all debris of indicated seawall cap and pipe cover along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ 9,600.00$ -$ 24.00 9,600.00$ 8 NE & NW Walls – Re-pour concrete pipe covers after completion of seawall caps. EA 2 750.00$ 1,500.00$ 1,500.00$ 1,500.00$ -$ 2.00 1,500.00$ Printed : 4/17/2020 Page 2 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 9 SE & SW Walls – Installation of new secondary wall tiebacks per plan specifications. EA 6 1,500.00$ 9,000.00$ 9,000.00$ 9,000.00$ -$ 6.00 9,000.00$ 10 SW Wall – Vegetation Removal: (1) Brazilian Pepper, (1) Oleander and (3) Palm Trees. LS 1 700.00$ 700.00$ 700.00$ 700.00$ -$ 1.00 700.00$ 11 Ground prep & sod. SF 2000 1.50$ 3,000.00$ 3,000.00$ 3,000.00$ -$ 2000.00 3,000.00$ Location (4) Seawall Repairs at Windward Passage Bridge 155518 12 NE, NW & SW Walls – Installation of (8) PVC drains per plan specifications. SE Wall - Installation of (3) PVC drains that are not on the plan specifications. EA 11 150.00$ 1,650.00$ 1,650.00$ 450.00$ -$ 3.00 450.00$ 13 NE, NW & SW Walls – Clean and seal vertical joints with hydraulic grout. LF 72 75.00$ 5,400.00$ 5,400.00$ -$ -$ -$ 14 NW wall – Chip and grout around pipe.EA 1 400.00$ 400.00$ 400.00$ -$ -$ -$ 15 NE & SW Walls – Chip and epoxy seal cracks per plan specifications: includes transverse cap cracks and wall cracks. EA 3 75.00$ 225.00$ 225.00$ -$ -$ -$ 16 SE Wall - Removal and disposal of all debris of indicated seawall and seawall cap along with installation of vinyl sheet piles, filler concrete, cap tiebacks and 30” wide x 14” high concrete seawall cap per plan specifications. LF 23 600.00$ 13,800.00$ 13,800.00$ 7,200.00$ -$ 12.00 7,200.00$ 17 SW Wall - Removal and disposal of all debris of indicated seawall cap and installation of angle concrete seawall cap per plan specifications. LF 8 400.00$ 3,200.00$ 3,200.00$ 3,200.00$ -$ 8.00 3,200.00$ 18 NW Wall - Removal and disposal of all debris of indicated seawall cap and installation of 14” wide x 14”high concrete seawall cap per plan specifications. LF 16 400.00$ 6,400.00$ 6,400.00$ -$ -$ -$ 19 NE, NW & SW Walls - Installation of new secondary wall tiebacks per plan specifications. EA 5 1,500.00$ 7,500.00$ 7,500.00$ 4,500.00$ -$ 3.00 4,500.00$ 20 NE & SW Walls – Fill voids with pea gravel.EA 2 350.00$ 700.00$ 700.00$ -$ -$ -$ 21 Ground prep & sod.SF 1725 1.50$ 2,587.50$ 2,587.50$ -$ -$ -$ Location (5) Seawall Repairs at Windward Passage Bridge 155519 22 NE, NW & SE Walls – Installation of PVC drains per plan specifications. EA 8 150.00$ 1,200.00$ 1,200.00$ -$ -$ -$ Printed : 4/17/2020 Page 3 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 23 All Walls – Clean and seal vertical joints with hydraulic grout. LF 97 75.00$ 7,275.00$ 7,275.00$ -$ -$ -$ 24 NE Wall - Removal and disposal of all debris of indicated seawall cap and pipe cover along with installation of a 16” wide x 29” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ -$ -$ -$ 25 NW Wall - Removal and disposal of all debris of indicated seawall cap and pipe cover along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ -$ -$ -$ 26 SE Wall - Removal and disposal of all debris of indicated seawall cap along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 25 400.00$ 10,000.00$ 10,000.00$ -$ -$ -$ 27 SW Wall - Removal and disposal of all debris of indicated seawall cap along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 24 400.00$ 9,600.00$ 9,600.00$ -$ -$ -$ 28 NE & NW Walls – Re-pour concrete pipe covers after completion of seawall caps. EA 2 750.00$ 1,500.00$ 1,500.00$ -$ -$ -$ 29 NE Wall - Installation of new secondary wall tiebacks per plan specifications. EA 2 1,500.00$ 3,000.00$ 3,000.00$ -$ -$ -$ 30 SE Wall – Vegetation removal: Several Oleanders.LS 1 700.00$ 700.00$ 700.00$ -$ -$ -$ 31 Ground prep & sod.SF 2400 1.50$ 3,600.00$ 3,600.00$ -$ -$ -$ Location (6) Seawall Repairs West End of Rogers Street 32 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 1,500.00$ 1,500.00$ 1,500.00$ -$ -$ -$ 33 Removal and disposal of all debris of indicated seawall cap along with repouring 19’3” +/- LF of 20” high x 16” wide seawall cap per plan specifications. LS 1 400.00$ 400.00$ 400.00$ -$ -$ -$ 34 Ground prep & sod.SF 300 1.50$ 450.00$ 450.00$ -$ -$ -$ Printed : 4/17/2020 Page 4 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Location (7) Seawall Repairs West End of Jones Street 35 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 1,500.00$ 1,500.00$ 1,500.00$ -$ -$ -$ 36 Installation of (1) new tieback rod and MR-SR Manta Ray per plan specifications. LS 1 1,500.00$ 1,500.00$ 1,500.00$ -$ -$ -$ 37 Cleaning around pipe and slab joint, Grouting with hydraulic cement, backfilling void with shell/pea gravel along with topsoil and sod needed for restoration. LS 1 700.00$ 700.00$ 700.00$ -$ -$ -$ 38 Ground prep & sod.SF 225 1.50$ 337.50$ 337.50$ -$ -$ -$ Location (8) Seawall Repairs Stevenson Creek at Betty Lane 39 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 3,000.00$ 3,000.00$ 3,000.00$ -$ -$ -$ 40 South side – Installation of tieback rod and MR-1 Manta Ray per plan specifications. EA 2 1,500.00$ 3,000.00$ 3,000.00$ -$ -$ -$ 41 South side – Epoxy and grouting.LS 1 700.00$ 700.00$ 700.00$ -$ -$ -$ 42 North Side – Installation of sheet piles per plan specifications. LF 116 250.00$ 29,000.00$ 29,000.00$ -$ -$ -$ 43 North Side – Installation of tieback system per plan specifications. LS 1 8,000.00$ 8,000.00$ 8,000.00$ -$ -$ -$ 44 North side – Filler concrete and capping per plan specifications. LF 116 180.00$ 20,880.00$ 20,880.00$ -$ -$ -$ 45 Ground prep & sod.SF 3000 1.50$ 4,500.00$ 4,500.00$ -$ -$ -$ Location (9) Seawall Repairs at Third Street End at Hamdent Dive Printed : 4/17/2020 Page 5 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date 47 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 2,500.00$ 2,500.00$ 2,500.00$ -$ 48 Installation of PVC drains per plan specifications.EA 13 150.00$ 1,950.00$ 1,950.00$ -$ 49 Clean and seal vertical joints with hydraulic grout.LF 107 75.00$ 8,025.00$ 8,025.00$ -$ 50 Removal and disposal of all debris of indicated seawall cap along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 70 400.00$ 28,000.00$ 28,000.00$ -$ 51 Behind the 107LF of cap, trench 15" deep x 12" wide to locate and collapse any voids and fill voids with clean fill. LF 107 45.00$ 4,815.00$ 4,815.00$ -$ 52 Ground prep, sod and final restoration. SF 1000 1.50$ 1,500.00$ 1,500.00$ -$ Subtotal 231,555.00$ 46,790.00$ 278,345.00$ 69,750.00$ -$ 69,750.00$ 46 10% Contingency LS 1 23,155.50$ 23,155.50$ 4,679.00$ 27,834.50$ 4,221.50$ -$ 4,221.50$ Total Contract 254,710.50$ 51,469.00$ 306,179.50$ 73,971.50$ -$ 73,971.50$ Printed : 4/17/2020 Page 6 of 15 19-0021-EN 2019 City Seawalls Draw 3 Date Item No. Description Units Qty Unit Price Contract Change Order Amended Contract Previous Amount Earned Qty this Draw Amount this Draw Qty to Date Amount Earned to Date Contingency Items 27,834.50$ 4 NE & NW Walls – Installation of additionalf PVC drains not covered within plans. EA 2 150.00$ $ 300.00 $ - 2.00 $ 300.00 10 SW Wall – Vegetation Removal: (1) Brazilian Pepper, (1) Oleander and (3) Palm Trees. LS 1 700.00$ $ 280.00 $ - 0.40 $ 280.00 11 Ground prep & sod.SF 761 1.50$ $ 1,141.50 $ - 761.00 $ 1,141.50 47 Windward Passage Bridge 155518- S.E.C.,Perform similar as 270 Skiff Point: A depressed area behind the pipe needs to be excavated about 4' below cap for a visual inspection and check pipe for a break. Istall pipe collar and grouting along with any additional work to restore the area including fill and or sod. LS 1 2,500.00$ 2,500.00$ -$ 1.00 2,500.00$ $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Contingency 4,221.50$ -$ 4,221.50$ Total Contract $ 254,710.50 $ 51,469.00 $ 306,179.50 $ 73,971.50 $ 73,971.50 -$ Retainage -$ Current Payment Due -$ Earned Printed : 4/17/2020 Page 7 of 15 Remaining Balance Per Cent Comp 3,750.00$ 50% -$ 100% -$ 100% -$ 100% -$ 100% -$ 100% -$ 100% -$ 100% April 2, 2020 Printed : 4/17/2020 Page 8 of 15 Remaining Balance Per Cent Comp April 2, 2020 -$ 100% -$ 100% -$ 100% 1,200.00$ 27% 5,400.00$ 400.00$ 225.00$ 6,600.00$ 52% -$ 100% 6,400.00$ 3,000.00$ 60% 700.00$ 2,587.50$ 1,200.00$ Printed : 4/17/2020 Page 9 of 15 Remaining Balance Per Cent Comp April 2, 2020 7,275.00$ 9,600.00$ 9,600.00$ 10,000.00$ 9,600.00$ 1,500.00$ 3,000.00$ 700.00$ 3,600.00$ 1,500.00$ 400.00$ 450.00$ Printed : 4/17/2020 Page 10 of 15 Remaining Balance Per Cent Comp April 2, 2020 1,500.00$ 1,500.00$ 700.00$ 337.50$ 3,000.00$ 3,000.00$ 700.00$ 29,000.00$ 8,000.00$ 20,880.00$ 4,500.00$ Printed : 4/17/2020 Page 11 of 15 Remaining Balance Per Cent Comp April 2, 2020 2,500.00$ 1,950.00$ 8,025.00$ 28,000.00$ 4,815.00$ 1,500.00$ 208,595.00$ 25% 23,613.00$ 15% 232,208.00$ 24% Printed : 4/17/2020 Page 12 of 15 Remaining Balance Per Cent Comp April 2, 2020 23,613.00$ 15% $ 232,208.00 24% Printed : 4/17/2020 Page 13 of 15 Change Order 1 Date: April 14, 2020 PROJECT:PROJECT NUMBER: 19-0021-EN 2019 City Seawalls CONTRACT:19001744 CONTRACTOR: COUNCIL AWARD: September 5, 2019 Waterfront Engineering, Inc DATE OF CONTRACT: October 31, 2019 3940 Fountainebleau Dr Tampa, FL 33634 CODE: ENGF180006-CONS-CNSTRC SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Waterfront Engineering, Inc. ORIGINAL CONTRACT AMOUNT NEW CONTRACT AMOUNT By: (Seal) Jan Anseeuw,Vice President Date: Frank Hibbard, Mayor ATTEST:Witnesses: (two) Rosemarie Call, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Recommended By: City of Clearwater William B. Horne, II City Manager Sarah Kessler, Project Manager APPROVED AS TO FORM: Owen Kohler, Assistant City Attorney Tara Kivett, PE, City Engineer increase/add items for additional seawall repair at 3rd St. and Hamden Dr. - see attached. 254,710.50$ Change Order 1-City Council 5/7/2020 51,469.00$ 306,179.50$ Page 2 of 2 Change Order 1: 2019 City Seawalls Item Description Unit Quantity Unit Price Total Cost Increases: 46 10% Contingency LS 0.202068623 23,155.50 4,679.00 Additions: Location (9) Seawall Repairs at Third Street End at Hamden Drive 47 Mobilization/Demobilization including best management practices with regard to erosion control, turbidity barriers, tree barricades, construction fencing, site cleanup and refuse disposal as needed by design plan, work activities and or site conditions. LS 1 2,500.00 2,500.00 48 Installation of PVC drains per plan specifications. EA 13 150.00 1,950.00 49 Clean and seal vertical joints with hydraulic grout. LF 107 75.00 8,025.00 50 Removal and disposal of all debris of indicated seawall cap along with installation of seawall cap tiebacks and 16” wide x 24” high concrete seawall cap per plan specifications. LF 70 400.00 28,000.00 51 Behind the 107LF of cap, trench 15" deep x 12" wide to locate and collapse any voids and fill voids with clean fill. LF 107 45.00 4,815.00 52 Ground prep, sod and final restoration. SF 1000 1.50 1,500.00 Total Additions:46,790.00 Total Net /Increases/Addtions to Contract:51,469.00 ^_^_^_ ^_ ^_ ^_ I SLAND WAY MEMORIAL CSWY BAYSIDE DR S GULFVIEW BLVD MANDALAY AVE LEEWARD IS CORONADO DR B AY WAY B L VD HAMDEN DR WINDWARD PSGE MI DWAY I S P A L M IS S E P A L M IS N E DEVON DR BRIGHTWATER DR LARBOARD WAY POINSETTIA AVE SKIFF PT FIFTH ST BAYMONT ST BAY ESPLANADE EAST SHORE DR DOL PH IN P T EAST SHORE DRPALM IS SW CAUSEWAY BLVD P A L M IS N W KENDALL ST ROCKAWAY ST LOCATION MAP 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 2019 City SeawallsProject # 19-0021-EN Page 2 of 2Date:4/20/2020XXXXGrid #:XX-XXs-XXeS-T-R:CRMMap Gen By:SKReviewed By: Document Path: C:\Users\Christopher.Melone\Desktop\2019 City Seawalls_19-0021-EN_2_2.mxd Added Seawall Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7720 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Approve an increase to Purchase Order No. 19000740 to Engineered Spray Solutions LLC of Lakeland, FL, for 2018 Sewer Point Repairs and Improvements Section D4 Manhole Surfacing Polyurethane (17-0060-UT), from $400,000 a year to a not to exceed amount of $950,000 a year for years two through four, increasing four-year term total from $1,640,000 to $3,290,000, February 1, 2019 through January 31, 2023, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City initiated a comprehensive maintenance program to clean, inspect, rehabilitate and repair existing sanitary sewer pipelines and manholes throughout Clearwater. These contracts improve the integrity of the sanitary sewer system and reduce inflow and infiltration (I&I) of groundwater and stormwater into the collection system. January 17, 2019, City Council approved a contract to Engineered Spray Solutions, LLC to apply manhole surface polyurethane coating for an amount not to exceed $400,000.00 per year for a four-year term. December 30, 2019, a $40,000 change order 1 was approved by City Manager for additional coating, for a first-year total to $440,000. Due to the high numbers of sanitary manholes in the City’s beach area and mainland requiring remediation to address I&I, and the faster than expected manhole repair speed by the contractor, additional funds are requested allowing for a higher volume of work for years 2 to 4. The Public Utilities Department is responsible for owning, operating and maintaining the wastewater collection system including all gravity sewer, force main pipelines and manholes that convey raw sewage to lift stations and/or water reclamation facilities. APPROPRIATION CODE AND AMOUNT: 3277327-546900-96665 $950,000 Funding is available in Utility Renewal and Replacement Project 96665, Sanitary Utility Relocation, to increase funding in the current Fiscal Year. Funding of $1,900,000 will be included in FY2021 and FY2022 Utility Renewal and Replacement Project budgets to renew this contract each year. Page 1 City of Clearwater Printed on 5/15/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND 1 CONTRACT 3 CONSENT OF SURETY TO FINAL PAYMENT 7 PROPOSAL/BID BOND 8 AFFIDAVIT 9 NON COLLUSION AFFIDAVIT 10 PROPOSAL 11 CITY OF CLEARWATER ADDENDUM SHEET 13 BIDDER'S PROPOSAL 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM 16 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM 19 SECTION V Page i Updated: 10/12/2018 SECTION V — Contract Documents Bond No.: PUBLIC CONSTRUCTION BOND N/A Not applicable. A bond will not be required for this project This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections 2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR SURETY Engineered Spray Solutions LLC [name] 1306 Banana Rd. Lakeland, FL [principal business address] 33810 863-577-4821 [phone number] OWNER City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 727) 562-4747 PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements (Section D4) PROJECT NO.: 17 -0060 -UT PROJECT DESCRIPTION: To establish a multi-year contract for as -needed services for Wastewater infrastructure improvements and repairs. BY THIS BOND, We, , as Contractor, and a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $ 400.000.