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06/01/2021
Tuesday, June 1, 2021 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 June 1, 2021Council Work Session Work Session Agenda 1. Call to Order 2. City Manager Approve the recommendation of the Bluff RFP selection committee and authorize city staff to engage in negotiation with City Center Development Group LLC, for the purpose of establishing a development agreement for the development of the Harborview, City Hall, and Pierce Street sites and provide an update on the Imagine Clearwater project. 2.1 3. Office of Management and Budget Amend the City’s fiscal year 2019/20 operating and capital improvement budgets at mid-year and pass Ordinances 9475-21 and 9476-21 on first reading. 3.1 4. Economic Development and Housing Approve purchase orders to Rock Solid of Florida, LLC of St. Petersburg, FL, NOVA Engineering & Environmental, LLC of Tampa, FL, and New Dimension Builders, LLC of St. Petersburg, FL for building inspections, reporting, and construction management services, in the total annual cumulative, not-to-exceed amount of $150,000.00 for a one-year term, with the option for three one-year renewal options at the City’s discretion, pursuant to Request for Proposals (RFP) 27-21 Building Inspections, Reporting, and Construction Management Services, and authorize the appropriate officials to execute same. (consent) 4.1 5. Engineering Approve a professional service agreement with Hazen and Sawyer of Tampa, FL as the Wastewater Collection System Program Consultant (19-0011-UT) in the not-to-exceed amount of $18,647,400.00 for a six-year term pursuant to Request for Qualification (RFQ) 11-20 and authorize the appropriate officials to execute same. (consent) 5.1 6. Parks and Recreation Approve a purchase order to Keystone Excavators, Inc., of Oldsmar, FL for site improvements at the Long Center, located at 1501 North Belcher Road, for a guaranteed maximum price of $491,519.16 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR) Services Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 6.1 7. Fire Department Page 2 City of Clearwater Printed on 5/28/2021 June 1, 2021Council Work Session Work Session Agenda Approve a Construction Manager at Risk (CMAR) agreement and proposal from Biltmore Construction Co., Inc. (Biltmore), of Belleair, FL, for the construction of temporary Fire Station 46, (18-0028-FD) for the Guaranteed Maximum Price (GMP) of $338,914.00 pursuant to Request for Qualifications (RFQ) No. 18-20 and authorize the appropriate officials to execute same. (consent) 7.1 8. Information Technology Approve a purchase order to Crown Castle, Inc., of Clearwater, FL, for internet service provision for the City’s wide-area network in a not-to-exceed amount of $174,240.00 for a 36-month term ending June 30, 2024 and authorize the appropriate officials to execute same. (consent) 8.1 Authorize an agreement with Granicus, LLC of Washington, DC for software subscription maintenance and professional services in an amount not-to-exceed $419,369.54 for a three-year term effective June 1, 2021 through May 31, 2024, pursuant to Code of Ordinances 2.564(1)(b) Sole Source, and authorize the appropriate officials to execute same. (consent) 8.2 Authorize purchase order(s) with Selectron Technologies, Inc. (Selectron) of Portland, OR for software subscription maintenance and professional services for a five-year term and for Atlas Insight for a three-year term effective June 1, 2021 in an amount not-to-exceed $313,542.50 pursuant to Code of Ordinances 2.564 (1)(b) Sole Source and authorize the appropriate officials to execute same. (consent) 8.3 9. Official Records and Legislative Services Reappoint Thomas Hinson, Jr. and Julie Phillips to the Brownfields Advisory Board with terms to expire June 30, 2025. (consent) 9.1 Reappoint Rosemarie Kibitlewski to the Library Board with a term to expire June 30, 2025. (consent) 9.2 Appoint one member to the Parks and Recreation Board with a term to expire May 31, 2025. 9.3 Appoint one member to the Community Development Board as the alternate member to fill the remainder of an unexpired term until April 30, 2022. 9.4 10. Legal Adopt Ordinance 9448-21 on second reading, annexing certain real property whose post office address is 1770 St. Croix Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.1 Page 3 City of Clearwater Printed on 5/28/2021 June 1, 2021Council Work Session Work Session Agenda Adopt Ordinance 9449-21 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1770 St. Croix Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 10.2 Adopt Ordinance 9450-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1770 St. Croix Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.3 Adopt Ordinance 9451-21 on second reading, annexing certain real property whose post office address is 1881 Montclair Road, Clearwater, Florida 33763, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.4 Adopt Ordinance 9452-21 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1881 Montclair Road, Clearwater, Florida 33763, upon annexation into the City of Clearwater, as Residential Urban (RU). 10.5 Adopt Ordinance 9453-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1881 Montclair Road, Clearwater, Florida 33763, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.6 11. City Manager Verbal Reports 12. City Attorney Verbal Reports 13. Council Discussion Item PSTA/Forward Pinellas Update - Councilmember Allbritton13.1 Hire Owners Representative for Imagine Clearwater Project - Mayor Hibbard 13.2 TDC Funding Request for Imagine Clearwater- Mayor Hibbard13.3 Picnic tables in city parks - Councilmember Beckman13.4 Election Voting Methods (seek public input)13.5 14. 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). Page 4 City of Clearwater Printed on 5/28/2021 June 1, 2021Council Work Session Work Session Agenda 15. Closing Comments by Mayor 16. Adjourn 17. Presentation(s) for Council Meeting Garden Week Proclamation - Howard Warshauer and Anne Fogarty-France, Clearwater Garden Club 17.1 LGBT Pride Month Proclamation - Jennifer Poirrier, Director of Human Resources 17.2 Page 5 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9236 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Approve the recommendation of the Bluff RFP selection committee and authorize city staff to engage in negotiation with City Center Development Group LLC, for the purpose of establishing a development agreement for the development of the Harborview, City Hall, and Pierce Street sites and provide an update on the Imagine Clearwater project. SUMMARY: On May 24, the Bluff RFP Selection Committee met and rank scored SROA Capital and City Center Development Group LLC proposals for development of the bluff properties. Based on the outcome of that ranking, the committee selected City Center Development Group LLC to recommend to City Council for the purpose of entering into negotiation of a development agreement for the redevelopment of the bluff properties adjacent the Coachman Park. While not unanimous, the selection committee shared a number of consistent observations about the advantages and disadvantages of each proposal. The committee shared positives of the SROA project with regard to density and intensity, mix of uses, creative design and space utilization, and park connectivity. Concerns included the same density and intensity in terms of whether or not the market could absorb the extensive number of units and floor area proposed. Scale and density at the Harborview site were of concern along with proximity of residential relative to the proposed amphitheater. However, the committee expressed concerns with the financial feasibility and level of public investment that would be needed from the City to achieve market viability. The proposed rent structure and needed returns are approximately 400% of current market rent levels. In addition, insufficient financial information was available to determine full extent of what financial return would be to the city with regard to real estate value as well as the subsidy needed to make the project work. While the overall value of the project would be substantial, the financial ask and impact to the City was not determinable. The City Center Development Group LLC proposal on the other hand was thought by the committee to materially underutilize the bluff property development potential. While the committee liked the urban market proposal, some concerns were expressed about the larger size of the market proposed. In addition, with 600 parking spaces, the committee expressed reservation about the extent of parking on Osceola immediately adjacent to the park. Parking as a land use adjacent to the park on the bluff is viewed as an undesirable use in such a signature location. Sufficient parking to accommodate residential use, the library, and a limited Page 1 City of Clearwater Printed on 5/28/2021 File Number: ID#21-9236 number of extra spaces incorporated into the development would not be considered in and of itself as a land use and could be successfully incorporated. A 400-space parking garage is not conducive the active edge development for the park. However, overall, the City Center Development Group LLC provided the requested financial information for review and analysis. Rent structures presented were higher than current market rates in downtown Clearwater but were generally considered viable numbers given the opportunity for new space in an activated location along the bluff. Overall, City Center Development Group LLC proposal was considered economically viable, appropriate to market if not somewhat less density and intensity than ideal and would seem to suggest a level of public participation that could be successfully negotiated. The committee also believes that in some instances, some enhancement to the City Center Development Group LLC proposal could be negotiated and still retain viability. In addition, the committee members believe the development could generate with the food hall and market components, a potentially supportable public referendum. Therefore, it is the committee’s recommendation to be allowed to enter negotiations with City Center Development Group LLC. For that purpose, the committee recommends that in addition to all finance incentives, financial return to the City, and final development scenario proposals, the committee be allowed to negotiate further on the following points: 1.Tenant mix and space allocation 2.Location and number of parking spaces and structures 3.Whether or not viable option exists to incorporate residential or overnight use in the Harborview area (City Center Development Group LLC proposed an alternative plan with a residential use in this area). 4.Cultural/Civic space use Page 2 City of Clearwater Printed on 5/28/2021 Proposal for Downtown Clearwater Waterfront Development Opportunities Deadline: April 12, 2021 @ 12 pm Developer Applicant: City Center Development Group, LLC Lead Contact: Craig Govan Principal (954) 646-8204 cgovan@citycenterdev.com 2 Introduction Letter April 12, 2021 Lori Vogel, CPPB, Procurement Manager City of Clearwater 100 S. Myrtle Ave., 3rd Floor Clearwater, FL 33756 Lori.Vogel@myclearwater.com RE: RFP #14-21, Downtown Clearwater Waterfront Development Opportunities Ms. Vogel, City Center Development Group along with Wendover Housing Partners, TCII Capital Group and Brew Theory are incredibly excited to pursue this long-anticipated Request for Proposals for the three redevelopment sites in downtown Clearwater. Our Development Team is uniquely qualified to address the needs and requirements set forth in the RFP. We’ll work with the City’s leadership to develop a mixed-use Master Plan that fulfills the City’s vision, as well as introduce new workforce housing units, retail-commercial spaces, a new hotel, brewery/food hall and new parking garage space for public use. Our team of urban design and architecture consultants bring a wealth of experience in placemaking to this project. My personal knowledge of this site dates back to my childhood, having grown up in Clearwater and attended both Clearwater and Pinellas Park High Schools. While a senior at the University of Florida’s School of Building Construction, ironically we were required to estimate the overall construction costs of Clearwater City Hall! I’ve developed commercial and mixed-use properties across the Southeastern United States, but getting to help breathe new life into these downtown Clearwater sites would be a benchmark achievement for my career. With ongoing input of City leaders, coupled with our Development Team’s own extensive experience serving as Master Developer of large multi-phase projects, we believe our vision for the downtown Clearwater sites –and financial resources to execute properly –is consistent with the City’s Imagine Clearwater initiative, and look forward to working with the City to bring this vision to reality. Sincerely, Craig Govan, President City Center Development Group, LLC Jupiter, FL 33458 (954) 646-8204 cgovan@citycenterdev.com 3 Table of Contents Introduction Letter…………………...………………………………………………….. Team Introduction and Project Experience……………………………………. Development Plan………………………………………………………………………... Financial Plan…………….………………………………………………………………….. Financial Offer…………………..………………………………………………………….. Exhibit A -Forms………………..….....………………………………………………….. Supporting Documents………………………………………………………………….. 57 47 4 2 40 59 3 66 Team Introduction & Project Experience 5 Team Organizational Chart GENERAL PARTNER & MASTER DEVELOPER –COMMERCIAL URBAN DESIGN& LANDSCAPE ARCHITECTURE ARCHITECTURE & INTERIOR DESIGN LIMITED PARTNER –RETAIL/GROCERY DEVELOPMENT PARTNER -MULTIFAMILY City Center Development Group, LLC 5 LIMITED PARTNER –HOTEL MANAGEMENTFOOD HALL PRIMARY TENANT & OPERATOR Clearwater Culture, LLC LOCAL LEGAL COUNSEL 6 Team Composition & Structure We’ve assembled a highly experienced Development Team to tackle these downtown Clearwater sites who have collaborated successfully on previous projects, and offer more than 150 years of combined experience in commercial and residential development. Leading the team is Clearwater native Craig Govan of City Center Development Group as General Partner and Master Developer. City Center Development plans to hold a majority equity stake in this project’s new Food Hall (Harborview Site) and Hotel (Pierce Street Site). Wendover Housing Partners will serve as a Development Partner focused on the proposed workforce housing, mixed-use Multifamily building (City Hall Site). Clearwater Culture, LLC will serve as the master tenant and operator of the proposed Food Hall. Its principal Jeremy E. Roberts is currently partnering with developer Govan on a food hall in Apopka, FL, in a similar Public-Private Partnership land development with the City of Apopka. TCII Capital will be a Limited Partner and control the ground-floor retail and grocer segments of the mixed-use multifamily building. TCII is also partnering with developer Govan on retail site developments in Apopka, Orlando and a second site in Clearwater. GF Hotels & Resorts will be a Limited Partner and equity investor in the Hotel project, and will serve as hotel management. GF is currently partnering with developer Govan on a hotel in Apopka. Corresponding Letters of Intent can be viewed in the “Supporting Documents” section of this proposal. 6 Based in Jupiter, Florida, City Center Development Group is a family-owned, privately held commercial real estate developer of master planned mixed- use projects across the state of Florida. Led by President Craig Govan, a native of Clearwater, the company has successfully served as Master Developer or collaborated in joint ventures with a co-developer on more than a million square feet of commercial development. Govan has collaborated in successful Public-Private Partnerships (P3s) with municipalities to help develop public land assets, most recently with the City of Apopka on 35 acres that is now under construction for “Apopka City Center,” intended as a new urban core for the growing community northwest of Orlando. Govan has more than 30 years of successful experience coordinating and sourcing equity from a global pool of high-net worth private investors to help fund large commercial development projects like the downtown Clearwater sites. Govan is well-practiced at partnering with municipalities and local agencies on the long-term development of large land assets to ensure that their development provides sustainable growth for the entire community. With a proven track record of commercial real estate investment results spanning more than three decades, City Center Development Group delivers above-average returns year over year for its investors. 7 TEAM (Pictured Above andBelow) A Master Plan for the 35-acre Apopka City Center, and P3 mixed-use development of public land with the City of Apopka that is now under construction. Also pictured are renderings of the planned multifamily apartments at Apopka City Center. 7 City Center Development Group, LLC Staff Expertise Craig Govan PRESIDENT CITY CENTER DEVELOPMENT GROUP 35 YEARS’ EXPERIENCE Craig has a wealth of career experience developing and building master- planned commercial developments, including business parks and mixed- use community hubs with residential components. He also specializes in complex land entitlement projects that require a comprehensive knowledge of local, county and state governmental regulations.Craig has completed projects throughout the southeastern United States, grew up in Clearwater and added both Clearwater and Pinellas Park High Schools. EDUCATION 1994, Master of Science in Real Estate Development, Massachusetts Institute of Technology (MIT) 1985, Bachelors in Building Construction, Univ. of Florida Licensed Florida Real Estate Broker Licensed Class-A General Contractor LICENSE & REGISTRATION CAREER HIGHLIGHTS Mixed-use Apopka City Center over 35 acres in Apopka, FL (Master Developer) Four Walmart-or Sam’s Club-anchored shopping centers (Developer) Contractors Business Park –470,000 SF of industrial across 39 acres in Broward and Palm Beach counties (Developer) Numerous single-tenant, Triple Net- lease retail sites (Developer) Partial view rendering of the mixed-use Apopka City Center, now under construction in Apopka, FL. Partial view of a building in the Contractors Business Park in Palm Beach County. 8 City Center Development Group, LLC Downtown Clearwater Waterfront Development A look at Wendover's CEO and Founder,Jonathan Wolf,along with staff and residents. To watch the video, click on the image to the right, or use your mobile device to open this QR code: About Us Wendover Housing Partners builds,finances,and service affordable housing communities for families and seniors.As one of the Southeast's premier affordable and workforce housing companies,our expansive portfolio of affordable and mixed- income developments demonstrates our continuing ability to create housing opportunities in a variety of economically and socially diverse neighborhoods. Wendover's partnerships are diverse,working with both public and private enterprises to develop high quality affordable housing inventory.We have procurred funding through state and local housing finance authorities,as well as international financial institutions and pension advisory firms.Wendover is particularly adept at working with State and Federal government to secure financing and construct new, sustainable,affordable multifamily communities. Wendover believes that giving back to the community is crucial to the success of the company.Wendover is and remains committed to using environmentally sustainable and safe mothods in building and managing our properties.We also believe in supporting charities and community initiatives that provide a better standard of living for those in the community. Wendover's dedication to the highest possible standards in every aspect of our business is visible in everything we do.It is reflected in the distinctive design of our developments,in the quality of our construction,in the amenities we offer,and in the consistently high level at which our properties operate.It is also apparent in our long-term commitment to owning and managing our properties. Wendover Housing Partners www.wendovergroup.com Jonathan L .W o lf Founder and CEO,Wendover Housing Partners Jonathan L. Wolf is the founder and CEO of Wendover Housing Partners LLC, a Florida-based, privately-held real estate development, investment and management company. He oversees the strategic direction of both Wendover Housing Partners –which consists of a portfolio of affordable and market-rate multi-family communities, senior housing, transit-oriented communities and student housing – and Wendover Management,which provides full-service property management. Jonathan began his career in finance with The Chase Manhattan Bank and Citigroup in New York City. In 1995, he left the financial industry and founded Wendover Housing Partners, which he has helped build into one of the premier multi-family housing development companies in the Southeastern U.S. Wendover’s focus is on creating a new stock of affordable housing, targeting economically and socially diverse neighborhoods.To date,Wendover has completed numerous multi-family communities worth a total value of more than $1 billion.Jonathan actively works at the local,state and national levels to encourage lawmakers and governments to take the necessary measures to address the critical need for affordable housing nationwide. His success in developing affordable housing communities has earned him the reputation of being a leading authority in the use of low-income housing tax credits (LIHTC). He also has expertise in creating public-private partnerships to bring housing developments to fruition. Beyond his business interests,Jonathan,along with his wife Nancy,are committed to a variety of philanthropic efforts both locally and globally. Locally, the Wolfs helped facilitate the opening of an art exhibit, “A Boundless Drop to a Boundless Ocean,” a collaboration between the Orlando Museum of Art and The American University in Cairo that features artworks by 21 U.S.-based artists of Arab and Iranian heritage. This exhibit is one of the few instances that a cultural institution in the Middle East is holding a simultaneous exhibition with a U.S. museum. On an international scale, Jonathan and Nancy created a partnership between the University of Central Florida and The American University of Cairo in April 2018, paving the way for a reciprocal study abroad agreement, the Nancy and Jonathan Wolf Global Academic Initiative. This agreement was brought about thanks to the support and encouragement of the Wolfs, who believe the partnership between these two prestigious universities will help foster greater understanding of the broader U.S.- Egypt relationship.In addition to the student exchange component,the Wolfs also support other areas of cooperation,including faculty visits,exchanges and development programs. Jonathan also serves on a variety of charity, educational and civic boards in addition to lecturing at universities in the U.S. and abroad. Working alongside university presidents of the Independent Colleges & Universities of Florida (ICUF), Jonathan helped secure long-term funding from the Florida Legislature for the 29 ICUF institutions. His other Florida legislative initiatives include funding for the development of the Florida Special Olympics headquarters and training facility,as well as various affordable housing initiatives.Jonathan has been active in the ground up development of an Orlando-based Holocaust museum. Jonathan is a graduate of Georgetown University’s School of Foreign Service. He also studied at The American University in Cairo,where he currently serves a member of the AUC Board of Trustees. Our Partners (click logos to view websites) Landscape Architects N A K DESIGN STRATEGIES Architects ELEVEN 18 ARCHITECTURE General Contractor ROGER B .KENNEDY CONSTRUCTION Project Team Member Roger B.Kennedy Construction is a well respected and community invested general contractor and construction management firm focused on delivering superior results with more than 50 years building in Central Florida Commu nity Amenities •Community Rooms •Pools and outdoor recreational areas •Fitness centers •Common areas where residents can read,socialize or relax •Technology Cafes’ •Dog walks and grooming stations •Theater room •Mail center with package lockers All communities are 100%smoke free Long-t e rm Sust ainab ilit y •Implementation of best practices •Access to outdoor space and health and wellness activities •Florida Green Building Certification for multifamily Resident Sat isfact i on Wendover works hard to make the residents want to call our communities home -According to a 2015 survey from the National Apartment Association,the turnover rate for affordable housing communities nationally was 37%.Resident turnover at Wendover's affordable communities in 2019 was just 22%,well below the national average. Wendover begins accepting resident applications approximately 90 days prior to the estimated date of receipt of Certificate of Occupancy (C/O). Wendover reaches 100%occupancy within 90 days of receiving a C/O. "Kenwood Place has been our home since 2016.Your management team go above and beyond to make our senior life experience her pleasurable." "Our manager is marvelous!She's smart,direct,yet kind and works her little heart out for Heritage Village and us. She has an acute awareness of people and keeps our home in tip top shape.Ithank God for her daily.She is truly a blessing to you,Mr.Wolf." ""I have lived in a few apartments in my day,and although I have received decent service in the past,there is not any comparison to the excellent service Jerry provides.Jerry exemplifies what an excellent employee is." Resident Activities •Outside community organizations host on- site events and activities •Coordination with local school district for student technology resources •Summer programs for resident youth Tutoring assistance •Financial management/Budget counseling Community food pantry •On-site health screening •Nutrition programs Blood drives •Vot er registration •Homeownership Program Technology •Access controlled buildings •Community connectivity •Resident management software Low Cost Utility and Security •Water and sewer included in rent EnergyStar appliances •Facilitate utility payment assistance for residents in •need •Keycards and fobs for controlled accessibility to buildings •Video surveillance •Lighting •24 hour staffing 1105 Kensington Park Drive Suite 200 Altamonte Springs,FL 32714 WEBSITE www.wendovergroup.com EMAIL Ryan von Weller rvonweller@wendovergroup.com CONTACT NUMBER 407-333-3233 ext.294 Trade Consulting International, Inc. (TCII) was established in 1994 in Miami, FL, and had its beginning in management consulting and international trade finance. Subsequently,in 2002 they established TCII Property Management, Inc. which has grown to oversee the management and leasing of over 2million square feet of commercial retail shopping centers and various other commercial assets, consisting of over 220 tenants ranging from National Brands to Local Tenants. This represents a portfolio with a combined market value of over $200 million.The portfolio includes properties in Miami,Tampa, Orlando and Jacksonville, as well as various locations in Central Florida. After years of experience and success in property management and leasing, they have expanded and incorporated the TCII Capital Group. Their deep understanding of the retail and commercial markets allow TCII to offer services such as acquisitions, dispositions, investment analysis, financial consulting, marketing and advertising. TEAM 22 Pictured from top to bottom: The Kirkman Oaks Shopping Center in Orlando, a retail center anchored by Publix and Walgreens with 98,802 square feet near the busy intersection of Conroy Road and S. Kirkman Road; and Ocean Springs Shopping Center in Indian Harbor Beach, a 124,000-square-foot center anchored by Winn-Dixie at the busy intersection of East EauGallieBoulevard and A1A, just 15 minutes from Patrick Air Force Base. John Strzalka –Chief Financial OfficerJohn is a 2004 graduate of Villanova University, with Bachelor Degrees in Finance, International Business and Spanish, and has earned a Master of Science in Finance from Villanova. John began his commercial real estate career at Equity One (now Regency Centers) in North Miami Beach, working in acquisitions, capital markets, and research.In 2007, he moved with three former Equity One executives to the newly-formed Global Fund Investments as VP of Acquisitions.During his tenure with Global, John acquired in excess of $450 million of shopping centers through various methods: non-performing mortgage and REO acquisitions, fee-simple institutionally-owned purchases, and portfolio acquisitions, focusing primarily on Florida and Texas. In 2014, John joined Ibis Development as COO.In partnership with family offices and private institutions, he acquired in excess of $100 million of shopping center and single-tenant retail assets.He currently has ownership interests in approximately 700,000 square feet of retail and office space, predominantly in the southeast.In 2018, he joined TCII Capital as CFO, and is a partner in TCII’s management company and a number of the firm’s developments and recent acquisitions. John is a licensed Real Estate Sale Associate in the state of Florida, holds a certification in Argus underwriting software, is an active member of the International Council of Shopping Centers (ICSC), and sits on the board for Villanova’s DiLella Center for Real Estate. Jason Glaser –Chief Operating OfficerJason Glaser is a graduate of the University of Florida in 2007 with a B.A. in Economics, and holds a Master in Science of Real Estate and a Master of Arts in International Business from Florida. In 2010, Jason took a position with Southeast Centers as a financial analyst. Southeast Centers is responsible for managing Prudential Real Estate Investment’s grocery-anchored portfolio across the entire state of Florida. Jason’s responsibilities included financial analysis, as well as the day-to-day management of 25 commercial shopping centers throughout the state. In 2012, Jason joined Triarch Capital Group based out of Aventura, FL. Triarch Capital specializes in acquisition and redevelopment of commercial properties throughout Florida.While at Triarch, Jason was responsible for all tenant relations regarding the portfolio as well as financial on all new acquisitions.Jason also acted as their leasing agent for local properties and worked with the banks to provide proper financials for each loan, refinance and acquisition. In 2013, Jason joined TCII Property Management, Inc., in an effort to create an investment strategy that would allow them to increase their portfolio through the acquisition of commercial retail properties.Jason handles all ofTCII’s day-to-day management, as well as investor relations. Jason oversees all the leasing for the entire portfolio as well. Jason is a licensed Real Estate Sale Associate in the state of Florida, and is an active member of the International Council of Shopping Centers (ICSC). 23 TEAM Jeremy E. Roberts PRESIDENT & CEO CLEARWATER CULTURE, LLC & BREW THEORY 16 YEARS’ EXPERIENCE Jeremy is an experienced multi-unit and multi-tenant retail operator in Central Florida.He has built,owned and operated three breweries or beverage co-packing facilities,and is currently the president and CEO of Brew Theory,which produces beer and other beverages for multiple clients throughout the southeastern United States.Jeremy currently has two food halls under construction in Central Florida,and will act as manager and producer for breweries within his food halls. RELEVANT EXPERIENCE Partner in T.D. BARR Construction, a commercial construction and renovation company in Orlando, FL (2014 –present) Owner & Founder of Orange County Brewers with locations in Lake Mary, FL and Orlando International Airport (2016 –present) Owner & Founder of Brew Theory, a contract brewing and co-packing facility in Orlando, FL (2017 –present) Multi-unit franchisee for Little Ceasars: developed a five-story territory in Volusia County, 100 percent-owned, company sold in 2014. (2004 –2014) Brew Theory, a 12,000-square-foot production and beverage manufacturing co-packing facility. The facility features a 2,500-square-foot tap room for the public, and a recipe development lab on site. Orange County Brewers, a full-service brew pub and restaurant with 165 seats, opened in 2019 in Lake Mary, FL, with a second location coming in 2021 at Orlando International Airport. EDUCATION 2002, BA in Entrepreneurship and minor in Business Law, Central Michigan University 24 Clearwater Culture, LLC LICENSES & REGISTRATION Multiple 2COP, 4COP and CMB (commercial malt beverage) licenses through several facilities in Florida. TEAM GF Hotels & Resorts, through its affiliates or dedicated single-purpose entity, is a 33-year-old hospitality ownership and management company based in Philadelphia with regional operational teams in Orlando, Tampa, Charlotte and Dallas. GF is actively partnering with City Center Development’s Craig Govan on the development and management of the limited service hotel at his 35-acre Apopka City Center project in Apopka, FL. Formed in 1988, GF has evolved into a full-service ownership, management and advisory firm with the reputation as a distinguished leader in the hotel industry, specializing in premier property and resort management, financial turnarounds, asset and revenue management. GF has a national footprint divided among owned hotels, long-term management contracts, turn-around arrangements, and third-party asset management assignments. With a portfolio of more than 140 hospitality assets (10 of which are in Florida), GF has a presence in 28 states, giving them the scale and operational bench strength to effectively operate and manage hotels across the country. GF has built a network of relationships and managed hotels within the following brands: Marriott, Hilton, IHG, Hyatt, Wyndham, Choice, Radisson and Red Lion. GF has operated more than 30 brand under these franchisors. As an owner and operator of hotels for 30 years, GF implicitly understands the objectives of an owner regarding the development and management of hospitality assets. They have the resources and expertise to assist owners in achieving their goals and ensuring that an asset’s maximum value and potential is reached. GF’s proven performance spans across all hospitality classes, providing superior results to owners, private equity investors, lenders and asset managers. TEAM 25 GF Hotels & Resorts properties pictured from top to bottom: the Doubletree by Hilton Orlando Airport (353 rooms, 15,000 SF event space), the CocoKey Hotel and Water Park Resort in Orlando (391 rooms, 54,000 SF of event space), and the Holiday Inn Express Tampa-Brandon (119 rooms). About NAK Design Strategies NAK has had an impact on the world around us for more than three decades. Founded in 1987 in Toronto with offices across Canada and in Orlando, Florida, NAK is widely recognized as one of North America’s leading Landscape Architecture and Urban Design practices. With work spanning the public and private sectors, significant public spaces and community master plans, NAK has an established reputation for design creativity. We believe in an approach to Landscape Architecture and Urban Design that contributes to the health and viability of the communities we live and work in. VisioningFrom key sites to large-scale master plans, our team facilitates a rich exchange of ideas with communities to imagine extraordinary places to live, work and play. Landscape Architecture & Urban Design Our work articulates the foundation established by visioning and analysis to create a rich vocabulary of interconnected public space, streetscapes, natural areas and built form. With a multidisciplinary emphasis on the integration of urban form, landscape and architecture, our work spans the spectrum from large-scale, mixed-use developments and land-use studies to parks, trail networks and urban plazas. Sustainability & Green InfrastructureNAK specializes in the integration of living systems into urban design, uniting technology and ecology to create functioning ecosystems within buildings and communities. We are industry leaders in the design of rooftop gardens and parks, innovative stormwater management systems, urban horticulture and sustainability certifications. In recent years, NAK has been involved with more than 20 LEED-certified projects. TEAM Master planning by NAK for the 10,000-acre West Villages (Wellen Park), a new urbanist development based primarily in Sarasota County. NAK provided early-stage visioning and community planning for developer Mattamy Homes, in particular on its urban Town Center (pictured above). Pedestrian-friendly streets and neighborhoods, amenities within walking distance and an active lifestyle were reinforced through bike lanes, trails, parks and open spaces. NAK established design standards that will transcend through years of development. NAK has been a lead consultant for Urban Design and Landscape Architecture on the Master Plan for the 177-acre Lakeview Village,a waterfront redevelopment project on former industrial land in Greater Toronto. The sustainable mixed-use community features a range of housing, education and office space, an Innovation District, extensive parks systems, trails, pathways and access to local transit. 