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that ifContractor: 1. Performs the contract dated , between Contractor and Owner for construction of 2018 Sanitary Sewer Point Repair & Improvements Project # 17 -0060 -UT, the contract documents being made a part ofthis bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V Page 1 of 19 Updated: 10/12/2018 SECTION V — Contract Documents Bond No.: PUBLIC CONSTRUCTION BOND N/A Not applicable — A bond will not be required for this project 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance ofthe construction contract; and 5. Performs the guarantee ofall work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, and Surety does hereby waive notice of any such change, extension oftime, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 20_ Ifsole Ownership or Partnership, two (2) Witnesses required). If Corporation, Secretary only will attest and affix seal). Engineered Spray Solutions, LLC By: Title: Print Name: WITNESS: WITNESS: Corporate Secretary or Witness Print Name: Print Name: affix corporate seal) SECTION V Corporate Surety) By: ATTORNEY-IN-FACT Print Name: affix corporate seal) Power ofAttorney must be attached) Page 2 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONTRACT 1) This CONTRACT made and entered into this 1 rhday of 1-2-n,ta-r`N , 20 1 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Engineered Spray Solutions, LLC, ofthe City of Lakeland, County of Polk, and State of Florida, hereinafter designated as the Contractor". Or, if out ofstate:] This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the . "City", and a/an (State) Corporation authorized to do Florida, of the City of County of and State of , hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration ofthe sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements (Section D4) PROJECT NO.: 17 -0060 -UT in the amount, not to exceed, of $400,000.00 for the initial contract term In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part ofthis contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion ofthe work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V Page 3 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONTRACT 2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates ofpay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure ofthe Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance ofthe terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions ofthis contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V Page 4 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONTRACT 3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 The contractor's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. Ifthe 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 SECTION V Page 5 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONTRACT 4) 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. j) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS''COUNTY, FLORIDA By: W,iiLetevkil 1404 / William B. Horne, II City Manager Countersigned: c eor\enCr ALVOsBy: George N. Cretekos, Mayor Contractor must indicate whether: Corporation, Partnership, Attest: Geae Rosemarie Call City Clerk Assistant City Attorney Company, or ee.rt.t S , Individual SO1w,i1u%1 ILL SEAL) ri "("e: BG,jJ a, L b ec. T' e: e.o The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation — provide Affidavit. SECTION V Page 6 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2018 Sanitary Sewer Point Repair & Improvements Engineering Dept. PROJECT NO.: 17 -0060 -UT 100 S. Myrtle Ave. CONTRACT DATE: [ Clearwater, FL 33756 BOND NO. : [ 1, recorded in O.R. Book [, Page [ 1, ofthe Public Records of Pinellas County, Florida. CONTRACTOR: Engineered Spray Solutions, LLC Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: insert name ofSurety] address, address] on bond of Engineered Spray Solutions, LLC 1306 Banana Rd. Lakeland, FL 33810 SURETY, CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Dept. 100 S. Myrtle Ave. Clearwater, FL 33756 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this day of Attest: Seal): SECTION V OWNER, Surety) Signature ofauthorized representative) Printed name and title) Page 7 of 19 Updated: 10/12/2018 SECTION V — Contract Documents PROPOSAL/BID BOND N/A — Not applicable — A bond will not be required for this project KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, as Contractor, and as Surety, whose address is are held and firmly bound unto the City of Clearwater, Florida, in the sum of Dollars being a minimum of 10% of Contractor's total bid amount) for the payment ofwhich, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of as Contractor, and as Surety, for work specified as: all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Public Construction Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal/Bid Bond will be paid to the City as stipulated or liquidated damages. Principal must indicate whether: Corporation, Partnership, Company, or Individual Signed this day of , 20 Contractor Principal By: Title Surety The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation — provide Affidavit. SECTION V Page 8 of 19 Updated: 10/12/2018 SECTION V — Contract Documents AFFIDAVIT To be filled in and executed ifthe bidder is a corporation) STATE OF FLORIDA ) COUNTY OF , ) A` , being duly swom, deposes and says that he/she is Secretary of ENpi'44,re Spl tKalows LLC— a corporation organl'zed and existing unde1and by virtue of the laws of the State of Florida, and having its principal office at: soc, gyKit »t Street & Number) 1-4A414"4/ Polk- FL City) County) (State) Affiant further says that he is familiar with the records, minute books and by-laws of Eit•,.ur=s.i Storax Sv l ows LLL Nam f Corporation) + Affiant further says that Le W is GG. CAMM.tr is 6,&G2 Officer's Name) Title) of the corporation, is duly authorized to sign the Proposal for CtIsiittsKa or said corporation by virtue of Ttom 10 018 state whether :1%7/vision of Board of Directors. Ifby Resol Sworn to before me this 1 OWIday of Sem/ S;s lwjtovn. P MELISSA A KIMBALL Notary Public - State of FloridaCommissionitGG188250 My Comm. Expires May 1, 2022hNationalNotaryAssn. 1 Bonded throug w r 1 20` Notary Public V_in,.kxttl Type/print/stamp name of Notary Title or rank, and Serial No., if any SECTION V Page 9 of 19 Updated: 10/12/2018 SECTION V — Contract Documents NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF TO`k. ) Le. w/S G . (tek`l.r being, first duly sworn, deposes and says that he is kv‘A,t. ite- of tst."4,4rySpay SO1 dv"i L`rC the party maloffig the foregoing Proposal or Bid; that sun Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any adv- age against the City of Clearwater, Florida, or any person or persons interested in the proposed co . act; and t all statements contained in said proposal or bid are true; and further, that such bid • -r • ."s not +. -ctly or indirectly submitted this bid, or the contents thereof, or divulged information or _ .. association or to any member or agent thereof. Sworn to and subscribed before me this 1041 SECTION V MELISSA A KIMBALL Notary Public - State of FloridaCommission = GG 188250MyComm. Expires May 1, 2022 Bonded through National Notary Assn. AO rel „—G, , lAr ay of/ ,201?. 4116;420., V.:AA.6340 Notary Public Page 10 of 19 Updated: 10/12/2018 SECTION V — Contract Documents PROPOSAL 1) TO THE CITY OF CLEARWATER, FLORIDA, for 2018 Sewer Point Repair & Improvements Sections B, D1, D4 and F (PROJECT # 17 -0060 -UT) and doing such other work incidental thereto, all in accordance with the contract documents, marked 2018 Sewer Point Repair & Improvements Sections B, D1, D4 and F (PROJECT #17 -0060 -UT) Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Public Construction Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. SECTION V Page 11 of 19 Updated: 10/12/2018 SECTION V — Contract Documents PROPOSAL 2) Attached hereto is a bond or certified check on Bank, for the sum of being a minimum of 10% of Contractor's total bid amount). N ) The full names and residences of all persons and parties interested in the foregoing bid are as follows: If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and addresses ofthe members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub -contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: nLewisG. C \tw The person signing shall, Where the pers•n signi affidavit, sho his a + g501Prin ' • al: in i r .:7 rata to d the c • ADDRESSES: 13010 Kc.“. 9-oda1,40LI /4 33)10 Signature of B Alf i• wLc „ G . C Atat writing, sign the Princi • al's name, his own name and his title. on is • er than the President or Vice President, he must, by ration. k% k Title: I l K1f.t,r EK5in-erre.( Sroray £I OP Ll.C- Doing Business As (if different than above): Business Address of Bidder: 1 10(o & AK4 ra.S Rd di- al Y dv d Zip Code .3I1 0 ompany Legal Name: City and State: Lti,k,a.[q. Phone: S7) -Cf / Email Address: L Co 1, fit{ t ESS • r Dated at /q,r,(,1, , this /34 day of 19eCeA1t4r , A.D., 2013 SECTION V Page 12 of 19 Updated: 10/12/2018 SECTION V — Contract Documents CITY OF CLEARWATER ADDENDUM SHEET PROJECT: 2018 Sanitary Sewer Point Repair Sections B, D1, D4 and F (PROJECT #17 -0060 -UT) Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. , Date: 1 1 Addendum No. 2.. Date: tit 3 O// f Addendum No. 3 Date: it/(./ Addendum No. Date: it/G/ Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: SECTION V C Slwrcavi (Lc ature of Of yMantie Title of Offer it/ill)a Date) Page 13 of 19 Updated: 10/12/2018 1 I SECTION V — Contract Documents I BIDDER'S PROPOSAL I PROJECT: 2018 Sanitary Sewer Point Repair Sections B, D1, D4 and F (PROJECT #17 -0060 -UT) 1 CONTRACTOR: C~J j g Sjrgy £IIwricav 1I BIDDER'S TOTAL SECTION B: $ (Numbers) 1 BIDDER'S TOTAL SECTION B: Words) IBIDDER'S TOTAL SECTION Dl: $ (Numbers) IBIDDER'S TOTAL SECTION Dl: Words) 1 BIDDER'S TOTAL SECTION D4: $ 4, 5 5 2./ 4 SO • do (Numbers) BIDDER'S TOTAL SECTION D4: /4r i911//%0N, r/r. Rumba f/ 1 Ir 1401464ml / 6141 AlKitlea KM, 2 /f* (Words) I BIDDER'S TOTAL SECTION F: $ a y% QyO , QP BIDDER'S TOTAL SECTION F: ( Numbers) 71100 /(//Shj4IJ 1 6371)o//4v1 Words) BIDDER'S GRAND TOTAL $ T/ n%' Li/op ou (Numbers) 1 BIDDER'S GRAND TOTAL: / j,4 %fllftob, See.% Kali,/ /%/MC/ 2/i/ e 77140(TON-/ /'/ N 4/f 4/4„,1 (Words) 1 THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH I SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE ICHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. THE CONTRACTOR SHALL PROVIDE COPIES OF A CURRENT CONTRACTOR LICENSE/REGISTRATION WITH THE STATE OF FLORIDA AND PINELLAS COUNTY IN 1 THE BID RESPONSE. 1 I SECTION V Page 14 of 19 Updated: 10/12/2018 018 SEWER POINT REPAIR AND IMPROVEMENTS SECTIONS B, D1, D4, AND F (PROJECT #17 -0060 -UT) B. SEWER CLEANING AND TELEVISING INSPECTION Sewer Line Cleaning ITEM DESCRIPTION Mobilization/Demobilization including Traffic Control UNIT EST. QUANTITY UNIT PRICE TOTAL LS/WO 10 c. Heavy Cleaning from Right of Way 8"-10" Diameter 12"-15" Diameter 16"-24" Diameter 30"-36" Diameter LF 2,000 LF 250 LF 250 LF 500 Root Removal 8"-10" Diameter 12"-15" Diameter 16"-24" Diameter 30"-36" Diameter Heavy Cleaning from Side and/or Rear Easements 8"-10" Diameter 12"-15" Diameter 16"-24" Diameter 30"-36" Diameter LF 200 LF 25 LF 25 LF 10 LF 150,000 LF 25,000 LF 25,000 LF 50,000 Tuberculation Cleaning 8"-10" Diameter 12"-15" Diameter 16"-24" Diameter 30"-36" Diameter g. Manhole Clean/Jet-vac LF 200 LF 200 LF 200 LF 200 EA 5000 TOTAL SECTION B1 = CCTV pipe and manhole inspection with PACP/CUES Granite XP compatibility a. Mobilization/Demobilization including Traffic Control LS/WO 5 CCTV pipe inspection - includes light cleaning 8"-10" Diameter LF 750,000 0 12"-15" Diameter LF 50,000 16"-24" Diameter LF 25,000 30"-36" Diameter LF 50,000 Manhole Inspection EA 100 TOTAL SECTION B 2 = 3. Miscellaneous Budget Mark Up (%) a. Micellaneous Charges LS 150,000 150,000.00 TOTAL SECTION B (sum of Bi, B2 & B3) = 150,000.00 1 1 1 lidendum 3, Date 12/5/18 1 1. Manhole Surfacing— Fiberglass Liner System Liner Product: None Specified ITEM DESCRIPTION Mobilization/Demobilization including Traffic Control UNIT EST. QUANTITY UNIT PRICE TOTAL LS/WO 5 NO 4 Liner system for 4' diameter manhole VF 250 Liner system for 5' diameter manhole VF 250 e. Liner system for 6' diameter manhole Bench/invert Repair - Replacement Injection grouting as required to stop infiltration and inflow Manhole clean/jet-vac Remove existing liner for 4'diameter manhole j. Remove existing liner for 5' diameter manhole Remove existing liner for 6' diameter manhole Reset/Adjust Frame and Cover m. Replace Frame and Cover Seal manhole frame to corbel connection with olvurea material VF 100 EA 70 GALLON 1000 EA 40 VF 50 VF 50 VF 25 EA 100 EA 150 EA 150 o. Rear easement access EA 30 iscellaneous Budget Mark Up (%) a. Micellaneous Charges LS 80,000 TOTAL SECTION D1 = 8 ,000.00 0.00 Manhole Surfacing— Polyurethane Coating Product: Spraywall ITEM DESCRIPTION UNIT EST. QUANTITY UNIT PRICE TOTAL Mobilization/Demobilization including Traffic Control LS/WO 3 1,150.00 3,450.00 1. Liner system for 4' diameter manhole -125 MILS VF 1500 309.00 463,500.00 c2. Liner System for 4' diamenter manhole -250 MILS 1. Liner system for 5'diameter manhole -125 MILS 2. Liner System for 5' diamenter manhole -250 MILS VF 1500 416.00 624,000.00 VF 1500 380.00 570,000.00 VF 1500 521.00 781,500.00 1. Liner system for 6'diameter manhole -125 MILS 2. Liner System for 6' diamenter manhole -250 MILS Bench/invert Repair - Replacement Injection grouting as required to stop infiltration and inflow Manhole clean/jet-vac Remove existing liner for 4' diameter manhole j. Remove existing liner for 5' diameter manhole Remove existing liner for 6' diameter manhole Reset/Adjust Frame and Cover m. Replace Frame and Cover VF 1500 466.00 699,000.00 VF 1500 605.00 907,500.00 EA 70 250.00 17,500.00 GAL 1000 105.00 105,000.00 EA 40 50.00 2,000.00 VF 150 50.00 7,500.00 VF 150 60.00 9,000.00 VF 150 70.00 10,500.00 EA 25 950.00 23,750.00 EA 150 1,140.00 $ 171,000.00 i. Seal manhole frame to corbel connection EA 150 385.00 57,750.00 Rear easement access EA 30 250.00 7,500.00 Miscellaneous Budget Mark Up (%) a. Micellaneous Charges LS 80,000 15% 92,000.00 TOTAL SECTION D4 = 4,552,450.00 1dendum 3, Date 12/5/18 2 AND DYE TESTING Smoke Testing of Sewer LF 250,000 0.65 162,500.00 Dye Tracing of Sewer EA 20 1,058.00 21,160.00 iSMOKE Dye Flooding of Sewer EA 5 1,176.00 5,880.00 iscellaneous Budget Mark Up (%) a. Micellaneous Charges LS 50,000 15% 57,500.00 TOTAL SECTION F = 247,040.00 I I I 1 I I I I I I I I I I I Iidendum 3, Date 12/5/18 3 SECTION V — Contract Documents SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION HI, 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, MAYDEEM 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 ofbusiness or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, indict= -1 al, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater i. rating, n•' ater than five (5) calendar days after any of its principals are placed on the Scruti' ed Corn... es with Activities in Sudan List, the Scrutinized Companies with Activities in the ."etrole4ctor List, or engages in business operations in Cuba and Syria. STATE OF COUNTY OF Th regoin_• instrument 20 IX , by iS as the corporation/entity), as a Printed Name Title MOW") Si bet jn ee Name of Entity/Corporation knowledged before me on this VIII day of ter (name of a erson whose signature is ein notarized) title) of Elia *_;, _ s , . k (name of rsonally known to me as de ibed herein , or produced a type of identification) as identification, and who did/did not take an oath. 11bli c Y63 0,1( MELISSA A KIMBALL Notary Public - State ofFlorida Commissions GG 188250 My Comm. Expires May 1, 2022 Bonded through National Notary Assn. My Commission Expires: NOTARY SEAL ABOVE SECTION V as Printed Name Page 18 of 19 Updated: 10/12/2018 SECTION V — Contract Documents SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION HI, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS 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 I ael, 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, s vidual, . r ncipal, subsidiary, affiliate, or owner will immediately notify the City of Clearwa in writi • ., o later than five (5) calendar days after any of its principals are placed n the Sc•. >_nized C. .. -s that Boycott Israel List, or engaged in a boycott of Israel.i ii"- irinit V ted Name Title ! s •. ( Gcc Namelbf Entity/Corporation / STATE OF JtYClC4 COUNTY OF i Th fgregoin instrumen wa acknowledged before me on this NV `' ` day of 20 IN , by r (name ofp-rson whose signature is bein as the L , • _ (title) of notarized) name of corporation/entity), j onally known to me as de' bed herein , or produced a CV -04)f identification) as i ntification, and who did/did not take an oath. 6 MELISSA A KIMBALL i '-`l• Notary Public - State of FloridaA• s Commission # GG 188250 fF : My Comm. Expires May 1, 2022 Bonded through National Notary Assn. My Commission Expires: 1 NOTARY SEAL ABOVE 1 SECTION V No ary Public + .''^ a Printed Name Page 19 of 19 Updated: 10/12/2018 RICK SCOTT, GOVERNOR STATE OF FLORIDA DEPARTMENT OF BUSIN..• - mow _ ° FESSIONAL REGULATION THE GENER ' ; - UNDER THE R \, 1 % 1 PRO I ` r• i e V ' • Y r.' 1 w _ UTES EXPIRATI 31, 2020 Always verify licenses online at MyFloridaLicense. com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. I UN— N N NM en E r-- EN S N w n I I EN S I- CGC1504067 Collier, Lewis Gene 1306 Banana Road Lakeland, FL 33810 PINELLAS ita COUNTY CONSTRUCTION LICENSING BOARD THIS CERTIFIES THAT Lewis Gene Collier DBA Engineered Spray Solutions, LLC STATE CERT # I- CGC1504067 HAS FILED HIS/ HER LICENSE AND PROOF OF REQUIRED LIABILITY AND WORKERS' COMPENSATION INSURANCE WITH THIS BOARD. IN GOOD STANDING UNTIL September 30, 2019 DATE OF ISSUANCE 08/ 06/ 2018 Please cut out license along lines i Client#: 23703 ENGISPR 1 ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER anier Upshaw, Inc. 115 US Hwy 98 South 0. Box 468 Lakeland, FL 33802 CONTACT NAME: Renee Payne PHONE FAX A/C, No, Ext): 863 284-3177 (A/C, No): 863 682-6292 E-MAILSS: Renee.Payne@Ianierupshaw.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Colony Insurance Co 39993 SURED Engineered Spray Solutions, LLC 1306 Banana Road Lakeland, FL 33810 INSURER B : StarStone National Insurance Company 25496 INSURER C : Westfield Insurance Company 24112 INSURER D : 2,000,000 INSURER E : INSURER F : CLAIMS -MADE ES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFFMM/DDIYYYY) POLICY EXP MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY 103GL001102003 09/02/2018 09/02/2019 EACH OCCURRENCE 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea 100,000 X BI/PD Ded:1,000 occurrence) MED EXP (Any one person) 5,000 PERSONAL & ADV INJURY 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY X JO ECT LOC PRODUCTS - COMP/OP AGG 2,000,000 OTHER: AUTOMOBILE LIABILITY CMM4813093 09/02/2018 09/02/2019 Ea acBcdebt, INGLE LIMIT 1,000,000 X ANY AUTO ALL OWNED BODILY INJURY (Per person) AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON -OWNEDAUTOS PROPERTY DAMAGE Per accident) XPIP PIP 10,000 B UMBRELLA LIAB X OCCUR 72275U182ALI 09/02/2018 09/02/2019 EACH OCCURRENCE 2,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE 2,000,000 DED X RETENT ON $0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? N / A E EACH ACCIDENT Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT Rented/Leased Equipment CMM4813093 09/02/2018 09/02/2019 100,000 Max Per Item 250,000 Catastrophe 1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) roject Name: 2018 Sewer Point Repair & improvements Project (Section D4 -Manhole Surfacing -Polyurethane) roject #17 -0060 -UT he City of Clearwater is included as additional insured with waiver of subrogation in regards to the seneral liability and automobile liability as required by written contract. General liability coverage is rimary/non-contributory as required by written contract. Umbrella liability follows form. A 30 day notice f cancellation applies in favor of the certificate holder, except 10 days for non-payment of premium. CANCELLATION City of Clearwater Engineering Department Attn: Construction Office Specialist P.O. Box 4748 Clearwater, FL 33758-4748 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O. 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD S431315/M414631 JRW IARb® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 2/5/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER SUNZ Insurance Solutions, LLC ID: (Essential) c/o Essential HR, Inc. dba First Star HR 4455 LBJ Freeway, Suite 1080 Dallas, TX 75244 EwaJennifer Haugen PHONE FAX A/C. Ext: 972-404-0295 (A/C. No): MANo. ADDRESS: iennifer.hauger(cilfirststarhr.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURERA: United Wisconsin Insurance Company 29157 SURED Essential HR Inc 4455 LBJ FreewaySuite1080 Dallas TX 75244 INSURER B : INSURER C: INSURERD: INSURERS: INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: 46913623 REVISION NUMBER: 1 I71Q 1. 1%./ litR I itT i rtr o 1 nc rOL1,Ito yr INbuMANL.t LIS I to t3tLUW NAVE I3ttN ISSUtU 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTR TYPE OF INSURANCE ADDL IVSD t : - VIVID POLICY NUMBER POLICY EFF MMIDDIYYYYI POLICY EXP MMIDD/YYYYI LIMITS COMMERCIALGENERAL LIABIUTY EACH OCCURRENCE CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S POLICY JECOT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILEUABILITY COMBINE SINGLE LIMIT Ea accident) S ANY AUTO BODILYINJURY (Per person) OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGEPeraccident) UMBRELLALIAR OCCUR EACH OCCURRENCE EXCESS UAB CLAIMS -MADE AGGREGATE DED RETENT ON $ A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY WC535-00001-018-SZ 10/1/2018 10/1/2019PER T OTH- I STATUTE I I ERYINANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N/A E.L. EACHACCIDENT 1,000,000 Mandatory In NH) If describe E.L. DISEASE - EA EMPLOYEE 1.000.000yes, under DESCRIPTION OF OPERATIONS ¢plow E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may beattached If moreapace is required) Coverage provided for all leased employees but not subcontractors of: Engineered Spray Solutions LLCClientEffective: 10/1/2018 2018 Sewer Point Repair & improvements Project (Section D4 -Manhole Surfacing -Polyurethane) Project #17 -0060 -UT ATE HOLDER 66000061 CANCELLATION City of Clearwater Engineering DepartmentAttn : Construction Office Specialist P. O. Box 4748 Clearwater FL 33758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Rick Leonard C 1988-2015 ACORD CORPORATION. All rights reserved. CORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 46913623 1 Essential RIR PEO 535 MASTER CERT 1 magalia@hpadmin.com 12/5/2019 9:56:42 AM (EST) I Page 1 of 1 To: Kristen Parete, Legal Staff Assistant to Owen Kohler, Assistant City ttor From: Laura Davis, Engineering Con CC: Project File Date: 12/18/2019 CLEARWATER BRIGHT AND BEAUTIFUL*BAYTO BEACH Interoffice Correspondence Sheet ntracts & Procurement Specialist RE: Administrative Change Order 1 — ioi8 Sewer Point Repair & Improvements Section D4 Manhole Surfacing Polyurethane (17-oo6o-UT) Attached for Owen's signature are two (2) originals of the above referenced Change Order. Please forward to the City Manager's Office for the Manager's signature at your earliest convenience. Thank you, Laura Davis 727) 562-4509 CLEARWATER BRIGHT AND BEAUTIFUL • BAYTO BEACH Interoffice Correspondence Sheet To: William B. Horne, II, City Manager From: Tara Kivett, City Engineer d'w CC: Lori Vogel, Interim Procurement Manager; Kayleen Kastel, Budget Manager; Jeff Walker, PE, Project Manager; Stephanie Sansom, Controller; Laura Davis, Engineering Construction Contracts Specialist Date: December 17, 2019 RE: Administrative Change Order 12018 Sewer Point Repair & Improvements Section D4 Manhole Surfacing Polyurethane (17 -0060 -UT) RECOMMENDED ACTION: Approve Administrative Change Order 1 to Engineered Spray Solutions LLC, of Lakeland, FL, for 2018 Sewer Point Repair & Improvements Section D Manhole Surfacing Polyurethane (17 -0060 - UT) with an Increase of $40,000 for a new contract total of $440,000. BACKGROUND: Administrative Change Order 1 increases items in accordance with field conditions. PURCHASING OFFICE AND OFFICE OF MANAGEMENT AND BUDGET DEPARTMENT REVIEW I recommend approval based on the administrative change order criteria: 1. Increases do not exceed 10% ofthe Council approved amount on a cumulative basis. 2. Change does not change the scope of the project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. Completion date is not extended more than 60 days. Lori Vogel aI «Ic9 Date Admininstrative Change Order 1 DATE: November 15, 2019 PROJECT: PROJECT NUMBER: 2018 Sewer Point Repair & Improvements Section D4 Manhole Surfacing -Polyurethane PURCHASE ORDER: CONTRACTOR: COUNCIL AWARD: Engineered Spray Solutions,LLC 1306 Banana Rd. DATE OF CONTRACT: Lakeland, FL 33810 CODE: 17 -0060 -UT 19000740 January 17, 2019 February 11, 2019 3277327-546900-96665 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONT increases in accordance with field conditions -see attached STATEMENT OF CONTRACT AMOUNT Original Contract Admin Change Order 1 - City Manager New Contract Amount APP VED ASt" 'O FORM: Owen Kohler, ATTEST: Rosemarie Call, Date: —3/ -- CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA 400,000.00 40,000.00 440,000.00 ACCEP D BY: En Assistant City Attorney CI) I wt45.4A Witnesses: ( AAASID dilka 7YosiX Recommended By: City of Clearwater L 4Jeff a , PE, Project Manager 7/f William B. Horne, II City Manager Tara Kivett, P , City Engineer Page 2 of 2 Administrative Change Order 1: 2019 Sewer Point Repair&Improve Section D4 Manhole Surfacing ITE DESCRIPTION UNIT QTY UNIT COST TOTAL COST Increases: la Mobilization/Demobilization including ' LS/WO 1 $ 1,150.00 $ 1,150.00 lc Liner system for 4' diameter manhole -1: VF 9 $ 309.00 $ 2,781.00 2c Liner System for 4' diamenter manhole-: VF 8 $ 416.00 $ 3,328.00 Id Liner system for 5'diameter manhole -12 VF 9 $ 380.00 $ 3,420.00 2d Liner System for 5' diamenter manhole-. VF 7 $ 521.00 $ 3,647.00 le Liner system for 6'diameter manhole -12 VF 9 $ 466.00 $ 4,194.00 2e Liner System for 6' diamenter manhole-. VF 6 $ 605.00 $ 3,630.00 f Bench/invert Repair - Replacement EA 3 $ 250.00 $ 750.00 g Injection grouting as required to stop ini GAL 11 $ 105.00 $ 1,155.00 h Manhole clean/jet-vac EA 9 $ 50.00 $ 450.00 i Remove existing liner for 4' diameter n VF 4 $ 50.00 $ 200.00 j Remove existing liner for 5' diameter m VF 4 $ 60.00 $ 240.00 k Remove existing liner for 6' diameter m VF 3 $ 70.00 $ 210.00 1 Reset/Adjust Frame and Cover EA 6 $ 950.00 $ 5,700.00 m Replace Frame and Cover EA 5 $ 1,140.00 $ 5,700.00 n Seal manhole frame to corbel connectioi EA 7 $ 385.00 $ 2,695.00 o Rear easement access EA 3 $ 250.00 $ 750.00 Total Increases: $ 40,000.00 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7749 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 2.3 SUBJECT/RECOMMENDATION: Approve a Business Lease Contract between the City of Clearwater (City) and Hope Academy International, LLC (tenant) for the use of a city-owned lot located at 918 Palmetto Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: The site at 918 Palmetto Ave is a vacant city-owned lot adjacent to a privately-owned daycare center. The vacant city-owned lot is approximately 0.12 acres and has been utilized as a playground for children attending the adjacent daycare over the last 11 years, including since March 2019 by the current tenant. The tenant of the city-owned lot did not adhere to the notice renewal requirement of the previous lease, thus is requesting a new lease to commence on May 21, 2020. The lease includes a $1000 annual fee and has an initial term of one year with an option to extend for 3 additional one-year terms. The proposed lease has the same conditions as the previous lease for the site. City staff have reviewed and support leasing the city-owned lot to Hope Academy International, LLC. Page 1 City of Clearwater Printed on 5/15/2020 BUSINESS LEASE CONTRACT THIS BUISNESS LEASE CONTRACT, entered into this ____ day of ____________, 2020, between the CITY OF CLEARWATER, FLORIDA, a Florida municipality, located at 600 Cleveland St,6th Floor, Clearwater, Florida 33755, as “Lessor”, and Hope Academy International, LLC whose mailing address is 920 Palmetto St. Clearwater, Fl 33770, as “Lessee”, for purposes of this Lease. W I T N E S S E T H: That the Lessor does lease to the Lessee the following premises consisting of approximately 5,200 square feet of land located at 918 Palmetto St, Clearwater, Pinellas County, Florida, and being more specifically described as follows: Lot 5, PENNSYLVANIA SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 21, Page 80 of the Public Records of Pinellas County, Florida Such property shall hereinafter be referred to as the "Leased Premises" or the “Demised Premises" or the "Leased Property." 