26 John Griffin, PLA REGIONAL DIRECTOR & ORLANDO OFFICE LEADER NAK DESIGN STRATEGIES / 24 YEARS’ EXPERIENCE John brings more than 24 years of experience providing landscape architecture, urban design and master planning services to public agencies and private-sector clientele across Central Florida. His hands-on approach to establishing the vision of a project at its earliest stages has helped deliver multiple award-winning developments that have reshaped the Greater Orlando landscape. He’s well-versed in leading multi-disciplinary teams through design, and construction phase services. Areas of expertise include streetscapes, gardens and parks, themed attractions, resorts and master-planned communities. RELEVANT EXPERIENCE EDUCATION Orlando International Airport –Term. C, Orlando FL Town of Celebration Phase 2, Kissimmee FL Amway Center Streetscape, Orlando FL Baldwin Park master-planned community, Orlando FL Bok Tower Gardens, Lake Wales FL Grand Cypress Resort Vacation Homes, Orlando FL GreenLink (linear stormwater park), Lake Nona (Orlando) FL Stadium Enclave student housing, Tallahassee FL B.S. Landscape Design & Management, Florida A&M University Master of Landscape Architecture, University of Florida Landscape Architecture License: Florida -LA6666700 LICENSE & REGISTRATION John served as landscape architect on the streetscape design surrounding the Amway Center in Orlando. John provided landscape architecture and master planning services to the original developer of Baldwin Park, a 1,000-acre new urbanist, master-planned community near downtown Orlando. 27 TEAM Anielle Delgado, AICP PLANNING PROJECT MANAGER NAK DESIGN STRATEGIES / 5 YEARS’ EXPERIENCE Anie is a nationally-certified Planner with experience and accomplishments in land master planning, concept design, regional planning, transportation planning, architectural visualization, site analysis, feasibility studies and facility programming. She is adept at managing complex planning studies and development applications, including Comprehensive Plan amendments, rezoning, entitlements, annexations, site plans and plats.Anie is passionate about providing a voice for stakeholders that represent our most vulnerable populations. She advocates for people-centric design that is walkable, inspiring, inclusive and safe for all users.RELEVANT EXPERIENCE EDUCATION Master Planner & Architectural Designer at Universal Creative (Universal Parks & Resorts) in Orlando (2018 –Sept 2020) Transportation Analyst –Grant Application/Bike Coordinator for City of Boca Raton (2017-18) Planner II –Multimodal Transportation for Palm Beach Transportation Planning Agency (2015-17) Master Planning design for Universal’s new Epic Universe theme park in Orlando Developed RFQ document & preliminary yield study for Universal’s new affordable housing initiative in Orlando Hazardous Walking Conditions Analysis and Bike Suitability Study & Map for Palm Beach County Master of Urban & Regional Planning, Florida Atlantic University B.D. in Architecture, Univ. of Florida AICP-Certified Urban Planner (#31020) LICENSE & REGISTRATION Anie worked on master planning and transportation design efforts while with Universal Creative for the new Epic Universe theme park. Rendering designed by Anie for the US-1 Multmodal Corridor Study in Palm Beach County. 28 TEAM Hannah Plate, BLA, ASLA PROJECT MANAGER NAK DESIGN STRATEGIES / 7 YEARS’ EXPERIENCE Hannah works to support a variety of landscape architecture and development projects in her role as Project Manager. She brings site design, creative placemaking, and on-the-ground engagement in construction administration to NAK’s projects in Central Florida. Hannah has worked with local government and non-profit organizations to advocate for planning and design, and collaborates with peer consultants to help guide development projects and build community. She can offer this team a wealth of experience in urban design, landscape architecture, green infrastructure, branding and wayfinding. RELEVANT EXPERIENCE EDUCATION Meridian Parks community, Orlando FL Celebration Island Village, Kissimmee FL Division Avenue Complete Streets Plan, Orlando FL Se7en Wetlands Park, Lakeland FL Historic Johnson Street Revitalization Streetscape, Hawthorne FL Polk TPO Trails, Polk County FL The Yard at Ivanhoe, Orlando FL Cade Museum, Gainesville FL Oviedo Medical Center Campus, Oviedo FL Lake Maude Park, Winter Haven FL Atlanta Beltline, Atlanta GA Lake Nona Boulevard, Orlando FL Bachelor of Landscape Architecture, University of Florida Project Coordinator in design and development of parks and open space for Island Village, the 350-acre final phase of the Town of Celebration, FL. Hannah served as Landscape Designer for 7-acre urban mixed-use development “The Yard at Ivanhoe” in Orlando, which includes 600 apartments and 50,000 square feet of retail-commercial space. Hannah’s design work focused on the rooftop amenity deck, two interior courtyards, public space with outdoor seating and dining opportunities, flex social spaces and an artists’ garden. 29 TEAM TEAM ELEVEN18 Architecture is a full-service,boutique design firm that provides architectural, engineering,and interior design services.Founded in 2009,the company is proud to be a certified Women’s Business Enterprise (WBE)and is licensed to work in 32 states.From retail to hospitality, education to industrial,we focus on using engaging design to solve practical problems for our clients. Our promise to you is the delivery of an incredible product and a professional performance! The award-winning firm’s team works in an open studio office located adjacent to downtown Orlando and operates on the principle that great service is the cornerstone of a professional services practice.Building relationships with clients,knowing their projects,and delivering well- designed,technically accurate products on time and on budget are the key building blocks of the firm. ELEVEN18 Architecture was founded by Kim Day McCann AIA LEED AP, Mark Adams AIA and Neke White.When you work with us,you work with experts in your industry.Our creative client-focused teams are led by these partners who work every day to bring their breadth of experience and creativity in architecture,interiors,planning,and graphics to every project. All of ELEVEN18 work is performed locally and every member of the design team has a professional degree in architecture,engineering or interior design to ensure a quality product and professional performance. With a focus on great design and exceptional detailing,ELEVEN18’s mission is the delivery of an incredible product and a professional performance. 30 Kimberly McCann, AIA LEED AP CEO & PRINCIPAL ARCHITECT ELEVEN18 ARCHITECTURE / 22 YEARS’ EXPERIENCE Blue-Sky and concept development for proposed renovation of the Tampa Bay Buccaneers stadium. Kim has devoted her time as managing partner of ELEVEN18 to build the small startup company, founded in 2009, into a full-service firm that turns out approximately six million square feet of various projects a year. Kim has won awards such as multiple ABC Golden Eagles, the 2007 Green Building of the Year, and US Metal Building Association’s Outstanding Design award. She is registered with the National Council of Architectural Registration Boards, and currently holds active licenses in 24 states. She brings decades of experience leading large mixed-use urban infill developments as Project Architect in Central Florida. RELEVANT EXPERIENCE EDUCATION Professional Architect registered in: AL, AR, CA, CT, FL, GA, IL, IN, KY, LA, MD, MI, MN, MS, NJ, NY, NC, OH, PA, SC, TN, TX, VA, & WV National Council of Architectural Registration Boards (NCARB) REGISTRATIONS 2000, Master of Architecture, Univ. of Florida 1998, Bachelor of Architecture, Univ. of Florida Baldwin Park Mixed-Use Town Center in Orlando (Project Architect) Dellagio Mixed-Use Office & Retail Complex in Dr. Phillips neighborhood of Orlando (Project Architect) Uptown Altamonte Mixed-Use development and P3 initiative in Altamonte Springs (Project Architect) Apopka City Center, a 35-acre Mixed- Use development in Apopka, FL (Project Architect) Urban redevelopment concepts for the historic Town of Eatonville, the oldest Black-incorporated municipality in the U.S., located near Orlando. 31 TEAM 32 33 The Apopka City Center project is a mixed-use development being designed and constructed as a public-private partnership between City Center Development’s Craig Govan as Master Developer and the City of Apopka.The 35-acre site is located at the intersection of US 441 and SR 436 in Apopka, FL.ELEVEN18 Architecture is the overall design architect working in partnership with Govan. Designed to honor historic lakefront Highland Manor which remains on site as a prominent wedding venue,the project consists of a five-story 114-room Hilton Garden Inn hotel which opened in July 2020, 200,000 square feet of restaurant, retail and office space, and 250 multifamily apartments.GF Hotels & Resorts is a limited partner and manager of the hotel in this project, and TCII Capital Group is a limited partner in the retail parcels. Over the past three years, ELEVEN18 and the developer have been working with members of the community to finalize the pre-development of this project, with the hotel quickly being constructed once the public roadway improvements were complete. The retail spaces are under development and multifamily should begin in 2021. Project Cost: $25 million invested thus far, forecasted for $100 million through completion Apopka City Center –Apopka, FL 34 Urban Infill & Public-Private Partnership Through an affiliate development company, Craig Govan has served as Master Developer on this 21-acre mixed-use development in unincorporated Seminole County since 2016. The first phase of the project features a 42,000-square-foot Walmart Neighborhood Market, a Walmart fuel station, and a 6,800-square-foot, multi-tenant retail outparcel housing Taco Bell, Heartland Dental and Wing Stop. The second phase, currently in due diligence and design, focuses on a remaining 5.75 acres of lakefront property that is entitled for a 250-bed senior living facility. Govan anticipates self-developing this project through his own company. Downtown Clearwater Team members ELEVEN18 Architecture and Centennial Bank have been active partners on this development as the project architect and commercial lender, respectively. Project Cost: $11.5 million for the retail elements and a projected $40 million for the senior living facility once fully developed. Balmy Beach Marketplace –Seminole County 35 Reference Project Urban Infill & Public-Private Partnership Uptown Altamonte Town Center ELEVEN18 Architecture’s Kim Day (McCann), AIA LEED AP, served as Project Architect (while with a previous firm) on this waterfront, urban mixed-use development which has become the heart of Altamonte Springs, FL, about 20 minutes north of Orlando. Designing on behalf of Unicorp National Developments, this large-scale public-private collaboration with the City incorporates a one-mile continuous boardwalk along a 37-acre lake, which now features an amphitheater and pier extending into the lake that have become focal points for public events and annual celebrations. The master-planned development included more than 220,000 square feet of commercial office and retail space, and approximately 500 multifamily and condominium units. Project Cost: $65 million (for commercial) 36 2 7 Reference Project Weston Park in Longwood, FL (Transit-Oriented Development) Located directly adjacent to a SunRail commuter rail stop in Longwood (Seminole County), Florida, this 208-unit market rate multifamily development was built in 2014 and funded by equity from developer Wendover Housing Partners and traditional lender financing. This project was the first new multifamily development built in the City of Longwood since the 1990s. Project Cost: $30 million Reference: Tom Krueger, Economic Development Manager for City of Longwood tkrueger@longwoodfl.org, (407) 260-3430 37 2 8 Reference Project Warley Park in Sanford, FL (permanent housing for homeless) Recognized as the first permanent supportive housing community for the homeless in Central Florida when it opened in mid-2020, this 81-unit multifamily development by Wendover Housing Partners involved collaborative partnership with multiple public agencies and non-profit service providers. Financing sources included funds from Florida Housing Finance Corporation provided through the 9 percent Low Income Housing Tax Credits (LIHTCs), State Apartment Incentive Loan (SAIL), National Housing Trust Fund programs and institutional debt. The community consists of two buildings over 4.5 acres with one-to three-bedroom apartments. All units are reserved for homeless individuals and families, with a priority for veterans and the chronically homeless. Amenities include a multipurpose clubhouse, computer labs, activity rooms and meeting rooms. The project’s design and construction was certified as meeting Florida Green Building standards. The non-profit Step Up on Second is providing on-site services such as mental health care, after-school kids programs, job training and placement, GED classes and educational programs for ongoing skills. Warley Park also has a commercial kitchen that can be used to train residents for restaurant jobs. Project Cost: $17 million Reference: Amye King, Director of Planning & Development Services, City of Sanford, amye.king@sanfordfl.gov, (407) 688-5142 38 9 Reference Project Granite Crossing Apartments in Lithonia, GA This 75-unit affordable multifamily development was built in 2016 in downtown Lithonia, and has served as a catalyst for the redevelopment of other under-utilized sites in the city’s urban core. Developer Wendover Housing Partners removed an existing blighted retail center and replaced it with new, high quality mixed-income housing. This was the first redevelopment of a commercial site in the city’s history. The design and construction was certified “Green” by relevant agencies in the state of Georgia. Funding sources included 9 percent LIHTCs and institutional debt. Project Cost: $15 million Reference: Shameka S. Reynolds, Mayor of Lithonia, Shameka.Reynolds@lithoniacity.org, (770) 482-8136 39 Development Plan Development Plan Summary Our Development Team intends to partner with the City to develop all three of the sites made available in downtown Clearwater. The concepts we’re proposing will flourish alongside existing business downtown, encourage activation of and drive patrons to the new waterfront park, and create a proper architectural context within the business district and its buildings. The uses we’ll be proposing and building heights should all work within the future land use plan designation of Central Business District, as well as the Downtown Commercial District and Downtown Core Character District. Vertical Development Program: Food Hall & Brewery - Harborview Site (1.43 acres): We intend to develop a two-story Food Hall & Brewery that features 18,000 square feet across two floors (enclosed), with an additional 4,500-square-foot rooftop terrace (open-air). Our primary tenant and operator Clearwater Culture, LLC, plans to assemble an exciting lineup of food and retail vendors from across Central Florida that will make this Food Hall a dining destination in the City. The new waterfront park currently has few amenities planned within its boundary. Our Food Hall will be able to service nearly all the new dining demand that arises from patrons of the park, its future public events, and expanded ferry service. The ground level will feature floor-to-ceiling windows that offer patrons a clear view through the building and out onto the expansive waterfront and public park, patio dining space and ample and inviting landscape design. Parking for the Food Hall will be provided in a new 400-space parking garage that is planned on what is currently a surface parking lot serving the library. This garage will serve patrons of the Food Hall and general visitors to the downtown area and waterfront park. Parking will be validated for Food Hall patrons, while general visitors to downtown can use the garage for a fee (timed entry). A Letter of Intent has been signed by primary tenant and operator Clearwater Culture, LLC, and is included in the “Supporting Documents” section of this proposal, as well as a Letter of Recommendation from Centennial Bank that shows its commitment to finance this development project. 41 Food Hall and Brewery rendering, overlooking waterfront park (Harborview site) Clearwater Culture, LLC looks forward to introducing the following lineup of vendors in the Food Hall as part of our Development Team’s proposal for the downtown Clearwater sites: Brewery Tenant –While the brand is yet to be determined, this will be a popular brewery within the Clearwater area that will help drive local traffic and notoriety to the project. Tin and Taco –An Orlando-based artisan taco concept that has multiple locations and a uniqueapproach to serving craft tacos and beers. Chicken Fire –An Orlando-based fried Chicken concept that has a great reputation and management team set up for scalability. Rooftop Bar -This concept will be operated by Jeremy Roberts’ management team.It will offer a "green roof" decor with several plant elements and a shipping container bar.There will be areas of covered seating and open areas that will showcase the view of the bay. A great space for special events and buyouts. Smoke and Donuts Barbecue -A Orlando-based craft barbecue joint that offers a classic selection of barbecue and made-to-order donuts. Coffee & Tea Concept -Yet to be determined, but ideally a local coffee joint such as Buddy Brew to draw in the local crowd. Pizza Concept -A potential wood-fired pizza product, which may also offer a Detroit-style deep dish.Multi-concept operator with an established management team. Bakery\Deli -Yet to be determined, but a concept that works great where you can find a local operator looking for an additional location. Retail Tenants -These are tenants that are non-food related, are from the Clearwater area, and have unique offerings oriented to our overall demographic.We would offer two or three of these types of retail outlets. FOOD HALL LINEUP 42 Food items pictured from top to bottom: Chips and guacamole from Tin and Taco in Orlando, beef brisket and sides from Smoke and Donuts Barbecue in Orlando, brick oven wood-fired pizza, and a serving of popular spicy fried chicken from Chicken Fire in Orlando. 43 Development Plan Summary Multifamily & Retail -City Hall Site (2.6 acres): We intend to develop a 207-unit mixed-use multifamily building with an integrated parking garage, and ground-level commercial space. The workforce and affordable multifamily units are proposed in a seven-story configuration over a two-story parking structure (266,419 square feet total). The ground floor will include a 20,000-square-foot grocery tenant, 8,000 square feet of ancillary retail fronting S. Osceola Avenue, and a 6,000-square-foot restaurant space overlooking the waterfront park. Led by Altamonte Springs-based Wendover Housing Partners, one of the premier developers and owner-operators of workforce multifamily housing in Florida, this building will fill a significant need for new mixed-income apartment options in downtown Clearwater. TCII Capital will be a limited equity partner for the ground-floor retail and grocery component. Wendover’s proposal is that all 207 units will be workforce, serving 120 percent AMI or lower, with the potential for some units to be dedicated to serve 80 percent AMI. Once developed, this will be a significant generator of new property taxes for the City, and the ground-floor grocery and retail will serve the needs of residents and office workers in the immediate area. With close to 30 years of multifamily development experience in Florida and across the Southeastern United States, Wendover is perfectly suited to develop this project. Although the effective rents will be capped to correspond to 120% AMI, the development itself will be traditionally financed and will not utilize tax credits. Wendover will bring Clearwater’s vision to life by designing the old City Hall site around a necklace of public open spaces, with walking paths that connect residents to neighborhood retail, common amenities, social infrastructure, and multi-modal transportation. Transit access, hidden parking and placemaking create a transit-oriented and walkable community. Retail Uses: Wendover’s development partner TCII Capital has connected with multiple regional grocers about providing a 20,000-square-foot grocery store that would share the City Hall site with the 600 structured parking spaces and 207 workforce housing units. Cultural Uses: Wendover has engaged with the Boys and Girls Club of the Suncoast (Pinellas County) to provide a small campus for their ongoing activities. The campus will likely be provided either next to the grocery concept, or on the ground floor of the multifamily building. The services that the Boys and Girls Club will provide will be an excellent match for the likely needs of the residents of the 207 workforce housing units. A letter of interest can be found in the Supporting Documents section. Proposed Parking: Wendover is proposing a 600-space structured parking garage on the City Hall site that will serve the following: 400 units reserved for the 207 multifamily units, 100 units for the grocery tenant, and 100 for public parking. We anticipate asking the City for $2.5 million initially (as outlined in the RFP) for the 100 public parking spaces. Mixed-use multifamily and retail rendering, overlooking waterfront park (City Hall site) Development Plan Summary 44 Hotel -Pierce Street Site (1.23 acres): We intend to develop a five-to six-story, 100-room limited service hotel fronting S. Osceola Avenue and Pierce Street. We anticipate the hotel will carry a Hilton flag, and have been approved for this site to have a hotel in Hilton’s “Tapestry Collection,” which allows for individuality and uniqueness of each hotel. Our market studies indicate that there is still unmet demand for a new limited service hotel on this side of the bay, to serve patrons of the waterfront park, area beaches and business/legal travelers near the County Courthouse. Parking for the hotel will be included in the structure, with the first two levels serving as dedicated parking garage. GF Hotels & Resorts has joined our Team as limited partner and property manager for this hotel. In the “Supporting Documents” section of this proposal, you’ll find a separate overview presentation from GF Hotels & Resorts, as well as a Letter of Recommendation from Bank OZK for its commitment to finance this hotel development. Architectural design inspiration image: The Rose Hotel in Chicago, a Tapestry Collection by Hilton property Architectural design inspiration image: The Kinney Hotel in San Luis Obispo, a Tapestry Collection by Hilton property Development Plan Summary 45 Development Timeline and Phasing: •Project Start: From time of selection we anticipate needing up to 12 months to work through due diligence and pre-development activities and permitting with the City. We would target taking control of all three parcels through a Master Development Agreement that is negotiated by August 2021, and finalized or signed after the referendum date in March 2022. We would then plan to purchase the Hotel site and begin ground lease payments for the Food Hall and Multifamily sites following the issuance of Building Permits. Our team has explored the surrounding area demographics and also reviewed all previously completed due diligence items. Any further due diligence will overlap with permitting. •Construction Start and Duration: We anticipate the Food Hall & Brewery to take 12 months to build, and the Hotel to take 18 months to build after permitting is completed. For Wendover Housing on the City Hall site, we estimate it will take roughly 18-24 months after permitting to construct the mixed-use multifamily and retailbuilding. Phasing of the project and overlapping construction activities between parking, multifamily and retail may shorten this timeline. •Initial Occupancy: The Food Hall & Brewery should be fully occupied by retail and dining tenants within the first two months of construction completion. For the mixed-use multifamily and retail building, the grocery component will be built to suit for a single tenant. The multifamily portion will begin initial lease-up 90 days prior to receiving a certificate of occupancy, and is estimated to take up to 10 months after opening to reach 100 percent occupancy. Approach to Public Partners: City Center Development’s Craig Govan has consistently delivered successful developments through Public- Private Partnerships with municipalities in Central Florida, while serving the role of Master Developer. Such active P3 projects for Govan include a partnership with the City of Apopka, and upcoming partnerships with Groveland and Ocala. We anticipate working closely with the City and CRA to identify and secure any necessary incentives early in the drafting of our Pre-Development Agreement. Our Master Developer and the team’s local law firm, Johnson Pope Bokor Ruppel & Burns, LLP, would engage with City and CRA staff to draft a Pre-Development Agreement within 60 days of being selected. Wendover’s core business is the development of workforce and affordable housing. Having been in the industry for close to 30 years, they are highly adept at interfacing with CRAs and all local government agencies to procure necessary financial resources. We work with counsel from our local government partners to draft Pre-Development Agreements that are mutually beneficial to both sides. Master Plan, Renderings & Green Building Conceptual Master Plan & Renderings: A complete Master Plan of our proposed development for all three sites, as well as architectural renderings and comparison image boards, can be found in the “Supporting Documents” section of this proposal. That section may be uploaded as a separate file for this submittal, due to file size limitations on the City’s FTP upload website. Commitment to Green Building Standards & Renewable Energy: Our Development Team will strive to meet the standards of WELL Silver and LEED Gold in the design and construction of the new buildings proposed in our plan. Our architecture and construction consultants are familiar with these standards, and can guide our evaluation of cost and materials selection to implement these standards for renewable energy and wellness. Wendover Housing also holds a Florida Green Building Certification for multifamily developers and owner-operators. We also plan to engage with Counterpointe SRE (Counterpointe Sustainable Real Estate) to explore using Commercial PACE Financing as a new addition to our capital stack for these projects, which can help ease the financial burden of meeting the higher WELL and LEED standards. Devesh Nirmul, vice president for Counterpointe SRE in Florida, is experienced in this field and carries the credentials of LEED AP O+M, Certified Energy Manager (CEM), and Certified Sustainable Development Professional (CSDP). A Letter of Intent (LOI) from Counterpointe SRE can be found in the "Supporting Documents" section of this proposal. 46 Financial Plan 3 7 Financial Plan Pro Formas: In the following pages you will find individual multi-year Pro Formas for our Development Team’s three proposed projects: the Food Hall and Brewery, Hotel, and mixed-use Multifamily and Retail building. 48 Food Hall Proforma @ 18% TAKE Total 2022 Total 2023 Total 2024 Total 2025 Total 2026 Total 2027 Total 2028 Total 2029 Total 2030 Total 2031Consolidated 10 Year Tenant4020 · Revenue-Brewery $1,040,000.04 $1,144,000.04 $1,258,400.05 $1,384,240.05 $1,453,452.06 $1,526,124.66 $1,602,430.89 $1,682,552.44 $1,766,680.06 $1,855,014.064021 · Revenue-TIN AND TACO $780,000.00 $858,000.00 $943,800.00 $1,038,180.00 $1,090,089.00 $1,144,593.45 $1,201,823.12 $1,261,914.28 $1,325,009.99 $1,391,260.49 4022 · Revenue-CHICKEN FIRE $624,000.00 $686,400.00 $755,040.00 $830,544.00 $872,071.20 $915,674.76 $961,458.50 $1,009,531.42 $1,060,007.99 $1,113,008.394023 · Revenue-ROOF TOP BAR $831,999.96 $915,199.96 $1,006,719.95 $1,107,391.95 $1,162,761.54 $1,220,899.62 $1,281,944.60 $1,346,041.83 $1,413,343.92 $1,484,011.124024 · Revenue-Barbecue $624,000.00 $686,400.00 $755,040.00 $830,544.00 $872,071.20 $915,674.76 $961,458.50 $1,009,531.42 $1,060,007.99 $1,113,008.39 4025 · Revenue-COFFEE \ TEA CONCEPT $207,999.96 $228,799.96 $251,679.95 $276,847.95 $290,690.34 $305,224.86 $320,486.10 $336,510.41 $353,335.93 $371,002.734026 · Revenue-PIZZA $727,999.92 $800,799.91 $880,879.90 $968,967.89 $1,017,416.29 $1,068,287.10 $1,121,701.46 $1,177,786.53 $1,236,675.86 $1,298,509.65 4027 · Revenue-Bakery $624,000.00 $686,400.00 $755,040.00 $830,544.00 $872,071.20 $915,674.76 $961,458.50 $1,009,531.42 $1,060,007.99 $1,113,008.394028 · Revenue-Deli $585,104.04 $643,614.44 $707,975.89 $778,773.48 $817,712.15 $858,597.76 $901,527.65 $946,604.03 $993,934.23 $1,043,630.944029 · Revenue-Retail Tenant $279,496.20 $307,445.82 $338,190.40 $372,009.44 $390,609.91 $410,140.41 $430,647.43 $452,179.80 $474,788.79 $498,528.23 4030 · Revenue-Retail Tenant $258,600.00 $284,460.00 $312,906.00 $344,196.60 $361,406.43 $379,476.75 $398,450.59 $418,373.12 $439,291.77 $461,256.36 Total Gross Income for food hall $6,583,200.12 $7,241,520.13 $7,965,672.15 $8,762,239.36 $9,200,351.33 $9,660,368.89 $10,143,387.34 $10,650,556.71 $11,183,084.54 $11,742,238.77 Gross Margin @ 18% for Management company $1,184,976.02 $1,303,473.62 $1,433,820.99 $1,577,203.08 $1,656,063.24 $1,738,866.40 $1,825,809.72 $1,917,100.21 $2,012,955.22 $2,113,602.98 5110 · Maintenance Repairs $42,600.00 $42,600.00 $42,600.00 $42,600.00 $42,600.00 $42,600.00 $42,600.00 $42,600.00 $42,600.00 $42,600.00 5120 · water \ trash $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 5121- electrical $66,000.00 $66,000.00 $66,000.00 $66,000.00 $66,000.00 $66,000.00 $66,000.00 $66,000.00 $66,000.00 $66,000.005122- Internet $9,600.00 $9,600.00 $9,600.00 $9,600.00 $9,600.00 $9,600.00 $9,600.00 $9,600.00 $9,600.00 $9,600.00 5123 - grease trap cleaning $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.005124 - Natural Gas $19,200.00 $19,200.00 $19,200.00 $19,200.00 $19,200.00 $19,200.00 $19,200.00 $19,200.00 $19,200.00 $19,200.005130 · Rent\Cam Real estate expense $432,000.00 $432,000.00 $432,000.00 $432,000.00 $432,000.00 $432,000.00 $432,000.00 $432,000.00 $432,000.00 $432,000.00 5141 · Supplies $13,200.00 $13,200.00 $13,200.00 $13,200.00 $13,200.00 $13,200.00 $13,200.00 $13,200.00 $13,200.00 $13,200.005160 · Cleaning \ Janitorial $22,800.00 $22,800.00 $22,800.00 $22,800.00 $22,800.00 $22,800.00 $22,800.00 $22,800.00 $22,800.00 $22,800.00 Total COGS $666,399.96 $666,399.96 $666,399.96 $666,399.96 $666,399.96 $666,399.96 $666,399.96 $666,399.96 $666,399.96 $666,399.96 Gross Profit $518,576.06 $637,073.66 $767,421.03 $910,803.12 $989,663.28 $1,072,466.44 $1,159,409.76 $1,250,700.25 $1,346,555.26 $1,447,203.02 6110 · Payroll Taxes SS/MED 6120 · PR - FUTA6130 · PR - SUTA 6210 · Medical6220 · Dental6230 · Vision 6240 · Life, AD&D, STD, LTD6300 · Retirement Benefits (401k)6410 · PTO - Regular 6420 · Military Leave6430 · Other PTO 6450 · Holiday 6600 · Workers' Comp6700 · Benefits Fees Total 6000 · FRINGE BENEFITS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7110 · Overhead Labor-Partner Salary $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 $51,999.96 7121 · Overhead SubK Labor-Professional7211 · Uniform/SWAG (OH)$1,800.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00 $1,800.007220 · Freight & Shipping (OH) 7230 · Vehicle Expenses (OH)$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.007231 · Fuel Expense (OH)7250 · Travel (OH) 7280 · Shared Service Allocation7285 · Outside Services (OH) CPA $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 7370 · Depreciation Expense Total 7000 · OVERHEAD EXPENSES $65,799.96 $65,799.96 $65,799.96 $65,799.96 $65,799.96 $65,799.96 $65,799.96 $65,799.96 $65,799.96 $65,799.96 8250 · Travel (G&A)8251 · Credit-Service Charge $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.008260 · Meals & Entertainment (G&A)$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8290 · Recruiting Expense $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.008320 · Insurance $44,280.00 $44,280.00 $44,280.00 $44,280.00 $44,280.00 $44,280.00 $44,280.00 $44,280.00 $44,280.00 $44,280.00 8330 · Legal Fees $18,000.00 $18,000.00 $18,000.00 $18,000.00 $18,000.00 $18,000.00 $18,000.00 $18,000.00 $18,000.00 $18,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Total 8000 · services $62,280.00 $62,280.00 $62,280.00 $62,280.00 $62,280.00 $62,280.00 $62,280.00 $62,280.00 $62,280.00 $62,280.00 Total Other Expenses $128,079.96 $128,079.96 $128,079.96 $128,079.96 $128,079.96 $128,079.96 $128,079.96 $128,079.96 $128,079.96 $128,079.96 Net Income $390,496.10 $508,993.70 $639,341.07 $782,723.16 $861,583.32 $944,386.48 $1,031,329.80 $1,122,620.29 $1,218,475.30 $1,319,123.06 10 YEAR CASH FLOWS Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Construction Lease Up Stabilized Stabilized Stabilized Stabilized Stabilized Stabilized Stabilized Stabilized Gross Potential Rent -$ 1,635,470$ 4,592,889$ 4,646,473$ 4,727,786$ 4,810,522$ 4,894,707$ 4,980,364$ 5,067,520$ 5,156,202$ Parking Revenues -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Miscellaneous Revenues -$ 81,773$ 229,644$ 232,324$ 236,389$ 240,526$ 244,735$ 249,018$ 253,376$ 257,810$ Total Gross Revenues -$ 1,717,243$ 4,822,534$ 4,878,797$ 4,964,175$ 5,051,049$ 5,139,442$ 5,229,382$ 5,320,896$ 5,414,012$ Vacancy & Collection Loss -$ (120,207)$ (337,577)$ (341,516)$ (347,492)$ (353,573)$ (359,761)$ (366,057)$ (372,463)$ (378,981)$ Gross Income -$ 1,597,036$ 4,484,956$ 4,537,281$ 4,616,683$ 4,697,475$ 4,779,681$ 4,863,325$ 4,948,434$ 5,035,031$ Mgt. Fees -$ 47,911$ 134,549$ 136,118$ 138,500$ 140,924$ 143,390$ 145,900$ 148,453$ 151,051$ 3.0% Land Lease -$ -$ 200,000$ 200,000$ 200,000$ 200,000$ 200,000$ 200,000$ 200,000$ 200,000$ Other Operating Expenses -$ 796,950$ 1,195,425$ 1,219,334$ 1,255,914$ 1,293,591$ 1,332,399$ 1,372,371$ 1,413,542$ 1,455,948$ Total Operating Expenses -$ 844,861$ 1,529,974$ 1,555,452$ 1,594,414$ 1,634,515$ 1,675,789$ 1,718,270$ 1,761,995$ 1,806,999$ Operating Income -$ 752,175$ 2,954,983$ 2,981,829$ 3,022,269$ 3,062,960$ 3,103,892$ 3,145,055$ 3,186,439$ 3,228,032$ Debt Service -$ -$ 2,472,298$ 2,472,298$ 2,472,298$ 2,472,298$ 2,472,298$ 2,472,298$ 2,472,298$ 2,472,298$ NET INCOME -$ 752,175$ 482,684$ 509,531$ 549,971$ 590,662$ 631,594$ 672,757$ 714,141$ 755,734$ DSCR - - 1.20 1.21 1.22 1.24 1.26 1.27 1.29 1.31 1.25 Annual Free & Clear Return (NOI/COST)0.0% 1.3%6.5% 6.5% 6.6% 6.7%6.8% 6.9%7.0%7.1%6.2% Annual Return on Equity 0.0% 4.2%6.9% 2.8% 3.1% 3.3%3.5% 3.7%4.0%4.2%4.0% Cost Summary Total Cost Per Unit Per NRSF Land Cost $500,000 $2,415 $2.35 # of Units % of Tot. Units S.F. / Unit Rentable S.F.Total S.F.$ / S.F. / Month Tot. Annual Rent Unit Rent/Mnth. Hard Cost $45,029,000 $217,531 $211.27 STUDIO 8 4%585 4,680 5,850 2.53$ 141,984$ 1,479$ Soft Cost $8,269,537 $39,949 $38.80 1BR/1BTH 74 36%787 58,238 72,798 2.01$ 1,406,592$ 1,584$ Construction Interest $2,750,503 $13,287 $12.90 2BR/2BTH 92 44%1136 104,512 130,640 1.67$ 2,096,496$ 1,899$ Total Development Cost $56,549,040 $273,184 $265.32 3BR/2BTH 33 16%1385 45,705 57,131 1.58$ 868,824$ 2,194$ TOTAL 207 100%1030 213,135 266,419 1.76$ 4,513,896$ 1,817$ Average Unit Summary Monthly Annually Monthly / NRSF 225,695$ 91$ Avg. Unit Rent $1,817 $21,806 $1.76 0 - -$ -$ Parking Income $0 $0 $0.00 $4,739,591 Vacancy ($127)($1,526)($0.12) Avg Effective Income $1,690 $20,280 $1.64 Avg. Op. Ex.($534)($6,414)($0.52) Avg. NOI $1,156 $13,866 $1.12 TOTAL ANNUAL MULTIFAMILY REVENUE Base Revenue Assumptions PRO FORMA Additional Misc. Income Parking City Hall Site: Multifamily & Retail Project Downtown Clearwater Retail: Sources, Uses, and 10-Year IRR for TCII Capital Sources Partner Equity & Debt 3,235,965 Uses Soft/Closing Costs 838,538 Site Work 239,100 Vertical Construction 1,750,000 General Conditions & Fees 182,772 GC Overhead 108,594 Financing Costs 116,963 IRR Date Closing Dec-22 Dec-23 Dec-24 Dec-25 Dec-26 Dec-27 Dec-28 Dec-29 Dec-30 Dec-31 Dec-32 Closing Costs (3,235,965) Gross Rental Revenue 182,500 365,000 365,000 365,000 365,000 365,000 365,000 365,000 365,000 365,000 Ground Lease Rent (25,000)(50,000)(50,000)(50,000)(50,000)(50,000)(50,000)(50,000)(50,000)(50,000) Sale Proceeds (9% Cap)3,500,000 Sale Costs (4%)(140,000) Net Cash Flow (3,235,965)0 157,500 315,000 315,000 315,000 315,000 315,000 315,000 315,000 315,000 3,675,000 8.1%IRR 18-Mo Construction 3 9 Financial Plan Equity and Debt Sources: For the past 22 years, Master Developer Craig Govan has consistently coordinated private equity funding for his commercial real estate developments from a network of high-net worth individuals and families. For both the Hotel and Food Hall & Brewery developments, Govan anticipates 30 to 50 percent of the capital stack coming as cash equity from his company and private equity partners, and the remaining 50 to 70 percent from a commercial lender. Letters of Recommendation from both Centennial Bank and Bank OZK that state their commitment to finance the food hall and hotel projects, respectively, can be found in the “Supporting Documents” section of this proposal. Financing Approach for Affordable Housing: Wendover does not currently anticipate utilizing tax credits to complete their capital stack. They plan to traditionally finance the multifamily units and associated retail structures and parking, while also committing to serving residents at 120 percent AMI and lower. Conditional Public Funding Sources & Use of Incentives: Wendover anticipates utilizing $2.5 million for public parking as outlined in the RFP. They will likely need to utilize CRA funds up to $5 million for the workforce housing construction. In addition, Wendover may need to utilize additional municipal funds to complete the financing of the whole project, as construction costs are currently at an all-time high and it is impossible to accurately project costs beyond the immediate future. City Center Development anticipates requesting a reduction in impact fees and permit fees from the City through its General Fund and Enterprise Fund to help lower the overall cost of developing the hotel and food hall projects. City Center Development anticipates requesting up to $3 million from the City’s General Fund and Enterprise Fund to complete the project, as construction costs are currently at an all-time high and it is impossible to accurately project costs beyond the immediate future. Tenant and Leasing Approach: Limited partner TCII Capital will be responsible for the leasing and management of the grocery and retail space in the ground-floor of the mixed-use multifamily building. Jeremy E. Roberts of Clearwater Culture, LLC will be signed as Master Tenant for the entire Food Hall & Brewery building, and will be responsible for subleasing space to a curated lineup of food and retail vendors. For Wendover’s workforce Multifamily development, please see the attached leasing plan in the "Supporting Documents" section, which Wendover utilizes for all developments. 