1. LEASE TERM. The term of this lease shall be for One (1)year, which term will commence on the day following approval and execution by the Clearwater City Council, (expected approval date to be May 21, 2020), and shall continue until midnight on the 30th day of April, 2021 (herein called the "Initial Term"). The Parties shall have the option to extend the term of this lease for three (3) successive periods of one (1) year (the “Extended Term”) by written agreement. Letter correspondence or email shall be sufficient as a written agreement for these purposes. The City Manager is hereby designated as the authority to approve renewals and may, in his or her sole discretion, waive the notice requirement for renewals as provided below. No such renewal or extension shall be deemed a waiver by Lessor of any breach or default which may then exist. The extended term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the Extended Term period as hereinabove specified. The Lessee shall exercise the option to extend the term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the then current term. Upon such exercise, the Lessor shall notify the Lessee as to whether it agrees to an extension, and if Lessor does agree, this Lease shall be extended without the execution of any further lease or other instrument. Failure to exercise the option as required herein shall nullify the option for the extended term. 2. RENT. The Lessee agrees to pay and the Lessor agrees to accept as rent, the sum of One Thousand and 00/100 Dollars ($1,000.00) per one (1) year period of the Lease, and other good and valuable consideration, including but not limited to, benefits inuring to the children of Clearwater, the receipt and sufficiency of which is hereby acknowledged. Rent is due on commencement of the lease and an additional One Thousand and 00/100 Dollars ($1,000.00) is due on commencement of every subsequent one (1) year lease renewal period. Page 2 of 9 3. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: The premises will be used for the purpose of providing playground space, and children’s playground equipment to be determined and provided by Lessee, to be used in association with the preschool nursery at 920 Palmetto Street, Clearwater, Florida. Lessee agrees that it will maintain its children’s playground equipment in proper order and good repair. 4. UTILITIES. Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. 5. TAXES. If any ad valorem taxes, intangible property taxes, personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully on the Leased Property, based on the Lessee’s use of the Leased Property during the term of this lease, the Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving written notice from the Lessor or written notice from the applicable taxing authority, whichever is earlier. In the event the Lessee fails to pay all such taxes assessed or levied on the Property within thirty (30) days after receiving written notice, the Lessor may, at its sole option, pay such taxes, liens, or assessments, which shall become additional rent hereunder, and Lessee shall immediately reimburse Lessor together with any interest, calculated at the maximum rate allowed by law, and any administrative costs incurred by the Lessor. Failure of the Lessee to pay any taxes or assessments pursuant to this paragraph will constitute a material default of this Lease. 6. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 7. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such lessee. If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall Page 3 of 9 be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. 8. ALTERATIONS AND IMPROVEMENTS. The Lessee shall not make any structural alterations or modifications or improvements which are part of the leased property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the leased property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after receiving written notice from Lessee (day of receipt inclusive), the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics’ or materialmen's liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. It is contemplated by the parties that Lessee will install portable classrooms on the Premises which will not violate the above restrictions as to alterations and improvements. Said portable classrooms are and will remain the property of the Lessee. Should the installation of the portable classrooms alter the premises as described above, Lessee shall follow the above provisions as to notice, approval and removal without damage to Lessor’s property. 9. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the leased premises are a part of or any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 10. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. Page 4 of 9 11. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee. 12. INSURANCE. Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit “A” attached hereto and made a part hereof as if said document were fully set forth at length herein. 13. MAINTENANCE. Lessee shall keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. Lessee agrees that all operation, upkeep, and maintenance will be at Lessee's expense. In the event Lessor pays any monies required to be paid by Lessee hereunder, said monies shall become additional rent due hereunder, Lessor shall demand repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand. Lessee' s failure to make such repayment within the ten (10) day period shall constitute a default under the terms of this lease. 14. EMINENT DOMAIN. If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided. The parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold or be entitled to any part of the award for such taking, or any payment in lieu thereof. 15. SUBORDINATION. This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the Lessor and any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. Page 5 of 9 17. DEFAULT; REMEDIES. (a) If the Lessee shall violate any of the covenants of this lease and fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. (b) In case the leased property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee and receive the rent therefor and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period. (c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this lease. (d) Municipal Purpose: The City may terminate this Lease in the event it determines that the Leased Premises are required for any other municipal purposes by giving ninety (90) days written notice of such intended use, following which this Lease shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Lessee shall be responsible for all monies due and owing hereunder at the time of such determination resulting from the operation hereof, together with any other monies due in accordance with this Lease. 18. MISCELLANEOUS. (a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. Page 6 of 9 (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, hand delivered to the premises leased hereunder, or delivered by commercial courier shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail, hand delivered or delivered by commercial courier to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that any signs to be used by Lessee, except inside the building, shall comply with applicable governmental rules, regulations and ordinances and shall be further subject to the prior approval of the Lessor. (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. (h) It is hereby agreed that if any sum due from Lessee is not received by Lessor within five (5) days after such amount shall be due (due date inclusive), Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to accept any sum not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of any sum due hereunder. 19. SUBROGATION. The Lessor and Lessee do agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the insurance carriers, by reason of any loss or damage to the leased property or property of Lessor. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be considered or construed as a waiver or release by the Lessor of any and all of the other covenants and conditions contained in this lease to be performed by the Lessee. 20. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such other matters as may be reasonably requested. 21. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the leased property Page 7 of 9 or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable attorney’s fees for all proceedings, trials and appeals. The terms and conditions of this paragraph shall expressly survive the termination or expiration of this Lease. 22. “AS IS” CONDITION. The Lessee accepts the leased premises on an “as is” basis, and Lessor shall have no obligation to improve or remodel the leased premises. 23. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 24. LESSEE OPTION TO TERMINATE Lessee may terminate this Lease by giving ninety (90) days written notice to Lessor, following which this Lease shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except for provisions expressly intended to survive termination, and that Lessee shall be responsible for all monies due and owing in accordance with this Lease. 25. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 26. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed Page 8 of 9 against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall survive the termination of this Lease. 28. RADON GAS NOTIFICATION The following Radon Gas Notification, as required by Florida Statute 404.056(8) is to be inserted into all contracts for sale, purchase or rental of real property: Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 29. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 30. ATTORNEY’S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 31. GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. [Signature page follows] Page 9 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Countersigned: CITY OF CLEARWATER, FLORIDA ________________________________ By: ____________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ________________________________ _____________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Hope Academy International, LLC ________________________________ Witness signature ________________________________ Print Witness Name By: _____________________________________ Felicia M Harris, President ________________________________ Witness signature ________________________________ Print Witness Name City of Clearwater Insurance Requirements Exhibit “A” Page 1 EXHIBIT “A” CITY OF CLEARWATER INSURANCE REQUIREMENTS The Lessee shall, at its own cost and expense, acquire and maintain (and, if applicable, cause any contractors and subcontractors to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically the Lessee 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. These insurance requirements shall not limit the liability of the Lessee. The City does not represent that these types or amounts of insurance to be sufficient or adequate to protect the Lessee’s interests or liabilities, but are merely minimums: 1. Commercial General Liability in the amount of $1,000,000 per occurrence, including but not limited to, bodily injury, personal injury, property damage, premises-operations, sexual abuse, sexual harassment, contractual liability, independent contractors, and liability assumed under an insured contract. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be no less than $3,000,000. 2. Commercial Automobile Liability Insurance for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. 3. Workers’ Compensation Insurance shall be maintained during the life of this contract in accordance with the laws of the State of Florida, for all of Lessee’s employees employed at the site. Coverage should include City of Clearwater Insurance Requirements Exhibit “A” Page 2 Voluntary Compensation and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. 4. Employer’s Liability Insurance shall be maintained in the minimum amount of $100,000 each employee, each accident, and $100,000 each employee/$500,000 policy limits for disease, and which meets all state and federal laws. Coverage must be applicable to employees, contractors, and subcontractors, if any. 5. If the Lessee is using its own property or the property of City in connection with the performance of its obligations under this Agreement, then 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. 6. Such insurance shall be on a form acceptable to the City and shall cover vendor and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by vendor under the Agreement. If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims-made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. Limits required are: Each Claim: $1,000,000, Annual Aggregate: $1,000,000,Deductible or Self Insured Retention $25,000 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: 1. The City is to be specifically included as an “Additional Insured” on the Commercial Liability Insurance, and Commercial Auto Liability Insurance policies listed above and named as a “Loss Payee” on Lessee’s Property Insurance policy. Coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. City of Clearwater Insurance Requirements Exhibit “A” Page 3 2. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), the Lessee will furnish the City with a Certificate of Insurance evidencing the coverage’s set forth above and naming the City as an “Additional Insured” on the Lessee’s Commercial General Liability Insurance and Commercial Auto Liability Insurance policies listed above and as a “Loss Payee” on the Lessee’s Property Insurance policy. In addition, Lessee will provide the City with certified copies of all applicable policies when requested in writing from the City. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Administrative Support Manager Engineering/Production Department P.O. Box 4748 Clearwater, FL 33758-4748 3. Lessee shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material change or reduction in coverage. 4. Lessee’s insurance as outlined above shall be primary and non-contributory coverage for Lessee’s negligence. 5. Lessee shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees, court costs, or other legal expenses. 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 Lessee’s obligation to provide the insurance coverage specified. METTO ST PALMETTO ST PENNSYLVANIA AVE METTO ST 915913916909913912911906920911908909905908 1004 1010 1006 1008 AERIAL MAP ² N.T.S.Scale: Lease Property918 Palmetto St.Parcel Number: 10-29-15-68346-000-0050 Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\918 Palmetto St Lease_.mxd Parcel Size:+/- 0.12 ac. Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1Aerial Flown 2019 Date:5/5/202010-29s-15eS-T-R:269AGrid #:WDMap Gen By:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-07 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 2.4 SUBJECT/RECOMMENDATION: Accept a utility easement from Florida Spine Properties, LLC for the construction, installation, and maintenance of city utility facilities on real property located at 2251 Drew Street and adopt Resolution 20-07. SUMMARY: The Utility Easement will allow the city rights for construction, installation, and maintenance of utility facilities on the commercial site. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 5/15/2020 Resolution No. 20-07 RESOLUTION NO. 20-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING A UTILITY EASEMENT FROM FLORIDA SPINE PROPERTIES, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater needs a utility easement from FLORIDA SPINE PROPERTIES, LLC for the construction, installation, and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-07 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBIT A TO RESOLUTION 20-07 DREW ST N BELCHER RD 1st ST 2nd ST 9th ST 160 129 111 2238225122302244220122202250AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2251 Drew St.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed New Utility Easement2251 Drew St.Parcel: 18-29-16-00000-220-0300 Page 1 of 1Aerial Flown 2019 Date:5/5/2020WDMap Gen By:RBReviewed By: Proposed New Utility Easement 290AGrid #:18-29s-16eS-T-R: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: Resolution 20-13 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 2.5 SUBJECT/RECOMMENDATION: Accept three utility easements from Gulf to Bay Storage Associates, LLC for the construction, installation, and maintenance of certain utility facilities on real property located at 1660 Gulf to Bay Boulevard and adopt Resolution 20-13. SUMMARY: The proposed easements will provide the City with property rights necessary for the construction, installation, and maintenance of city utility facilities that support commercial development on the subject site. The City Engineering Department recommends acceptance of the easement. Page 1 City of Clearwater Printed on 5/15/2020 Resolution No. 20-13 RESOLUTION NO. 20-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ACCEPTING THREE UTILITY EASEMENTS FROM GULF TO BAY STORAGE ASSOCIATES, LLC, FOR THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF CITY UTILITY FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater requires the utility easements from Gulf to Bay Storage Associates, LLC, for the development of the subject property, for the construction, installation and maintenance of certain utility facilities; and WHEREAS, by this Resolution, the City Council of the City of Clearwater wishes to accept said grant of easements; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council of the City of Clearwater hereby accepts the Utility Easement, a copy of which is attached hereto and incorporated herein as Exhibit “A” to Resolution 20-13. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2020. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk EXHIBT A TO RESOLUTION 20-13 RAINBOW DR S DUNCAN AVE GULF-TO-BAY BLVD 301 401 216 405 407 403 311 305 3091650 1700166117001668164417091654170116601672165116641658AERIAL MAP ² N.T.S.Scale: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\1660 Gulf to Bay Blvd.mxd Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed New Utility Easements1660 Gulf to Bay Blvd.Parcel: 14-29-15-00000-130-0200 Page 1 of 1Aerial Flown 2019 Date:5/5/2020WDMap Gen By:RBReviewed By: Proposed New Utility Easement 288BGrid #:14-29s-15eS-T-R: Proposed New Utility EasementProposed New Utility Easement Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2020-01001 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 3.1 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 25 S. McMullen Booth Road, and pass Ordinances 9372-20, 9373-20, and 9374-20 on first reading. (ANX2020-01001) SUMMARY: This voluntary annexation petition involves a 0.257-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the northeast corner of S. McMullen Booth Road and Johns Parkway. The applicants are requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city boundaries to the north, south, and east. 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 currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Johns Parkway right-of way. The applicant has paid the City’s sewer impact and assessment fees and the property has been connected to the city sewer service. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 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 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 Page 1 City of Clearwater Printed on 5/15/2020 File Number: ANX2020-01001 residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing city boundaries to the north, south, and east; therefore, the annexation is consistent with Florida Statutes Section 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/15/2020 Ordinance No. 9372-20 ORDINANCE NO. 9372-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, 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 owners of the real property described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the property into the City pursuant to an Interlocal Service Boundary Agreement authorized by Part II of Chapter 171, 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 (ANX2020-01001) 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. 9372-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 308731073101310630763078312331093115306031193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED ANNEXATION Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9373-20 ORDINANCE NO. 9373-20 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 GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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) (ANX2020-01001) 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. 9372-20. Ordinance No. 9373-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20II I RU RU I RLM RU I JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 30873107310131063076307831233109311531193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 3107306031053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED FUTURE LAND USE MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Ordinance No. 9374-20 ORDINANCE NO. 9374-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY ON THE NORTHEAST CORNER OF S. MCMULLEN BOOTH ROAD AND JOHNS PARKWAY, WHOSE POST OFFICE ADDRESS IS 25 S. MCMULLEN BOOTH ROAD, 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 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. 9372-20. Property Zoning District See attached Exhibit A for Legal Description. Low Medium Density Residential (LMDR) (ANX2020-01001) Ordinance No. 9374-20 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2020-01001; Parcel ID 16-29-16-00000-210-1000 The West 183 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, less and except the West 50 feet of the North 85 feet of the South 165 feet of the West ½ of the Northeast ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East. Less existing Right of Way over the West 33 feet as shown in the Deed recorded in Deed Book 1616, Page 583, Public Records of Pinellas County, Florida and also less road Right of Way for State Road 593. Exhibit B 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD I I LMDR MHP 11 120 116 123 150 3087310731013106307630783123310931153060311930593065310831113085LMDR LMDR 25 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 PROPOSED ZONING MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) DREW ST BAY LN JOHNS PKWY K ST N McMULLEN BOOTH RD CHERRY LN CLEVELAND ST FEATHERWOOD CT OYSTER BAYOU WAY S McMULLEN BOOTH RD SEAGRAPE CI R ESTUARY TRL BAY LN ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/21/2020 LOCATION MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) JOHNS PKWY JOHNS PKWY CHERRY LN CHERRY LN OYSTER BAYOU WAY OYSTER BAYOU WAY S McMULLEN BOOTH RD S McMULLEN BOOTH RD CLEVELAND ST CLEVELAND ST N McMULLEN BOOTH RD N McMULLEN BOOTH RD COLONIAL DR COLONIAL DR -Not to Scale--Not a Survey-Rev. 2/21/2020 AERIAL PHOTOGRAPH Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 242420 20 30 30303024 24 2005155 8384317519*1 23 4 2 3 412 1213141516171819 123 45678 9101112 13 14 15 16 12 3 4 5622/2622/2722/3222/37 22/3822/3 122 /2822/2522/23 22/24 22/29 22/305 21/10 21/11 21/12 21/13 21/14 21/07 22/412 1 20JOHNS PKWY CHERRY LN OYSTER BAYOU WAY S McMULLEN BOOTH RD CLEVELAND ST N McMULLEN BOOTH RD 11 120 116 123 150 308731073101310630763078312331093115306031193059306531083111308525 31053103311031003119311831283054311730813106308031113 310831123059310130753112 310731053107311331203116306531093 33118311531103114-Not to Scale--Not a Survey-Rev. 2/21/2020 EXISTING SURROUNDING USES MAP Owner(s): Randall Eyermann & Danielle Marie Eyermann Case: ANX2020-01001 Site: 25 S. McMullen Booth Road Property Size(Acres): ROW (Acres): 0.257 Land Use Zoning PIN: 16-29-16-00000-210-1000 From : Residential Urban (RU) R-3 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Institutional Institutional ANX2020-01001 Randall Eyermann & Danielle Marie Eyermann 25 S. McMullen Booth Road View looking north at subject property, 25 S. McMullen Booth Rd. West of subject property East of subject property South of subject property, across Johns Parkway View looking easterly along Johns Parkway View looking westerly along Johns Parkway Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7745 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to Carl Eric Johnson of Lawrenceville, GA, for Moyno pumps, parts and services, in the annual amount of $300,000.00 with the option for two, one-year extensions, pursuant to Clearwater Code of Ordinances Section 2.564 Exceptions to Bidding, and authorize the appropriate officials to execute same. (consent) SUMMARY: Moyno Pumps are standardized in the City’s wastewater and water facilities for handling of high viscosity sludge and residuals, due to reliability of the pumps, and to facilitate operational and maintenance efficiency. Carl Eric Johnson of Lawrenceville, GA is the sole authorized regional distributor of Moyno equipment and services. Standardization of pumping equipment reduces redesign/retrofit of the piping systems and overall down time, which is critical to maintaining regulatory compliance. Standardization also reduces the required stocking of parts, replacement pumps, and the cost of maintenance operations. Public Utilities will complete a market analysis each year prior to renewal to ensure no additional distributors have entered the market for these parts. In accordance with city code Section 2.564 (1)(b), Exceptions to Bidding, Carl Eric Johnson has been determined a sole source vendor for Moyno Pumps, replacement parts and factory authorized service. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers 550400 Operating Supplies & Materials to cover the cost of the contract for FY20 Funding for future fiscal years (FY21 through FY23) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 5/15/2020 T 937-454-3200 NOV Process and Flow Technologies US, Inc. F 937-454-3379 Moyno™ www.moyno.com 5870 Poe Avenue Dayton, OH 45414 30 April 2020 Caley Conard City of Clearwater Public Utilities Department RE: Florida Moyno Representative Dear Caley Conard, This letter is to confirm that Carl Eric Johnson, Inc. is the sole authorized representative State of Florida for genuine Moyno products. Moyno is a brand of NOV Process and Flow Technologies US, Inc. Accordingly, all genuine Moyno Pumps and Grinders including the Moyno 2000 Pump, EZStrip Pumps, Annihilators and TR Munchers; parts and Certified Moyno Repair/Rebuilder Services are available only through Carl Eric Johnson, Inc. Mr. Cliff Allen is our technical representative for your area. He can be reached by cell at 813-952- 4423. If you have any questions or need additional information, you may also contact me direct at 937-469-6104. We appreciate your business and look forward to providing genuine Moyno products and services to you in the future. Regards, Kevin Eisert Moyno Area Sales Manager ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/28/2020 (404) 917-1928 (404) 252-8834 25844 Carl Eric Johnson, Inc.1725 Q MacLeod Dr. Lawrenceville, GA 30043 A 1,000,000 X CPA4309120 4/1/2020 4/1/2021 500,000 10,000 1,000,000 2,000,000 2,000,000 PER LOCATION AG 10,000,000 1,000,000A X CPA4309120 4/1/2020 4/1/2021 3,000,000A CPA4309120 4/1/2020 4/1/2021 3,000,000 0 A WCA4309121 4/1/2020 4/1/2021 1,000,000N1,000,000 1,000,000 City of Clearwater is included as an additional insured with respect to general liability and automobile liability as per written contract agreement per the attached. City of Clearwater Attn: Purchasing Department PO Box 4748 Clearwater, FL 33758-4748 CARLERI-01 DCANTRELL Tanner, Ballew and Maloof, Inc.5871 Glenridge DrSuite 400Atlanta, GA 30328 Debbie Cantrell dcantrell@tbmins.com Union Insurance Company X X X X X X X X COMMERCIAL GENERAL LIABILITY CL CG 00 60 01 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc., with its permission GENERAL LIABILITY CONTRACTOR'S ENHANCEMENT ENDORSEMENT - GEORGIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I - COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1.The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a.