53 4 0 Financial Plan Construction Costs: Food Hall & Brewery: The estimated total capitalization for this project is $7.5 million, which includes construction, hard and soft costs, and FF&E. Hotel: The estimated total capitalization for this 100-room hotel development, using a five-year hold period, will be approximately $22.776 million, which includes acquisition of the land, building the hotel, and all development costs. Details for the Hotel’s construction cost estimate can be found in the table below: 54 Multifamily & Retail mixed-use building: The estimated total capitalization for this project is $56.549 million, which includes construction, hard and soft costs, and FF&E. The following pages include data tables that detail the Capital Structure and Project Development Costs, provided by Wendover. Total Construction Period (Months)16 1.75% Units Complete @ Inception 207 3.00% Preleased Units 25 7.00% Monthly Absorption 25 6.49% Stabilization Period (Months)7 2.90 # of Units % of Total S.F. / Unit Rentable S.F.Total S.F.Avg. Unit Rent $ / S.F. / Month Total Annual Rent Studio 8 4%585 4,680 5,850 $1,479.00 $2.53 $141,984 1BR/1BTH 74 36%787 58,238 72,798 $1,584.00 $2.01 $1,406,592 2BR/2BTH 92 44%1,136 104,512 130,640 $1,899.00 $1.67 $2,096,496 3BR/2BTH 33 16%1,385 45,705 57,131 $2,194.00 $1.58 $868,824 TOTAL 207 100%1,030 213,135 266,419 $1,817.19 $1.76 $4,513,896 Additional Misc. Income $90.86 $225,695 5.00%of Annual Rent Parking 600 $0 $0 $1,908 $4,739,591 Per Unit / Per Yr.Total % of Rent Taxes $2,200 $455,400 9.61% Payroll / Benefits $1,500 $310,500 6.55% Trash Removal $80 $16,560 0.35% Repairs & Maint.$650 $134,550 2.84% Water / Sewer $80 $16,560 0.35% Electric $300 $62,100 1.31% Insurance $315 $65,205 1.38% Marketing $200 $41,400 0.87% G&A $200 $41,400 0.87% Capital Reserves $250 $51,750 1.09% Subtotal $5,775 $1,195,425 25.22% Management Fees $639 $132,235 2.79%3.00%of EGI TOTAL ANNUAL OP. EXP.$6,414 $1,327,660 28.01% OPERATING EXPENSES REVENUES ASSUMPTIONS TOTAL ANNUAL REVENUE OPERATING ASSUMPTIONS Parking Ratio per Unit Annual Vacancy & Rental Loss Annual Expense Growth Annual Rent Growth Operating Cap Rate CONSTRUCTION ASSUMPTIONS City Hall Site: Multifamily & Retail Project City Contribution 11,000,000$ Equity 7,000,000$ TOTAL EQUITY 18,000,000$ Construction Loan 35,798,537$ Interest Reserves 2,750,503$ TOTAL DEBT 38,549,040$ 68.17%LTC TOTAL CAPITALIZATION 56,549,040$ Gross Apt. S.F. 213,135 Common Mult. 1.25 $/ MF Unit Cost % Total Cost $/GSF $/NSSF NET S.F.266,419 HARD CONSTRUCTION COSTS Apartment Units $144,928 $30,000,000 53.1% $140.76 $112.60 Hardscape & Parking $49,275 $10,200,000 18.0% $47.86 $38.29 GC Conditions, Profits, Insurance $15,536 $3,216,000 5.7% $15.09 $12.07 8.00%of Hard Cost Payment & Performance Bond $1,000 $207,000 0.4% $0.97 $0.78 Construction Management Fee $966 $200,000 0.4%$0.94 $0.75 Total Hard Costs $211,705 $43,823,000 77.5%$205.61 $164.49 Hard Cost Contingency $5,826 $1,206,000 2.1%$5.66 $4.53 3%of Hard Cost SOFT COSTS Planning/Architect $1,208 $250,000 0.4% $1.17 $0.94 Architect/SMEP Engineer Permit Documents $121 $25,000 0.0% $0.12 $0.09 Engineering/Traffic Engineer $1,208 $250,000 0.4% $1.17 $0.94 Landscape Design $362 $75,000 0.1% $0.35 $0.28 Interior Design $362 $75,000 0.1% $0.35 $0.28 Signage & Graphics Consultant $145 $30,000 0.1% $0.14 $0.11 Legal (Closing & Financing)$1,208 $250,000 0.4% $1.17 $0.94 Title Insurance/Recording & Other Closing Costs $1,256 $260,000 0.5% $1.22 $0.98 Marketing $725 $150,000 0.3% $0.70 $0.56 Builder's Risk & Insurance $750 $155,250 0.3% $0.73 $0.58 Lease Up Reserves $725 $150,000 0.3% $0.70 $0.56 Impact Fees & Utility Connection Fees $9,582 $1,983,474 3.5% $9.31 $7.44 Building Permit & Review Fees $1,329 $275,000 0.5% $1.29 $1.03 Property Taxes $242 $50,000 0.1% $0.23 $0.19 Environmental Engineer and Removal $1,208 $250,000 0.4% $1.17 $0.94 Threshold Inspection & Material Testing $362 $75,000 0.1% $0.35 $0.28 Appraisal, Market Study & Surveys $169 $35,000 0.1% $0.16 $0.13 Loan Fees $2,899 $600,000 1.1% $2.82 $2.25 1.56%of Loan Amount Equity Broker Fees $676 $140,000 0.2% $0.66 $0.53 2.00%of Equity Raised Equity Origination Fees $676 $140,000 0.2% $0.66 $0.53 2.00%of Equity Raised Admin Expense & Project Management $483 $100,000 0.2% $0.47 $0.38 FF&E $3,623 $750,000 1.3% $3.52 $2.82 Development Fee $9,662 $2,000,000 3.5% $9.38 $7.51 3.54%% of Total Cost Soft Cost Contingency $970 $200,813 0.4%$0.94 $0.75 (incl. $250/Unit/Yr. Replacement Reserves) Total Soft Costs $39,949 $8,269,537 14.6%$38.80 $31.04 TOTAL CONSTRUCTION COSTS $257,481 $53,298,537 94.3%$250.07 $200.06 LAND COSTS Land Cost $2,415 $500,000 0.9% $2.35 $1.88 Total Land Costs $2,415 $500,000 0.9%$2.35 $1.88 Construction Interest $13,287 $2,750,503 4.9%$12.90 $10.32 TOTAL PROJECT COST $273,184 $56,549,040 100%$265.32 $212.26 PROJECT DEVELOPMENT COSTS CAPITAL STRUCTURE Page 1 City Hall Site: Multifamily & Retail Project Financial Offer 4 2 Financial Offer After taking into account the property appraisals provided for all three sites by the City and CRA staff, as well as evaluating separate sources of fair market value information, we are prepared to offer the following for each of the three downtown Clearwater sites. The values being offered below fit well into the Pro Formas for each of our projects, and will help our Development Team be a positive partner with the City and CRA and turn these sites into tax-generating assets for the municipality. Hotel (Pierce Street Site): City Center Development Group, with GF Hotels & Resorts as a limited partner, plans to offer $4 million for the purchase of this 1.23-acre site. We anticipate maintaining a long-term ownership position in the project. Our Development Team may take advantage of the City and CRA’s offer to support a flexible payment schedule with a 0 percent interest loan for the land purchase. Food Hall & Brewery (Harborview Site): City Center Development Group plans to offer a long-term ground lease for this 1.43-acre site for up to $110,000 per year. Multifamily & Retail (City Hall Site): Wendover Housing Partners, with TCII Capital as a limited partner, plans to offer a long-term ground lease for this 2.6-acre site for up to $250,000 per year. Measuring Fiscal Impact: City Center Development Group will commit to employing an economist to carry out a formal Fiscal Impact Study after the Developers Agreement has been negotiated with the City. The Fiscal Impact Study will forecast the positive economic impact of new job creation, long-term sales revenue generation and property tax generation from the development of these three sites. This study can be a positive tool to help promote the proposed development to voters in advance of a referendum. 58 Exhibit A Forms Supporting Documents Downtown Clearwater Waterfront Development | Food Hall Brewery NOutdoor Dining Area Wood Louvered Canopy Structures Artificial Turf Lawn with Integrated Seat Walls & Palm Trees Brewing Silos Main Entrance from Coachman Park Pedestrian Canopy Coachman Park Adjacent to Cleveland St.N. Osceola Ave.Rooftop Bar with View toward the ParkCoachman ParkPoint of EntryProperty Boundary Downtown Clearwater Waterfront Development | Food Hall Brewery Upper Patio Wood Deck Bar and Dinning Area Lower Patio Compacted Aggregate & Mixed Seating Areas NProperty Boundary CLEVELAND STREET N. Osceola Ave.Coachman ParkLandscape Point of Entry Downtown Clearwater Waterfront Development | Restaurant Downtown Clearwater Waterfront Development | Restaurant (Note: below is the Letter of Intent for lease of the entirety of Food Hall and Brewery building) April 9, 2021 To Whom It May Concern City of Clearwater, FL RE: Craig Govan / City Center Development Group, LLC Bank OZK has done business with Craig Govan since 2016, specifically several development and construction loans involving national hotel and credit tenant retail properties. Our experience has been very satisfactory and Craig is well versed in all aspects of construction, tenant negotiation and bringing a project to successful completion. We are confident that the proposed Clearwater redevelopment project will be handled in a like manner and have a strong interest in providing $15,000,000 or greater in construction and permanent financing for the proposed Hotel Project. If any further information is needed, please do not hesitate to contact me directly. Sincerely, Martin Roman SVP Commercial Banker Bank OZK 407.694.6025 1 April 9, 2021 To Whom It May Concern City of Clearwater, FL RE: Craig Govan / City Center Development Group, LLC Centennial Bank has done business with Craig Govan since 2017, specifically several development and construction loans involving national credit tenant retail properties. Our experience has been very satisfactory and Craig is well versed in all aspects of construction, tenant negotiation and bringing a project to successful completion. We are confident that the proposed Clearwater redevelopment project will be handled in a like manner and have a strong interest in providing $5,000,000 or greater in construction and permanent financing for the Brewery / Food Hall Project. If any further information is needed, please do not hesitate to contact me directly. Sincerely, David A. Felker Senior Vice President Centennial Bank – Central Florida David A. Felker Senior Vice President 970 Rinehart Rd. Lake Mary, FL 32746 407-371-6873 office 407-340-1443 cell dfelker@my100bank.com Devesh Nirmul CEM | CSDP | LEED AP O+M Vice President 2600 Maitland Center Parkway Suite 370 Maitland FL 32751 dnirmul@counterpointees.com [Type here] www.counterpointesre.com Copyright (©) 2021 Counterpointe Energy Partners LLC. All Rights Reserved. Counterpointe Sustainable Real Estate is a subsidiary of Counterpointe Energy Partners LLC. All rights reserved. This is not a commitment to provide financing and financing is subject to approval. Terms and conditions apply. Closing costs, rates, terms conditions are subject to changes without notice. April 12, 2021 Attn: Master developer City Center Development Group, LLC, and its limited partners Re: CounterpointeSRE’s C-PACE Financing for the sustainability/resiliency focus of Proposal to acquire or lease for redevelopment the three sites made available in the Downtown Clearwater RFP To Whom it May Concern: Through this letter, Counterpointe Sustainable Real Estate (CSRE), expresses its strong and strategic interest in providing Commercial Property Assessed Clean Energy (PACE) financing capital and related guidance for the City Center Development Group’s proposed resilient and sustainable re-development approach for three City of Clearwater downtown sites. The CounterpointeSRE Team is familiar with the City’s economic redevelopment focus and is an approved Commercial PACE provider through Pinellas County’s PACE Program which includes the City of Clearwater. Many of the eligible measures / investments you will make that are both fundamental to the redevelopment project as well as necessary to qualify for LEED and WELL certification will be PACE eligible. At your convenience, please provide design, engineering and construction documents including a line-item construction budget so that we can begin the process of pre-identifying eligible PACE components of the project. PACE can cover qualifying soft, ancillary and hard construction costs related to all of the commercial property types (hotel, food hall/brewery, mixed-use-workforce multifamily-retail) being proposed for this redevelopment project. Sincerely, Devesh Nirmul CEM | CSDP | LEED AP O+M Vice President Counterpointe Sustainable Real Estate 1105 KENSINGTON PARK DRIVE, SUITE 200 Altamonte Springs, Florida 32714 TEL: (407) 333-3233 | FAX: (407) 333-3919 Marketing and Lease-up Plan Quantifying the specifics of the marketing effort, we plan to aggressively implement a "lease- up" schedule, which will be developed through the establishment of weekly rental goals. Our marketing efforts will be executed in three stages: signage, community contact/public marketing, and on- site leasing. Each of these stages is designed to ensure that we reach a diverse population, who all have the opportunity to learn about the affordable apartment homes. Stage one in the marketing/outreach program will be the placement of signage on the property site. The signage will include a telephone number, email address and website URL where potential residents can request information. Each inquiry will be answered by Wendover staff, and each person who requests information will be placed on the resident waiting list. This list will remain in place until the project has reached 100% occupancy and then will be utilized by the staff when an apartment home becomes available for rent. Stage two will focus on community contact and public marketing. Wendover will also deliver flyers/ brochures to HR departments at large employers, churches, community centers, real estate offices, government offices, banks, hotels, restaurants, grocery stores, retailers, hospitals and medical offices. A primary target demographic will be what we call “essential service workers,” who will be reached through personal contact with local hospitals, police and fire departments and schools. Service organizations and the public housing agency will also be included in our efforts. The internet will be heavily utilized as a marketing tool. We will be developing a project-specific website as well as contracting for the community to appear on web sites such as Apartments.com, Apartmentguide.com and Rent.com. Social media, including Facebook, Instagram and other platforms, will also be utilized, as well as earned media. All initial community contact and public marketing will begin 90 days prior to the anticipated delivery of the Certificates of Occupancy for the first phase of the community. Stage three of our marketing/outreach program will be implemented when construction nears completion. Additional signage, balloons, flags and leasing banners will be placed on site, along with a leasing trailer where potential residents will be able to meet with our staff and to receive more in-depth information on the community. We will start the application process with potential residents at this time. In Conclusion We would be happy to answer any questions that arise for City and CRA staff in their review of this proposal. Please feel free to contact: Craig Govan, President City Center Development Group, LLC Jupiter, FL 33458 (954) 646-8204 cgovan@citycenterdev.com 88 | 1 CITY OF CLEARWATER Coachman Park Redevelopment June 1, 2021 | 2 CITY OF CLEARWATER Coachman Waterfront Discussion only 1. Coachman Park Add- back items and video 2. Conservancy Update 3. Fundraising Consultant 4. Coachman Memorial and Legislative Support Monument 5. Park Parking Plan | 3 CITY OF CLEARWATER Coachman Park Add-back Discussion No Council action requested at this time. We will provide a final recommendation with the last estimate of cost and a contingency amount when proposed by Skanska with the third and final GMP in August. | 4 CITY OF CLEARWATER Conservancy No Council action requested at this time. We want to update you on the conservancy consultant selection process. | 5 CITY OF CLEARWATER Fundraising Consultant No Council action requested at this time. We will discuss potential scope of project and process to obtain bids. For work that would be over $50,000, we will return to council for authorization for formal bids. Should it be indicated that estimates could be under that amount, a less formal but still deliberate selection process would be warranted. Future authorization for expenditure of funds would still be necessary. | 6 CITY OF CLEARWATER Coachman Memorial and Legislative Recognition Monument No Council action requested at this time. We want to discuss with council the vision for recognition of the Coachman family, as well as nature and location of a founders monument to the new park and waterfront. | 7 CITY OF CLEARWATER Marina Access and Parking During Construction No Council action requested at this time. We will update council on the plan for accommodation of marina tenants during the period of construction. | 8 CITY OF CLEARWATER Coachman Park Redevelopment June 1, 2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9475-21 & 9476-21 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Management & Budget Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Amend the City’s fiscal year 2019/20 operating and capital improvement budgets at mid-year and pass Ordinances 9475-21 and 9476-21 on first reading. SUMMARY: The fiscal year 2020/21 operating and capital improvement budgets were adopted in September 2020 by ordinances 9408-20 and 9409-20. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Page 1 City of Clearwater Printed on 5/28/2021 Mid Year Budget Review Fiscal Year 2020-21 Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Micah Maxwell, Assistant City Manager Michael Delk, Assistant City Manager SUBJECT: Mid-Year budget review - amended City Manager's annual budget report DATE: May 19, 2021 Attached is the mid-year budget review in accordance with the City Code of Ordinances. This report is based on the first six months of activity in the current fiscal year (October 2020 through March 2021). Contained within are comments on major variances and documentation of all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenue and expenditure amendments reflect a net increase of $531,224. The General Fund expenditure increase at mid-year includes the Council approved appropriation of General of $530,000 to fund the property purchase at 701 Franklin Street. Other amendments include an increase of $1,224 in the Fire Department for receipt of the second quarter safety award with offsetting revenues recognized from the Central Insurance fund. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2020 books, estimated General Fund reserves at mid-year are approximately $46.7 million, or 30.7% of the fiscal year 2020/21 General Fund budget, exceeding our minimum reserve requirement by $33.8 million. Significant amendments to other city operating funds are noted as follows: Airpark Fund Amendments to Airpark fund expenditures include a transfer of $20,000 to the Airpark Hangar C Replacement project. This will provide matching funds required for the approved grant agreement with FDOT, funded with an allocation from fund reserves. Mid Year Budget Review Fiscal Year 2020-21 Clearwater Harbor Marina Fund Mid-year amendments to Clearwater Harbor Marina Fund expenditures include a transfer of $12,500 to the Clearwater Harbor Marina & Facility Maintenance R&R project. This expenditure increase is offset by budgeted revenues. Capital Improvement Program Mid-year amendments to the capital improvement program reflect a net increase of $2,137,685. Significant amendments include Council approved increases of $1,000,000 of Tax Increment Financing (TIF) revenues in the Downtown Streetscaping project; $500,000 of TIF revenues in the Mercado – Downtown Gateway project; $500,000 of TIF revenues in the City Wayfinding project; and $80,000 in grant revenues from FDOT and $20,000 of Airpark revenues in the Airpark Hangar-C Replacement project. Special Program Fund The Special Program Fund reflects a net budget increase of $2,149,463 at mid-year. Significant amendments include $1,980,740 from Pinellas County representing CARES Act funding to reimburse for COVID related expenditures; an increase of $14,231 in public safety grant revenues for Investigative Costs Recovery and Federal Forfeiture Sharing; a decrease of $340,178 in governmental revenues from the Juvenile Welfare Board to bring prior year expenditures in line with revenues received for after school and summer programs; $14,750 in donation revenues to support Police and Parks programs; $9,300 in foreclosure registry fees collected; $137,865 in fines and court proceeds for public safety programs, the lien foreclosure program, and the tree replacement program; $21,054 in reimbursement revenues in Police Vehicle Replacements and Federal Forfeiture Sharing; and $311,702 in contractual service revenue for police extra duty. CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2020/21 2020/21 FY 20/21 First Variance % Adopted Quarter Mid Year YTD Actual vs.YTD vs.Mid Year Amended Description Budget Amended Actual Amend Budget Budget Adjustment Budget General Fund: Revenues 152,179,840 153,293,414 106,331,532 46,961,882 69%531,224 153,824,638 Expenditures 152,179,840 153,293,414 80,909,554 72,383,860 53%531,224 153,824,638 Utility Funds: Water & Sewer Fund Revenues 102,289,480 102,289,480 46,763,438 55,526,042 46%- 102,289,480 Expenditures 102,289,480 102,289,480 67,364,720 34,924,760 66%- 102,289,480 Stormwater Fund Revenues 17,899,890 17,899,890 8,725,565 9,174,325 49%- 17,899,890 Expenditures 16,706,320 16,706,320 11,669,961 5,036,359 70%- 16,706,320 Gas Fund Revenues 47,788,140 47,788,800 22,523,637 25,265,163 47%- 47,788,800 Expenditures 45,257,380 45,258,040 26,567,950 18,690,090 59%- 45,258,040 Solid Waste and Recycling Fund Revenues 27,130,350 27,130,350 14,709,667 12,420,683 54%- 27,130,350 Expenditures 25,702,930 25,702,930 12,055,838 13,647,092 47%- 25,702,930 Enterprise Funds: Marine Fund Revenues 5,277,210 5,277,210 2,325,145 2,952,065 44%- 5,277,210 Expenditures 5,119,120 5,119,120 2,419,138 2,699,982 47%- 5,119,120 Airpark Fund Revenues 347,860 347,860 169,096 178,764 49%20,000 367,860 Expenditures 340,770 340,770 186,648 154,122 55%20,000 360,770 Clearwater Harbor Marina Fund Revenues 921,970 921,970 441,823 480,147 48%- 921,970 Expenditures 854,430 854,430 463,057 391,373 54%12,500 866,930 Parking Fund Revenues 7,330,560 7,330,662 4,421,897 2,908,765 60%101 7,330,763 Expenditures 6,436,140 6,456,242 3,352,639 3,103,603 52%101 6,456,343 Internal Service Funds: General Services Fund Revenues 6,194,230 6,194,230 3,098,842 3,095,388 50%- 6,194,230 Expenditures 6,162,380 6,162,380 2,660,439 3,501,941 43%- 6,162,380 Administrative Services Revenues 13,305,520 13,305,730 6,492,046 6,813,684 49%- 13,305,730 Expenditures 13,254,460 13,254,670 6,457,466 6,797,204 49%- 13,254,670 Garage Fund Revenues 18,916,190 18,916,190 7,279,582 11,636,608 38%- 18,916,190 Expenditures 18,916,190 18,916,190 7,896,511 11,019,679 42%- 18,916,190 Central Insurance Fund Revenues 26,058,230 26,058,230 13,255,904 12,802,326 51%- 26,058,230 Expenditures 26,058,230 26,058,230 12,817,657 13,240,573 49%- 26,058,230 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2020-21 REPORT PAGE # General Fund Operating Budget ..................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................... 6 Other Enterprise Funds Operating Budgets ................................................................................. 10 Internal Service Funds Operating Budgets ................................................................................... 14 Capital Improvement Program Budget ........................................................................................ 18 Special Program Fund Budget ....................................................................................................... 26 Special Development Fund ........................................................................................................... 32 Administrative Change Orders ...................................................................................................... 35 Ordinances ..................................................................................................................................... 36 The amended 2020/21 operating budget, presented by operating fund and/or department, is submitted for the City Council review. The actual and projected data contained in this review represents six months, October 1, 2020 through March 31, 2021. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2021. Definitions associated with the operating funds information is presented as follows: Definitions: Adopted Budget - The budget as adopted by the City Council on September 17, 2020. Variance YTD Actual vs. Adopted Budget - Difference between year to date actual and adopted budget. % YTD vs. Budget - Percentage of adopted budget expended, year to date. Proposed Amendments - Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on the first quarter review. Amended Budget - Adding the Original Budget and Adjustments. 2 Capital Improvement Program The amended 2020/21 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement Program and Special Program fund information is presented as follows: Definitions: Budget - The budget as of October 1, 2020, which includes project budgets from prior years, which have not been completed. Amendment - Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the mid-year review. Revised Budget - Adding the Budget and Amendment columns. Encumbrance - Outstanding contract or purchase order commitment. Available Balance - Difference between revised budget and expenditure, plus encumbrance. Status - C - project is completed Amend Ref - Reference number for description of amendment. Increase/ (Decrease)Description Ad Valorem Taxes - At mid year,approximately 94%of property tax revenue has been received.This is as projected,most property tax payments are made within the first six months of the fiscal year. No amendment is proposed at this time. Franchise Fees - At mid year,franchise fee revenues reflect approximately 40% of annual collections,due to timing of collections and weather patterns. No amendments are proposed at this time. Other Permits and Fees - At mid year,other permits and fees revenues reflect collections of 75%of total budget,primarily due to collections of building/sign permit revenues which are greater than anticipated. No amendment is proposed at this time. 1,224 At mid year,transfer in revenues reflect an increase of $1,224.00 to recognize safety award funding from the Central Insurance Fund Mid year amendments reflect the appropriation of $530,000.00 from General Fund retained earnings. Amendments, include the following allocation: 530,000 1)An appropriation of $530,000.00 from fund reserves to fund the purchase of real property located at 701 Franklin Street as approved by City Council on May 20, 2021. 531,224 Net General Fund City of Clearwater General Fund Revenues Mid Year Amendments FY 2020/21 Transfer (to) from Surplus Transfers In 3 Increase/ (Decrease)Description 1,224 At mid year,Fire Department expenditures reflect an increase of $1,224.00 to employee recognition for receipt of the 2nd quarter FY21 safety award. Non-Departmental 530,000 A mid year amendment to Non-Departmental reflects an increase of $530,000.00 to Land Development to fund the purchase of real property located at 701 Franklin Street as approved by City Council on May 20, 2021. 531,224 Net General Fund Fire City of Clearwater General Fund Expenditures Mid Year Amendments FY 2020/21 4 2020/21 Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Amended Bud Budget Amendment Budget General Fund Revenues Ad Valorem Taxes 68,492,140 64,386,128 4,106,012 94%- 68,492,140 Utility Taxes 15,230,000 7,293,186 7,936,814 48%- 15,230,000 Local Option, Fuel and Other Taxes 6,350,000 3,302,603 3,047,397 52%- 6,350,000 Franchise Fees 10,104,770 4,070,971 6,033,799 40%- 10,104,770 Other Permits & Fees 2,309,000 1,724,505 584,495 75%- 2,309,000 Intergovernmental 18,862,910 9,783,402 9,079,508 52%- 18,862,910 Charges for Services 15,780,380 7,317,272 8,463,108 46%- 15,780,380 Judgments, Fines and Forfeitures 1,354,000 606,901 747,099 45%- 1,354,000 Miscellaneous Revenues 2,643,956 1,298,650 1,345,306 49%- 2,643,956 Transfers In 11,079,718 6,547,915 4,531,803 59%1,224 11,080,942 Total Revenues 152,206,874 106,331,532 45,875,342 70%1,224 152,208,098 Transfer (to) from Surplus 1,086,540 1,086,540 530,000 1,616,540 Adjusted Revenues 153,293,414 106,331,532 46,961,882 69%531,224 153,824,638 General Fund Expenditures City Council 395,821 218,266 177,555 55%- 395,821 City Manager's Office 1,275,944 541,501 734,443 42%- 1,275,944 City Attorney's Office 1,809,657 806,504 1,003,153 45%- 1,809,657 City Auditor's Office 226,444 63,626 162,818 28%- 226,444 CRA Administration 468,510 236,783 231,727 51%- 468,510 Economic Development and Housing 1,829,014 1,008,434 820,580 55%- 1,829,014 Engineering 8,230,947 4,016,246 4,214,701 49%- 8,230,947 Finance 2,637,861 1,250,113 1,387,748 47%- 2,637,861 Fire 30,293,051 16,667,543 13,625,508 55%1,224 30,294,275 Human Resources 1,562,180 657,893 904,287 42%- 1,562,180 Library 8,000,965 3,946,020 4,054,945 49%- 8,000,965 Non-Departmental 8,723,248 7,629,067 1,094,181 87%530,000 9,253,248 Official Records and Legislative Svcs 1,215,729 524,033 691,696 43%- 1,215,729 Parks & Recreation 31,311,192 15,053,772 16,257,420 48%- 31,311,192 Planning & Development 6,458,802 3,182,284 3,276,518 49%- 6,458,802 Police 47,259,323 24,414,188 22,845,135 52%- 47,259,323 Public Communications 1,196,256 502,463 693,793 42%- 1,196,256 Public Utilities 398,470 190,818 207,652 48%- 398,470 Total Expenditures 153,293,414 80,909,554 72,383,860 53%531,224 153,824,638 For Six Month Period of October 1, 2020- March 31, 2021 GENERAL FUND MID YEAR REVIEW 5 2020/21 Variance %2020/21 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget WATER & SEWER FUND Water & Sewer Revenues: Charges for Service 93,969,645 45,963,480 48,006,165 49%- 93,969,645 Judgments, Fines and Forfeits 271,000 195,213 75,787 72%- 271,000 Miscellaneous 1,835,000 604,745 1,230,255 33%- 1,835,000 Transfers In - - - ~- - Fund Equity 6,213,835 - 6,213,835 0%- 6,213,835 Total Revenues 102,289,480 46,763,438 55,526,042 46%- 102,289,480 Water & Sewer Expenditures: Public Utilities Administration 1,703,374 751,122 952,252 44%- 1,703,374 Wastewater Collection 13,506,904 10,779,647 2,727,257 80%- 13,506,904 Public Utilities Maintenance 9,060,046 5,598,202 3,461,844 62%- 9,060,046 WPC / Plant Operations 33,737,721 22,477,353 11,260,368 67%- 33,737,721 WPC / Laboratory Operations 1,594,863 637,719 957,144 40%- 1,594,863 WPC / Industrial Pretreatment 1,042,918 383,975 658,943 37%- 1,042,918 Water Distribution 18,805,229 12,437,582 6,367,647 66%- 18,805,229 Water Supply 18,336,027 11,174,109 7,161,918 61%- 18,336,027 Reclaimed Water 4,502,398 3,125,009 1,377,389 69%- 4,502,398 Total Expenditures 102,289,480 67,364,720 34,924,760 66%- 102,289,480 Increase/ (Decrease)Amendment Description: Water and Sewer Fund Revenues:- Water and Sewer Fund Expenditures:- For the Six Month Period of October 1, 2020 to March 31, 2021 UTILITY FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the Water and Sewer Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Water and Sewer Fund revenues at mid year. No amendments are proposed to Water and Sewer Fund expenditures at mid year.Expenditures reflect 66%of total budget due to transfers to the capital fund which happen in the first period of the year. 6 2020/21 Variance %2020/21 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2020 to March 31, 2021 UTILITY FUNDS MID YEAR REVIEW STORMWATER FUND Stormwater Revenues: Charges for Service 16,910,500 8,536,819 8,373,682 50%- 16,910,500 Judgments, Fines and Forfeits 73,000 38,722 34,278 53%- 73,000 Miscellaneous 916,390 150,025 766,365 16%- 916,390 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 17,899,890 8,725,565 9,174,325 49%- 17,899,890 Stormwater Expenditures: Stormwater Management 10,647,663 8,875,438 1,772,225 83%- 10,647,663 Stormwater Maintenance 6,058,657 2,794,523 3,264,134 46%- 6,058,657 Total Expenditures 16,706,320 11,669,961 5,036,359 70%- 16,706,320 Increase/ (Decrease)Amendment Description: Stormwater Fund Revenues:- Stormwater Fund Expenditures:- At mid year, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $1,193,570 for fiscal year 2020/21. No amendments are proposed to Stormwater Fund revenues at mid year. No amendments are proposed to Stormwater Fund expenditures at mid year.Expenditures reflect 70%of total budget due to transfers to the capital fund which happen in the first period of the year. 7 2020/21 Variance %2020/21 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2020 to March 31, 2021 UTILITY FUNDS MID YEAR REVIEW GAS FUND Gas Revenues: Charges for Service 47,003,340 22,292,747 24,710,593 47%- 47,003,340 Judgments, Fines and Forfeits 153,100 46,672 106,428 30%- 153,100 Miscellaneous 631,700 183,559 448,141 29%- 631,700 Transfers In 660 660 - 100%- 660 Fund Equity - - - ~- - Total Revenues 47,788,800 22,523,637 25,265,163 47%- 47,788,800 Gas Expenditures: Administration & Supply 21,831,318 11,015,258 10,816,060 50%- 21,831,318 Pinellas Gas Operations 9,775,059 6,238,470 3,536,589 64%- 9,775,059 Pasco Gas Operations 6,709,495 4,568,766 2,140,729 68%- 6,709,495 Marketing & Sales 6,942,168 4,745,455 2,196,713 68%- 6,942,168 Total Expenditures 45,258,040 26,567,950 18,690,090 59%- 45,258,040 Increase/ (Decrease)Amendment Description: Gas Fund Revenues:- Gas Fund Expenditures:- At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $2,530,760 for fiscal year 2020/21. No amendments are proposed to Gas Fund revenues at mid year. No amendments are proposed to Gas Fund expenditures at mid year.Expenditures reflect 59%of total budget due to transfers to the capital fund which happen in the first period of the year. 8 2020/21 Variance %2020/21 1 Qtr Amended Mid-Year YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For the Six Month Period of October 1, 2020 to March 31, 2021 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE AND RECYCLING FUND Solid Waste Revenues: Other Permits and Fees 1,000 - 1,000 0%- 1,000 Charges for Service 23,660,000 12,815,556 10,844,444 54%- 23,660,000 Judgments, Fines and Forfeits 95,000 52,925 42,075 56%- 95,000 Miscellaneous 725,000 377,391 347,609 52%- 725,000 Transfers In - - - ~- - Solid Waste Revenues 24,481,000 13,245,872 11,235,128 54%- 24,481,000 Recycling Revenues: Other Permits and Fees 350 - 350 0%- 350 Intergovernmental - - - ~- - Charges for Service 2,430,000 1,299,234 1,130,766 53%- 2,430,000 Judgments, Fines and Forfeits 8,000 5,064 2,936 63%- 8,000 Miscellaneous 211,000 159,497 51,503 76%- 211,000 Transfers In - - - ~- - Recycling Revenues 2,649,350 1,463,795 1,185,555 55%- 2,649,350 Fund Equity - - - ~- - Total Revenues 27,130,350 14,709,667 12,420,683 54%- 27,130,350 Solid Waste Expenditures: Collection 17,853,129 8,438,815 9,414,314 47%- 17,853,129 Transfer 2,354,091 1,014,583 1,339,508 43%- 2,354,091 Container Maintenance 944,923 471,100 473,823 50%- 944,923 Administration 1,036,817 511,121 525,696 49%- 1,036,817 Solid Waste Expenditures 22,188,960 10,435,619 11,753,341 47%- 22,188,960 Recycling Expenditures: Residential 1,401,597 657,738 743,859 47%- 1,401,597 Multi-Family 460,267 237,470 222,797 52%- 460,267 Commercial 1,652,106 725,012 927,094 44%- 1,652,106 Recycling Expenditures 3,513,970 1,620,220 1,893,750 46%- 3,513,970 ~ Total Expenditures 25,702,930 12,055,838 13,647,092 47%- 25,702,930 Increase/ (Decrease)Amendment Description: Solid Waste and Recycling Fund Revenues:- Solid Waste and Recycling Fund Expenditures:- At mid year, anticipated revenues of the Solid Waste and Recycling Fund exceed anticipated expenditures by $1,427,420 for fiscal year 2020/21. No amendments are proposed to Solid Waste and Recycling Fund revenues at mid year. No amendments are proposed to Solid Waste and Recycling Fund expenditures at mid year. 9 2020/21 Mid-Year Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget MARINE FUND Marine Revenues: Intergovernmental - - - ~- - Charges for Service 5,133,210 2,274,990 2,858,220 44%- 5,133,210 Judgments, Fines and Forfeits 6,000 151 5,849 3%- 6,000 Miscellaneous Revenue 138,000 50,003 87,997 36%- 138,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 5,277,210 2,325,145 2,952,065 44%- 5,277,210 Marine Expenditures: Marina Operations 5,119,120 2,419,138 2,699,982 47%- 5,119,120 Total Expenditures 5,119,120 2,419,138 2,699,982 47%- 5,119,120 Increase/ (Decrease)Amendment Description: Marine Fund Revenues:- Marine Fund Expenditures:- For The Six Month Period of October 1, 2020 - March 31, 2021 ENTERPRISE FUNDS MID YEAR REVIEW At mid year, anticipated revenues of the Marine Fund exceed anticipated expenditures by $158,090 for fiscal year 2020/21. No amendments are proposed to Marine Fund revenues at mid year. No amendments are proposed to Marine Fund expenditures at mid year. 10 2020/21 Mid-Year Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2020 - March 31, 2021 ENTERPRISE FUNDS MID YEAR REVIEW CLEARWATER HARBOR MARINA FUND Clearwater Harbor Marina Revenues: Intergovernmental - - - ~- - Charges for Service 872,870 427,647 445,223 49%- 872,870 Judgments, Fines and Forfeits 1,600 250 1,350 16%- 1,600 Miscellaneous Revenue 47,500 13,926 33,574 29%- 47,500 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 921,970 441,823 480,147 48%- 921,970 Clearwater Harbor Marina Expenditures Clearwater Harbor Marina Operations 854,430 463,057 391,373 54%12,500 866,930 Total Expenditures 854,430 463,057 391,373 54%12,500 866,930 Increase/ (Decrease)Amendment Description: Clearwater Harbor Marina Fund Revenues:- Clearwater Harbor Marina Fund Expenditures:12,500 At mid year, anticipated revenues of the Clearwater Harbor Marina Fund exceed anticipated expenditures by $55,040 for fiscal year 2020/21. No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. Mid year expenditure amendments include a transfer of $12,500.00 to capital improvement project 93410, Clearwater Harbor Marina and Facility Maintenance R&R.This expenditure increase is offset by revenues budgeted in excess of expenditures this fiscal year. 11 2020/21 Mid-Year Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2020 - March 31, 2021 ENTERPRISE FUNDS MID YEAR REVIEW AIRPARK FUND Airpark Revenues: Intergovernmental - - - ~- - Charges for Service 18,500 6,649 11,851 36%- 18,500 Miscellaneous Revenue 329,360 162,448 166,912 49%- 329,360 Transfers In - - - ~- - Fund Equity - - - ~20,000 20,000 Total Revenues 347,860 169,096 178,764 49%20,000 367,860 Airpark Expenditures: Airpark Operations 340,770 186,648 154,122 55%20,000 360,770 Total Expenditures 340,770 186,648 154,122 55%20,000 360,770 Increase/ (Decrease)Amendment Description: Airpark Fund Revenues:20,000 Airpark Fund Expenditures:20,000 At mid year, anticipated revenues of the Airpark Fund exceed anticipated expenditures by $7,090 for fiscal year 2020/21. At mid year,an appropriation of $20,000.00 from Airpark Fund Reserves is recognized to fund the supplemental Joint Participation Agreement between the City of Clearwater and FDOT as approved by the Council on March 18, 2021. Mid year expenditure amendments include a transfer of $20,000.00 to capital improvement project G1901, Replace Hangar C.This provides the City's matching funds for the grant agreement,as approved by Council on March 18,2021.Offsetting revenues are recognized from Airpark Fund reserves. 12 2020/21 Mid-Year Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2020 - March 31, 2021 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND Parking Revenues: Charges for Service 6,230,560 3,905,684 2,324,876 63%- 6,230,560 Judgments, Fines and Forfeits 800,000 458,074 341,926 57%- 800,000 Miscellaneous Revenue 300,000 58,037 241,963 19%- 300,000 Transfers In 102 102 - 100%101 203 Fund Equity - - - ~- - Total Revenues 7,330,662 4,421,897 2,908,765 60%101 7,330,763 PARKING FUND EXPENDITURES Engineering/Parking System 4,552,380 2,554,318 1,998,062 56%- 4,552,380 Engineering/Parking Enforcement 800,000 281,174 518,826 35%- 800,000 Fire Dept/Beach Guards 971,022 472,543 498,479 49%101 971,123 Seminole Street Boat Ramp 132,840 44,603 88,237 34%- 132,840 Total Expenditures 6,456,242 3,352,639 3,103,603 52%101 6,456,343 Increase/ (Decrease)Amendment Description: Parking Fund Revenues:101 Parking Fund Expenditures:101 At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $874,420 for fiscal year 2020/21. At mid year,amendments to Parking Fund revenues reflect an increase of $101.00 to transfer-in revenue to recognize safety award funding from the Central Insurance Fund. At mid year,amendments to Parking Fund expenditures reflect an increase of $101.00 to employee recognition for receipt of the 2nd quarter FY21 safety award. 13 2020/21 Mid-Year Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget GENERAL SERVICES FUND General Services Revenues: Charges for Service 6,009,230 3,053,766 2,955,464 51%- 6,009,230 Miscellaneous Revenues 185,000 45,076 139,924 24%- 185,000 Transfers In - - - ~- - Fund Equity - - - ~- - Total Revenues 6,194,230 3,098,842 3,095,388 50%- 6,194,230 General Services Expenditures: Administration 443,624 220,295 223,329 50%- 443,624 Building & Maintenance 5,718,756 2,440,145 3,278,611 43%- 5,718,756 Total Expenditures 6,162,380 2,660,439 3,501,941 43%- 6,162,380 Increase/ (Decrease)Amendment Description: General Services Fund Revenues:- General Services Fund Expenditures:- At mid year, anticipated revenues of the General Services Fund exceed anticipated expenditures by $31,850 for fiscal year 2020/21. No amendments are proposed to General Services Fund revenues at mid year. No amendments are proposed to General Services Fund expenditures at mid year. For The Six Month Period of October 1, 2020 - March 31, 2021 INTERNAL SERVICE FUNDS MID YEAR REVIEW 14 2020/21 Mid-Year Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2020 - March 31, 2021 INTERNAL SERVICE FUNDS MID YEAR REVIEW ADMINISTRATIVE SERVICES FUND Administrative Services Revenues: Charges for Service 13,125,520 6,453,974 6,671,546 49%- 13,125,520 Miscellaneous Revenues 180,000 37,862 142,138 21%- 180,000 Transfers In 210 210 - 100%- 210 Fund Equity - - - ~- - Total Revenues 13,305,730 6,492,046 6,813,684 49%- 13,305,730 Administrative Services Expenditures: Info Tech / Admin 408,939 204,309 204,630 50%- 408,939 Info Tech / Network Svcs 4,703,533 2,158,075 2,545,458 46%- 4,703,533 Info Tech / Software Applications 3,272,530 1,800,120 1,472,410 55%- 3,272,530 Info Tech / Telecommunications 862,372 395,000 467,372 46%- 862,372 Public Comm / Courier 191,636 44,015 147,621 23%- 191,636 Clearwater Customer Service 3,815,660 1,855,947 1,959,713 49%- 3,815,660 Total Expenditures 13,254,670 6,457,466 6,797,204 49%- 13,254,670 Increase/ (Decrease)Amendment Description: Administrative Services Fund Revenues:- Administrative Services Fund Expenditures:- No amendments are proposed to Administrative Services Fund revenues at mid year. No amendments are proposed to Administrative Services Fund expenditures at mid year. At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $51,060 for fiscal year 2020/21. 15 2020/21 Mid-Year Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2020 - March 31, 2021 INTERNAL SERVICE FUNDS MID YEAR REVIEW GARAGE FUND Garage Fund Revenues Charges for Service 17,494,420 7,124,703 10,369,717 41%- 17,494,420 Miscellaneous Revenues 1,030,000 154,878 875,122 15%- 1,030,000 Transfers In - - - ~- - Fund Equity 391,770 - 391,770 0%- 391,770 Total Revenues 18,916,190 7,279,582 11,636,608 38%- 18,916,190 Garage Fund Expenditures: Fleet Maintenance 17,760,211 7,413,757 10,346,454 42%- 17,760,211 Radio Communications 1,155,979 482,753 673,226 42%- 1,155,979 Total Expenditures 18,916,190 7,896,511 11,019,679 42%- 18,916,190 Increase/ (Decrease)Amendment Description: Garage Fund Revenues:- Garage Fund Expenditures:- At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Garage Fund revenues at mid year. No amendments are proposed to Garage Fund expenditures at mid year. 16 2020/21 Mid-Year Variance %2020/21 1 Qtr Amended Year to Date YTD Actual vs.YTD vs.Proposed MY Amended Budget Actual Adopted Bud Budget Amendment Budget For The Six Month Period of October 1, 2020 - March 31, 2021 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND Central Insurance Revenues: Charges for Service 23,271,960 12,740,936 10,531,024 55%- 23,271,960 Miscellaneous Revenues 900,000 514,968 385,032 57%- 900,000 Transfers In - - - ~- - Fund Equity 1,886,270 - 1,886,270 0%- 1,886,270 Total Revenues 26,058,230 13,255,904 12,802,326 51%- 26,058,230 Central Insurance Expenditures: Finance / Risk Management 426,898 152,000 274,898 36%- 426,898 HR / Employee Benefits 426,370 124,793 301,577 29%- 426,370 HR / Employee Health Clinic 1,702,340 692,312 1,010,028 41%- 1,702,340 Non-Departmental 23,502,622 11,848,552 11,654,070 50%- 23,502,622 Total Expenditures 26,058,230 12,817,657 13,240,573 49%- 26,058,230 Increase/ (Decrease)Amendment Description: Central Insurance Fund Revenues:- Central Insurance Fund Expenditures:- At mid year, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2020/21. No amendments are proposed to Central Insurance Fund revenues at mid year. No amendments are proposed to Central Insurance Fund expenditures at mid year. 17 CAPITAL IMPROVEMENT PROGRAM Mid Year Summary FY 2020/21 18 The amended 2020/21 Capital Improvement Program budget report is submitted for the City Council's mid- year review. The proposed amendment is a net budget increase of $2,137,685. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval ➢ Downtown Streetscaping $1,000,000 05/20/21 ➢ Mercado Downtown Gateway $ 500,000 05/20/21 ➢ City Wayfinding $ 500,000 05/20/21 ➢ Replace Hangar C $ 100,000 03/18/21 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Police District 3 Station 1 PD00180001 550,000 To record a budget transfer of $550,000.00 of General Fund revenue from project C2004,Lift Stations -General Government, as approved by City Council on April 15, 2021.550,000 Downtown Streetscaping - NEW PROJECT 2 C2103 1,000,000 14,864,691 To establish the project and record a budget increase of $15,864,691.01 representing the following transfers:1) $5,090,794.41 of penny revenue from ENGF180001, Downtown Streetscaping;2)$5,253,091.19 of stormwater revenue from ENST180005,Coastal Basin;3)$2,673,404.82 of utility R&R revenues from 96722,Line Relocation - Maintenance;4)$876,276.63 of utility R&R revenue from project 96784,Reclaimed Distribution System;5) $971,123.96 of utility R&R revenue from 96634,Sanitary Utility Relocation;and 6)an increase of $1,000,000.00 of TIF revenues as approved by City Council on May 20, 2021.15,864,691 Mercado Downtown Gateway - NEW PROJECT 3 C2105 500,000 * To establish the project and record a net increase of $500,000.00 in TIF revenue from CRA project R2004, Economic Development-County,as approved by City Council on May 20, 2021.500,000 Downtown Streetscaping 4 ENGF180001 (5,090,794) To record a budget transfer of $5,090,794.41 of penny revenue to project C2103,Downtown Streetscaping,as approved by City Council on May 20, 2021.(5,090,794) City Wayfinding 5 92842 500,000 *100,000 To record a budget transfer of $100,000.00 of Gas fund revenue from project 96384,Gas System Pinellas Building and a budget increase of $500,000.00 of TIF revenues transferred from CRA project R2006,Infrastructure- County, as approved by City Council on May 20, 2021.600,000 Lift Stations - General Government 6 C2004 (550,000) To record a budget transfer of $550,000.00 of General Fund revenue to project PD00180001,Police District 3 Station,as approved by City Council on April 15, 2021.(550,000) Clw Harbor Marina Maint R&R 7 93410 12,500 To record a budget increase of $12,500.00 in Clearwater Harbor Marina revenue to provide funding for additional project expenditures.12,500 Replace Hangar C 8 G1901 100,000 * To record a budget increase of $100,000.00.Amendments include an allocation of $20,000.00 from Airpark fund reserves and $80,0000.00 in grant revenue from FDOT as approved by City Council on March 18, 2021.100,000 CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2020/21 19 * indicates budget amendment only Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT PROGRAM Mid Year Amendments FY 2020/21 Coastal Basin 9 ENST180005 (5,253,091) To record a budget transfer of $5,253,091.19 in stormwater revenue to project C2103,Downtown Streetscaping,as approved by City Council on May 20, 2021.(5,253,091) Line Relocation - Maintenance 10 96722 (2,673,405) To record a budget transfer of $2,673,404.82 in utility R&R revenue to project C2103,Downtown Streetscaping,as approved by City Council on May 20, 2021.(2,673,405) Reclaim Water Distribution System R&R 11 96784 (576,277) To record a budget transfer of $876,276.63 in utility R&R revenue to project C2103,Downtown Streetscaping,as approved by City Council on May 20,2021;and a transfer of $300,000.00 in utility R&R revenue from project 96665, Sanitary Sewer R&R.(576,277) Sanitary Sewer Relocation 12 96634 (971,124) To record a budget transfer of $971,123.96 in utility R&R revenue to project C2103,Downtown Streetscaping,as approved by City Council on May 20, 2021.(971,124) Sanitary Sewer R&R 13 96665 (300,000) To record a budget transfer of $300,000.00 in utility R&R revenue to project 96784,Reclaimed Water Distribution System R&R.(300,000) Pinellas New Mains / Serv Lines 14 96377 17,938 * To record a budget increase of $17,937.91 in property owners share revenue.This will bring the project budget in line with revenues received.17,938 Pasco New Mains / Serv Lines 15 96378 6,859 * To record a budget increase of $6,859.02 in property owners share revenue.This will bring the project budget in line with revenues received.6,859 Gas System - Pinellas Building 16 96384 (100,000) To record a budget transfer of $100,000.00 in Gas fund revenue to project 92842,City Wayfinding,as approved by City Council on May 20, 2021.(100,000) Expanded Energy Conservation 17 96386 388 * To record a budget increase of $388.00 in property owner share revenues to bring the project budget in line with revenues received.388 2,137,685 0 - 2,137,685 TOTAL BUDGET INCREASE /(DECREASE) 20 * indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2020 to March 31, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Police Protection P1802 Police Equipment Replacement 499,698 533,140 533,140 416,760 59,174 57,205 P1803 Command Bus Refurbishment 200,000 200,000 200,000 0 0 200,000 P1902 Police Information Systems 400,000 400,000 400,000 357,945 0 42,055 P2102 Training Range Sound Mitigation - 820,000 820,000 20,365 781,146 18,489 PD00180001 Police District 3 Station 12,500,000 12,500,000 550,000 13,050,000 804,946 313,431 11,931,624 1 Sub-Total 13,599,698 14,453,140 550,000 15,003,140 1,600,016 1,153,751 12,249,373 Fire Protection 91218 Fire Engine Replacement 4,174,786 4,164,216 - 4,164,216 2,791,668 1,334,223 38,326 91221 EMS Capital Equipment 1,165,710 1,031,480 - 1,031,480 1,031,480 0 (0) C 91229 Replace & Upgrade Airpacks 1,146,680 1,146,680 - 1,146,680 849,291 0 297,389 91236 Rescue Vehicle 312,500 312,500 - 312,500 230,452 45,478 36,570 91244 Aerial Truck 3,068,781 3,218,514 - 3,218,514 2,653,479 0 565,034 91257 AED Program 265,230 265,230 - 265,230 163,252 0 101,978 91260 Thermal Imaging Cameras 280,270 280,270 - 280,270 115,711 0 164,559 91261 Personal Protection Equip 2,364,250 2,364,250 - 2,364,250 1,961,851 0 402,399 91262 SCBA Upgrade - Fill Station 125,000 125,000 - 125,000 82,366 0 42,634 91263 Extrication Tools 177,000 177,000 - 177,000 125,708 0 51,292 91264 Fire Hose Replacement 501,010 501,010 - 501,010 301,045 0 199,965 91271 Fire Boat 1,008,363 1,008,363 - 1,008,363 619,808 0 388,555 FD00190001 Fire Station 46 - Beach 6,372,693 6,372,693 - 6,372,693 303,457 568,213 5,501,022 FD00190002 Fire Station 47 Replacement 4,839,441 4,839,441 - 4,839,441 844,701 414,369 3,580,371 M2005 Fire Training Tower 200,286 200,286 - 200,286 52,987 0 147,299 ENGF190002 Beach Guard Tower 208,239 208,239 208,239 58,015 0 150,224 ENGF200002 Beach Guard Admin Building 30,000 50,000 - 50,000 37,283 0 12,717 Sub-Total 26,240,237.72 26,265,170 - 26,265,170 12,222,554 2,362,283 11,680,333 Major Street & Sidewalk Maintenance C2102 Fort Harrison Reconstruction - 5,026,766 - 5,026,766 0 0 5,026,766 C2103 Downtown Streetscaping - - 15,864,691 15,864,691 0 0 15,864,691 2 C2105 Mercado - Downtown Gateway - - 500,000 500,000 0 0 500,000 3 ENRD180002 Bridge Maintenance & Improve 7,802,997 7,802,997 - 7,802,997 775,186 259,825 6,767,987 ENRD180003 Traffic Calming 2,055,031 2,055,031 - 2,055,031 395,044 2,791 1,657,196 ENRD180004 Streets and Sidewalks 17,482,744 17,482,744 - 17,482,744 8,888,263 3,396,050 5,198,431 ENGF180001 Downtown Streetscaping 6,735,405 6,735,405 (5,090,794) 1,644,610 1,623,726 20,884 0 4 ENGF200001 Redesign Fort Harrison/Myrtle 2,000,000 - - - 0 0 - Sub-Total 36,076,177 39,102,943 11,273,897 50,376,840 11,682,220 3,679,550 35,015,070 Intersections ENRD180005 City-Wide Intersection Improve 2,510,540 2,510,540 2,510,540 866,266 0 1,644,274 ENRD180006 Traffic Signals 1,144,434 1,144,534 - 1,144,534 625,450 199,751 319,333 ENRD180007 Traffic Safety Infrastructure 1,209,265 1,209,265 - 1,209,265 625,919 124,528 458,818 Sub-Total 4,864,239 4,864,339 - 4,864,339 2,117,634 324,279 2,422,426 Parking ENPK180001 Parking Lot Resurfacing 708,476 708,476 - 708,476 31,609 0 676,867 ENPK180002 Parking Lot Improvements 1,778,802 1,778,802 - 1,778,802 570,502 0 1,208,300 ENPK180003 Parking Facilities 1,985,348 1,985,348 - 1,985,348 757,917 143,936 1,083,495 Sub-Total 4,472,627 4,472,627 - 4,472,627 1,360,028 143,936 2,968,662 Miscellaneous Engineering 92842 City Wayfinding Project 1,450,000 1,450,000 600,000 2,050,000 215,835 0 1,834,165 5 C2004 Lift Stations - General Gov 2,000,000 2,000,000 (550,000) 1,450,000 176,245 14,538 1,259,217 6 ENGF180002 Downtown Intermodal 924,756 924,756 - 924,756 0 0 924,756 ENGF180003 Miscellaneous Engineering 309,146 309,146 - 309,146 64,797 12,300 232,050 ENGF180004 Survey Equipment Replacement 27,288 27,288 - 27,288 0 0 27,288 ENGF180013 Imagine Clearwater 16,241,322 47,641,322 - 47,641,322 8,889,946 3,070,824 35,680,552 ENGF200003 Memorial Causeway Bridge Lighting 1,600,000 200,000 - 200,000 152,656 14,000 33,344 Sub-Total 22,552,513 52,552,513 50,000 52,602,513 9,499,478 3,111,661 39,991,373 21 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2020 to March 31, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development 93133 Park Land Acquisition 1,331,351 1,627,351 1,627,351 1,333,669 0 293,682 93203 Carpenter Field-Infras Rep/Imprv 682,817 682,817 - 682,817 624,819 4,707 53,291 93205 Baycare Ballpark Infrast Rep/Improv 3,532,272 3,532,272 - 3,532,272 3,455,698 64,577 11,998 93247 Fitness Equipment Replacement 520,000 520,000 - 520,000 434,088 0 85,912 93251 Morningside Rec Ctr Replacement 7,189,000 7,320,652 - 7,320,652 7,299,982 20,670 0 93271 Swimming Pool R&R 1,406,876 1,406,876 - 1,406,876 1,018,073 75,341 313,462 93272 Bicycle Paths-Bridges 5,495,232 5,420,232 - 5,420,232 3,953,031 50,814 1,416,387 93278 Long Center Infra Repairs 2,233,283 2,233,283 - 2,233,283 1,997,712 86,961 148,610 93286 Parking Lot/Bike Path Rsr/Imprv 951,618 951,618 - 951,618 610,327 0 341,291 93602 Sp Events Equip Rep & Rplcmnt 360,000 360,000 - 360,000 323,389 0 36,611 93604 Brdwlks & Docks Rep & Rplcmnt 665,000 665,000 - 665,000 601,727 0 63,273 93612 McMullen Tennis Complex 878,103 867,467 - 867,467 867,467 0 - C 93618 Miscellaneous Park & Rec Contract 475,000 635,000 - 635,000 442,159 1,800 191,041 93620 Sports Field Lighting 725,362 725,362 - 725,362 256,184 12,664 456,515 93633 Pier 60 Pk & Bchwlk Rep & Improv 1,339,377 1,339,377 - 1,339,377 1,034,212 0 305,165 93634 Concrete Sidewalk & Pad Repair 428,176 428,176 - 428,176 288,162 0 140,014 93635 Park Amenity Purch & Rplcmnt 1,377,800 1,265,210 - 1,265,210 899,381 0 365,829 93636 Tennis Court Resurfacing 900,310 900,311 - 900,311 771,505 330 128,475 93637 Playground & Fitness Purch & Rplc 1,198,599 1,198,599 - 1,198,599 840,297 206,570 151,732 93638 Fencing Replacement Program 984,664 984,664 - 984,664 743,174 0 241,490 93642 Phillip-Jones Restroom/Concess 507,944 507,944 - 507,944 272,663 7,775 227,505 93646 Rest Rm Expan-Barefoot Bch House 520,950 520,950 - 520,950 485,089 35,862 (0) 93648 Moccasin Lake Park Master Plan 1,182,432 1,205,657 - 1,205,657 1,114,510 91,148 0 93650 Crest Lake Park Improvement 7,500,000 7,575,000 - 7,575,000 6,493,213 1,009,220 72,567 93652 Countryside Complex Restroom/Conces 4,099,500 4,104,500 - 4,104,500 4,082,987 0 21,513 93654 Recreation Centers Infras Repairs 670,000 670,000 - 670,000 386,269 42,295 241,437 93667 Del Oro Park Renovations 450,000 450,000 - 450,000 1,543 0 448,457 93668 Showmaster Portable Stage 200,000 142,743 - 142,743 142,743 0 - C 93672 Clw Bch Infrast Repairs & Improve 397,690 397,690 - 397,690 356,598 0 41,092 93673 Jack Russell Stadium Improve 1,289,066 1,289,066 - 1,289,066 1,051,529 0 237,537 A1901 Miscellaneous Minor Public Art 112,785 177,079 - 177,079 41,750 0 135,329 C1902 Long Center Parking Improve 550,000 550,000 - 550,000 660 4,180 545,160 C1903 Phillies Entrance Sign 150,000 150,000 - 150,000 0 0 150,000 C1904 Ruth Eckerd Hall 8,500,000 8,500,000 - 8,500,000 7,000,000 0 1,500,000 C2001 Athletic Flds & Fac Reno/Improve 7,500,000 7,500,000 - 7,500,000 0 0 7,500,000 C2002 Ed Wright Park Renovations 750,000 750,000 - 750,000 0 0 750,000 L1901 P&R Vehicle and Equip Additions 440,210 440,210 - 440,210 360,022 33,495 46,693 M1901 Countryside Sports Complex Reno 150,000 - - - 0 0 - C M1915 Belmont Park Revitalization 382,909 477,909 - 477,909 19,300 5,865 452,744 M2002 Environ Park Remediate & Protect 100,000 100,000 - 100,000 0 0 100,000 M2006 Right of Way Tree Mgt Prog 500,000 500,000 - 500,000 17,966 28,700 453,334 ENGF180007 Phillip Jones Park Renovations 224,726 224,726 - 224,726 50,579 12,019 162,128 Sub-Total 68,853,052 69,297,741 - 69,297,741 49,672,475 1,794,992 17,830,274 Marine Facilities 93410 Clwr Harbor Marina Maint R&R 310,000 310,000 12,500 322,500 290,947 15,373 16,180 7 93415 Waterway Maintenance 600,000 600,000 - 600,000 420,373 31,340 148,287 93418 Utilities Services Replacement 462,714 462,714 - 462,714 170,456 0 292,258 93420 Fuel System R & R 182,752 182,752 - 182,752 146,944 0 35,808 93422 Dredging of City Waterways 1,146,204 1,146,204 - 1,146,204 483,487 0 662,717 93499 Pier 60/Sailing Center Maint 541,952 541,952 - 541,952 328,217 0 213,734 C1905 Beach Marina Upgrade 1,000,000 1,000,000 - 1,000,000 6,680 0 993,320 C1906 Clw Harbor Marina Repl & Up 306,000 306,000 - 306,000 36,472 70,259 199,269 ENGF180006 City-wide Docks and Seawall 2,286,739 2,286,739 - 2,286,739 1,294,552 36,300 955,888 ENGF180014 Seminole Boat Launch Improve 6,752,000 6,752,000 - 6,752,000 4,107,837 162,195 2,481,967 M1902 Marine Fac Maint Dock R&R 414,970 414,970 - 414,970 255,427 7,656 151,887 M2102 Seminole Boat Launch Maint 10,000 215,125 - 215,125 0 0 215,125 Sub-Total 14,013,331 14,218,456 12,500 14,230,956 7,541,393 323,123 6,366,441 22 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2020 to March 31, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Airpark 94817 Airpark Maintenance & Repair 269,000 313,976 - 313,976 244,352 0 69,624 94886 Clw Airpark Masterplan Update 110,000 109,325 - 109,325 109,325 0 - C 94894 Ground Support Equip Upgrade 100,000 54,560 - 54,560 54,560 0 - C G1901 Replace Hangar C 1,205,000 1,205,000 100,000 1,305,000 70,716 1,115,395 118,889 8 G1908 Clw Airpark FDOT Security Grant 80,000 71,232 - 71,232 71,232 0 - C G2009 Ground Support Equip Replace 19,467 19,467 - 19,467 19,467 0 - C G2012 Clw Airpark Vehicle Replace 32,018 32,018 - 32,018 30,673 0 1,345 G2108 Security System Upgrade 150,000 150,000 - 150,000 66,434 7,169 76,397 Sub-Total 1,965,485 1,955,578 100,000 2,055,578 666,759 1,122,564 266,255 Libraries 93527 Books & Other Lib Materials 7,696,601 7,696,601 - 7,696,601 7,606,210 0 90,391 93530 Consolidated Eastside/SPC Libr 6,250,000 5,430,000 - 5,430,000 5,300,608 0 129,392 93532 Libr Maker Space Maint. & Up 282,560 282,560 - 282,560 182,205 0 100,355 93534 Library FF&E Repair & Replace 395,000 395,000 - 395,000 135,963 0 259,037 93535 Countryside Library Demolition 75,000 75,000 - 75,000 0 0 75,000 94861 Library Technology 1,500,000 1,500,000 - 1,500,000 1,309,926 0 190,074 Sub-Total 16,199,161 15,379,161 - 15,379,161 14,534,912 0 844,248 Garage 94233 Motorized Equip-Cash 2,279,456 2,283,245 - 2,283,245 2,199,623 22,830 60,792 94238 Police Vehicles 2,502,032 2,502,032 - 2,502,032 2,377,239 72,618 52,175 94246 Fleet Management & Mapping 710,000 710,000 - 710,000 524,779 0 185,221 94627 Misc Budgetary Vehicle Addition 191,617 183,449 - 183,449 183,449 0 - C C1901 Beach Radio Tower 852,370 852,370 - 852,370 0 0 852,370 GSFL180001 Fleet Facility R&R 569,520 569,520 - 569,520 32,689 9,455 527,376 L1910 Motorized Equip Replace - LP 13,935,127 13,635,127 - 13,635,127 9,048,034 3,024,058 1,563,034 L1911 Garage - Off Cycle Replacements 235,227 589,465 - 589,465 205,544 33,539 350,382 M2010 P25 Radio Equipment & Infrast 543,104 543,104 - 543,104 0 0 543,104 Sub-Total 21,818,453 21,868,312 - 21,868,312 14,571,356 3,162,500 4,134,455 Maintenance of Buildings C1907 City Hall Hardening 100,000 25,000 - 25,000 25,000 0 - C C1909 City Hall Move 383,085 380,165 - 380,165 380,165 0 - C ENGF180012 Public Works Complex 1,615,664 1,615,664 - 1,615,664 1,926 0 1,613,738 GSBM180001 Air Cond Replace-City Wide 1,354,436 1,354,436 - 1,354,436 766,209 12,000 576,227 GSBM180002 Flooring for Facilities 1,302,837 1,302,837 - 1,302,837 661,039 96,615 545,182 GSBM180003 Roof Repair and Replacement 1,945,409 1,954,213 - 1,954,213 913,747 229,335 811,132 GSBM180004 Painting of Facilities 692,923 692,923 - 692,923 127,841 13,757 551,324 GSBM180005 Fencing of Facilities 158,170 158,170 - 158,170 73,199 0 84,970 GSBM180006 Light Replacement & Repair 578,197 578,197 - 578,197 286,008 0 292,188 GSBM180007 Elevator Refurbish/Modern 660,576 660,576 - 660,576 11,118 0 649,458 GSBM180008 Building Systems 1,668,377 1,668,377 - 1,668,377 739,178 43,412 885,788 GSBM180009 New A/C Chiller System 4,850,000 4,850,000 - 4,850,000 1,752,713 27,750 3,069,537 GSBM180010 General Services R&R 400,000 400,000 - 400,000 306,809 0 93,191 GSBM180011 Generator Maintenance 600,000 600,000 - 600,000 0 0 600,000 GSBM180012 General Faci Bldg Major Reno 2,035,242 2,035,242 - 2,035,242 256,834 0 1,778,409 C2101 North Ward Preservation - 77,920 - 77,920 240 0 77,680 L1902 B&M Vehicle & Equipment 65,000 65,000 - 65,000 35,046 0 29,955 Sub-Total 18,409,916 18,418,720 - 18,418,720 6,337,071 422,870 11,658,779 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2020 to March 31, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 4,223,089 4,223,089 - 4,223,089 3,625,283 0 597,807 94736 Geographic Information Sys 1,185,997 1,185,997 - 1,185,997 954,455 0 231,542 94828 Financial Systems Upgrades 4,108,165 4,108,165 - 4,108,165 2,682,407 163,249 1,262,510 94829 CIS Upgrades / Replacement 1,297,376 1,297,376 - 1,297,376 432,023 0 865,353 94830 MS Licensing / Upgrades 1,150,000 1,150,000 - 1,150,000 842,601 16,201 291,198 94833 Computer Monitors 419,828 419,828 - 419,828 392,266 0 27,562 94850 Backfile Conversion of Records 500,000 500,000 - 500,000 187,660 0 312,340 94857 Accela Permit & Code Enforce 350,000 350,000 - 350,000 208,145 0 141,855 94873 Citywide Camera System 310,000 310,000 - 310,000 216,188 5,475 88,336 94874 City Enterprise Timekeep Sys 335,000 335,000 - 335,000 182,082 26,340 126,578 94880 Granicus Agenda Mgt Sys 185,000 185,000 - 185,000 41,136 0 143,864 94883 Business Proc Review & Improve 750,000 750,000 - 750,000 311,925 369 437,706 94888 City EOC & Disaster Recovery Fac 3,360,000 3,360,000 - 3,360,000 3,127,493 87,405 145,102 C2006 ADA Transition Plan 600,000 600,000 - 600,000 80,228 0 519,772 C2007 Citywide Audio/Visual Solutions 190,053 190,053 - 190,053 0 0 190,053 ENGF180010 Pollutant Storage Tank 399,408 399,408 - 399,408 43,380 0 356,028 ENGF180011 Environmental Assmt & Clean-up 713,636 713,636 - 713,636 105,562 22,398 585,676 L1906 Telecommunications Upgrade 769,047 769,047 - 769,047 0 0 769,047 L1907 IT Disaster Recovery 280,396 280,396 - 280,396 57,869 0 222,527 L1908 Network Infra & Server R&R 1,693,191 1,693,191 - 1,693,191 1,156,738 114,072 422,381 M1911 IT Disaster Recovery Equipment 125,000 125,000 - 125,000 0 0 125,000 M1912 Network Infra & Server Upgrade 223,226 223,226 - 223,226 96,803 0 126,423 M1914 Sustainability Initiatives 200,000 200,000 - 200,000 27,008 24,703 148,290 M2007 City EOC Maintenance 75,000 75,000 - 75,000 0 0 75,000 Sub-Total 23,443,412 23,443,412 - 23,443,412 14,771,252 460,211 8,211,950 UTILITIES Stormwater Utility ENST180001 Stormwater Pipe System Improve 11,816,127 11,816,127 - 11,816,127 2,121,463 3,576,482 6,118,181 ENST180002 Allen's Creek 2,816,271 2,816,271 - 2,816,271 2,336,053 345,958 134,260 ENST180003 Stormwater System Expansion 1,869,326 869,326 - 869,326 0 0 869,326 ENST180004 Stevenson Creek 5,229,146 2,729,146 - 2,729,146 37,612 0 2,691,535 ENST180005 Coastal Basin 6,076,807 9,550,041 (5,253,091) 4,296,950 1,911,917 284,528 2,100,505 9 ENST180006 Alligator Creek Watershed 6,386,592 3,386,592 - 3,386,592 390,095 246,172 2,750,324 ENST180008 Hillcrest Bypass Culvert 4,096,167 4,096,167 - 4,096,167 3,542,849 68,660 484,658 ENST180010 Lower Spring Branch Improve 2,320,000 2,320,000 - 2,320,000 183,838 125,206 2,010,956 C1908 Stormwater Vehicles & Equip 3,675,500 3,675,500 - 3,675,500 3,077,725 153,681 444,094 Sub-Total 44,285,936 41,259,170 (5,253,091) 36,006,079 13,601,551 4,800,687 17,603,840 Water System 96721 System R & R - Maintenance 5,065,686 5,065,686 - 5,065,686 2,755,881 164,011 2,145,794 96722 Line Relocation - Maintenance 10,541,545 10,541,545 (2,673,405) 7,868,140 2,693,880 243,945 4,930,315 10 96739 Reclaimed Water Dist Sys 46,666,014 46,666,014 - 46,666,014 45,375,997 418,607 871,410 96742 Line Relocation-Capitalized 5,669,275 5,669,275 - 5,669,275 4,255,780 0 1,413,495 96744 System Expansion 3,473,043 3,473,043 - 3,473,043 3,083,691 0 389,352 96764 RO Plant Exp Res #1 15,869,527 15,869,527 - 15,869,527 13,159,771 0 2,709,756 96767 RO Plant at Res #2 43,095,439 43,095,439 - 43,095,439 41,674,931 994,416 426,093 96773 Groundwater Replenishm Fac 20,900,118 20,900,118 - 20,900,118 5,902,487 0 14,997,631 96782 RO Plant @WTP #3 1,599,594 1,599,594 - 1,599,594 337,042 13,783 1,248,769 96783 Water Sys Upgrades/Improve 7,803,600 7,803,600 - 7,803,600 1,077,083 186,023 6,540,494 96784 Reclaim Water Distrib Sys R&R 2,095,253 2,095,253 (576,277) 1,518,976 694,399 389,611 434,966 11 96785 Feasibility Studies/Evalu - Water 3,705,000 3,705,000 - 3,705,000 2,057,885 431,664 1,215,451 96786 Devices/Equipments - Water 600,000 600,000 - 600,000 0 0 600,000 L1905 Vehicle & Equipment - Water 125,212 125,212 - 125,212 125,212 0 - C M1908 RO Plant Exp Res #1 R&R 1,000,000 1,000,000 - 1,000,000 38,206 3,993 957,800 M1909 RO Plant at Res #2 R&R 1,050,000 1,050,000 - 1,050,000 65,400 2,115 982,485 M1910 Water Treatment Plant #3 R&R 448,851 448,851 - 448,851 900 2,115 445,836 Sub-Total 169,708,155 169,708,155 (3,249,681) 166,458,474 123,298,544 2,850,282 40,309,647 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2020 to March 31, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/20 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Sewer System 96212 Sanitary Sewer Upgrades/Impr 18,701,511 18,701,511 - 18,701,511 7,114,026 3,006,683 8,580,803 96213 Marshall Street Upgrades/Impr 11,644,299 11,644,299 - 11,644,299 3,919,644 4,198,631 3,526,024 96214 East Plant Upgrades/Improve 4,020,000 4,020,000 - 4,020,000 340,767 93,710 3,585,523 96215 N.E. Plant Upgrades/Improve 23,660,120 28,660,120 - 28,660,120 1,672,075 2,271,898 24,716,147 96216 Laboratory Upgrade/Improve 1,155,079 1,155,079 - 1,155,079 12,168 2,690 1,140,222 96217 Pump Station R&R 1,950,192 1,950,192 - 1,950,192 546,110 10,573 1,393,509 96630 Sanitary Sewer Extension 14,944,528 14,944,528 - 14,944,528 12,570,807 48,907 2,324,815 96634 Sanitary Sewer Relocation 5,356,666 5,356,666 (971,124) 4,385,542 3,498,653 78,686 808,202 12 96645 Laboratory Upgrade & R&R 1,146,761 1,146,761 - 1,146,761 1,126,761 0 20,000 96654 Facilities Upgrade & Improve 13,489,876 13,489,876 13,489,876 10,530,968 258,998 2,699,911 96664 Water Pollution Control R & R 31,066,864 26,066,864 - 26,066,864 17,274,342 1,169,205 7,623,317 96665 Sanitary Sewer R&R 47,513,458 47,513,458 (300,000) 47,213,458 32,389,413 9,324,526 5,499,518 13 96686 Pump Station Replacement 9,332,747 9,332,747 - 9,332,747 4,248,540 534,626 4,549,581 L1903 Generators - Sewer Fund 404,250 404,250 - 404,250 404,250 0 - C L1904 Vehicle & Equip-Sewer 498,701 498,701 - 498,701 498,701 0 - C M1905 Marshall Street Plant R&R 2,900,000 2,900,000 - 2,900,000 54,922 328,195 2,516,883 M1906 Northeast Plant R&R 1,219,313 1,219,313 - 1,219,313 371,125 270,120 578,068 M1907 East Plant R&R 3,320,000 3,320,000 - 3,320,000 213,492 77,877 3,028,631 M2008 Vehicle and Equip-Sewer 26,000 26,000 - 26,000 25,245 0 755 Sub-Total 192,350,365 192,350,365 (1,271,124) 191,079,241 96,812,007 21,675,326 72,591,908 Gas System 96358 Environmental Remediation 2,134,794 2,134,794 - 2,134,794 1,774,761 38,353 321,680 96365 Line Relocation-Pinellas Maint 781,106 781,106 - 781,106 524,926 0 256,179 96367 Gas Meter Change Out-Pinellas 4,113,000 4,113,000 - 4,113,000 3,974,983 0 138,017 96374 Line Relocation-Pinellas Capital 2,733,500 2,733,500 - 2,733,500 2,382,965 7,000 343,535 96376 Line Relocation - Pasco Maint 308,593 308,593 - 308,593 143,153 0 165,439 96377 Pinellas New Mains / Serv Lines 35,310,791 35,357,999 17,938 35,375,937 33,971,231 0 1,404,706 14 96378 Pasco New Mains / Serv Lines 22,876,741 22,880,121 6,859 22,886,980 20,817,511 58,950 2,010,519 15 96379 Pasco Gas Meter Change Out 1,142,821 1,142,821 - 1,142,821 823,110 0 319,711 96381 Line Reloc-Pasco-Capitalized 1,209,151 1,239,160 - 1,239,160 949,117 786 289,257 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 - 992,000 856,268 0 135,732 96384 Gas System - Pinellas Building 28,857,855 28,857,855 (100,000) 28,757,855 27,409,033 265,590 1,083,232 16 96385 Gas Main Extensions 1,807,845 1,807,845 - 1,807,845 1,493,385 0 314,460 96386 Expanded Energy Conservation 13,609,835 13,617,855 388 13,618,243 11,692,667 428 1,925,149 17 96387 Natural Gas Vehicle 6,724,584 6,724,584 - 6,724,584 4,659,771 127,536 1,937,277 96389 Future IMS Software & Hardware 950,000 950,000 - 950,000 354,293 0 595,707 96390 Gas Vehicle Additions 473,294 460,100 - 460,100 460,100 0 (0) C 96391 Gas System Pasco Building 450,000 450,000 - 450,000 0 0 450,000 M1904 Pinellas Building Equip R&R 600,000 600,000 - 600,000 0 0 600,000 Sub-Total 125,075,908 125,151,332 (74,815) 125,076,518 112,287,274 498,643 12,290,601 Solid Waste & Recycling 96426 Facility R & R 2,902,608 2,902,608 2,902,608 1,818,661 5,154 1,078,793 96443 Res Container Acquisition 2,201,741 2,201,741 2,201,741 1,644,188 0 557,552 96444 Comm Container Acquisition 4,445,420 4,445,420 4,445,420 3,748,264 0 697,156 96445 Solar Trash & Recycling Kiosks 339,414 339,414 339,414 239,182 0 100,232 96448 Solid Waste CNG Station 150,000 150,000 150,000 0 0 150,000 96449 Solid Waste Truck Wash Fac 555,500 555,500 555,500 0 0 555,500 C2005/L2005 Underground Refuse Program 1,695,090 1,695,090 1,695,090 689,238 695,941 309,911 96804 Recycling Carts/Dumpsters 1,396,650 1,396,650 - 1,396,650 879,567 0 517,083 96805 Recycling Expan/Particip/R&R 1,331,525 1,331,525 - 1,331,525 1,184,376 0 147,149 96811 Purchase Transfer Tractors 408,000 395,983 - 395,983 395,983 0 - C SR00180003 Processing Ctr Building Replace 3,862,633 3,862,633 - 3,862,633 4,168 0 3,858,464 SRTS180001 S.W.Transfer Station Rebuild 19,650,130 19,650,130 19,650,130 18,200,057 883,061 567,011 Sub-Total 38,938,710 38,926,693 - 38,926,693 28,803,685 1,584,157 8,538,851 Utility Miscellaneous 96523 Pub Utilities Adm Bldg R&R 556,703 556,703 - 556,703 436,694 0 120,009 96526 Public Utility Admin Building 904,306 904,306 - 904,306 0 0 904,306 Sub-Total 1,461,009 1,461,009 - 1,461,009 436,694 0 1,024,315 TOTAL ALL PROJECTS 844,328,385 875,148,837 2,137,685 877,286,522 521,816,904 49,470,816 305,998,803 25 Special Program Fund Mid Year Budget Amendments October 1, 2020 - March 31, 2021 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment General Government Programs Lien Foreclosure Program 1 M1913 82,740 To record a budget increase of $82,740.43 in fine revenues to bring the budget in line with actual receipts.82,740 Planning Studies Fund 2 M2101 150,000 To record a budget transfer of $150,000.00 in General Fund revenues from program 99729, Joint Hercules Planning Study.150,000 General Government Totals:82,740 150,000 232,740 Public Safety Programs Foreclosure Registry - Nuisance Abatement 3 98609 9,300 To record a budget increase of $9,300.00 which represents foreclosure registry fees collected to date to bring the budget in line with actual receipts.9,300 Police Extra Duty 4 99215 311,702 To record a budget increase of $311,701.80 in police service revenue to bring the budget in line with actual receipts. 311,702 Police Education Fund 5 99317 7,013 To record a budget increase of $7,012.98 in police education fine revenue which will bring the budget in line with actual receipts.7,013 Investigative Costs Recovery 6 99329 52,472 0.22 To record a budget increase of $10,312.36 in grant revenues;and an increase of $42,159.23 in fines,forfeitures and penalties revenue which will bring the budget in line with actual receipts. To record a transfer of $0.22 from program P2001,Police Boat Replacement, to return unspent revenue to close the program.52,472 Vehicle Replacement Fund 7 99350 19,964 To record a budget increase of $19,964.00 in insurance claims revenue which will bring the budget in line with actual receipts.19,964 Crime Prevention Program 8 99364 2,750 To record a budget increase of $2,750.00 in donation revenues for a Clearwater for Youth sponsorship and first responder relief.This will bring the budget in line with actual receipts.2,750 26 Special Program Fund Mid Year Budget Amendments October 1, 2020 - March 31, 2021 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs (continued) Federal Forfeiture Sharing 9 99387 5,009 To record an increase of $3,918.78 in grant revenues from the US Department of Justice,and $1,090.00 for surplus equipment which will bring the budget in line with actual receipts.5,009 Emergency Operations 10 99927 200,000 To record a budget transfer of $200,000.00 in General Fund revenue from program D2001,COVID-19 Prep &Response to return funding due to reimbursement.200,000 COVID-19 Prep & Response 11 D2001 1,980,740 (200,000) To record a budget increase of $1,980,740.06 in reimbursement revenue from Pinellas County representing federal CARES Act funding.Amendments also include a transfer of $200,000.00 of General Fund revenue to program 99927,Emergency Operations to return original funding.1,780,740 Police Boat Replacement - CLOSE PROGRAM 12 P2001 (0.22) To record a transfer of $0.22 to program 99329,Investigative Cost Recovery.This purchase is complete,unspent revenues are being returned to close this program.