$10,000; or b.The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the follow- ing applies: 1.The last paragraph of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premi- ses while rented to your or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2.Paragraph 6.of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to 5. above, the greater of: a.$500,000; or b.the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, explosion or sprinkler leakage incident. 3.Paragraph 4.(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4.Paragraph 9.a. of SECTION V - DEFINITIONS is deleted and replaced by the following: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; C. PROPERTY DAMAGE - ELEVATORS Under SECTION I - COVERAGE A.2. Exclusions j. Damage To Property: Paragraphs (3), (4), and (6) of this exclusion do not apply to the use of elevators. k. Damage To Your Product does not apply to the use of elevators. &DUO(ULF-RKQVRQ,QF 3ROLF\1XPEHU&3$ 2021 CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc., with its permission D. NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not used to carry persons or property for a charge. E. COVERAGE FOR INJURY TO LEASED WORKERS Under SECTION I - COVERAGE A.2. Exclusions, With respect to Exclusion 2.e. Employer's Liability, the definition of "employee" in the DEFINITIONS Section is replaced by the following: "Employee" does not include a "leased worker" or a "temporary worker". F. SUPPLEMENTARY PAYMENTS SECTION I -SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $3,000; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $1,000. G. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED: e. Any person or organization described in paragraph f. below, whom you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured provided: (1) The written contract, written agreement or permit is: (a) Currently in effect or becomes effective during the policy period; and (b) Executed prior to an "occurrence" or offense to which this insurance would apply. (2) They are not specifically designated as an additional insured under any other provision of, or end- orsement added to, this policy. f. Only the following persons or organizations are additional insureds under this endorsement, and cover- age provided to such additional insureds is limited as provided herein: (1) The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. H. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organi- zation to whom you are obligated by written contract or written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", property damage" or "personal and advertising injury" caused, in whole or in part, by: AUTOMATIC ADDITIONAL INSURED ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 3 of 6 Office, Inc., with its permission a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this policy ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in per-forming operations for a principal as a part of the same project. 3. The insurance provided by this endorsement is primary insurance and we will not seek contribution under any insurance policy under which such additional insured is a named insured, if such policy was procured and paid for by such additional insured, or a parent or related entity of such additional insured. 4. With respect to the insurance afforded to these additional insureds, SECTION III - LIMITS OF INSURANCE is amended as follows: The limits applicable to the additional insured are those specified in the written contract or agreement or the limits stated in the Declarations, whichever is less. If no limits are specified in the written contract or agree- ment, the limits applicable to the additional insured are those specified in the Declarations. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. I. BROADENED NAMED Paragraph 3. of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Any organization, other than a joint venture, over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. J. EXTENDED PROPERTY DAMAGE The following is added to SECTION I - COVERAGE A 1. For the purposes of this coverage section, Exclusions j.(4) and (5) are deleted in their entirety, and are replaced by the following: (4) We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" to personal property of others while in the care, custody and control of the insured (5) That particular part of real property on which you or any contractors or subcontractor working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc., with its permission 2. The amount we will pay for damages is limited to $5,000 per occurrence, $15,000 policy aggregate. 3. The insurance provided by this endorsement does not apply to "property damage" included within the "products-completed operations hazard" or within the "explosion hazard", the "collapse hazard" or the "underground property damage hazard". 4. A deductible of $250 per claim is applicable to this coverage part. The deductible does not reduce the limit of insurance. For purposes of the coverage provided by this endorsement the following definitions are added to SECTION V - DEFINITIONS: a. "Collapse hazard" includes structural property damage: and any resulting "property damage" to any property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Underground property damage hazard" includes "underground property damage" and any resulting "property damage" to any other property at any time. d. Underground property damage" means "property damage" to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving. K. LIMITED CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2. Exclusions of SECTION I - COVERAGE A and Paragraph 2. Exclusions of SECTION I - COVERAGE B: 1. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. L. PER PROJECT AGGREGATE LIMIT 1. Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your construction projects away from premises owned by or rented to the insured. The most we will pay under this coverage extension is $10,000,000 regardless of the number of separate construction projects. If a construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. M. LOCATION AGGREGATE LIMIT 1. Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. The most we will pay under this coverage extension is $10,000,000 regardless of the number of separate locations. CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc., with its permission 2. Under Section V - Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of way of a railroad. N. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer or insurance manager, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit" as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers’ Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers’ Compensation policy. O. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. P. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Q. OTHER INSURANCE If this policy includes a Coverage Form or an Endorsement which provides coverage for loss or damage covered by one or more of the Extensions of this endorsement, the limit and the coverage provided by this endorsement are deleted and replaced by the limit and coverage provided by that Coverage Form or Endorsement. R. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced entirely with the following: a. Expected Or Intended Injury “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS CL CG 00 60 01 16 Includes copyrighted material of Insurance Services Page 6 of 6 Office, Inc., with its permission S. JOINT VENTURE / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE 1. The following is added to Section II - Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. However, this coverage does not apply: a. Prior to the termination or end date of any joint venture, partnership or limited liability company; b. To a joint venture, partnership or limited liability company which is, or ever was, insured under a “consolidated (wrap-up) insurance program” (also known as an owner-controlled insurance program, O.C.I.P.). 2. With respect to the coverage provided by this section G. Joint Venture / Partnership / Limited Liability Company Coverage, the last Paragraph of Section II - Who Is An Insured is replaced by the following: Except as provided in 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 3. As used in this endorsement, “consolidated (wrap-up) insurance program“ (also known as an owner-controlled insurance program, O.C.I.P.) means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction, erection or demolition project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, sometimes referred to as an a Contractor Controlled Insurance Program (C.C.I.P.) T. MOBILE EQUIPMENT REDEFINED Sub-paragraph f.(1) of definition 12. “mobile equipment” of Section V - Definitions is entirely replaced by the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; U. LIBERALIZATION CLAUSE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added: If we adopt any revision that would broaden the coverage under this coverage form without additional premium during the policy period, the broadened coverage will apply to this coverage part when the change becomes effective in your state. COMMERCIAL AUTO AI CA 59 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by endorsement. SUMMARY OF COVERAGE EXTENSIONS Provision No. Name of Extension Limit or Included A.Broadened Named Insured Included B.Additional Insured by Contract or Agreement Included C.Additional Insured- Employees Included D.Extended Coverage- Bail Bonds $5,000 E.Extended Coverage- Loss of Earnings (Per Day)$1,000 F.Fellow Employee Coverage Included G.Transportation Expense Due to Theft of a Covered Auto (Per Day/Maximum)$75/ $2,500 H.Extended Coverage - Air Bags Included I.Physical Damage Coverage- Leased or Financed Autos Included J.Glass Deductible Included K.Extended Coverage- Electronic Equipment Included L.Extended Coverage- Personal Effects $500 M.Towing (Gross Vehicle Weight of 20,000 lbs. or less)$100 N.Physical Damage Coverage -Hired “Autos”$65,000 1. Loss of use (Per Day/Maximum)$500/ $3,500 O.Rental Reimbursement Coverage $2,500 P.Drive Other Car Coverage Included Q.Knowledge of Occurrence Included R.Waiver of Subrogation By Contract or Agreement Included S.Unintentional Omissions Included T.Bodily Injury Re-defined Included U.Employee Hired Auto Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. If there is a conflict between this summary and the endorsement provisions that follow, the endorsement provisions shall prevail. &DUO(ULF-RKQVRQ,QF 3ROLF\1XPEHU&3$ 2021 Additional Insured by Contract or Agreement Waiver of Subrogation By Contract or Agreement AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 A. BROADENED NAMED INSURED The Named Insured shown in the Declarations is amended to include: Any organization, other than a joint venture, over which you maintain ownership or majority interest of more than 50%, unless that organization is an “insured” under any other automobile policy or would be an “insured” under such a policy but for the exhaustion of its Limit of Insurance, however; 1. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization or the end of the policy period, whichever is earlier. 2. Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Section II – Covered Autos Liability Coverage, Paragraph A.1.: d. Any person or organization for whom you are performing operations if you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (1) Such person or organization is an additional insured only with respect to liability for “bodily injury” or “property damage”: a. Caused by an “accident”, and b. Resulting from the ownership, maintenance or use of a covered “auto”. (2) A person’s or organization’s status as an additional insured exists only while you are performing operations for that additional insured. (3) Section II, Paragraph C. Limits of Insurance for person or organization added as additional insured are those specified in the written contract or agreement, or in this coverage form, whichever is less. These limits of insurance are inclusive of and are not in addition to the Limits of Insurance shown in the Declarations. (4) This insurance applies on a primary and non- contributory basis if that is required by the written contract or agreement. (5) This insurance does not apply unless the written contract or agreement has been executed prior to the “bodily injury” or “property damage”. C. ADDITIONAL INSURED - EMPLOYEES Section II- Covered Autos Liability Coverage, Paragraph A.1.b.(2) is deleted and replaced by the following: (2) Your employee or agent if the covered “auto” is owned by that employee or a member of his or her household, but this exclusion does not apply if the covered "auto” is being used in your business or your personal affairs. D. EXTENDED COVERAGE - BAIL BONDS Section II – Covered Autos Liability Coverage, Paragraph A.2.a.(2) is deleted and replaced by the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. E. EXTENDED COVERAGE - LOSS OF EARNINGS Section II – Covered Autos Liability Coverage, Paragraph A.2.a.