(0.22) Public Safety Program Totals:2,388,949 0 2,388,949 Physical Environment Programs Tree Replacement Program 13 99970 5,952 To record a budget increase of $5,952.00 in fines,forfeiture and penalties revenue to bring the budget in line with actual receipts.5,952 Physical Environment Programs Program: Totals:5,952 - 5,952 Economic Environment Programs Joint Hercules Planning Study - CLOSE PROGRAM 14 99729 (150,000) To record a budget transfer of $150,000.00 in General Fund revenues to program M2101,Planning Studies Fund.This program will be closed. (150,000) Public Facilities 2020 15 G2004 (95,000) To record a budget transfer of $95,000.00 in Community Development Block Grant revenues to G2101,Public Facilities 2021. (95,000) 27 Special Program Fund Mid Year Budget Amendments October 1, 2020 - March 31, 2021 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Development 2020 16 G2005 (8,425) To record a budget transfer of $8,425.00 in Community Development Block Grant (CDBG)revenue to G2102,Economic Development 2021.(8,425) Program Administration 2020 17 G2006 (14,974) To record a budget transfer of $14,974.00 in Community Development Block Grant (CDBG)revenue to G2103,Program Administration 2021.(14,974) Public Facilities 2021 18 G2101 95,000 To record a budget transfer of $95,000.00 in Community Development Block Grant (CDBG)revenue from G2004,Public Facilities 2020.95,000 Economic Development 2021 19 G2102 - 8,425 To record a budget transfer of $8,425.00 in Community Development Block Grant (CDBG)revenue from G2005,Economic Development 2020.8,425 Program Administration 2021 20 G2103 - 14,974 To record a budget transfer of $14,974.00 in Community Development Bock Grant (CDBG)revenue from G2006,Program Administration 2020.14,974 Economic Environment Program Totals:- (150,000.00) (150,000) Human Services Programs Coordinated Child Care-Ross Norton - CLOSE PROGRAM 21 99872 (340,178) (408,133) To record a budget decrease of $340,178.20 in governmental revenue from the Juvenile Welfare Board (JWB),and a transfer of $408,133.08 of JWB revenues to G2107, JWB Youth Programming.(748,311) JWB Youth Programming - NEW PROGRAM 22 G2107 - 408,133 To record a budget transfer of $408,133.08 in governmental revenue from the Juvenile Welfare Board (JWB)from special program 99872,Coordinated Child Care -Ross Norton which is being closed.408,133 Human Services Program: Totals:(340,178) - (340,178.20) 28 Special Program Fund Mid Year Budget Amendments October 1, 2020 - March 31, 2021 Increase/ Amdmt Program (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Culture and Recreation Programs Clearwater for Youth Grants 23 G1907 12,000 To record a budget increase of $12,000.00 in donation revenues from Clearwater for Youth to support youth athletic programs.12,000 Culture and Recreation Program Total:12,000 - 12,000 2,149,463 - 2,149,463 Total Budget Increase/(Decrease): 29 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2020 to March 31, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref GENERAL GOVERNMENT PROGRAMS 99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666 99857 Stimulus - Elctrnc Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073 99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,279 99925 Peg Access Support 838,261 838,261 - 838,261 836,917 - 1,344 99928 Nagano Sister City Program 304,139 304,139 - 304,139 172,446 7,500 124,193 M1913 Lien Foreclosure Program 549,868 643,244 82,740 725,984 329,655 - 396,329 1 M2101 Planning Studies Fund 300,000 325,000 150,000 475,000 - 251,585 223,415 2 Sub-Total 3,047,767 3,166,143 232,740 3,398,884 2,097,500 259,085 1,042,299 PUBLIC SAFETY PROGRAMS 98609 Foreclosure Registry-Nuisance Abtmnt 130,500 140,500 9,300 149,800 22,163 - 127,638 3 98610 Hurricane Irma 2,615,206 3,506,686 - 3,506,686 2,706,118 - 800,567 99215 Police Extra Duty 4,076,616 4,342,353 311,702 4,654,055 4,422,262 - 231,793 4 99241 Human Trafficking Overtime 87,000 87,000 - 87,000 70,954 - 16,046 99279 Police Recruitments 201,010 201,010 - 201,010 70,681 7,000 123,329 99281 Fed Forfeitures - Treasury 196,150 167,234 167,234 120,171 - 47,064 99316 Police Volunteers 153,519 158,519 - 158,519 143,077 - 15,442 99317 Police Education Fund 1,391,780 1,400,369 7,013 1,407,382 1,304,567 - 102,814 5 99329 Investigative Recovery Costs 2,601,962 2,683,778 52,472 2,736,249 2,419,368 5,444 311,437 6 99330 FL Contraband Forfeiture Fund 1,062,172 999,444 999,444 757,538 - 241,906 99350 Vehicle Replacement Fund 467,022 503,140 19,964 523,104 291,766 39,386 191,952 7 99356 Safe Neighborhood Program 1,341,846 1,341,846 - 1,341,846 1,246,005 - 95,841 99364 Crime Prevention Program 204,374 212,824 2,750 215,574 167,391 - 48,184 8 99387 Federal Forfeiture Sharing 2,423,290 2,446,532 5,009 2,451,541 1,834,172 19,110 598,259 9 99927 Emergency Operations 4,118,821 4,128,870 200,000 4,328,870 3,098,661 2,000 1,228,209 10 99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612 G2003 2020 HVE Ped & Bicycle Safety 80,000 49,380 - 49,380 49,380 - 0 C G2106 2021 HVE Ped & Bicycle Safety - 56,882 - 56,882 27,932 - 28,950 P1801 School Resource Officers 1,070,735 1,650,637 - 1,650,637 1,305,087 - 345,550 D2001 COVID-19 Prep & Response 200,000 200,000 1,780,740 1,980,740 224,150 - 1,756,590 11 P2001 Police Boat Replacement 181,526 181,526 (0.22) 181,526 181,526 - 0.00 12 P2002 Police Body Worn Camera Program 616,957 686,253 - 686,253 606,252 24,461 55,540 P2101 Mental Health Co-Responder Team - 143,200 - 143,200 - - 143,200 Sub-Total 23,290,186 25,357,682 2,388,949 27,746,631 21,110,308 97,401 6,538,922 PHYSICAL ENVIRONMENT PROGRAMS 99970 Tree Replacement Program 1,919,579 1,925,058 5,952 1,931,010 965,855 9,034 956,121 13 Sub-Total 1,919,579 1,925,058 5,952 1,931,010 965,855 9,034 956,121 ECONOMIC ENVIRONMENT PROGRAMS 99729 Joint Hercules Pln & Econ Study 150,000 150,000 (150,000) - - - 0 C 14 99764 Public Facilities 2018 443,768 443,768 - 443,768 344,915 98,853 0 99802 Brownfield Revolving Loan 1,216,732 1,216,732 - 1,216,732 420,381 - 796,351 99846 Economic Development - QTI 166,879 166,879 - 166,879 71,591 - 95,288 99871 State Brownfields Redevelopment Acct 165,463 165,463 - 165,463 165,463 - 0 C G1902 Public Facilities 2019 319,253 319,253 - 319,253 233,920 85,333 0 G1905 Infill Housing 2019 162,359 162,359 - 162,359 162,359 - 0 G2004 Public Facilities 2020 230,345 230,345 (95,000) 135,345 40,180 64,661 30,504 15 G2005 Economic Development 2020 60,000 60,000 (8,425) 51,575 51,575 - - 16 G2006 Program Administration 2020 261,309 261,309 (14,974) 246,335 159,116 - 87,219 17 G2008 Public Services 2020 114,603 114,603 - 114,603 104,384 - 10,219 G2010 CDBG-CV Fund 623,592 1,482,560 - 1,482,560 68,322 106,778 1,307,460 G2011 Back to Business Grant Program 3,550,000 3,550,000 - 3,550,000 1,429,498 - 2,120,502 G2101 Public Facilities 2021 456,251 456,251 95,000 551,251 - 386,291 164,960 18 G2102 Economic Development 2021 228,039 228,039 8,425 236,464 - 100,000 136,464 19 G2103 Program Administration 2021 167,472 167,472 14,974 182,446 - 15,000 167,446 20 G2104 Infill Housing 2021 86,154 86,154 - 86,154 - - 86,154 G2105 Public Services 2021 136,104 136,104 - 136,104 15,653 120,451 0 M2009 Afford Housing & Comm Development 290,853 290,853 - 290,853 13,962 53 276,838 Sub-Total 8,829,177 9,688,145 (150,000) 9,538,145 3,281,318 977,421 5,279,406 30 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2020 to March 31, 2021 Actual Expenditures Budget Amended Revised Project Open Available Amend Description Budget Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref HUMAN SERVICES PROGRAMS 98601 Next Steps to Better Nutrition 10,000 10,000 - 10,000 6,574 - 3,426 98607 Senior Citizens Services - Trips 14,000 14,000 - 14,000 10,858 - 3,142 99562 HUD Special Education 30,000 30,000 - 30,000 27,600 - 2,400 99844 United Way 15,080 15,080 - 15,080 11,646 - 3,434 99869 Health Prevention Program 195,269 190,269 - 190,269 176,019 - 14,251 99872 Coordinated Child Care - Ross Norton 3,171,577 3,171,577 (748,311) 2,423,266 2,423,266 - 0 21 G2107 JWB Youth Programming - 394,095 408,133 802,228 184,979 - 617,249 22 Sub-Total 3,435,926 3,825,021 (340,178) 3,484,843 2,840,941 - 643,902 CULTURE AND RECREATION PROGRAMS 98608 Clark-Turner Trust (Library)106,077 106,077 - 106,077 - - 106,077 99910 Library Special Account 890,399 890,400 - 890,400 858,752 - 31,648 G1907 Clearwater for Youth Grants 18,000 18,000 12,000 30,000 8,278 - 21,722 23 PRSE190001 Special Events 2,561,950 2,565,227 - 2,565,227 2,306,874 8,981 249,373 Sub-Total 3,576,426 3,579,704 12,000 3,591,704 3,173,904 8,981 408,820 TOTAL ALL PROJECTS 44,099,061 47,541,754 2,149,463 49,691,217 33,469,826 1,351,922 14,869,469 31 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2020/21 Increase/ (Decrease)Description Revenues No amendments are proposed to Special Development Fund revenues at mid year. -$ Net Revenue Amendments Expenditures No amendments are proposed to Special Development Fund expenditures at mid year. -$ Net Expenditure Amendments 32 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2020 - March 31, 2021 Third Quarter: October 1, 2020 - June 30, 2021 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2020/21 2020/21 2020/21 Amendments Revenues: Ad Valorem Taxes 3,426,420 3,426,420 3,426,420 - Infrastructure Tax 11,771,980 11,771,980 11,771,980 - Interest Earnings 550,000 550,000 550,000 - Multi-Modal Impact Fees 150,000 150,000 150,000 - Local Option Gas Tax 1,500,000 1,500,000 1,500,000 - Allocation of Assigned Fund Balance 678,020 974,020 974,020 - 18,076,420 18,372,420 18,372,420 - Expenditures: Transfer to Capital Improvement Fund Road Millage 3,344,710 3,344,710 3,344,710 - Infrastructure Tax 12,450,000 12,450,000 12,450,000 - Recreation Facility Land Fees - 190,286 190,286 - Open Space Impact Fees - 105,714 105,714 - Multi-Modal Impact fees 140,000 140,000 140,000 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 - 17,361,860 17,657,860 17,657,860 - SPECIAL DEVELOPMENT FUND 33 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2020 - March 31, 2021 Third Quarter: October 1, 2020 - June 30, 2021 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2020/21 2020/21 2020/21 Amendments Revenues: CDBG/Home Funds 837,360 837,360 837,360 - Interest Earnings 100,000 100,000 100,000 - Intergovernmental Revenue - 2,660,962 4,315,755 1,654,793 Charges for Service Revenue - 311,855 632,856 321,002 Judgments, Fines and Forfeit Revenue - 272,262 410,126 137,865 Miscellaneous Revenue - 29,414 65,218 35,804 Transfers from General Fund:- 143,200 143,200 - Sister City Program 37,380 37,380 37,380 - Planning Study Fund 300,000 325,000 325,000 - United Way Campaign Fund 1,500 1,500 1,500 - Special Events 70,000 70,000 70,000 - Economic Development QTI 13,230 13,230 13,230 - Police Recruitments 30,000 30,000 30,000 - Police Body Worn Camera Program 270,794 270,794 270,794 - 1,660,264 5,102,956 7,252,420 2,149,463 Expenditures: General Government 337,380 455,756 688,496 232,740 Public Safety 300,794 2,368,290 4,757,239 2,388,949 Physical Environment - 5,479 11,431 5,952 Economic Environment 686,120 1,545,088 1,395,088 (150,000) Human Services 1,500 390,595 50,417 (340,178) Culture and Recreation 70,000 73,278 85,278 12,000 Interfund Transfers 164,470 164,470 164,470 - Transfer to Capital Fund 30,000 30,000 30,000 - 1,590,264 5,032,956 7,182,420 2,149,463 Revenues: HOME Investment Partnerships 431,440 431,440 431,440 - State Housing Initiatives Partnerships - - - - Total - HOME/SHIP Funds 431,440 431,440 431,440 - Expenditures: Economic Environment 323,580 323,580 323,580 Interfund Transfers 107,860 107,860 107,860 Total - HOME/SHIP Programs 431,440 431,440 431,440 - SPECIAL PROGRAM FUND OTHER HOUSING ASSISTANCE FUNDS 34 ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2020/21 35 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 03/18/21 Administrative Change Order #1 & Final – Mandalay Pedestrian Bridge Replacement (17-0051-EN). This change order decreases items in accordance with field conditions to close the contract resulting in a net decrease to the contract. Kelly Brothers, Inc. (121,454.60) 03/25/21 Administrative Change Order #4 & Final – Druid Rd/Allen’s Creek Stormwater Pipe Replacement (11-0044-EN). This change order decreases, increases, and adds items in accordance with field conditions to close the contract resulting in a net decrease to the contract. Steve’s Excavating & Paving, Inc. (350,208.92) 04/28/21 Administrative Change Order #1 & Final – Crest Lake Park Phase II (50101). This change order increases and adds items in accordance with field conditions resulting in a net increase to the contract. Dix-Hite + Partners, Inc. 13,000.00 Ordinance #9475-21 36 ORDINANCE NO. 9475-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL PROGRAM FUND, AIRPARK FUND, CLEARWATER HARBOR MARINA FUND, AND PARKING FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2021, for operating purposes, including debt service, was adopted by Ordinance No. 9408-20; and WHEREAS, at mid-year review it was found that an increase of $2,700,788 is necessary for revenues and an increase of $2,713,288 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 9408-20 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2020 and ending September 30, 2021 a copy, of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ Frank Hibbard, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A EXHIBIT A 2020-21 BUDGET REVENUE 2020-21 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 2020/21 2020/21 2020/21 Amendments General Fund: Ad Valorem Taxes 68,492,140 68,492,140 68,492,140 - Utility Taxes 15,230,000 15,230,000 15,230,000 - Local Option, Fuel & Other Taxes 6,350,000 6,350,000 6,350,000 - Franchise Fees 10,104,770 10,104,770 10,104,770 - Other Permits & Fees 2,309,000 2,309,000 2,309,000 - Intergovernmental Revenues 18,862,910 18,862,910 18,862,910 Charges for Services 15,780,380 15,780,380 15,780,380 - Judgments, Fines & Forfeitures 1,354,000 1,354,000 1,354,000 - Miscellaneous Revenues 2,643,956 2,643,956 2,643,956 - Transfers In 11,052,684 11,079,718 11,080,942 1,224 Transfer (to) from Reserves - 1,086,540 1,616,540 530,000 Total, General Fund 152,179,840 153,293,414 153,824,638 531,224 Special Revenue Funds: Special Development Fund 18,076,420 18,372,420 18,372,420 - Special Program Fund 1,660,264 5,102,956 7,252,420 2,149,463 Local Housing Asst Trust Fund 431,440 431,440 431,440 - Utility & Other Enterprise Funds: Water & Sewer Fund 102,289,480 102,289,480 102,289,480 - Stormwater Utility Fund 17,899,890 17,899,890 17,899,890 - Solid Waste & Recycling Fund 27,130,350 27,130,350 27,130,350 - Gas Fund 47,788,140 47,788,800 47,788,800 - Airpark Fund 347,860 347,860 367,860 20,000 Marine Fund 5,277,210 5,277,210 5,277,210 - Clearwater Harbor Marina 921,970 921,970 921,970 - Parking Fund 7,330,560 7,330,662 7,330,763 101 Internal Service Funds: Administrative Services Fund 13,305,520 13,305,730 13,305,730 - General Services Fund 6,194,230 6,194,230 6,194,230 - Garage Fund 18,916,190 18,916,190 18,916,190 - Central Insurance Fund 26,058,230 26,058,230 26,058,230 - Total, All Funds 445,807,594 450,660,832 453,361,621 2,700,788 37 Ordinance #9475-21 EXHIBIT A (Continued) EXHIBIT A (Continued) 2020-21 BUDGET EXPENDITURES 2020-21 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2020/21 2020/21 2020/21 Amendments General Fund: City Council 395,821 395,821 395,821 - City Manager's Office 1,275,890 1,275,944 1,275,944 - City Attorney's Office 1,809,585 1,809,657 1,809,657 - City Auditor's Office 226,432 226,444 226,444 - CRA Administration 468,480 468,510 468,510 - Economic Development & Housing Svc 1,828,948 1,829,014 1,829,014 - Engineering 8,230,947 8,230,947 8,230,947 - Finance 2,637,681 2,637,861 2,637,861 - Fire 30,293,051 30,293,051 30,294,275 1,224 Human Resources 1,562,078 1,562,180 1,562,180 - Library 8,000,965 8,000,965 8,000,965 - Non-Departmental 7,784,508 8,723,248 9,253,248 530,000 Official Records & Legislative Svcs 1,215,681 1,215,729 1,215,729 - Parks & Recreation 31,136,988 31,311,192 31,311,192 - Planning & Development 6,458,802 6,458,802 6,458,802 - Police 47,259,323 47,259,323 47,259,323 - Public Communications 1,196,190 1,196,256 1,196,256 - Public Utilities 398,470 398,470 398,470 - Total, General Fund 152,179,840 153,293,414 153,824,638 531,224 Special Revenue Funds: Special Development Fund 17,361,860 17,657,860 17,657,860 - Special Program Fund 1,590,264 5,032,956 7,182,420 2,149,463 Local Housing Asst Trust Fund 431,440 431,440 431,440 - Utility & Other Enterprise Funds: Water & Sewer Fund 102,289,480 102,289,480 102,289,480 - Stormwater Utility Fund 16,706,320 16,706,320 16,706,320 - Solid Waste & Recycling Fund 25,702,930 25,702,930 25,702,930 - Gas Fund 45,257,380 45,258,040 45,258,040 - Airpark Fund 340,770 340,770 360,770 20,000 Marine Fund 5,119,120 5,119,120 5,119,120 - Clearwater Harbor Marina 854,430 854,430 866,930 12,500 Parking Fund 6,436,140 6,456,242 6,456,343 101 Internal Service Funds: Administrative Services Fund 13,254,460 13,254,670 13,254,670 - General Services Fund 6,162,380 6,162,380 6,162,380 - Garage Fund 18,916,190 18,916,190 18,916,190 - Central Insurance Fund 26,058,230 26,058,230 26,058,230 - Total, All Funds 438,661,234 443,534,472 446,247,761 2,713,288 38 Ordinance #9475-21 39 Ordinance #9476-21 ORDINANCE NO. 9476-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021, TO REFLECT A NET INCREASE OF $2,137,685 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2021 was adopted by Ordinance No. 9409-20; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 9409-20 is amended to read: Pursuant to the Mid-Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2020 and ending September 30, 2021, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid-Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk First Qtr.Mid Year Original Amended Amended Budget Budget Budget 2020/21 2020/21 2020/21 Amendments Police Protection 11,075,000 11,928,442 12,478,442 550,000 Fire Protection 1,996,380 2,021,313 2,021,313 - Major Street and Sidewalk Maintenance 4,596,470 7,623,236 18,897,133 11,273,897 Intersections 315,390 315,490 315,490 - Parking 834,000 834,000 834,000 - Miscellaneous Engineering 5,191,500 35,191,500 35,241,500 50,000 Park Development 7,665,100 8,109,789 8,109,789 Marine Facilities 1,460,000 1,665,125 1,677,625 12,500 Airpark Facilities 175,000 165,093 265,093 100,000 Libraries 135,000 (685,000) (685,000) - Garage 5,899,300 5,949,159 5,949,159 - Maintenance of Buildings 2,665,000 2,673,804 2,673,804 - Miscellaneous 2,105,000 2,105,000 2,105,000 - Stormwater Utility 6,063,090 6,063,090 809,999 (5,253,091) Gas System 8,800,000 8,875,424 8,800,609 (74,815) Solid Waste & Recycling 725,000 712,983 712,983 - Utilities Miscellaneous 100,000 (2,926,766) (2,926,766) - Sewer System 30,988,020 30,988,020 29,716,896 (1,271,124) Water System 9,754,600 9,754,600 6,504,919 (3,249,681) TOTAL PROJECT EXPENDITURES 100,543,850 131,364,302 133,501,987 2,137,685 GENERAL SOURCES: General Operating Revenue 7,767,920 8,059,573 8,059,573 - Penny for Pinellas 12,450,000 12,450,000 12,450,000 - Road Millage 3,344,710 3,344,710 3,344,710 - Local Option Gas Tax 1,427,150 1,427,150 1,427,150 - Grants 120,000 (56,466) 23,534 80,000 Other Governmental 456,020 605,853 2,605,853 2,000,000 Multi-Modal Impact Fee 140,000 140,000 140,000 - Special Program Fund 30,000 125,000 125,000 - Recreation Land Impact Fee - 190,286 190,286 - Open Space Impact Fee - 105,714 105,714 - Donations 50,000 5,000 5,000 - Other - 73,098 73,098 - EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2020/21 40 Ordinance # 9476-21 First Qtr.Mid Year Original Amended Amended Budget Budget Budget 2020/21 2020/21 2020/21 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2020/21 SELF SUPPORTING FUNDS: Parking Revenue 894,000 1,119,125 1,119,125 - Marine Revenue 690,000 690,000 690,000 - Clearwater Harbor Marina Revenue 150,000 150,000 162,500 12,500 Airpark Revenue 55,000 55,000 75,000 20,000 Water Revenue 4,980,000 4,980,000 4,980,000 - Sewer Revenue 22,733,500 22,733,500 22,733,500 - Utility R&R 10,575,600 10,575,600 10,575,600 Water Impact Fees 160,000 160,000 160,000 - Sewer Impact Fees 50,000 50,000 50,000 - Stormwater Utility Revenue 6,063,090 6,063,090 6,063,090 - Gas Revenue 8,800,000 8,888,618 8,913,803 25,185 Solid Waste Revenue 625,000 625,000 625,000 - Recycling Revenue 100,000 100,000 100,000 - INTERNAL SERVICE FUNDS: Garage Revenue 598,300 656,327 656,327 - Administrative Services Revenue 985,000 985,000 985,000 - General Services Revenue 75,000 75,000 75,000 - Central Insurance Revenue 152,460 152,460 152,460 - BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 195,100 (15,125) (15,125) - Interfund Loan - General Fund 11,000,000 11,000,000 11,000,000 - Bond Financing - 30,000,000 30,000,000 - BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Gas - (13,194) (13,194) - Lease Purchase - Solid Waste/Recycling - (12,017) (12,017) BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,201,000 5,201,000 5,201,000 - Lease Purchase - Administrative Services 675,000 675,000 675,000 - TOTAL ALL FUNDING SOURCES:100,543,850 131,364,302 133,501,987 2,137,685 41 Ordinance # 9476-21 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9229 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve purchase orders to Rock Solid of Florida, LLC of St. Petersburg, FL, NOVA Engineering & Environmental, LLC of Tampa, FL, and New Dimension Builders, LLC of St. Petersburg, FL for building inspections, reporting, and construction management services, in the total annual cumulative, not-to-exceed amount of $150,000.00 for a one-year term, with the option for three one-year renewal options at the City’s discretion, pursuant to Request for Proposals (RFP) 27-21 Building Inspections, Reporting, and Construction Management Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: On March 18, 2021, the City of Clearwater issued RFP #27-21, Building Inspections, Reporting, and Construction Management Services and seven responses were received. The evaluation committee carefully reviewed each submittal and scored according to the RFP evaluation criteria and overall responsiveness to the RFP requirements. Staff recommends contracting with Rock Solid of Florida, LLC (Rock Solid), NOVA Engineering & Environmental, LLC (NOVA) and New Dimension Builders, LLC (New Dimension) to maximize the value of Rock Solid’s affordable rates and proficiency with home inspections, New Dimension’s construction expertise and NOVA’s construction expertise and professional engineering services on an as needed basis. NOVA has worked on city Housing Division projects since 2014 and their high level of expertise and direct knowledge of the program is a significant resource for staff. Rock Solid has demonstrated expertise with home inspections at affordable rates on city funded projects since 2018. New Dimension has performed similar work for the City of Tampa’s home rehabilitation program. These services will be utilized for residential (single-family and multi-family) and commercial building inspections, and construction management services for housing and community development projects. These services are required for program compliance with the various housing and community development programs funded by state, federal and local programs including rehabilitation, down payment assistance and public facilities improvements. The services to be provided include performing feasibility inspections and cost estimates, preparing and reviewing construction bid documents, managing the construction process, organizing preconstruction conferences, on-going inspections for draws/payments and home inspections. The total, cumulative, not-to-exceed annual amount of $150,000.00 is subject to price escalation provisions in the RFP. Assignments will be distributed at the discretion of staff based on project type, area of expertise and volume of work. NOVA will primarily work on Public Facility projects; New Dimension will be primarily assigned Housing Rehabilitation projects and Rock Solid will be limited to home inspections required under the city’s Down Payment Assistance program. While Rock Solid will be limited to home inspections only, NOVA and New Page 1 City of Clearwater Printed on 5/28/2021 File Number: ID#21-9229 Dimension may be assigned any of the three project types as needed. APPROPRIATION CODE AND AMOUNT: Funds are available in the Community Development Block Grant program, HOME Investment Partnership program, the State Housing Initiatives Partnership program, and the Pinellas County Housing Trust Fund to fund these purchase orders. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 5/28/2021 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel v 11.2018 REQUEST FOR PROPOSALS #27-21 Building Inspections, Reporting and Construction Management Services March 18, 2021 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, April 9, 2021 to provide Building Inspections, Reporting, and Construction Management Services. Brief Description: The City of Clearwater’s Economic Development and Housing Department is seeking a vendor(s) to provide housing (single and multi-family) inspection services, commercial building inspections, inspection reports, and construction management services, to be performed for its housing programs. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel@myclearwater.com INSTRUCTIONS Building Inspections, Reporting & CM Services 2 RFP #27-21 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: April 9, 2021 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: Yes No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as INSTRUCTIONS Building Inspections, Reporting & CM Services 3 RFP #27-21 may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand-deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City’s Procurement Office as the official time. i.9 LOBBYING. The integrity of the procurement process is critical. Communication regarding this solicitation for purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is strongly discouraged. This does not prohibit public comment at any City Council meeting, study session or Council committee meeting. This shall not apply to vendor-initiated communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to pre-bid conferences, clarification of responses, presentations if provided in the solicitation, requests for Best and Final Proposals, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City’s final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather INSTRUCTIONS Building Inspections, Reporting & CM Services 4 RFP #27-21 than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the INSTRUCTIONS Building Inspections, Reporting & CM Services 5 RFP #27-21 proposer. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures Section 18 (“Purchasing Policy”). If there exists any discrepancy in this Section i.21 and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Manager no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within the earlier of ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Building Inspections, Reporting & CM Services 6 RFP #27-21 i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City’s sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (proposal format pages 21-22) Points Demonstrated Experience of Firm and Project Personnel (Tab 2) 30 Project Plan/Approach/Schedule (Tab 3) 30 References (Tab 4) 25 Cost of Services (Tab 5) 15 i.24 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. INSTRUCTIONS – EVALUATION Building Inspections, Reporting & CM Services 7 RFP #27-21 i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the proposer’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 03/18/2021 Advertise Tampa Bay Times: 03/24/2021 Responses due: 04/09/2021 Review proposals: 04/12/2021-04/23/2021 Presentations (if requested): Week of May 3, 2021 Award recommendation: Week of May 3, 2021 Council authorization: June 2021 Contract begins: June 2021 TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 8 RFP #27-21 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 9 RFP #27-21 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 10 RFP #27-21 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 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. TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 11 RFP #27-21 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 12 RFP #27-21 current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City’s Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 13 RFP #27-21 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 14 RFP #27-21 warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 15 RFP #27-21 judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. TERMS AND CONDITIONS Building Inspections, Reporting & CM Services 16 RFP #27-21 S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Building Inspections, Reporting & CM Services 17 RFP #27-21 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. 2. BACKGROUND. Federal, State and/or Pinellas County regulations require housing, acquired with funds from the HOME Investment Partnerships (HOME) Program, State Housing Initiatives Partnership (SHIP) Program, Community Development Block Grant (CDBG) Program, Pinellas County Housing Trust Fund, and Neighborhood Stabilization Program (NSP) 3, to meet all applicable State and local housing quality standards and code requirements. 3. OBJECTIVE. In accordance with the specifications, it is the intent of the City of Clearwater’s Economic Development and Housing Department to establish a contract with one (1) or more qualified vendors to provide housing (single and multi-family) inspection services, commercial building inspections, inspection reports, and construction management services, to be performed for its housing and community development programs on an as-needed basis. 4. SCOPE OF WORK. The awarded vendor(s) are expected to perform the following work as tasked by the City. Estimated annual requirements for each task element are indicated in Attachment A – Proposal Price Sheet. Home Rehabilitation Program • Complete inspection(s) and prepare reports using the Housing and Urban Development (HUD) Uniform Physical Condition Standards form (see Attachment B – HUD Uniform Physical Condition Standards Form) o Lead paint inspection pursuant to 2013 HOME Final Rule and HUD Lead Safe Housing Rule Section 24 CFR 35, Lead-Based Paint Poisoning Prevention in Certain Residential Structures (see Attachment C – Lead and Asbestos Details) o Asbestos inspection pursuant to National Emissions Standards for Hazardous Air Pollutants (NESHAPs) and the Asbestos Hazard Emergency Response Act (AHERA) (see Attachment C – Lead and Asbestos Details) o Prepare lead and/or asbestos clearance certifications when necessary • Coordinate with property owner(s) to prepare Scope of Work • Prepare detailed cost estimate write-up with photograph layout • Use Scope of Work write-up to create bid document for City authorized work • Facilitate bid process with property owner(s) o Utilize City-maintained contractor list o Assist with bids: review for accuracy and selection assistance o Make recommendation to City o Facilitate preconstruction meeting with property owner(s) and contractor • Perform draw inspections o Inspect completed work and document with photographs o Change orders may be included o Prepare, authorize and obtain property owner’s authorization on all pay requests from contractor o Draw inspections are typically done at 30%, 60%, 90% and 100% completion intervals; however, frequency may vary • Obtain all warranty information and Release of Liens from contractor • Verify that all building construction permits are obtained and that building and fire DETAILED SPECIFICATIONS Building Inspections, Reporting & CM Services 18 RFP #27-21 inspections are performed and passed, when applicable. Down Payment Assistance Program • Complete inspection(s) and prepare report using the HUD Uniform Physical Condition Standards Form (Attachment B- HUD Uniform Physical Condition Standards Form) • Perform minimum code inspection • Perform lead-based paint inspection – pre-1978 construction • Perform re-inspection if necessary • Prepare lead clearance certifications when necessary New Construction • Inspections to follow the City of Clearwater New Construction Draw Schedule (Attachment D- New Construction Draw Schedule) • Verify that all building construction permits are obtained and that building and fire inspections are performed and passed, when applicable. 5. MINIMUM QUALIFICATIONS. Companies responding to this Request for Proposals will explain their experience with inspections and construction management services in a written Qualifications statement. In addition to the Qualifications statement, a minimum of three (3) references, preferably from other public entities for which similar services have been provided within the prior (3) three years, are required. Construction management tasks will be fulfilled by experienced project manager(s). Lead and asbestos testing tasks will be conducted by licensed individuals. As applicable, appropriate licenses and/or certifications are required of subcontractors prior to any work being performed. Knowledge of City, County, and State building codes is required. 6. DELIVERY/PERFORMANCE. Tasks to be performed under this contract should be initiated within two (2) business days of request. 7. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the DETAILED SPECIFICATIONS Building Inspections, Reporting & CM Services 19 RFP #27-21 retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. d. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFP #27-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Building Inspections, Reporting & CM Services 20 RFP #27-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. June 2021 - June 2022 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Two (2) one (1) year renewals are possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. a. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. b. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. c. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for the each renewal term. d. No fuel surcharges will be accepted. RESPONSE ELEMENTS Building Inspections, Reporting & CM Services 21 RFP #27-21 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: a. The proposer’s understanding of the work to be performed. b. A positive commitment to perform the service within the time period specified. c. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 - Demonstrated Experience of the Firm and Project Personnel. Provide a statement of qualifications, abilities, experience and expertise in providing the requested services, including: a. Describe your organization's fiscal capacity to manage financial reporting, record keeping, accounting systems, policies and procedures, and audit requirements. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. c. A detailed response regarding the firm’s experience in conducting inspection, reporting and construction management services. Include the following items in your response i. Housing Rehabilitation ii. Emergency home repair iii. Exterior home improvements (i.e. paint, landscaping, etc.) iv. Handicap accessibility d. Describe the applicant’s knowledge and capability to administer a government- funded home rehabilitation program. Provide essential staff resumes, organizational charts, training, education, skill, and a listing of prior similar projects/program. TAB 3 – Project Plan/Approach/Schedule. Your response should include but not be limited to: a. Number of home-rehabilitation projects you process annually b. How quality assurance maintained c. How the scope of work will be developed d. How subcontractors will be managed e. What unique or innovative features are associated with your organization’s performance with this type of work. f. Describe how you manage a project such that the need for change orders is minimized? g. Describe your projected timeline. Include start date, milestones, benchmarks, and completion of a typical home-rehabilitation project. RESPONSE ELEMENTS Building Inspections, Reporting & CM Services 22 RFP #27-21 TAB 4 – References. Provide a minimum of (3) references, preferably from other public entities, for which similar services have been provided within the prior three (3) years. Include the name of entity, contact person’s names, phone numbers, e-mail addresses, mailing addresses, type of service provided, and dates these services were provided. TAB 5 - Cost of Services. The cost portion of the proposal shall include the following elements: Attachment A – Proposal Price Sheet completed and signed TAB 6 - Other Forms. The following forms should be completed and signed: a. Exceptions/Additional Materials/Addenda form b. Vendor Information form c. Vendor Certification of Proposal form d. Scrutinized Companies form(s) as required e. E-Verify Eligibility form as required f. Copies of applicable license(s) required g. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Building Inspections, Reporting & CM Services 23 RFP #27-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: VENDOR INFORMATION Building Inspections, Reporting & CM Services 24 RFP #27-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. VENDOR CERTIFICATION OF PROPOSAL Building Inspections, Reporting & CM Services 25 RFP #27-21 By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: SCRUTINIZED COMPANIES FORMS Building Inspections, Reporting & CM Services 26 RFP #27-21 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE SCRUTINIZED COMPANIES FORMS Building Inspections, Reporting & CM Services 27 RFP #27-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Building Inspections, Reporting & CM Services 28 RFP #27-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Building Inspections, Reporting & CM Services 29 RFP #27-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #27-21, Building Inspections, Reporting & CM Services Due Date: April 9, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #27-21, Building Inspections, Reporting & CM Services Due Date: April 9, 2021, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 -------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ PROFESSIONAL | PRACTICAL | PROVEN Proposal to Provide Building Inspections, Reporting and Construction Management Services RFP #27-21 CITY OF CLEARWATER April 9, 2021 City of Clearwater Building Inspections, Reporting and Construction Management Services RFP #27-21 Table of Contents SECTION 1 LETTER OF TRANSMITTAL 2 SECTION 2 EXPERIENCE OF THE FIRM AND PERSONNEL 3 SECTION 3 PROJECT PLAN/APPROACH/SCHEDULE 19 SECTION 4 REFERENCES 25 SECTION 5 COST OF SERVICES 26 SECTION 6 FORMS 27 1 PROFESSIONAL | PRACTICAL | PROVEN 4524 Oak Fair Boulevard, Suite 200, Tampa, Florida 33610 t. 813.623.3100 / f. 813.623.3545 / usanova.com April 9, 2021 City of Clearwater Lori Vogel, CPPB Procurement Manager 100 S Myrtle Ave Clearwater FL 33756-5520 Re: Proposal to Provide Building Inspections, Reporting and Construction Management Services RFP #27-21 NOVA Proposal Number 006-30211848 Dear Ms. Vogel, NOVA Engineering and Environmental, LLC (NOVA) appreciates the opportunity to submit our Qualifications to provide Building Inspections, Reporting and Construction Management Services to the City of Clearwater (City). We are confident that NOVA is the best choice to provide the services required for this project because: • Long-lasting Relationship with the City of Clearwater – Since 2010, our firm has successfully completed 290+ projects with the City. We are an incumbent on this very contract. NOVA has worked with not only the City of Clearwater, but the Clearwater Economic Development and Housing Department as well. We are familiar with and are well-versed in your protocols and preferences. We consider ourselves a true extension of your staff and look forward to continuing our relationship. • Experience of Proposed Team – Our proposed team for this project includes our top professionals in their respective area of expertise. Our project managers and senior consultants each have at least twenty (20) years of experience in engineering, geology, and/or project management. Not only are our professionals well established in their professions, but several of them are or have been guest lecturers at the college level. Further, NOVA has several years’ experience performing the requested scope of work for the City of Clearwater Housing Authority. • Proximity – NOVA has provided the desired consulting services in Florida since 1996. With our local Tampa branch office and experienced personnel, NOVA will be able to provide local responsive service, especially when needs arise on a short notice. • Corporate Resources – With over 450+ employees in the southeast, NOVA has ample staff and equipment to assist as required. We have reviewed the submittal requirements and addressed each requirement in our proposal. Our team is committed to performing the required services as described in the RFP, within the desired timeframe. If you have any questions, or if we may be of further assistance, please contact Bob Hughes at 813.623-3100 or bhughes@usanova.com. Sincerely, NOVA Engineering and Environmental, LLC (NOVA) Bob Hughes Larry Schmaltz, PE, GC Executive Vice President Senior Vice President Florida Environmental Services Manager 2 SECTION 2 - EXPERIENCE OF THE FIRM AND PERSONNEL Established in 1996, NOVA was founded to provide Environmental Consulting, Geotechnical Engineering, and Construction Materials Testing and Inspection services to the design and construction community. Currently, NOVA employs 450+ personnel in 18 offices serving clients throughout the southeastern United States and beyond. Our firm has professional and administrative support staff that includes registered professional engineers, registered professional geologists, HUD inspectors, environmental scientists, licensed asbestos consultants, certified general contractors, registered roof observers, LEED accredited professionals, soil/foundation engineers, laboratory specialists, materials technicians, ICC-certified inspectors, NICET-certified technicians, and AWS-certified welding inspectors. NOVA was recently named one of the Top 50 Design Firms in the Southeast and Top 500 Design Firms by Engineering News Record, as well as one of Atlanta’s Top 25 Engineering Firms by the Atlanta Business Chronicle. Provide a statement of qualifications, abilities, experience and expertise in providing the requested services, including: a. Describe your organization's fiscal capacity to manage financial reporting, record keeping, accounting systems, policies and procedures, and audit requirements. ANNUAL REVENUE NOVA’s annual revenues for the past five (5) years are provided in the following chart. YEAR ANNUAL REVENUE 2020 $60.00 Million 2019 $53.74 Million 2018 $46.80 Million 2017 $38.00 Million 2016 $37.15 Million Our firms’ accounting and finance department is staffed with a Vice President of Finance, Controller, Director of Finance, two accounting team members and two that handle collections. Our Vice President of Finance and Controller are both CPAs. We currently use Deltek Vision as our ERP cloud-based system. Deltek Vision is a leading project-based solution for professional services firms to manage their clients, projects and finances. Policies and procedures are provided to our external auditor and are considered effective in financial control. We are currently audited externally by Moore Coulson who in 2019 issued an unqualified opinion or clean audit report. The 2020 audit will soon be complete, and we expect another clean audit report. This information clearly demonstrates our financial ability to execute professional consulting services for our core client base, as well as build relationships with new clients which is really highlighted by the growth achieved in 2020 through a pandemic. 3 b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. NOVA has an extensive and varied project resume. Our proposed team has established an excellent reputation for having and maintaining expertise in HUD Uniform Physical Condition Standards (UPCS), Housing Quality Standards (HQS), SHIP and all aspects of Florida Building Code Compliant Inspection services. Our project history includes many housing authorities, cities, counties and other jurisdictions responsible for maintaining and administering HUD programs, including the City of Clearwater Housing Authority. Additionally, our inspection services cover a broad array of projects including retail centers, industrial/warehouse facilities, office buildings (low to high-rise), hotels, universities, K- 12 educational facilities, multi-family complexes, judicial facilities, roads, bridges, and healthcare facilities. c. A detailed response regarding the firm’s experience in conducting inspection, reporting and construction management services. Include the following items in your response: i. Housing Rehabilitation ii. Emergency home repair iii. Exterior home improvements (i.e. paint, landscaping, etc.) iv. Handicap accessibility As a result of multiple years of successful experience providing inspection services, NOVA inspectors and engineers have established an excellent reputation for maintaining in-depth knowledge of the latest codes and code developments. NOVA’s recent experience in projects similar in scope to this request include but are not limited to: CITY OF CLEARWATER ECONOMIC DEVELOPMENT & HOUSING Clearwater, Florida NOVA provided Project Management, HQS inspections, cost estimating, work write-ups, open houses (pre-bid meetings), quality assurance inspections, draw request verification and inspection services, mediation for arbitration (if needed), verification and project site interviews for prevailing hourly wage verification (Davis Bacon), and final documentation and reporting (collecting all warranty paperwork) for state and federally funded programs. These programs are located throughout the City of Clearwater, Florida. The programs have consisted of; HUD, SHIP, CDBG, Residential Rehabilitation Programs. In addition, NOVA provided the above listed services for Community Development programs involving community development, housing rehabilitation, neighborhood stabilization activities and capital improvement projects. Services Provided: Project Management: Onsite Meetings, Client Meetings, E-NOVA, Photo Document, Project Estimating, Davis Bacon, Arbitration Mediation, Work Write-Ups, Pre-Bid Meetings. Site Inspections: HQS, ADA, Mechanical, Plumbing, Electrical, Building, Architectural, and Quality Assurance. Dates of Services: 2010 – ongoing Reference Contact: Terry Malcom-Smith, City of Clearwater, 727.562.4031 4 PINELLAS COUNTY COMMUNITY DEVELOPMENT CONTRACT Pinellas County, Florida NOVA provided HQS inspections for state and federally funded programs throughout Pinellas County, Florida. The programs consisted of; HUD, SHIP, CDBG and Residential Rehabilitation Programs. NOVA has completed HUD livability inspections for over 100 single family residential homes within Pinellas County of the past five years. NOVA conducts these inspections under HUD guidelines; but, in addition, we provide ADA accessibility and code compliant inspections during each and every visit. Services Provided: Site inspections: HQS, ADA, Mechanical, Plumbing, Electrical, Building, Architectural, and Quality Assurance Inspections Dates of Services: 2008 - 2018 Reference Contact: Daphne Johnson-McCluster, Pinellas County, 727.464.8242, djohnson-mccluster@co.pinellas.fl.us PINELLAS COUNTY SCHOOLS - AHERA INSPECTIONS / IAQ / MOLD / RADON Pinellas County, Florida NOVA provided ongoing AHERA, IAQ, mold, and radon services to Pinellas County Schools. Work included mold inspections and sampling, indoor air quality monitoring (CO, CO2, RH Temperature) total volatile organic compounds (VOC’s), dust and particulates, moisture intrusion inspections, radon sampling and potable water sampling. Radon surveys involve soil gas testing and soil sampling for gamma analysis. For AHERA inspections NOVA takes reasonable steps to locate ACBM, including examining all concealed accessible areas (above drop ceilings, inside ventilation shafts, etc.), carefully reviewing building plans and using knowledge to determine if ACBM was used in areas that are inaccessible. Conducted tasks in order to fulfill the inspection and re- inspection requirements for the scope of work which is to complete AHERA 3-year inspections on 85 schools. Services Provided: Bulk sampling, laboratory analysis, facility surveys, project management, TEM and PCM sampling and analysis, reporting and project close out documents. Moisture and water intrusion assessment/moisture mapping; building envelope assessment, pollutant pathway investigation and modeling, radon measurement and mitigation, vibration assessment, boroscopic inspection, infrared thermography, abatement/migration final abatement report and project close out documents. Dates of Service: 2015 – ongoing Reference Contact: Pinellas County School District, Tim Caughey, CIH, 727.638.2119 5 SAINT JOHN’S COUNTY HOUSING & COMMUNITY SERVICES Saint John’s County, Florida NOVA provides HQS inspections, work write-ups, cost estimates, quality assurance inspections, draw request verification, and reporting for the State Housing Initiative Program (SHIP). This program is located throughout St. John’s County, Florida. Under SHIP, homeowners can receive assistance (low interest loan) to repair identified deficiencies on single family residences. NOVA provided SHIP livability inspections, utilizing HUD guidelines, on single family resident homes within St. John’s County. NOVA conducts these inspections under HUD guidelines; but, in addition, we provide ADA accessibility and code compliant inspections during each and every visit. Our team performed work write-ups, cost estimates, draw request verification and reporting. Services Provided: Site inspections: HQS, ADA, Mechanical, Plumbing, Electrical, Building, Architectural, and Quality Assurance Inspections Dates of Services: 2009 - 2011 Reference Contact: Julie Voorhees, Saint John’s County, 904.827.6896, jvoorhees@sjcfl.us FLAGLER COUNTY BOARD OF COMMISSIONERS FINANCIAL SERVICES OFFICE Bunnell, Florida NOVA provided HQS inspections for the State Housing Initiative Program (SHIP). This program is located throughout Flagler County, Florida. Under SHIP, homeowners can receive assistance (low interest loan) to repair identified deficiencies on single family residences. NOVA provided SHIP livability inspections, utilizing HUD guidelines, on single family resident homes within St. John’s County. NOVA conducts these inspections under HUD guidelines. In addition, we provided ADA accessibility and code compliant inspections during each and every visit. Flagler County has built several new low income homes as part of this program. During the construction of these homes, NOVA provided a minimum of three Quality Assurance inspections for verifying each contractor’s workmanship and constructability. In addition, NOVA was requested to provide draw request verification inspections to verify contractors had completed all work in which a payment request was submitted for. Services Provided: Project Management: Work Write-Ups; Site Inspections: HQS, ADA, Mechanical, Plumbing, Electrical, Building, Architectural, and Quality Assurance Inspections. Dates of Service: 2009 - 2011 Reference Contact: Valerie Bradley, Flagler County, 386.313.4037 6 ESCAMBIA COUNTY HMGP GRANT PROGRAM Escambia, Alabama NOVA provided asbestos surveys and lead-based paint sampling and assessments for properties subject to Escambia County’s HMGP Grant Program. Services Provided: Environmental Consulting, Asbestos and Lead Inspections/Assessments, and Lead Risk Assessments Dates of Service: 2017 Reference Contact: Keith Johnson, Wetland Science, Inc, 850.453.4700 d. Describe the applicant’s knowledge and capability to administer a government- funded home rehabilitation program. For over ten (10) years, NOVA has provided Project Management, HQS inspections, cost estimating, scope of work write-ups, open houses (pre-bid meetings), quality assurance inspections, code inspections, draw request verification and inspection services, mediation for arbitration (if needed), verification and project site interviews for prevailing hourly wage verification (Davis Bacon), and final documentation and reporting (collecting all warranty paperwork) for state and federally funded programs administered by the City of Clearwater. The programs have consisted of; HUD, SHIP, CDBG, Residential Rehabilitation Programs. In addition, NOVA provided the above listed services for Community Development programs involving community development, housing rehabilitation, neighborhood stabilization activities and capital improvement projects. 7 Provide essential staff resumes, organizational charts, training, education, skill and a listing of prior similar projects/program. NOVA’s senior technical staff assigned to the City of Clearwater includes seasoned residential and commercial inspectors with vast expertise to guide each project to successful completion. NOVA professionals are highly skilled and proficient in current codes, specifications and procedures for all HUD projects. All our professionals assigned to our current contract and this proposed contract have a minimum of 10 years inspection experience. Our inspectors routinely perform all mandatory inspection services to ensure structural and building systems are built in accordance with governing code. Unlike the typical home inspector, NOVA’s professionals are fully licensed as Professional Engineers, General Contractors, Building Inspectors, Threshold Inspectors, Asbestos Consultants, and Lead Inspectors & Risk Assessors. Detailed resumes can be found on the pages that follow. 8 ROBERT (BOB) HUGHES Principal/Executive Vice President PROFESSIONAL EXPERIENCE Mr. Hughes is responsible for P&L management, technical oversight, marketing and administration of NOVA’s central Florida operation. Mr. Hughes’ experience has bridged both the Construction and Environmental industries, having provided technical consulting (environmental, construction materials testing, geotechnical engineering, code inspections & plan review, and Threshold/Special Inspection services) on many large and technically challenging projects. Mr. Hughes has over 20 years’ experience in the application and management of contaminated soil & ground water remediation, municipal and industrial wastewater treatment, process heat and mass transfer optimization, and potable and process water treatment. Mr. Hughes also serves as a Regional Construction Qualifier & Manager for hazardous waste remediation, underground and aboveground storage tank system installations and removals as well as general construction services. His responsibilities include the preparation and implementation of assessment activities, remedial action plans; proposal offering, project set up and field coordination; detailed cost estimating; and special projects including remedial design and oversight of construction activities. REPRESENTATIVE PROJECT EXPERIENCE Municipal City of Clearwater, FL City of Winter Springs, FL City of Orlando, FL City of Port Richey, FL Town of Longboat Key, FL City of St. Pete Beach, FL Town of Lady Lake, FL Pasco County, FL City of Tampa, FL Hillsborough County, FL City of Altamonte Springs, FL City of Lakeland, FL Collier County, FL City of Deltona, FL Hillsborough Area Regional Transit Authority, FL Landfills Florida Landfill, Residential Development, Davie, FL Transportation County of Palm Beach, FL NW Hickory & N. Baldwin Ave LAP Sidewalk, DeSoto County, FL Hospitality Seminole Hard Rock Casino, Tampa, FL Kolter Hotel, St. Petersburg, FL Stadiums New Jersey Devils Stadium, Newark, NJ Aviation Miami International Airport, Miami, FL Orlando Airport Park, Orlando, FL Education: B.S. Physics, Pennsylvania State University, 1989 Certifications / Registrations: Registered Environmental Property Assessor Registered Florida Underground Utility Contractor Registered Florida Pollutant Storage Systems Specialty Contractor Nuclear Density Gauge Certification OSHA 29 CFR1910.120 HAZWOPER Supervisor Radiation Safety Officer Affiliations: American Society of Civil Engineers American Concrete Institute American Society of Highway Engineers National Registry of Environmental Professionals ASTM Committee Member 9 Robert (Bob) Hughes Executive Vice President REPRESENTATIVE PROJECT EXPERIENCE Retail Tire Kingdom, Apopka, FL Walmart Distribution Center, Davenport, FL Lowe’s, Tarpon Springs, FL Government Metro Dade Fire Department, Dade, FL Florida Department of Juvenile Justice, FL, Various Projects Hillsborough Juvenile Detention Center, Tampa, FL Highlands Youth Academy, Avon Park, FL Florida Department of Corrections, FL, Various Projects Residential SkyHouse, Orlando, FL SkyHouse Channelside, Tampa, FL Harbour Island Residential Tower, Tampa, FL Franklin Street CMT and Threshold, Tampa, FL Broadstone River House-Phase II & III, Jacksonville, FL Office Siemens Fast Logistics Center, Orlando, FL Education Polk State College, Lakeland, FL Valencia College, Orlando, FL St. Petersburg College, FL Florida Polytechnic University, Lakeland, FL St. Leo University, St. Leo, FL Polk State College, Lakeland, FL Lemon Bay High School, Englewood, FL Meadow Park Elementary School, Port Charlotte, FL Wildwood Middle High, Wildwood, FL Vince Thompson Elementary School, Ruskin, FL National Aviation Academy, Clearwater, FL 10 LARRY G. SCHMALTZ, PE, GC, FLAC Florida Environmental Services Manager PROFESSIONAL EXPERIENCE Larry Schmaltz has over thirty-six years’ experience in engineering and construction management with the past twenty-nine years devoted to the hazardous materials industry. During his career he has been responsible for well over $250 million of assessment, remediation and civil/environmental engineering projects for commercial, industrial and governmental clients. His experience includes project operations management, personnel management, development of site contamination assessments and remedial action plans, review of remediation plans and reports, review of geotechnical engineering reports, indoor air quality reports, and asbestos reports. He further regularly consults on regulatory compliance matters. REPRESENTATIVE PROJECT EXPERIENCE Government City of Clearwater, FL FL Department of Environmental Protection, FL City of Holly Hill, FL Bartow Airport Authority, FL City of Jacksonville, FL Bay County, FL Broward County, FL City of Calloway, FL City of Lynn Haven, FL City of Miami Gardens, FL City of Panama City, FL City of Panama City Beach, FL Escambia County, FL Industrial Anchor Glass; Jacksonville, FL; Warner Robbins, GA Northside Landfill; Ocala, FL Southside Landfill; Ocala, FL Southside MRF; Ocala, FL Pasco Beverage; Dade City, FL Leeds & Northrup; Clearwater, FL Sonoco Products, Clearwater, FL GE Aerospace General Dynamics Financial SunTrust Bank Wells Fargo US AmeriBank Fifth Third Bank BB&T AIG ACE Insurance Cigna Real Estate Investments HSBC Development/Property Management WIN Development; Various, FL Imperium Companies; Various, USA Paradise Ventures; Various, FL RMC Properties; Various, FL Encore Development; Various, FL/GA Continental Real Estate Companies; Various, FL The Hutton Company; Various, USA KIMCO Realty; Various, FL Pulte Homes; Various, FL Education: BS Civil Engineering; South Dakota School of Mines & Technology, 1979 Graduate Studies – Remediation Engineering; Wright State University Certifications / Registrations: Professional Engineer: Florida, Georgia, Alabama, Mississippi, South Dakota, North Dakota, North Carolina General Contractor: Florida Asbestos Consultant: Florida Selected Publications: *CERCLA Status & Contractor’s Liability *Risk-Based Corrective Actions *The Future of Site Remediation *Chinese Drywall – An Introduction *Regulatory Database Searches Do Not Tell Full Story *Environmental Forensics (published by Illinois Bar) *Oil Pipeline Spills – Emergency Response and Remediation *Tank System Upgrades and What it Means to Your Business 11 Larry G. Schmaltz, PE, GC Florida Environmental Services Manager REPRESENTATIVE PROJECT EXPERIENCE Retail Verizon; Various, FL Walgreens; Various, USA Bic Pen Sprint Bealls Room to Go Aviation Stapleton International Airport; Denver, Colorado Ellsworth Air Force Base South Dakota Bartow Airport Bartow, Florida Sports Facilities Tampa Bay Buccaneers; Tampa, FL New York Yankees; Tampa, FL Pittsburgh Pirates; Sarasota, FL Affiliations: American Society of Civil Engineers (ASCE) National Association of Environmental Professionals Tampa Bay Association of Environmental Professionals American Society for Testing & Materials (ASTM) – Voting Member for D18.2100 Committee – Groundwater and Vadose Zone Investigations Voting Member for E50 Committee – Environmental Assessment, Risk Management and Corrective Action International Council of Shopping Centers (ICSC) Commercial Real Estate Development Association Board of Trustees; South Dakota School of Mines & Technology Foundation Chairman, Professional Advisory Board; Civil/Environmental Engineering Department; South Dakota School of Mines & Technology Peer Review Team; DNAPL Work Group; ITRC Advisory Board; Bursik-Monroe Receivers, Distressed Property Acquisitions & Receivership Wall Street Journal Research Panel 12 Larry G. Schmaltz, PE, GC Florida Environmental Services Manager Representative Project Profiles: Manatee Towne Centre: This is a shopping center that had a dry cleaning facility. Ground water contamination consisted of tetrachloroethylene and its daughter products. Mr. Schmaltz took the project over from another consultant for Wells Fargo when the existing remediation system was showing stagnated results for groundwater contamination concentration reduction. Mr. Schmaltz prepared a Remedial Action Plan Modification to upgrade the existing dual-phase vacuum extraction system, and to inject a chemical oxidation formula under the building to act as a soil surfactant to facilitate the release of the soil mass for recovery from the system, and to chemically oxygenate the groundwater contaminant mass. After an additional six months of remediation and one year of monitoring, the subject site and the adjacent site were closed using Risk Management Option (RMO) III pursuant to Chapter 62-780 of the Florida Administrative Code (FAC). China Boy Cleaners: The China Boy Cleaners was part of Disston Plaza in St. Petersburg, Florida. During a re-financing event the property owner discovered contamination from the former dry cleaning facility. Mr. Schmaltz designed a Site Assessment to determine the horizontal and vertical extent of the dry cleaning chemicals. Upon completion of the site assessment activities and acceptance by the Florida Department of Environmental Protection (FDEP), four quarters of monitoring was performed. At the end of the requisite monitoring period, Mr. Schmaltz drafted the site closure application using RMO II pursuant to Chapter 62-780 FAC, restricting the groundwater use beneath the subject site. He further assisted with the drafting of the restrictive covenants. The site subsequently received a No Further Action from the FDEP. Oakland Park Walgreens: The Walgreens store located in Oakland Park, Florida had formerly been a gasoline station. Walgreens purchased the property knowing that contamination existed. Although the subject site was in a state of Florida cleanup program, Walgreens volunteered to bring the site to closure. Soil contamination existed along the property boundary of the Walgreens store. Mr. Schmaltz prepared a Limited Remedial Action Plan for surficial soil excavation. Following the soil excavation, Mr. Schmaltz performed a 95% Upper Confidence Limit (UCL) statistical calculation for the remaining contamination concentrations in the soils. Based on the 95% UCL calculations, the apportioned average soil concentrations were below the allowable commercial standards. Mr. Schmaltz drafted the restrictive covenants and performed the ownership and encumbrance review that allowed the closure using RMO II pursuant to Chapter 62-780 FAC. Jasmine Plaza: The shopping center formerly included a dry-cleaning establishment. Mr. Schmaltz performed a site contamination assessment, initial remedial action involving soil excavation at the source area, and open-excavation application of a chemical oxidant. Further site investigation entailed to fully delineate the contaminant plume and perform the requisite monitoring period. Following the monitoring period, Mr. Schmaltz assisted with the preparation of restrictive covenants and development of an off-site point of compliance for a risk-based closure using RMO III pursuant to Chapter 62-780 FAC. Former Frisch Big Boy: This restaurant property was formerly used as a fuel depot. Upon the restaurant’s proposed sale, the former use was discovered and a Phase II ESA revealed significant petroleum contamination. Mr. Schmaltz performed the site assessment and prepared a Remedial Action Plan (RAP). The RAP proposed dual-phase vacuum extraction due to the multi-phase contaminant mass and an underlying clay lens where the bulk of the adsorbed mass was anticipated to be residing. After operation of the remediation system, the contaminant concentrations leveled out at a point above the natural attenuation default concentrations (NADC), which was concentration level selected for site-specific cleanup target levels. Mr. Schmaltz design a remedial action plan modification to include an injection of surfactant and oxidizing agent into the recovered groundwater for reinjection back into the contaminant zone. Within six months of operation using the modified system, the site reached the site-specific cleanup goals and the system was shut down in favor of post-remediation monitoring. Following the requisite monitoring period, Mr. Schmaltz worked with the client’s legal counsel to draft the restrictive covenants and the site was closed with a Conditional No Further Action. This site was one of the first petroleum sites to be closed using Risk Based Corrective Action. 13 Larry G. Schmaltz, PE, GC Florida Environmental Services Manager Anchor Glass: The Anchor Glass Plant #7 has been producing glass bottles since the 1920’s. Mr. Schmaltz has been involved with this site for many years assessing numerous contaminants and contamination areas. Mr. Schmaltz has developed a closure plan breaking the site into multiple exposure units for separate closure options utilizing Risk Based Corrective Action closure methods. Soil direct exposure is being limited by the use of pervious concrete (pervious used in order to maintain the requisite permeable surface per the storm water permit). 95% UCL calculations were used to determine the weighted average soil concentrations on a site-wide basis, and groundwater statistical trend analysis was utilized to show stable or decreasing ground water concentrations site wide and establish site-specific cleanup target levels allowing a deed restricted closure for the ground water contamination. Willow Bend: This proposed residential community revealed arsenic contamination in the top 2 feet of soil across the site, with concentrations above the residential soil cleanup target levels (SCTLs). The initial consultant estimated a cleanup cost of over $1,000,000. Mr. Schmaltz was brought in by the property developer to see if alternative methods were available to drive the cost down. Mr. Schmaltz worked closely with the FDEP to formulate a plan to remove soil where the arsenic levels exceeded 3x the residential SCTLs (thus not allowed for apportionment) and relocate that soil to an area where it will be covered with parking lot or office building. This exposure unit was closed with deed restrictions and engineering controls. The remainder of the site was broken into ¼ acre exposure units (per Chapter 62-780 FAC) and the arsenic concentrations were apportioned using the 95% UCL Calculator. The calculations allowed the remaining site-wide soils to remain as is due to the apportioned average concentrations. The methods used saved the project over $900,000. Walgreens Assessments: Acted as lead project manager for environmental site assessments for 50+ store portfolio for SunTrust Bank. Phase I ESAs for existing Walgreens stores throughout the U.S. Performed risk assessments for stores with Recognized Environmental Conditions to meet SunTrust’s risk tolerance level. Heritage Bank: Provided design-build services for methane recovery system. Bank was constructed atop an old city of Tampa unpermitted landfill. Provided pre-construction design of methane monitoring system and provided post- construction monitoring. Eventual methane concentrations required installation of a methane recovery system. Designed the methane recovery system, acquired construction, electrical and plumbing permits, installed piping and electrical systems, and constructed hurricane-proof equipment building. RaceTrac Store Assessments: Acted as lead project manager for environmental site assessments for 10 store portfolio for SunTrust Bank. Phase I ESAs for existing RaceTrac convenience stores throughout the U.S. Performed risk assessments for stores with Recognized Environmental Conditions to meet SunTrust’s risk tolerance level. Stapleton International Airport: Prior to the construction of Denver International Airport, Stapleton International Airport embarked on a multi-year hazardous materials remediation project. Mr. Schmaltz was the project/construction manager for all hazardous materials abatement and remediation, including asbestos abatement, PCB removal and remediation, underground and above ground fuel storage tank removal and replacement and petroleum contamination. Ellsworth Air Force Base, South Dakota: Mr. Schmaltz was the air base’s engineering and construction manager for the construction, re-construction and retrofitting of the base’s facilities and runway to accommodate the B-1 Bomber. Bartow Airport: Mr. Schmaltz provided engineering design, specifications preparation, and construction management for the removal and disposal of a 435,000 gallon above ground fuel storage tank. Additionally, he has provided contamination assessment of subsurface petroleum contamination as well as preparation of the remedial action plan, and site soil and groundwater remediation. Mr. Schmaltz, under several contracts, has provided asbestos inspections and surveys for many of the airport facility’s buildings and structures. 14 MARK BOTTORFF Safety, Health & Environmental Professional PROFESSIONAL EXPERIENCE Accomplished professional with over 18 years of experience in the Inspection and Safety Field of Environmental Services. Mr. Bottorff has extensive experience in Asbestos and Lead projects. His experience includes Asbestos project oversight, Asbestos building inspections, Lead project oversight, demolition project oversight and safety investigations. Clients include Developers, Schools, Landfills, Municipalities, Utility Plants and Industrial clients, as well as federal, state, and local government contracts. REPRESENTATIVE PROJECT EXPERIENCE Government City of Clearwater, FL CTI-ACM Monitoring - Naval Air Station, Milton, FL Ayres - Anna Maria Pier, Anna Maria, FL Hardee County - 4 Residence LBP Survey, Wauchula, FL Bay County Jail - Mold Assessment, Panama City, FL Escambia County, AL Courthouse ENV, Brewton, AL Bay County Sheriff's Office, Panama City, FL Fish and Wildlife Research Institute - B, St. Petersburg, FL Group 1 Houses - ACM & LBP Surveys, Cantonment, FL Turnpike Bridges, unknown, FL Cross Construction Exposure Monitoring, Tallahassee, FL Multi Family/ Mixed Use Nelson - Wood ACQ Testing, Palm Harbor, FL Belleair - Lamplighter MHP (35 units) &, St. Petersburg, FL City of Clearwater 1576 S. Prospect Ave, Clearwater, FL City of Clearwater 1317 N. Sandy Lane, Clearwater, FL City of Clearwater 1904 Highland Avenue, Clearwater, FL City of Clearwater 2404 Shelley Street, Clearwater, FL City of Clearwater 2071 Madrid Court N, Clearwater, FL City of Clearwater 1309 Roosevelt Avenue, Clearwater, FL City of Clearwater 1341 S. Betty Lane, Clearwater, FL City of Clearwater Gen. OH Feasability, FL City of Clearwater - 1820 Lombardy Drive, FL City of Clearwater - 1348 Terrace Road, Clearwater, FL City of Clearwater - 1112 Cardova Lane, Clearwater, FL City of Clearwater - 1429 Forest Road, Clearwater, FL City of Clearwater - 1522 Murray Avenue, Clearwater, FL City of Clearwater - 1 Hampton Road, Clearwater, FL City of Clearwater - 1008 Hart Street, Clearwater, FL City of Clearwater - 1412 Nelson Avenue, Clearwater, FL City of Clearwater - 1308 Terrace Road, Clearwater, FL City of Clearwater - 661 Fairwood Forest, Clearwater, FL Education: BS in Biological Sciences Western Michigan University Kalamazoo, MI 1999 Certifications / Registrations: Certified Professional Inspector - Inspector #15101203 Asbestos Building Inspector (AHERA) NIOSH 582 Asbestos Sampling and Fiber Counting EPA Lead Inspector OSHA 40 hour HAZWOPER OSHA 30 hour Construction Safety OSHA Confined Space Groups: InterNachi 2015-present 15 Mark Bottorff Safety, Health & Environmental Professional City of Clearwater - 1007 Magnolia Drive, Clearwater, FL City of Clearwater - 1559 Magnolia Drive, Clearwater, FL City of Clearwater - 1500 Bonair Street, Clearwater, FL City of Clearwater - 1523 S Fredrica Ave, Clearwater, FL City of Clearwater - 212 S Aurora Ave, Clearwater, FL City of Clearwater - 707 Vine Avenue, Clearwater, FL City of Clearwater - 1664 Cleveland, Clearwater, FL City of Clearwater - 1248 Bellevue Blve, Clearwater, FL City of Clearwater - 1391 Boylan Avenue, Clearwater, FL City of Clearwater - 1280 Eldridge St, Clearwater, FL City of Clearwater - 1652 Grove St, Clearwater, FL City of Clearwater - 1484 Southridge Dr, Clearwater, FL City of Clearwater - 1784 Harbor Drive, Clearwater, FL City of Clearwater - 1357 Springdale St, Clearwater, FL City of Clearwater - 1341 Parkwood St., Clearwater, FL City of Clearwater - 1460 Pine Street, Clearwater, FL City of Clearwater - 155 Elizabeth Ave, Clearwater, FL City of Clearwater - 1540 Elmwood St., Clearwater, FL City of Clearwater - 603 Vine Ave., Clearwater, FL City of Clearwater - 1571 Logan St., Clearwater, FL City of Clearwater - 1523 Evergreen Ave, Clearwater, FL City of Clearwater - 1353 Parkwood St., Clearwater, FL City of Clearwater - 1583 Tioga Ave., Clearwater, FL City of Clearwater - 1309 N. Saturn Ave., Clearwater, FL City of Clearwater - 607d Keene Road, Clearwater, FL City of Clearwater - 645c Keene Road, Clearwater, FL City of Clearwater - 605b Keene Road, Clearwater, FL City of Clearwater - 633a Keene Road, Clearwater, FL City of Clearwater - 631a Keene Road, Clearwater, FL City of Clearwater - 843b Keene Road, Clearwater, FL City of Clearwater - 1486 Carolyn Lane, Clearwater, FL City of Clearwater - 2258 Morningside Dr, Clearwater, FL City of Clearwater - 1439 Wilson Road, Clearwater, FL City of Clearwater - 1508 Kings Highway, Clearwater, FL City of Clearwater - 1129 Carlton Street, Clearwater, FL Clearwater Contractor Verification, Clearwater, FL Clearwater HUD - 2048 Sunset Grove, Clearwater, FL Clearwater HUD-1799 N Highland Ave #151, Clearwater, FL Clearwater HUD - 1353 S. Michigan Ave., Clearwater, FL Clearwater HUD - 1366 Pine Brook Drive, Clearwater, FL Clearwater HUD - 1422 Joel Lane, Clearwater, FL Clearwater HUD - 1550 Belcher Road, #125, Clearwater, FL Largo HUD Inspections - 1880 Pine St., Largo, FL Largo HUD Inspections - 2845 Webley Dr., Largo, FL Largo HUD Inspections - 131 Melody Lane, Largo, FL Largo HUD - 200 Country Club Dr. #205, Largo, FL 16 BARRY LAFON, SI Standard Inspector PROFESSIONAL EXPERIENCE Mr. Lafon has over 30 years of engineering/construction inspection related experience with increasing responsibilities as an engineer’s aide and engineering technician. He is qualified to oversee and perform a wide range of field and laboratory evaluations, inspections, and tests related to geotechnical engineering, environmental engineering, and construction materials testing. Mr. Lafon has specialized expertise and skills in the following areas: monitoring placement of reinforcing steel and post -tensioning systems, monitoring of tendon stressing operations and measuring and documenting tendon elongations; review of reinforcing steel and post-tensioning shop drawings for conformance with structural and other contract drawings; independent monitoring of fill placement and grading operations on structural or otherwise critical fills, evaluations of undercutting, monitoring grading operations, providing recommendations regarding substandard and complex work; performing a range of laboratory construction materials tests and soil physical property tests; performing administrative functions and direction and supervision of technicians on major projects or in the laboratory; monitoring concrete and asphalt placements from batch plant to placement. Certifications / Registrations: Standard Inspector, State of Florida, BN4947 Affiliations: Member - Building Official Association of Florida (BOAF) Member - Technical Advisory Committees for the Florida Building Commission, (Energy Code, Roofing Sub Committee) Member - Nature Coast Chapter of BOAF - Education Director Member Southern Building Code Congress Int'l Ad Hoc Roofing Committee Former President - Florida Association of Plumbing, Gas, and Mechanical Inspectors REPRESENTATIVE PROJECT EXPERIENCE Municipal/Government City of Clearwater, FL City of Clermont, FL City of Dunnellon, FL City of Naples, FL City of Umatilla, FL Florida Department of Agriculture Florida Forest Service Tampa Bay Reservoir, Lithia, FL Federal Court House, Tampa, FL Pinellas Co. Jail, Largo, FL Norfolk Naval Station Training Facility, Norfolk, VA Roanoke Airport, Roanoke, VA Army Training Facility, Fort Bragg, NC Bolling Green Air Force Base Officers Club, Washington D.C Aberdeen Proving Grounds Facility, Aberdeen, MD Naval Training Facility, Wallops Islands, VA Radford Army Arsenal Facility, Radford, VA Hillsborough County Building Services, Hillsborough Co., FL Pinellas County Board of County Commissioners, Pinellas Co., FL Commercial Arizona Cardinal Stadium, Phoenix, AZ Marriott Channelside, Tampa, FL Marriott Residence Inn, Tampa, FL Central Bank of Tampa, Tampa, FL University Community Hospital, Tampa, FL Blue Cross Building, Roanoke, VA HYDONG Steel/KIA Motors, South Korea Hampton Lakes Medical Office Building, Tampa, FL Seminole Hard Rock & Casino, Tampa, FL Suncoast Mall, Land O’ Lakes, FL University Self Storage, Sarasota, FL West Pointe Business Center #8, Charlotte, NC LPL Financial, Fort Mill, SC Hendrick Concord Collision Center, Charlotte, NC 17 Barry Lafon, SI Standard Inspector REPRESENTATIVE PROJECT EXPERIENCE Condominium/Residential Broadway Promenade, Tampa, FL Bay Club, Tampa, FL Bay Pointe, Tampa, FL Paradiso, Tampa, FL White Sands, Clearwater, FL The Element Condos, Tampa, FL Clearwater Centre, Clearwater, FL Cypress Creek Apartments, Lutz, FL SkyHouse Charlotte, Charlotte, NC 300 South Tryon, Charlotte, NC Education Florida State University, New College, Sarasota, FL Blackburn Elementary School, Bradenton, FL Orange County School, Orlando, FL Virginia Tech Veterinary Building, Blacksburg, VA University of Virginia, Charlottesville, VA William & Mary University Dormitories, Fairfax, VA Palmetto High School, Palmetto, FL Largo High School, Largo, FL Polk State College, Winter Haven, FL 18 3 SECTION 3 - PROJECT PLAN/APPROACH/SCHEDULE a.Number of home-rehabilitation projects you process annually. Currently, NOVA is working for several cities and housing authorities providing municipal support services or HUD inspections on a full time or as-needed basis. NOVA has experience with over 40 Florida jurisdictions as well as top name residential builders such as Lennar, Beazer Homes and Pulte Homes. NOVA processes over 100 home- rehabilitation projects annually. b. How quality assurance maintained. ESTABLISHED QUALITY SYSTEMS NOVA has a long established written Technical Operations and Quality System Manual (TOQSM) that has the full support and commitment of our employees, which ensures success of every project we undertake. Our programs are directly work related and are based on realistic and practical work needs. Our TOQSM is a critical component to our AASHTO and CCRL accreditations held by each of our Florida offices. The TOQSM is reviewed and updated on an annual basis by NOVA’s Principals to stay current with ever changing requirements, and the TOQSM is also reviewed by independent outside agencies such as AMRL and CCRL on a periodic basis. Our TOQSM is a comprehensive guide to providing quality testing and inspection services. Some of the items addressed in our TOQSM include: •Staff Training and Qualification •Quality Planning and Internal Audits •Equipment Maintenance and Calibration •Test Methods and Procedures •Sampling and Transportation of Test Specimen •Reporting and Records Retention NOVA also has a Senior Technical Professional (STP) program. Individuals who possess at least 10 years’ experience in their area of expertise are allowed to apply for STP status within NOVA. The application process is very rigorous and requires submittal of sample projects, credentials, licenses, etc. to the NOVA Technical Board. The board reviews the applications and schedules an in-person interview that typically last about 2 hours. If the individual is approved STP status is given. All of NOVA’s projects and proposals must have a final review by a Senior Technical Professional in order to maintain quality assurance. c.How the scope of work will be developed. PROJECT APPROACH Understanding Local Housing Quality Standards HUD Uniform Physical Condition Standards (UPCS) are the HUD minimum quality standards for tenant-based programs. UPCS standards apply to the building and premises, as well as the unit. The Housing Authority is required by HUD regulations to inspect the unit to ensure that it is “safe, decent and sanitary.” Home Inspection request/ Scheduling of Inspections NOVA understands that when they receive a request to provide a home inspection, time and detail is the highest priority. NOVA provides NEXT DAY inspection services and goes above and beyond the traditional request. On each and every inspection, NOVA will conduct a HUD livability inspection, identify “noticeable” violations as well as verify the original items that were requested (if available). In addition, NOVA will detail each finding in a report along with photo documentation. 19 Inspection Report After NOVA completes the inspection request and HUD livability inspection, we create a report itemizing our findings and deliver to the City of Clearwater’s designated personnel. After the City’s personnel review the findings, upon approval, we will provide a detailed cost estimate (if requested) addressing each issue as well as product recommendations. NOVA understands that the City of Clearwater is sensitive to longevity and cost. Nova will recommend industry standard products that provide some of the best available warranties while always considering the cost! General Checklist Listed below is a general checklist of some but not all of the UPCS requirements/components which will be address during our inspection and re-inspection efforts. UTILITIES • All utilities must be in service at the time of inspection • Utilities must be legally connected • Adequate water pressure must be provided to all faucets, sinks, tubs, showers, toilets and other sources of end termination. BUILDING EXTERIOR • Roof, gutter, fascia and foundation walls are all in good working order and weather tight. • Walls are free of peeling paint. • Units without central air must have screen. • Stairs with four or more steps have handrails in accordance with the building code. • Exterior doors have locks designed for exterior use and of sufficient quality to support the weight of the door. • If the building is designed to have gutters, they should be clear of debris PORCHES AND DECKS • Porches, decks, stairs and steps must be structurally sound and meet code requirements. SYSTEMS • Water heater is properly installed and operating. • Water heater is equipped with a correct temperature-pressure relief valve according to the manufacturer’s specifications and those specifications are posted near the heater so the inspector can verify them. A discharge pipe is installed on the valve within six (6) inches of the ground. • Plumbing is properly installed, leak-free and vented in accordance with building codes. • Heating system is properly installed and operational. • Apartment buildings have properly marked fire exits that meet building codes. • No exposed wires or open electrical panels. • There must be an electrical outlet every twelve (12) feet throughout the dwelling. • Pilot lights on gas stoves are in proper working order. 20 DWELLING UNIT •Walls are clean, painted and free from holes, peeling, chipping or loose paint. •Unit is free of any trash or debris. •All appliances (e.g., stove, refrigerator) are clean, operable and in place at the time of inspection •A bedroom must have a floor area of not less than seventy (70) square feet. •Bedrooms in basements or attics are not allowed unless they meet local code requirements and must have adequate ventilation and emergency exit capability. •The minimum required bedroom ceiling height is 7’0”. Sloping ceilings may not slope lower than five feet in the 70 square foot area. •Each bedroom has an area of at least seven (7) feet by ten (10) feet. •Each bedroom has at least two electrical outlets or one electrical outlet and an overhead light. •Each bedroom has at least one window that is designed to open far enough to allow a person to exit and the window must operate properly. •If the unit has two (2) or more bedrooms, the floor plan permits access to the bathrooms and commonly used rooms without passage through a bedroom. •Electrical outlets, switches, and light fixtures meet building codes. •Bathroom doors have functioning locks. •Interior bedroom and bathroom doors are installed throughout the unit. •Smoke alarms are installed on each level of the unit near the bedrooms and are operational. •Carpet and rugs are clean and free of tears/trip hazards. •Ceilings are free from large cracks or holes, severe bulging and loose or falling surface material. •Security bars, if provided, are a properly installed breakaway type. •Window and doors are operable and are not blocked, nailed shut or in condition that would prevent exit. •Unit is free of mold and mildew. •No propane, natural or methane gas odor is detectable. •No sewer odor is detectable. •No evidence of insect or vermin presence. WALLS •In areas where plaster or drywall is sagging, severely cracked or otherwise damaged, it must be repaired or replaced. •Any exterior or interior surfaces with defective paint must be prepped, primed & sealed with a minimum of two coats of unleaded paint or other suitable material in accordance with 24 CFR, part 35. •All walls in a tub or shower area must be covered with ceramic tile or other material that is impervious to water to prevent water damage and eventual deterioration. WINDOWS •All window sashes must be in good condition, solid and intact, have proper locks and fit properly in the window frame. Damaged or deteriorated sashes must be replaced. •All operable windows must have a properly fitting half or full-size removable screen in good condition. •Windows must be weather-tight to prevent air, water and insect infiltration. •Windows designed to be opened must be operable, must stay in open position when raised without props. •If the unit does not have central air conditioning, all windows must have a proper fitting screen in good condition. •If window security bars (burglar bars) or security screens are present, they must meet the city code requirement for a quick release system. 21 DOORS • All exterior doors must be weather-tight to avoid any air or water infiltration, have no holes, have all trim intact and have a threshold. • All interior doors must have no holes, be lockable and operable from the inside without the use of a key. FLOORS • All wood floors must be sanded to a smooth surface and sealed. Any loose or warped boards must be re- secured and made level. If they cannot be leveled, they must be replaced. • All floors must be in a finished state (no Plywood). ELECTRICAL • All electrical wiring terminals must be secured properly and be enclosed in approved and contained terminal locations such as the service panel, outlets with covers or other approved junction boxes. • Bare wires or wire connections not enclosed in approved boxes or otherwise in an approved manner will be “failed”. SINKS, TOILETS AND TUBS • All sinks and commode water lines must have shut off valves, unless faucets are wall mounted. • All worn or cracked toilet seats and tank lids must be replaced and toilet tank lid must fit properly. • All sinks and tubs must have functioning stoppers. MODIFICATIONS • Modifications or adaptations to a unit due to a disability must meet all applicable UPCS and building codes. LEAD PAINT • All chewable protruding paint surfaces up five feet from the floor of the ground, which are readily accessible to children under the age of seven. • We have assumed that any survey work for lead will be conducted separately, but we will note any materials observed that may be lead containing. 22 d. How subcontractors will be managed. NOVA will be self-performing all professional tasks associated with this contract. The only subcontract utilized by NOVA will be the use of a NVLAP-Accredited Asbestos Laboratory. e. What unique or innovative features are associated with your organization’s performance with this type of work. NOVA has more than 24 years of experience providing industry leadership in building inspection and environmental services. As stated in our cover letter, our firm has a long-standing relationship with the City. Since 2010, our firm has successfully completed 290+ projects with Clearwater. We are an incumbent on this very contract. NOVA has worked with not only the City of Clearwater but the Clearwater Economic Development and Housing Department as well. We are familiar with and are well-versed in your protocols and preferences. We consider ourselves a true extension of your staff and look forward to continuing our relationship. f. Describe how you manage a project such that the need for change orders is minimized? NOVA’s strategy for performing integrated services within the City is quite simple. We become a vital part of the process by maintaining constant and direct communication with the City’s staff that is either influencing or being influenced by our services. The reason we call it simple is because it is based on common sense. If everyone involved with a project is aware of what is happening; things run smoother. Effective communication eliminates 90% of potential problems before they arise. With NOVA’s long-term experience with the existing contract, we know what the expect with each project and have refined any issues that would typically cause change orders. 23 g. Describe your projected timeline. Include start date, milestones, benchmarks, and completion of a typical home-rehabilitation project. Typical City Rehabilitation Project Timeline – assuming City has given notification to continue following Feasibility Report and Work Scope and no Re-Bidding after initial Bid: • Notification from City for new Feasibility Study (NFS) • Schedule feasibility inspection, asbestos inspection, LBP inspection with homeowner (1-2 days from NFS) • Perform feasibility inspection, asbestos inspection, LBP inspection and ship samples to laboratory (1-5 days from NFS, depending on Nova and homeowner availability) • Receive lab results (3-8 days from inspection, depending on Lab) • Draft feasibility report (1-2 days following lab results in the case that there are additional items to add) • Draft work scope (same day as feasibility report) • Draft asbestos report (same day as feasibility report) • Draft LBP Report (same day as feasibility report) • Meet with homeowner to go over work scope and schedule contractor walk through (7-14 days from NFS) • Revise work scope as needed, draft invitation to bid documents and contractor bid documents (same day – 2 days from meeting with homeowner) • Pre-Bid Walkthrough with Contractors (5-7 days after meeting with homeowner) • Receive Bids and review (7 days from Pre-Bid Walkthrough) • Verification of qualified contractors through SAM, Pinellas County, Florida (same day as Bid Opening) • Present qualified bids to homeowner for Contractor Selection (same day as bid opening – 5 days from contractor verification [depending on homeowner availability]) • Notify City and Contractor of winning bid (same day as Contractor Selection). • The City schedules the signing of the contract documents (XX days from winning bid notification) • Grace period for Contractor and Homeowner to opt out • Schedule Pre-Construction meeting with Contractor and Homeowner (day of end of grace period) • Pre-Construction meeting (~45-60 days from NFS depending on Contract Signing) • Construction begins (once all permits are pulled and NOC has been provided, program allows for up to 30 days from contract signing to begin work) • Construction time: including Draws, Change Orders and inspections (75 – 180 days from NFS; contract allows for up to 90 days to complete from date of contract signing) • Completion of project including all reports, release of liens and warranties (80-185 days from NFS) 24 4 SECTION 4 - REFERENCES Provide a minimum of (3) references, preferably from other public entities, for which similar services have been provided within the prior three (3) years. Include the name, contact person, phone, e-mail addresses, mailing addresses, type of service provided, and dates these services were provided. City of Clearwater Housing Coordinator 112 S. Osceola Avenue Clearwater, FL 33756 Terry Malcom-Smith Terry.malcom-smith@myclearwater.com 727.562.4031 Services Provided: Project Management: Onsite Meetings, Client Meetings, E-NOVA, Photo Document, Project Estimating, Davis Bacon, Arbitration Mediation, Work Write-Ups, Pre-Bid Meetings. Site Inspections: HQS, ADA, Mechanical, Plumbing, Electrical, Building, Architectural, and Quality Assurance. Dates of Services: 2010 – ongoing Pinellas County 600 Cleveland Street, Suite #800 Clearwater, Florida 33755 Daphne Johnson-McCluster Djohnson-mccluster@co.pinellas.fl.us 727.464.8242 Services Provided: Site inspections: HQS, ADA, Mechanical, Plumbing, Electrical, Building, Architectural, and Quality Assurance Inspections Dates of Services: 2008 - 2018 Wetland Sciences (Escambia County Contractor) 3308 Gulf Beach Highway Pensacola, Florida 32507 Mr. Keith Johnson keith@wetlandsciences.com 850.453.4700 Services Provided: Environmental Consulting, Asbestos and Lead Inspections/Assessments, and Lead Risk Assessments Dates of Service: 2017 Pinellas County School Board 301 4th Street SW Largo, Florida 33770 Mr. Bill Robinson robinsonb@pcsb.org 727.547.7199 Services Provided: Bulk sampling, laboratory analysis, facility surveys, project management, TEM and PCM sampling and analysis, reporting and project close out documents. Moisture and water intrusion assessment/moisture mapping; building envelope assessment, pollutant pathway investigation and modeling, radon measurement and mitigation, vibration assessment, boroscopic inspection, infrared thermography, abatement/migration final abatement report and project close out documents. Dates of Service: 2015 – ongoing 25 5 ATTACHMENT A ESTIMATED Annual Number of each PRICING Scope of Work - Tasks task type to be PER TASK performed (*see note below) 1)Rehab Program Cost Proposals 1a.Feasibility Inspection 30 each $__________ each 1b. Lead-based paint testing and risk assessment - pre- 1978 20 each $__________ each 1c.Asbestos testing 20 each $__________ each 1d. Coordinate with homeowners to prepare and manage scope of work, cost estimate and bid process 10 each $__________ each 1e.Perform construction draw inspections 4 per project $__________ /draw 2)DPA Process Cost Proposal 2a.Minimum code inspection 30 each $__________ each 2b.Lead-based paint testing - pre-1978 5 each $__________ each 2c.Re-inspections if needed 3 each $__________ each 3)New Construction Cost Proposal 3a.Perform construction inspections 4 per project $__________ /draw 5)Other Tasks 5a.Documenting contractors and subcontractors 10 hours $__________ /hour 5b. Coordinate with contractor and property owner to perpare change order for City approval 50 hours $__________ /hour 5c.Background checks on contractors 5 each $__________ each *NOTE: "each" price is to be all-inclusive for staff hours (including subcontractor if applicable), travel, fuel, general equipment usage and general communications regarding projects. Laboratory Fees, Postage and Copies should be submitted under Tab 4 of proposal with pricing sheet. Fees not listed will not be allowed or approved by the City for reimbursement. ESTIMATED ANNUAL COST $_______________ RFP 27-21 Proposal Price Sheet Building Inspections, Reporting, and Construction Management Services Vendor Name ___________________________________________Date ________________________NOVA Engineering and Environmental, LLC April 9, 2021 425.00 825.00 770.00 1,300.00 425.00 425.00 775.00 340.00 425.00 85.00 60.00 340.00 84,245.00 26 6 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Building Inspections, Reporting & CM Services RFP #27-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: X X 1 NOVA Engineering and Environmental, LLC April 9, 2021 27 VENDOR INFORMATION Building Inspections, Reporting & CM Services RFP #27-21 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address:Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. NOVA Engineering and Environmental, LLC 4524 Oak Fair Boulevard, Suite 200 Tampa Florida 33610 813.623.3100 813.623.3545 lschmaltz@usanova.com www.usanova.com 96-948-5861 rating: 1R2 PO Box 745663 Atlanta GA 30374-5663 Larry G. Schmaltz, PE, GC, FLAC Larry G. Schmaltz, PE, GC, FLAC 813.623.3545 813.623.3545 813.623.3100 813.623.3100 lschmaltz@usanova.com lschmaltz@usanova.com n/a 28 VENDOR CERTIFICATION OF PROPOSAL Building Inspections, Reporting & CM Services RFP #27-21 By signing and submitting this Proposal, the Vendor certifies that: a)It is under no legal prohibition to contract with the City of Clearwater. b)It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c)It has no known, undisclosed conflicts of interest. d)The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e)No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f)It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g)Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h)Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i)It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j)It is current in all obligations due to the City. k)It will accept such terms and conditions in a resulting contract if awarded by the City. l)The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: NOVA Engineering and Environmental, LLC Bob Hughes Executive Vice President April 9, 2021 29 SCRUTINIZED COMPANIES FORMS Building Inspections, Reporting & CM Services RFP #27-21 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1.The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2.The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3.Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4.If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE NOVA Engineering and Environmental, LLC Bob Hughes Executive Vice President Georgia Cobb 9 April 21 Bob Hughes Executive Vice President NOVA Engineering and Environmental, LLC X Tracey Marino March 12, 2023 30 SCRUTINIZED COMPANIES FORMS Building Inspections, Reporting & CM Services RFP #27-21 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1.The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2.The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3.“Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4.If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. ______________________________________ Authorized Signature ______________________________________ Printed Name ______________________________________ Title ______________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _____________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. __________________________________________ Notary Public __________________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE NOVA Engineering and Environmental, LLC Executive Vice President Bob Hughes Executive Vice President Bob Hughes9 April 21 NOVA Engineering and Environmental, LLC X Georgia Cobb Tracey Marino March 12, 2023 31 E-VERIFY ELIGIBILITY FORM Building Inspections, Reporting & CM Services RFP #27-21 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1.The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3.The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4.The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5.The Contractor must maintain a copy of such affidavit. 6.The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7.If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8.The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE NOVA Engineering and Environmental, LLC Executive Vice President Bob Hughes Executive Vice President Bob Hughes NOVA Engineering and Environmental, LLC X Georgia Cobb Tracey Marino March 12, 2023 32 State of Florida Department of State I certify from the records of this office that NOVA ENGINEERING AND ENVIRONMENTAL, LLC is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on July 23, 2007. The document number of this limited liability company is M07000004372. I further certify that said limited liability company has paid all fees due this office through December 31, 2021, that its most recent annual report was filed on February 8, 2021, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighth day of February, 2021 Tracking Number: 2976298658CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 33 Halsey Beshears, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONBOARD OF PROFESSIONAL ENGINEERSTHE ENGINEERING BUSINESS HEREIN IS AUTHORIZED UNDER THEPROVISIONS OF CHAPTER 471, FLORIDA STATUTESNOVA ENGINEERING AND ENVIRONMENTAL, LLCDo not alter this document in any form.3900 KENNESAW 75 PARKWAYLICENSE NUMBER: CA27772EXPIRATION DATE: FEBRUARY 28, 2021This is your license. It is unlawful for anyone other than the licensee to use this document.SUITE 100KENNESAW GA 30144Always verify licenses online at MyFloridaLicense.comNOTE: As of 2021, this license no longer has an expiration date per the State of Florida.34 Halsey Beshears, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONASBESTOS LICENSING UNITTHE ASBESTOS BUSINESS ORGANIZATION HEREIN IS LICENSED UNDER THEPROVISIONS OF CHAPTER 469, FLORIDA STATUTESNOVA ENGINEERING AND ENVIRONMENTAL, LLCDo not alter this document in any form.LAWRENCE GERARD SCHMALTZLICENSE NUMBER: ZA308EXPIRATION DATE: NOVEMBER 30, 2021This is your license. It is unlawful for anyone other than the licensee to use this document.4524 OAK FAIR BLVD SUITE 200TAMPA FL 33610Always verify licenses online at MyFloridaLicense.com Halsey Beshears, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESHUGHES, ROBERT EVERETTDo not alter this document in any form.NOVA ENGINEERING AND ENVIRONMENTAL, LLCLICENSE NUMBER: CGC060357EXPIRATION DATE: AUGUST 31, 2022This is your license. It is unlawful for anyone other than the licensee to use this document.4524 OAK FAIR BOULEVARD SUITE 200TAMPA FL 33610Always verify licenses online at MyFloridaLicense.com36 Ron DeSantis, GovernorSTATE OF FLORIDABOARD OF PROFESSIONAL ENGINEERSTHE PROFESSIONAL ENGINEER HEREIN IS LICENSED UNDER THEPROVISIONS OF CHAPTER 471, FLORIDA STATUTESSCHMALTZ, LAWRENCE GDo not alter this document in any form.1401 NORTH RIVERHILLS DRIVELICENSE NUMBER: PE48294EXPIRATION DATE: FEBRUARY 28, 2023This is your license. It is unlawful for anyone other than the licensee to use this document.TEMPLE TERRACE FL 33617Always verify licenses online at MyFloridaLicense.com39 Halsey Beshears, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONASBESTOS LICENSING UNITTHE ASBESTOS CONSULTANT HEREIN IS LICENSED UNDER THEPROVISIONS OF CHAPTER 469, FLORIDA STATUTESSCHMALTZ, LAWRENCE GERARDDo not alter this document in any form.4524 OAK FAIR BLVD, SUITE 200LICENSE NUMBER: AX0000009EXPIRATION DATE: NOVEMBER 30, 2022This is your license. It is unlawful for anyone other than the licensee to use this document.NOVA ENGINEERING AND ENVIRNONMENTALTAMPA FL 33610Always verify licenses online at MyFloridaLicense.com40 Halsey Beshears, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONMOLD-RELATED SERVICES LICENSING PROGRAMTHE MOLD ASSESSOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 468, FLORIDA STATUTESSCHMALTZ, LAWRENCE GERARDDo not alter this document in any form.1401 NORTH RIVERHILLS DRIVELICENSE NUMBER: MRSA3048EXPIRATION DATE: JULY 31, 2022This is your license. It is unlawful for anyone other than the licensee to use this document.TEMPLE TERRACE FL 33617Always verify licenses online at MyFloridaLicense.com41 42 43 Mark Bottorff April 06, 2020 ON-4644-2761-040620 6-Apr-2020 06-Apr-2021 Powered by TCPDF (www.tcpdf.org) 44 45 3:59:30 PM 3/24/2021 Licensee Details Licensee Information Name:LAFON, BARRY ALAN (Primary Name) Main Address:*Private Address* *Private Address* *Private Address* *Private Address* *Private Address* License Mailing: LicenseLocation: License Information License Type:Standard Inspector Rank:Inspector License Number:BN4947 Status:Current,Active Licensure Date:03/16/2005 Expires:11/30/2021 Special Qualifications Qualification Effective Building 03/16/2005 Alternate Names View Related License Information View License Complaint 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licenseeslicensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. 46 47 4524 Oak Fair Boulevard, Suite 200 Tampa, Florida 33610 t. 813.623.3100 f. 813.623.3545 usanova.com ESTIMATED Annual Number of each PRICING Scope of Work - Tasks task type to be PER TASK performed (*see note below) 1)Rehab Program Cost Proposals 1a.Feasibility Inspection 30 each $ 425.00 each 1b. Lead-based paint testing and risk assessment - pre-1978 20 each $ 825.00 each 1c.Asbestos testing 20 each $ 770.00 each 1d. Coordinate with homeowners to prepare and manage scope of work, cost estimate and bid process 10 each $ 1,300.00 each 1e.Perform construction draw inspections 4 per project $ 425.00 each draw 2)DPA Process Cost Proposal 2a.Minimum code inspection 30 each $ 425.00 each 2b.Lead-based paint testing - pre-1978 5 each $ 775.00 each 2c.Re-inspections if needed 3 each $ 340.00 each 3)New Construction Cost Proposal 3a.Perform construction inspections 5 per project $ 425.00 each draw 4)Public Facilities Cost Proposal 4a. Coordinate with public facility representative to prepare scope of work 7 each $__________ each 4b. Coordinate with public facility representative to manage bid process per scope of work 7 each $__________ per hour 4c.Perform construction draw inspections 4 per project $__________ each 5)Other Tasks 5a. Documenting compliance with Davis Bacon requirements 50 hours $__________ per hour 5b. Documenting contractors and subcontractors 10 hours $ 85.00 per hour 5c. Coordinate with contractor and property owner to perpare change order for City approval 50 hours $ 60.00 per hour 5d.Background checks on contractors 5 each $ 340.00 each *NOTE: "each" price is to be all-inclusive for staff hours (including subcontractor if applicable), travel, fuel, general equipment usage and general communications regarding projects. Fees not listed will not be allowed or approved by the City for reimbursement. Vendor Name ______________________________Date ________________________ All miscellaneous fees should be submitted under Tab 4 of proposal with pricing sheet. Fees not listed will not be allowed or approved by the City for reimbursement. ESTIMATED ANNUAL COST ITB 27-21 PRICING SHEET: REVISED Building Inspections, Reporting, and Construction Management Services 1,200.00 65.00* 425.00 95.00 $86,115.00** *Per hour listed, not per each as shown on "Number of Tasks" column ** Total reflects hourly rate x 7 for item 4b not 7 x each. NOVA Engineering and Environmental LLC 5/4/21 03/22/2021 TITLE PAGE RFP# 27-21_Building Inspections, Reporting and CM Services Rock Solid Home Inspections 4590 Ulmerton Rd, Suite 119, Clearwater, FL 33762 (727) 408-1088 office@rocksolidhomeinspection.com 1 TABLE OF CONTENTS CONTENT PAGE NUMBER Title Page 1 Table of Content 2 TAB 1 - Letter of Transmittal 3 TAB 2 - Demonstrated Experience of the Firm and Project Personnel 4 TAB 3 – Project Plan/Approach/Schedule 5 TAB 4 – References 6 TAB 5 -Cost of Services 7 Tab 6a - Exceptions/Additional Materials/Addenda form 8 Tab 6b - Vendor Information form 9 Tab 6c - Vendor Certification of Proposal form 10 Tab 6d - Scrutinized Companies form(s) as required 11,12 Tab 6e -E-Verify Eligibility form as required 13 Tab 6f - Copies of applicable license(s) required 14,15 Tab 6g - W-9 Form. Include a current W-9 form 16 Rock Solid Insurance requirement 17 2 TAB 1 - Letter of Transmittal The respondent, Rock Should Home Inspections, has a clear understanding of the work to be accomplished and make a positive commitment to perform the work outlined in the bid. Specifically outlined below will show the competence in completing the scope of work for the Down Payment assistance and other tasks. 1. Down Payment Assistance: a. Rock Solid Home Inspections has completed the work outlined regarding the Down Payment Assistance Program i. Currently working the City of Tampa, the City of Clearwater, the City of Largo and the Habitat for Humanities in several counties completing inspections for their specific down payment assistance programs. Additionally, we are working the Solita’s house and the new construction program for the City of Tampa. 2. Rock Solid Home inspections is committed to perform the services within the period specified in the RFQ. 3. The Key person that will be the main point of contact is specified below: Dawn Perkins Office number: (727) 408-1088 Cell number (813) 784-9911 Dperkins.rshi@gmail.com 3 TAB 2 - Demonstrated Experience of the Firm and Project Personnel Provide a statement of qualifications, abilities, experience and expertise in providing the requested services, including: a. Describe your organization's fiscal capacity to manage financial reporting, record keeping, accounting systems, policies and procedures, and audit requirements. a. Our organization’s fiscal capacity to manage financial reporting, record keeping, accounting systems, policies and procedures, and audit requirements in various ways. b. We have an office staff of 4. This staff handles scheduling, all financial reporting to include accounting and auditing when necessary. b. An assessment of the proposer’s abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor’s inability to meet some of the requirements of the specifications. a. Rock Solid can satisfy the needs of the City to include requested services and any additional services by utilizing our staff and expertise needed to complete the work needed. We have a proven track record of exhibiting the expertise in the areas of conducting HQS inspections, documenting contractors, Davis Bacon documentation and conducting lead based paint testing. We have worked with various organizations to include the City of Tampa, City of Cleawater, City of Largo, Habitat for Humanity for Hillsborough, Pinellas and Pasco counties in the above referenced work. c. A detailed response regarding the firm’s experience in conducting inspection, reporting and construction management services. a. Rock Solid Home Inspections will not be bidding on the construction management services part of the bid 4 TAB 3 – Project Plan/Approach/Schedule Rock Solid Home Inspections will not be bidding on the Home Rehabilitation program or the New Construction. The section of the bid we will be submitting is the Down Payment Assistance Program. We are capable to conduct the inspections using the HUD Uniform Physical Condition Standards Form (Attachment B- HUD Uniform Physical Condition Standards Form), perform minimum code inspection, perform lead-based paint inspection – pre-1978 construction, perform re-inspection if necessary and prepare lead clearance certifications when necessary. We have been conducting these inspections for 3 years for various organizations. 