(4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $1,000 a day because of time off from work. F. FELLOW EMPLOYEE COVERAGE Section II – Covered Autos Liability Coverage, Paragraph B.5. does not apply. G. COVERAGE EXTENSION AS A CONSEQUENCE OF THEFT OF AN “AUTO” 1. Transportation Expense AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 Section III – Physical Damage Coverage, Paragraph A.4.a. is deleted and replaced by the following: a. We will also pay up to $75 per day to a maximum of $2,500 for temporary transportation expense incurred by you because of the total theft of a covered “auto” that has a Gross Vehicle Weight of 20,000 lbs. or less. We will pay only for those covered “autos” for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss”. We will also pay reasonable and necessary expenses to facilitate the return of the stolen “auto” to you. H. EXTENDED COVERAGE - AIRBAGS Section III – Physical Damage Coverage, Paragraph B.3.a. does not apply to the unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. I. PHYSICAL DAMAGE COVERAGE - LEASED OR FINANCED “AUTOS” The following is added to Section III – Physical Damage Coverage, Paragraph C.: 4. In the event of a total “loss” to a covered “auto”, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: a. The amount under the Physical Damage coverage section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the “loss”, (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance; (5) Carry-over balances from previous loans or leases. J. GLASS DEDUCTIBLE Section III – Physical Damage Coverage, Paragraph D. is deleted and replaced by the following: D. DEDUCTIBLE For each covered “auto” our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to: 1. “Loss” caused by fire or lightning; or 2. “Loss” when you elect to patch or repair glass rather than replace. K. EXTENDED COVERAGE - ELECTRONIC EQUIPMENT The following is added to Section III - Physical Damage Coverage, Paragraph A.4.: c. Physical Damage coverage on a covered “auto” also applies to “loss” to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered “auto” at the time of “loss” or the equipment is removable from a housing unit which is permanently installed in the covered “auto” at the time of the “loss”, and such equipment is designed to be solely operated by use of the power from the “auto’s” electrical system, in or upon the covered “auto”. We will pay with respects to a covered “auto” for “loss” to antennas and other accessories necessary for use of the electronic equipment. However, this does not include tapes, records or discs. L. EXTENDED COVERAGE - PERSONAL EFFECTS AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 The following is added to Section III – Physical Damage Coverage, Paragraph A.4.: d. Physical Damage Coverage on a covered “auto” may be extended to “loss” to your personal property or, if you are an individual, the personal property of a family member, that is in the covered “auto” at the time of “loss”. The most we will pay for any one “loss” under this coverage extension is $500. M. TOWING Section III – Physical Damage Coverage, Paragraph A.2. is deleted and is replaced by the following: If an “auto” with a Gross Vehicle Weight of 20,000 lbs. or less is provided both Comprehensive and Collision Coverage, we will pay up to $100 for towing and labor costs incurred each time such covered “auto” is disabled. However, the labor must be performed at the place of disablement. N. PHYSICAL DAMAGE COVERAGE - HIRED “AUTOS” You may extend the Comprehensive, Specified Causes of Loss and Collision coverages provided on your owned “autos” to any “auto” you lease, rent, hire or borrow from someone other than your employees or partners or members of their households. Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Coverage provided here is subject to the following: 1. This extension is only available for “autos” you lease, hire, rent or borrow for less than 30 consecutive days. 2. The most we will pay in any one “loss” is the least of $65,000, the actual cash value of the “auto” or the cost to repair or replace the “auto”, except that such amount will be reduced by a deductible to be determined as follows: a. The deductible shall be equal to the amount of the highest deductible shown for any owned “auto” of the same classification for that coverage. In the event there is no owned “auto” of the same classification, the highest deductible for any owned “auto” will apply for that coverage. b. No deductible will apply to “loss” caused by fire or lightning. 3. Coverage provided under this extension will: a. Be excess over any other collectible insurance you have; b. Pay, in addition to the limit set forth in N.2. above, up to $500 per day, not to exceed $3,500 per “loss” for: (1) Any costs or fees associated with the “loss” to a hired “auto”; and (2) Loss of use, provided it is the consequence of an “accident” for which you are legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. O. RENTAL REIMBURSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. This coverage is only available to those covered “autos” involved in a “loss” and Physical Damage is provided to the covered “auto”. 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following; a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or b. When the total amount paid under this coverage extension reaches $2,500. AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. Not more than $75 per day. 4. We will pay up to an additional $300 for the reasonable and necessary expenses you incur to remove your materials and equipment from the covered “auto” and replace such materials and equipment on the rental “auto”. 5. This coverage does not apply while there are spare or reserve “autos” available to you for your operations. 6. If “loss” results from the total theft of a covered “auto” of the “private passenger type”, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. P. DRIVE OTHER CAR COVERAGE 1. Your Covered Autos Liability Coverage, Auto Medical Payments, Uninsured and Underinsured Motorists Coverage, and Physical Damage Coverage is extended to any private passenger type “auto” you hire, borrow or do not own while being used by or in the care, custody or control of the following persons: a. You, if you are designated in the Declarations as an individual. b. Your partners or members, if you are designated in the Declarations as a partnership or joint venture; c. Your members or managers, if you are designated in the Declarations as a limited liability company; d. Your executive officers, if you are designated in the Declarations as an organization other than an individual, partnership, joint venture or limited liability company; e. The spouse of any person named in P.1.a. through P.1.d. while a resident of the same household. 2. The following “autos” are not covered: a. Any “auto” owned by a person named in P.1.a. through P.1.d. or by any member of his or her household. b. Any “auto” used by a person named in P.1.a. through P.1.d. while working in the business of selling, servicing, repairing or parking “autos”. 3. The most we will pay for the total of all damages under Covered Autos Liability Coverage, Auto Medical Payments, Uninsured and Underinsured Motorists Coverage is the LIMIT OF INSURANCE for each Coverage shown in the Declarations as applicable to owned “autos”. 4. Our obligation to pay for, repair, return or replace damaged or stolen property under Physical Damage Coverage, will be reduced by a deductible equal to the amount of the largest deductible shown for any owned private passenger type “auto” applicable to that coverage. If there are no owned private passenger type “autos”, the deductible shall be $100 for Comprehensive Coverage and $250 for Collision Coverage. No deductible will apply to “loss” caused by fire or lightning. Q. KNOWLEDGE OF OCCURRENCE The following is added to Section IV - Business Auto Conditions, Paragraph A.2.: d. Notice of an "accident" or "loss" will be considered knowledge of yours only if reported to you, if you are an individual, a partner, an executive officer or an employee designated by you to give us such notice. e. Notice of an "accident" or "loss" to your Workers Compensation insurer, for an event which later develops into a claim for which there is coverage under this policy, shall be considered notice to us, but only if we are notified as soon as you know that the claim should be addressed by this policy, rather than your Workers Compensation policy. f. Your rights under this policy shall not be prejudiced if you fail to give us notice of an "accident" or "loss", solely due to your reasonable and documented belief that the event is not covered by this policy. AI CA 59 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 The following is added to Section IV- Business Auto Conditions, Paragraph A.2.b.: (6) Knowledge of the receipt of documents concerning a claim or “suit” will be considered knowledge of yours only if receipt of such documents is known to you, if you are an individual, a partner, an executive officer, or an employee designated by you to forward such documents to us. R. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Section IV-Business Auto Conditions, Paragraph A.5.: We waive any right of recovery we may have against any “insured” provided coverage under this endorsement under B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT, but only as respects “loss” arising out of the operation, maintenance or use of a covered “auto” pursuant to the provisions or conditions of the written contract or agreement. S. UNINTENTIONAL OMISSIONS The following is added to Section IV- Business Auto Conditions, Paragraph B.2.: We will not deny coverage under this policy if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional. T. BODILY INJURY REDEFINED Section V- Definitions, Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, disability, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". U. EMPLOYEE HIRED AUTO 1. Changes In Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9390-20 2nd rdg Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9390-20 on second reading, vacating a portion of a platted utility easement described as a part of Tract “C” Drainage Area, Sunstream Subdivision, according to the plat thereof, recorded in Plat Book 143, Pages 65-69 of the Public Records of Pinellas County, Florida. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/15/2020 1 Ord. No. 9390-20 ORDINANCE NO. 9390-20 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A PLATTED UTILITY EASEMENT, DESCRIBED AS A PART OF TRACT “C” DRAINAGE AREA, SUNSTREAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 143, PAGES 65-69, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A”, attached hereto and incorporated herein, has requested that the City vacate said easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said 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: A portion of 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. 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 ________________________________ ________________________________ Frank Hibbard Mayor 2 Ord. No. 9390-20 Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk PARKSTREAM AVE SUNSTREAM LN MOONBEAM WAYAERIAL MAP PROPOSED UTILITY EASEMENT VACATION 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 Utility Easement Vacation2850 Sunstream Ln. Page 1 of 1Aerial Flown 2019 Date:2/14/2020WDMap Gen By: Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Location Maps\2850 Sunstream Lane.mxd 32-28s-16eS-T-R:233BGrid #:RBReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7776 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-22. SUMMARY: Page 1 City of Clearwater Printed on 5/15/2020 Resolution No. 20-22 RESOLUTION NO. 20-22 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS – MAY 21, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY AND CONFIRMING MODIFICATION OF EMERGENCY REGULATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director (City Manager William B. Horne), after certification of emergency conditions by the Emergency Management Coordinator (Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day, extended 7 days by Mayor George N. Cretekos on March 25, 2020, extended 7 days by Mayor Frank Hibbard on April 1, 2020, and confirmed by City Council in Resolution 20-14 on April 2, 2020, extended 7 days by Mayor Frank Hibbard on April 8 and April 15, 2020 and confirmed by City Council in Resolution 20-16 on April 16, 2020, then extended 7 days by Mayor Frank Hibbard on April 22, April 29, and May 6, confirmed by City Council in Resolution 20-19 on May 7, and extended 7 days by Mayor Frank Hibbard on May 13, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as “worldwide spread of a new disease,” and is the first declared pandemic since the H1N1 "swine flu" in 2009; and WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and Resolution No. 20-22 WHEREAS, on March 16, 2020 President Trump and CDC issued the “15 Days to Slow the Spread” guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, “COVID- 19 Safer at Home Order,” directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from “an area with substantial community spread” to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal Resolution No. 20-22 interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, “Order Relaxing Beach Restrictions With Conditions,” allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 “Order Clarifying Local Restrictions,” which gives support to Governor DeSantis’ EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Horne announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County’s Res. 20-34; and WHEREAS, as of May 21, 2020, _____ Florida residents (_____ total cases in Florida including non-residents), including _____ in Hillsborough County (including ___ deaths), _____ in Manatee County (including ___ deaths), _____ in Pasco County (including ___ deaths), _____ in Pinellas County (including ___ deaths), at least _____ cases of which are believed to be City of Clearwater residents, have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Resolution No. 20-22 Section 1. The May 13, 2020 state of emergency proclamation is hereby confirmed. Section 2. The May 20, 2020 state of emergency proclamation is hereby confirmed. Section 3. This resolution shall take effect immediately. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 21st day of May, 2020. Attest: ___________________________ _______________________________ Rosemarie Call Frank Hibbard City Clerk Mayor Approved as to form: ___________________________ Pamela K. Akin City Attorney Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7775 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Authorize staff to move forward with the necessary steps to obtain approval for the redevelopment of The Landings Golf Course site as a light industrial center. SUMMARY: Staff is seeking direction for a proposed redevelopment of property addressed at 1875 Airport Drive in Clearwater. About the Property: The subject property is city-owned land currently operating as The Landings Golf Course. The zoning and land use is designated Open Space/Recreation (OS/R). In total, the site is 77.71 acres MOL and is bounded by N. Keene Rd to the east, Airport Dr. to the south and adjacent to Clearwater Airpark which is both west and north of the property. About the Project: The proposed project envisions construction of a multi-building industrial center comprised of +/- 750,000 SF Class A rentable space on 65.49 acres MOL. The proposed developer, Harrod Properties anticipates that the project will be developed in 4 phases over a 5 to 7-year period, subject to market conditions and seeks to enter into four separate ground leases with the same terms and conditions. The term of each lease is proposed to be 65 years with three successive 10-year renewal options. The only modifications will be the commencement dates and the Tenant under each ground lease resulting from the developer ’s desire to phase the project in accordance with market conditions and the fact that each phase may be owned by a different entity, but all of which will be an affiliate of Harrod Properties. These leases may be assigned by Tenant (Exhibit A). If Council determines to move this project forward for further review and necessary approvals, the following steps are necessary: ·At the next council meeting (June 4), staff will bring forward the proposed term sheet for approval. Council will consider declaring the property surplus for the purpose of leasing the site for an industrial center. ·The city attorney will prepare and bring forward in June, draft language of referendum question to be placed on the ballot for the November election. The City Charter section 2.01 (d)(5)(v) requires approval at referendum prior to the lease of property identified as recreation open safe space on the city’s comprehensive plan. ·The city attorney will prepare and bring forward in July the referendum question for approval on 1st reading. Upon approval of the language at 2nd reading in August, the referendum language will be transmitted to Pinellas County Supervisor of Elections for placement on the ballot for the November 3 election. Page 1 City of Clearwater Printed on 5/15/2020 File Number: ID#20-7775 ·The developer will prepare and submit applications for appropriate land use plan amendment (IL, Industrial Limited), rezoning (IRT) and FLD (Flexible Development) approvals. ·Staff will bring to Council for approval the final lease agreements. Remainder Parcel: The remainder of the property, approximately 12.22 acres, is proposed to remain recreational use and the city anticipates entering into a lease agreement with the current golf course operator. The operator envisions the construction and operation of an Aqua Range at this location. Staff Recommendation: An appraisal of the subject property was conducted in May, 2019, and subsequent limited environmental (Phase I Environmental Site Assessment, Limited Contamination Study), wildlife hazard, (Wildlife Hazard Site Visit Report), and geotechnical studies (Preliminary Geotechnical Engineering, Redevelopment Feasibility Study) were conducted between July, 2019, and April, 2020. The City is committed to preserving and protecting open space for recreational uses and environmental sustainability. An inventory of current park lands (1,708 acres) in Clearwater shows the level of service is 14.6 acres per 1,000 residents which exceeds the minimum standard of 4.0 acres per 1,000 residents. The removal of 65.49 acres from inventory will reduce this level to 14.2 acres per 1,000 residents which exceeds the minimum standard by 355%. Staff also evaluated the level of service on Keene Road/CR1 and finds that the roadway capacity is currently rated Level C which is generally defined as having stable flow, at or near free flow. Signalization at Palmetto Street/Keene Road is currently being deployed as a joint project with Pinellas County. Additionally, staff conducted a limited economic impact analysis of the proposed use of the subject site and found that the proposed construction of +/- 750,000 SF with a capital investment of $131 million might yield for the city 1,950 direct jobs, 1,823 additional spin-off jobs in the city (indirect and induced), and $11 million in net benefits to the city over a 10-year period. A more thorough examination of economic impact will be conducted as negotiations are finalized and more information regarding employer operations becomes available. Finally, the city Economic Development Strategic Plan (November 2011) recommends the following: “Located adjacent to the Hercules industrial area, the par-3 golf course represents the best opportunity for expanding Clearwater’s stock of undeveloped industrial property. For a built-out, landlocked city with little industrial land this is essential. If the city hopes to expand its manufacturing base, this and other similarly underutilized city-owned properties should be evaluated for accommodating new industrial development.” APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 5/15/2020 File Number: ID#20-7775 N/A Page 3 City of Clearwater Printed on 5/15/2020 Ground Lease Proposal – The Landings GENERAL TERMS: PARTIES: Landlord – City of Clearwater Tenant – Harrod Properties, Inc., or its assigns PROJECT: The Landings Corporate Center (to be built +/ 750,000 SF – Class A - tilt wall industrial project). GROUND LEASE PARCEL: The entirety of the current Landings Golf Course located along Keene Rd. in Clearwater, FL (the “Property”). The Property is outlined on the aerial photograph attached hereto as Exhibit “A”, which shall be superseded by a metes and bounds survey prior to closing. GROUND LEASE TERM: 65 years RENEWAL OPTIONS: Tenant shall have three successive 10-year renewal options. REMAINING GOLF COURSE: The City will enter into a direct lease with the Huston family for the 12.22 acre site that will remain golf use. GROUND RENT The rental rate for Phase 1 will be $0.22 per useable square foot per year plus sales tax (if applicable) paid monthly. The rental rate shall increase annually by the greater of 2% or the annual increase in the United States Department of Labor Consumer Price Index for All Urban Consumers (CPI-U) for the South Region for all items, such increase not to exceed 5% annually, with the rate adjusting every five (5) years for payment purposes. The rental rate for future phases (Phase 2 through Phase 4) shall be the then current rental rate of the Phase 1 land lease at the commencement date of the future phase lease. The rental payments shall increase in the same fashion on a five-year interval. Tenant shall receive a ground rent credit for any additional development costs associated with the project as a result of the existing landfill, not to exceed ___________. It is anticipated that a portion of the land fill material (stormwater areas) will need to be removed. Landfill areas under buildings will be left in place and the building foundations will be modified form slab on grade to a pier system with grade beams. Landfill areas under parking areas will be left in place. Tenant shall, upon commencement of the Phase 1 Ground Lease, reimburse the existing tenant (Huston Family) for the then outstanding balance of their bank loan (±350K) to the City for the recently installed irrigation system. Tenant shall receive a ground rent credit equal to the amount of said loan payment. Tenant shall also provide liability insurance coverage for the Property, naming Landlord as an additional insured thereunder, for the duration of the Ground Lease. Tenant will be responsible for the mowing and maintenance of the leased property upon commencement of the Phase 1 Lease Term. Tenant shall cap all existing wells prior to the completion of the Phase 1 work. The City shall ensure the property is served with an appropriate amount of reclaimed water. Tenant shall be responsible for all real estate taxes payable on the Property throughout the Lease Term. OBLIGATORY TAKEDOWN SCHEDULE: Phase 1 (+/- 19.00 acres) – Immediately upon receipt of all approvals necessary to construct the proposed project. Phase 2 (+/- 15.00 acres) – Timing at Tenant’s discretion but no later than 3 years from the Phase 1 takedown. Phase 3 (+/- 13.53 acres) – Timing at Tenant’s discretion but no later than 5 years from the Phase 1 takedown. Phase 4 (+/- 5.55 acres) – Timing at Tenant’s discretion but no later than 7 years from the Phase 1 takedown. The Phases shall be generally as delineated on “Exhibit A”. The Phases outlined herein are subject to adjustment by the parties and consent to such adjustment by the City shall not be unreasonably withheld. Any such adjustment shall include a rent adjustment of the rate of twenty-two cents ($0.22) per usable square foot. There will ultimately be four (4) separate ground leases with the same terms and conditions. The only modifications will be the commencement dates and the Tenant under each ground lease. This is a result of our desire to phase the project in accordance with market conditions and the fact that each phase may be owned by a different entity, but all of which will be an affiliate of Harrod Properties. These leases may be assigned by Tenant. The time for performance of Tenant’s obligations hereunder shall be “tolled” by the amount of time, if any, required to fully resolve any third-party challenge to any of the governmental approvals required to develop the project contemplated herein. PREPAYMENT OPTION: Tenant shall have the right at any time during the ground lease term and renewal terms to prepay the ground lease for a period of up to 20 years, with a minimum prepayment of 5 years. In the event Tenant elects to exercise said option, the prepayment shall be an amount equal to the discounted value of the future payments over the desired term. The discount rate utilized for this calculation shall be the lower of the then current prime rate of interest or four percent (4%). CONTINGENCIES: The obligations of Tenant hereunder shall be contingent upon the successful completion of all of the contingencies listed below: (a) The Clearwater City Council forwards the required referendum ballot question to the Supervisor of Election Office for inclusion in the November 2020 election cycle; and (b) The referendum question passes at referendum in November 2020; and (c) The Tenant is able to obtain final, non-appealable Development Orders including a Countywide LUPA, appropriate rezoning and FLD approval by November 2020, which timeframe shall be tolled by the number of days “lost” due to the pendency of any third party challenges to any of the approvals set forth therein; and (d) The current Tenant on the Property (Huston Family) fulfills its covenants to Tenant by separate agreement regarding the restructuring of its existing lease with the City. ENVIRONMENTAL REVIEW: Tenant shall have sixty (60) days from the date of approval of this term sheet by the City Council in which to determine whether the environmental condition of the Property is acceptable to Tenant, in its sold and absolute discretion. In the event that Tenant determines that material environmental conditions or geotechnical issues exist with respect to the Property, this transaction shall be deemed terminated, and neither party shall have any liability to the other. OFF SITE RETENTION: Landlord acknowledges that some of the necessary retention for the proposed project will be located on the remaining golf course site to the south (the “Remaining Golf Course”), which will necessitate that a perpetual drainage easement be granted to Tenant. The cost of constructing the proposed retention will be borne by Tenant and Landlord will have the use of any fill dirt generated during the construction of the retention. The location of the proposed retention will be in an area mutually agreeable to Tenant, Landlord and the Tenant of the Remaining Golf Course. Tenant shall also be granted an easement to construct, maintain and utilize the additional retention ponds on the remaining land phases upon commencement of the Phase 1 ground lease. Tenant shall size the pond on the Remaining Golf Course parcel to accommodate a future multi-family development on that site. The City will ensure that any future developer will pay is pro rata cost to maintain and repair said retention pond. SUBORDINATION: Landlord agrees that its interest in the ground lease will be subordinate to the lien of Tenant’s institutional lender, and Landlord further agrees to enter into a subordination and non- disturbance agreement reasonably acceptable to Tenant’s lender(s) evidencing such subordination. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7766 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Imagine Clearwater - Michael Delk, Assistant City Manager SUMMARY: Discuss the timing of the June 1 meeting (or special meeting establishment) for Library and Park redesign/changes. Page 1 City of Clearwater Printed on 5/15/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7765 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Scientology Impact on Downtown Clearwater - Councilmember Bunker SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/15/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7763 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Emergency Medical Services Week Proclamation - Division Chief of EMS Anthony Tedesco and Fire Chief Scott Ehlers SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/15/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7768 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Employee of the Month award - Fire Medic Autumn Yanchunis SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/15/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-7769 Agenda Date: 5/18/2020 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 13.3 SUBJECT/RECOMMENDATION: Firefighter of the Year and Fire Medic of the Year SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/15/2020