5 TAB 4 – References City of Clearwater Date of Services – Began working with the City of Clearwater in 2018 and have continued a business relationship. Service provided: Home inspections and lead testing for the various first-time home buyer programs. We conduct the inspections and deliver reports to include photos. Additionally, we complete all follow up inspections and review independent inspection reports to determine if any of the findings need to be added to the city reports. Address: One Clearwater Tower, 600 Cleveland Street, Suite 600 Clearwater, Florida 33755 Contact: Terry Malcom-Smith Telephone Number: (727) 562-4036 Email address: Terry.Malcolm-Smith@myclearwater.com City of Tampa Housing Date of Services – Began working with the City of Tampa in 2018 and have continued a business relationship. Service provided: Home inspections and lead testing for the various first-time home buyer programs. We conduct the inspections and deliver reports to include photos. Additionally, we complete all follow up inspections and review independent inspection reports to determine if any of the findings need to be added to the city reports. Address: 4900 W. Lemon St. Tampa, Florida 33609 Contact: Trena.Gaston-Gardner Telephone Number: (813) 67-3905 Email address: Trena.Gaston-Gardner@tampagov.net Habitat for Humanity of Hillsborough County Date of Services – Began working with Habitat for Humanity of Hillsborough County in 2019 and have continued a business relationship. Service provided: Home inspections and lead testing for the various first-time home buyer programs. We conduct the inspections and deliver reports to include photos. Additionally, we complete all follow up inspections and review independent inspection reports to determine if any of the findings need to be added to the city reports. Address: 509 East Jackson Street, Tampa, FL 33602 Contact: Michelle Taylor Telephone Number: (813) 239-2242 x 148 Email address.: mtylor@habitathillsborough.org City of Largo Date of Services – Began working with the City of Largo in 2019 and have continued a business relationship. Service provided: Home inspections and lead testing for the various first-time home buyer programs. We conduct the inspections and deliver reports to include photos. Additionally, we complete all follow up inspections and review independent inspection reports to determine if any of the findings need to be added to the city reports. Address: 201 Highland Ave No, Largo, Fl 33770 Contact: Arrow Woodard Telephone Number: (727) 586-7489 xt 7212 Email address: AWoodard@largo.com 6 ESTIMATED Annual Number of each PRICING Scope of Work - Tasks task type to be PER TASK performed (*see note below) 1)Rehab Program Cost Proposals 1a.Feasibility Inspection 30 each $__________ each 1b. Lead-based paint testing and risk assessment - pre-1978 20 each $__________ each 1c.Asbestos testing 20 each $__________ each 1d. Coordinate with homeowners to prepare and manage scope of work, cost estimate and bid process 10 each $__________ each 1e.Perform construction draw inspections 4 per project $__________ each draw 2)DPA Process Cost Proposal 2a.Minimum code inspection 30 each $__________ each 2b.Lead-based paint testing - pre-1978 5 each $__________ each 2c.Re-inspections if needed 3 each $__________ each 3)New Construction Cost Proposal 3a.Perform construction inspections 5 per project $__________ each draw 4)Public Facilities Cost Proposal 4a. Coordinate with public facility representative to prepare scope of work 7 each $__________ each 4b. Coordinate with public facility representative to manage bid process per scope of work 7 each $__________ per hour 4c.Perform construction draw inspections 4 per project $__________ each 5)Other Tasks 5a. Documenting compliance with Davis Bacon requirements 50 hours $__________ per hour 5b. Documenting contractors and subcontractors 10 hours $__________ per hour 5c. Coordinate with contractor and property owner to perpare change order for City approval 50 hours $__________ per hour 5d.Background checks on contractors 5 each $__________ each *NOTE: "each" price is to be all-inclusive for staff hours (including subcontractor if applicable), travel, fuel, general equipment usage and general communications regarding projects. Fees not listed will not be allowed or approved by the City for reimbursement. Vendor Name ______________________________Date ________________________ All miscellaneous fees should be submitted under Tab 4 of proposal with pricing sheet. Fees not listed will not be allowed or approved by the City for reimbursement. ESTIMATED ANNUAL COST ITB 27-21 PRICING SHEET: REVISED Building Inspections, Reporting, and Construction Management Services n/a n/a n/a n/a n/a 150 150 125 n/a n/a n/a 25 25 n/a 100 Rock Solid Home Inspections 03/27/2021 7 n/a EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Building Inspections, Reporting & CM Services 23 RFP #27-21 Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe--attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor’s responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: X Rock Solid Home Inspectons 03/27/2021 X Inspector License Information Home inspectors license information to include: Type of license Name License number Expiration Please see https://www.myfloridalicense.com for further details Home Inspector BIANCO, VITO Primary HI10210 Home Insp Current, Active 07/31/2022 Home Inspector ROBERTS, KYLOR Primary HI10857 Home Insp Current, Active 07/31/202 Home Inspector WINSOR, MICHAEL Primary HI12751 Home Insp Current, Active 07/31/2022 Home Inspector MOOTSEY, JEDEDIAH Primary HI12372 Home Insp Current, Active 07/31/2022 Home Inspector HOLMAN, CALEB WAYNE Primary HI12558 Home Insp Current, Active 07/31/2022 Home Inspector ROBINSON, BRIAN Primary HI10864 Home Insp Current, Active 07/31/2022 14 169 NE LINCOLN CIR. N. ST. PETERSBURG, FL 33702 Current Principal Place of Business: Current Mailing Address: 169 NE LINCOLN CIR. N. ST. PETERSBURG, FL 33702 US Entity Name: ROCK SOLID OF FLORIDA, LLC DOCUMENT# L18000286103 FEI Number: 83-2843254 Certificate of Status Desired: Name and Address of Current Registered Agent: SPOOR LAW, P.A. 877 EXECUTIVE CENTER DR. W., SUITE 100 ST. PETERSBURG, FL 33702 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Authorized Person(s) Detail Date FILED Jan 07, 2021 Secretary of State 1654042862CC ANDREA BAUM MGR 01/07/2021 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT No Title MGR Name BAUM, ANDREA Address 169 NE LINCOLN CIR. N. City-State-Zip:ST. PETERSBURG FL 33702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSR 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-TORY LIMITSWC STATU- LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05)© 1988-2010 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD Aggregate: $500,000 Each Claim: $500,000 1/10/20221/10/2021DOVE-100107-PL-P2021AProfessional LiabilityB Hiscox Insurance Co Certficate Holder is listed as Additional Insured. 2,000,000 2,000,000 1,000,000 5,000 50,000 1,000,000 1/10/20221/10/2021BPP1084326A x x A Midvale Indemnity Company Rock Solid of Florida LLC 7781 Starkey Rd Largo FL 33777 sales@hhinsgroup.com 727 498 5551 Jacob Holehouse HH Insurance Group LLC 3443 1st Ave N St Petersburg FL 33713 4/2/2021 City of Clearwater Attn: Procurement Division, RFP #27-21 P.O. Box 4748 Clearwater FL 33758-4748 DocuSign Envelope ID: 72A7FDF0-794E-4FBC-8EC5-BFCDACF81318 May 4, 2021 NOTICE OF INTENT TO AWARD The Economic Development & Housing Department and the Procurement Division recommend award of RFP No. 27-21, Building Inspections, Reporting and Construction Management Services to Rock Solid of Florida, LLC of St. Petersburg, FL, NOVA Engineering & Environmental, LLC of Tampa, FL, and New Dimension Builders, LLC of St. Petersburg, FL, for a period of one (1) year with three (3), one (1) year renewal terms at the City’s option. This award recommendation is tentatively scheduled to go before City Council at the June 1, 2021 Work Session (9:00 a.m.) and voted on at the June 3, 2021 Council Meeting (6:00pm). These meetings are held at the Clearwater Main Library, located at 100 N Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the City’s Procurement Manager at (727) 562- 4632, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758- 4748. Posted on this date by: Lori Vogel Lori Vogel, CPPB Procurement Manager Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9201 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve a professional service agreement with Hazen and Sawyer of Tampa, FL as the Wastewater Collection System Program Consultant (19-0011-UT) in the not-to-exceed amount of $18,647,400.00 for a six-year term pursuant to Request for Qualification (RFQ) 11-20 and authorize the appropriate officials to execute same. (consent) SUMMARY: October 2019, RFQ 11-20, Wastewater Collection System Program Consulting Services, was issued seeking qualified firms to provide assessment, design, procurement, and construction engineering inspection services (CEI) for projects related to the wastewater collection systems throughout the City. December 2019, the RFQ selection committee, consisting of representatives from the Engineering and Public Utilities departments carefully reviewed each of the submittals received from six qualified firms. Each submittal was ranked on the RFQ criteria and overall responsiveness to the RFQ requirements. Hazen and Sawyer was selected to provide the requested Wastewater Collection System Program Consultant Services. Services include, but are not limited to, assessment of the existing wastewater collection system; design services for wastewater mains, service laterals, removal of existing pipe networks; upgrades, restoration to disturbed areas, and contractor oversight services over a six-year term. The City of Clearwater’s Public Utilities Department owns, operates, and maintains the Wastewater distribution systems. APPROPRIATION CODE AND AMOUNT: Funding will be provided by various capital and operating codes as needed over the next six years. Page 1 City of Clearwater Printed on 5/28/2021 1 MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND HAZEN AND SAWYER, INC. RFQ #11-20 WASTEWATER COLLECTION SYSTEM PROGRAM CONSULTANT This AGREEMENT is made and entered into on the _____ day of June 2021 by and between the City of Clearwater, Florida (CITY) and Hazen and Sawyer, Inc. (CONSULTANT). WITNESSETH: WHEREAS, the City of Clearwater’s Wastewater Collection System (WWCS) Program consists of projects related to the Wastewater Collection and Treatment Systems within the CITY; WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; WHEREAS, in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications (“RFQ”) #11-20 and responses by the CONSULTANT to RFQ #11-20; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices, by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Florida, and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to perform an array of services for the CITY as set forth in RFQ #11-20, Scope of Services. The CONSULTANT’S services will include assessment, design, procurement, and construction engineering inspection services (CEI) related to the CITY’S wastewater collection and treatment systems: a. Identify/assess/replace C-900 Pipe located on north side of Sand Key Bridge 2 b. Relocate pipe at 1469 Jacaranda Circle c. Realign pipe in Coachman Ridge Park d. Relocate mains/laterals in Far Horizons mobile home park e. Replace corroded cast iron 8” sanitary main at Eunice Lane f. Replace/upsize mains City wide as recommended by the WWCS Master Plan or otherwise identified g. Replace/upsize other mains and laterals City wide as requested by the Public Utilities Department or otherwise identified h. Maintenance recommendations identified in WWCS Master Plan (including Capacity, Management, Operations, and Maintenance recommendations) i. Relocate residential mains from rear easements to front easements j. Repair main defects (sags and obstructions) along Court St. and Chestnut St. between South Myrtle Ave. and South Martin Luther King Jr. Ave. k. Evaluate/analyze data obtained from the City’s ongoing WWCS flow monitoring program and recommend/design repairs/improvements l. Assist the City oversee and manage its Sewer Point Repairs and Improvements project, including supervision, inspection, and quantity verifications: i. Section A – Sanitary Sewer Trenchless Reconstruction (Cured-In-Place Pipe, CIPP) ii. Section B – Sewer Cleaning and Televising Inspections iii. Section C – Sewer Point Repairs/Improvements iv. Section D1 – Manhole Surfacing – Fiberglass Liner System (not used) v. Section D2 – Manhole Surfacing – Cementitious Coating vi. Section D3 – Manhole Surfacing – Epoxy Coating vii. Section D4 – Manhole Surfacing – Polyurethane Coating viii. Section E1 – Cleanouts and Sewer Laterals ix. Section E2 – Sewer Laterals (CIPP) x. Section F – Smoke and Dye Testing m. Septic to sewer conversion n. Lift station repair/remediation o. Water reclamation facility repair/remediation p. Preparation of Record Drawings for aforementioned activities q. Other similar activities 2.2 The CONSULTANT’S services under this Agreement will be provided under project specific Work Orders. Each Work Order will include the services for a single project, phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement, as Exhibit D.1, D.2, D.3, etc. Total compensation for all services shall not exceed $18,647,400.00 (Eighteen Million Six Hundred Forty-Seven Thousand Four Hundred U.S. dollars) unless specifically authorized by the City Council. 3 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any and all projects, phases, tasks or assignments in Section 2.1 of this Agreement. The CITY further reserves the right to enter into contracts with other engineering firms for services related to such projects, phases, tasks or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after CONSULTANT’S receipt of a fully executed Work Order from CITY. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to six (6) years, subject to the provisions for termination contained herein. Work Orders that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 4 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULTANT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY’s sole risk without liability or legal exposure to the CONSULTANT. 5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. 5.3 The CONSULTANT may provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 5.4 Upon the CONSULTANT’S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 5.6 (a) To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY may have under § 768.28, Florida Statutes or as 5 consent to be sued by third parties. The obligations under this paragraph shall expressly survive termination or expiration of this Agreement. (b) PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE INDIVIDUAL PROFESSIONAL EMPLOYEES AND AGENTS OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 5.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5.8 (a) CONSULTANT may employ subconsultants as CONSULTANT deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by CITY. (b) Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY, which approval shall not be reasonably denied. Key personnel are identified as: Project Manager and technical experts. 5.9 The CONSULTANT shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make no statements, press releases or other public communication concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the CITY and securing its consent in writing. The CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the CONSULTANT for CONSULTANT’s use. Only data and reports generated by the CONSULTANT under this Agreement shall be the property of the CITY. 5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time, specifically to: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 6 CONSULTANT shall comply with the following: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. CONSULTANT is entitled to payment of fees as provided for under law for the production of such records. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. 7 h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 6.0 COMPENSATION 6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT’S invoice and as provided for below. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit A. 6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida Statutes. 6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or Firm, other than a bona fide employee working for the CONSULTANT any 8 fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION FOR CAUSE This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. 10.0 GOVERNING LAW, CLAIMS AND DISPUTES (a) This Agreement shall be administered and interpreted under the laws of the State of Florida. The exclusive venue for any proceeding or suit in law or equity arising from or incident to this Agreement will be in Pinellas County Florida. (b) Neither CITY nor CONSULTANT shall be liable to the other for any special, incidental, indirect or consequential damages whatsoever arising out of or relating in any way to this Agreement. 11.0 TERMINATION FOR CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to § 287.133 (3)(f), F.S. By submitting a 9 proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not restrict submission. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically by executing the forms provided (attached). 14.0 RFQ #11-20, STANDARD TERMS AND CONDITIONS All terms and conditions as set forth in RFQ #11-20, Standard Terms of Conditions are incorporated by reference and hereto attached as Exhibit B. 15.0 ORDER OF PRECEDENCE Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments; (ii) Exhibit B, RFQ #11-20, Standard Terms and Conditions; and (iii) Work Orders. 16.0 INSURANCE REQUIREMENTS Insurance Requirements are set forth in Exhibit C, which is incorporated by reference and attached hereto. 17.0 TERMINATION FOR LACK OF FUNDING The CITY’S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council. In the event the Clearwater City Council does not appropriate funds for CITY to perform its obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. CONSULTANT will be paid for all work performed to the date of termination. 18.0 E-VERIFY CONSULTANT and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. CONSULTANT will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide CONSULTANT with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of such affidavit. The CITY may terminate this Agreement on the good faith belief that CONSULTANT or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this 10 Agreement is terminated pursuant to Florida Statute 448.095(2)(c), CONSULTANT may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. CONSULTANT is liable for any additional costs incurred by the CITY as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). 19.0 NOTICES Any and all notices sent pursuant to this Agreement shall be given in writing via certified mail or overnight courier and shall be delivered to the following addresses: To CITY: Tara Kivett, PE Engineering Director 100 S. Myrtle Ave., Suite 220 Attn: Engineering Department City of Clearwater, FL 33756 To CONSULTANT: Andre Dieffenthaller Vice President 1000 N Ashley, Suite 1000 Tampa, Florida 33509 adieffenthaller@ hazenandsawyer.com [Remainder of Page Intentionally Left Blank] 11 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. ____________________________________ Hazen and Sawyer, INC. By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk 12 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE 13 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by _________________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ________________________________________ (name of corporation/entity), personally known to me as described herein _____________________, or produced a _________________________ (type of identification) as identification, and who did/did not take an oath. _______________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND HAZEN AND SAWYER, INC. RFQ #11-20 WASTEWATER COLLECTION SYSTEM PROGRAM CONSULTANT EXHIBIT A The CITY shall pay CONSULTANT and CONSULTANT agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one (1) of the following methods: Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00. Method "A"- Lump Sum- Compensation in the form of “lump sum" for all work associated with a Work Order or task and shall be detem1ined by mutual AGREEMENT between the ENGINEER and the CITY. The lump sum amount shall be negotiated based upon the Work Order services and approved by both the CITY and the ENGINEER. Method “ B" -Hourly Rate- Compensation in the form of burdened hourly rates. Burdened (direct + indirect) Hourly Rate + Subconsultant Cost + Other Direct Costs. Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate, overhead, operating margin and profit. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc. Hourly Rates - The estimated hourly rates attached represent 2021 costs and categories. Periodic changes are anticipated, and modification can be made annually upon CITY and ENGINEER review. (Note: All rates are hourly salary) Rate Escalation During Agreement Term- During the sixty (60) day period prior to the annual renewal of the AGREEMENT effective date, the ENGINEER may submit a written request that the CITY increase the rates in an amount for no more than the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), for All Urban Consumers, All Items, Tampa-St. Petersburg-Clearwater, Florida, as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). RFQ #11-20, Exhibit A -Page 2 Wastewater System Collection Program Management Services, RFQ#11-20 Hazen and Sawyer Rate Structure (6-1-2021) Job Classification Burdened Hourly Rate Vice President $275 Associate Vice President $260 Senior Project Manager $245 Project Manager $215 Senior Engineer/Senior Scientist $195 Project Engineer/Scientist $165 Engineer/Scientist $135 Assistant Engineer/Scientist $115 Engineer Intern $100 Construction Engineer $155 Senior Inspector $135 Inspector $105 Senior Designer $145 Designer $115 CADD Operator $100 Senior Technician $100 Technician $90 Senior Clerical $95 Clerical $80 RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 2 the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 3 The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. T he c ontr ac t or’s agr e em ent to c om ply w ith pub lic r ec or ds law app li es s pec if ic al ly t o: 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. RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 4 c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 5 City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 6 any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 7 c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 8 S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If RFQ #11-20, Exhibit B STANDARD TERMS AND CONDITIONS 9 provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. MASTER AGREEMENT BETWEEN CITY OF CLEARWATER AND HAZEN AND SAWYER, INC. RFQ #11-20 WASTEWATER COLLECTION SYSTEM PROGRAM CONSULTANT EXHIBIT C INSURANCE REQUIREMENTS. The CONSULTANT shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the CONSULTANT’S deductible or self-insured retention and to require that it be reduced or eliminated. Specifically, the CONSULTANT must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the CONSULTANT is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then CONSULTANT’S Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the CONSULTANT with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the CONSULTANT will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, CONSULTANT will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #11-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. CONSULTANT’S insurance as outlined above shall be primary and non-contributory coverage for CONSULTANT’S negligence. d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT’S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to CONSULTANT’S design, equipment, or service. CONSULTANT agrees that the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of CONSULTANT providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of CONSULTANT’S obligation to provide the insurance coverage specified. Purchasing Office 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS RFQ #11-20 Wastewater Collection System Program Consulting Services October 30, 2019 NOTICE IS HEREBY GIVEN that Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, December 17, 2019 to provide Wastewater Collection System (WWCS) Program Consulting Services. Brief Description: The City of Clearwater (City) is soliciting proposals from qualified wastewater engineering consulting firms to provide assessment, design, procurement, and construction engineering inspection services (CEI) related to the City’s Wastewater Collection and Treatment Systems. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by Purchasing until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at www.myclearwater.com/bid. Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Qualifications is issued by: Lori Vogel, CPPB Interim Procurement Manager Lori.Vogel@myclearwater.com INSTRUCTIONS WWCS Program Consultant 2 RFQ #11-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than seven (7) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website and mailed to those who register on the City website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: December 17, 2019 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted, and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting Purchasing. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Purchasing 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City Purchasing Office as the official time. i.6 LOBBYING PROHIBITION. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City, including but not limited to the City Council, employees, and consultants hired to assist in the solicitation, is prohibited. This prohibition is imposed from the time of the first public notice of the solicitation until the City cancels the solicitation, rejects all responses, awards a contract or otherwise takes action which ends the solicitation process. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. INSTRUCTIONS WWCS Program Consultant 3 RFQ #11-20 This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-responsive vendors. Violations of this provision shall be reported to the Purchasing Manager. Persons violating this prohibition may be subject to a warning letter or rejection of their response depending on the nature of the violation. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. INSTRUCTIONS WWCS Program Consultant 4 RFQ #11-20 i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Purchasing Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting Purchasing. ADDRESS PROTESTS TO: Lori Vogel, CPPB Interim Procurement Manager City of Clearwater 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION WWCS Program Consultant 5 RFQ #11-20 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (Response Format, pps. 11-12) Points Technical Approach to Manage a System-wide Comprehensive Program (Tab 2) 35 Experience and Qualifications of Firm and Staff (Tab 3) 25 Work Plan (Tab 4) 25 Quality Management Approach (Tab 5) 15 i.17 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.18 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.19 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/bid to view Purchasing’s Intent to Award postings. INSTRUCTIONS – EVALUATION WWCS Program Consultant 6 RFQ #11-20 i.20 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: October 30, 2019 Advertise Tampa Bay Times: October 31, 2019 Responses due: December 17, 2019 Review responses/presentations: December 18, 2019 – January 28, 2020 Award recommendation: January 29, 2020 Council authorization: April 2020 Contract begins: May 2020 DETAILED SPECIFICATIONS WWCS Program Consultant 7 RFQ #11-20 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. INTRODUCTION. The City of Clearwater is seeking an Engineering consulting firm for assessment, design, procurement, project administration (supporting the City Project Manager) and CEI related services associated with its WWCS. This project is primarily intended to address City infrastructure improvements related to wastewater collection; however, some work also may occur at Water Reclamation Facilities. 3. BACKGROUND. The City of Clearwater WWCS consists of three service basins that flow to three Water Reclamation Facilities (WRFs): Marshall St. WRF, East WRF, and Northeast WRF. The City’s WWCS includes approximately 8,300 manholes; 370 miles of gravity sewers; 38 miles of force main; and 73 lift stations. The City has identified multiple WWCS related Capital Improvement Plan (CIP) tasks (document located on FTP site) with a combined budget of approximately $105 million dollars for the period of 2020 through 2025. Approximately $21 million dollars is intended for projects that require design and CEI services (total also includes construction costs); the remaining $84 million dollars is intended for the City’s current sewer repair contracts that have a combined annual total of $14 million dollars for the period of 2020 through 2025. The selected respondent will be required to assist the City Project Manager with overseeing those contracts, including performing all CEI related services. The completion of these tasks and miscellaneous repairs will benefit from the services of a knowledgeable and experienced wastewater engineering consultant. The following information is posted on the City’s FTP site to aid in preparing proposals: FTP Site Access ftp://ftpserver.myclearwater.com Logon user name – vendor Logon password – clearwater (note the lower case “c”) Directory: Purchasing Folder: RFQ 11-20 WWCS Program Consulting Services • WWCS Program Consulting Services CIP Tasks • Marshall Street WRF & East WRF Basins Defect Lists 1 & 2 • Northeast WRF Basin Defect Lists 1, 2, & 3 • Sewer Point Repair Specifications (Sections A, C, D2, D3, E1, E2) • Sewer Point Repair Specifications (Sections B, D1, D4, F) • Sewer Point Repair Pay Application Example Summaries 4. SCOPE OF SERVICES. A general overview of anticipated scope of services includes a review of available information and assessment (as directed by City) of existing sewer and facility conditions. This may involve a review of the City’s Capacity, Management, Operations and Maintenance (CMOM), force main condition assessment, WWCS’s Master Plan maintenance recommendations and flow monitoring data. Design and CEI services may include but are not limited to: sewer point repairs, I&I identification and remediation, sewer main (gravity & force) and lateral replacement/upsizing and/or relocation, utility conflict resolution, lift station & water reclamation facility repair/remediation, septic to sewer conversion, cleaning and CCTV of gravity mains/laterals, cured-in-place pipe (CIPP), and manhole repair and coating. As-built review and approval followed by Record Drawing development, when applicable, will be the responsibility of the selected consultant. The City has collected a significant amount of data using smoke and dye testing in addition to flow monitoring. The consultant will be required to utilize the data collected and the City’s current five WWCS repair Contractors (Section A - Sanitary Sewer Trenchless Reconstruction, Section B - Sewer Cleaning and Televising Inspection, Section C - Emergency/Non-Emergency Repairs/Improvements of Sewer, Force Mains and Manholes, Section D2 - Manhole Surfacing- DETAILED SPECIFICATIONS WWCS Program Consultant 8 RFQ #11-20 Cementitious Coating, Section D3 - Manhole Surfacing- Epoxy Coating, Section D4 - Manhole Surfacing- Polyurethane Coating, Section E1 – Sanitary Cleanouts and Laterals, Section E2 – Sewer Lateral CIPP, Section F – Smoke and Dye Testing) to advance system improvements. This will include providing engineering services including assessment, advisory opinions, design, construction drawings, estimating, procurement guidance, Maintenance of Traffic (MOT) reviews and Construction Engineering Inspection (CEI) services. The Consultant is expected to oversee the confirmation of sewer defects previously identified by the City. The Consultant will review Contractors’ estimates for accuracy and make recommendations to the City. After City approval of a proposed repair, the Consultant will be responsible for administrating the City’s sewer repair contractors including but not limited to scheduling, MOT, permits, public notifications, procurement, CEI, and preparation of record drawings, as applicable. The Consultant is also expected to prepare periodic reports quantifying improvements to the WWCS system, including but not limited to reductions in I&I as a result of system improvements. 5. QUALIFICATIONS. Respondents must demonstrate the necessary ability, financial resources, and experience to perform the work in a satisfactory manner. The Consultant shall demonstrate a thorough understanding of WWCS and have a minimum of 10 years of experience with assessment, design, cost estimating, procurement, submittal review and CEI. 6. INSURANCE REQUIREMENTS. The Consultant shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a DETAILED SPECIFICATIONS WWCS Program Consultant 9 RFQ #11-20 supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing, RFQ #11-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES WWCS Program Consultant 10 RFQ #11-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. May 2020 through April 2021. Five (5) one (1) year renewal options available at the discretion of the City. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. TERMS AND CONDITIONS. Exhibit A – Terms and Conditions is included in this Request for Qualifications. RESPONSE FORMAT WWCS Program Consultant 11 RFQ #11-20 1. RESPONSE SUBMISSION - Submit one (1) signed original (identified as ORIGINAL) response, with seven (7) copies, and one (1) electronic format copy on a disc or thumb drive in a sealed envelope/container. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper; a single 8½”x11” sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty-eight (28) total pages, include typed text, graphics, charts and photographs, but does not include supporting documents for Tabs 6 and 7, the tabbed separator pages, cover page, Table of Contents, and back page. TAB 1 – Letter of Interest (two [2] pages). The cover letter should briefly introduce the Consultant and also include: • A statement confirming that all information contained in the response is complete and accurate. • Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project. • Contact information for the firm’s principal including email address and phone number. TAB 2 – Technical Approach to Manage a System-wide Comprehensive Program (six [6] pages). Describe the firm’s understanding of the program, ability to perform condition assessments, SUE, evaluations, hydraulic studies, design, procurement, engineering oversight/support during construction, and methodology for meeting the needs of the City. Provide additional items/information that the firm believes is relevant to this project but not explicitly included. TAB 3 – Experience and Qualifications of Firm and Staff (ten [10] pages). Describe the firm’s background, experience, and qualifications of key personnel proposed to work on the project. Include resumes for key team members (including subcontractors) demonstrating specific project experience relevant to the project. Resumes must clearly indicate educational background and state of licensure, if applicable. Also include information for three (3) projects, preferably within the last 10 years, for which the team has provided services closely related to this scope of service. Include an organization chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. Include the expected amount of involvement for each consultant team member. Any changes in key personnel after the contract award must be approved by the City. TAB 4 – Work Plan (eight [8] pages). Provide a detailed work plan describing the firm’s understanding of the project tasks and its methodology for meeting the needs of the City, including but not limited to a discussion on your firm’s project management and administration methods for managing multiple independent tasks varying in size and complexity simultaneously. At a minimum, cover data collection and review, preliminary design steps, permitting, final design, procurement, CEI and preparation of record drawings. Provide a detailed description of the in-house engineering disciplines and how outsourced discipline providers will be selected and managed. TAB 5 – Quality Management Approach (two [2] pages). Provide information as to the firm’s Quality Assurance/Quality Control plan and/or policy. Indicate specific steps conducted for technical review of any type of deliverable prior to submission to a client. Identify standard processes used. Define key factors that demonstrate the policy was successful and effective. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such will be deemed non-responsive to the RFQ. 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. RESPONSE FORMAT WWCS Program Consultant 12 RFQ #11-20 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (Note: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) 4. Provide a listing of arbitrations involving a construction project or contract, whether pending or concluded in the past three (3) years, in which the respondent firm was named. TAB 7 – Other Forms. The following forms should be completed and signed: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. Response Certification form 4. Copies of the firm’s current Florida Department of Business and Professional Regulation’s License and key personnel licenses 5. If the firm is a corporation, a copy of the current Florida Corporation Registration 6. W-9 Form (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA WWCS Program Consultant 13 RFQ #11-20 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/bid prior to the bid opening. Failure to acknowledge any addenda issued may render a submittal Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION WWCS Program Consultant 14 RFQ #11-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION WWCS Program Consultant 15 RFQ #11-20 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER WWCS Program Consultant 16 RFQ #11-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #11-20, WWCS Program Consulting Services Due Date: December 17, 2019, at 10:00 A.M. City of Clearwater Attn: Purchasing PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #11-20, WWCS Program Consulting Services Due Date: December 17, 2019, at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Purchasing 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9209 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve a purchase order to Keystone Excavators, Inc., of Oldsmar, FL for site improvements at the Long Center, located at 1501 North Belcher Road, for a guaranteed maximum price of $491,519.16 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR) Services Continuing Contracts, and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, Council approved the use of thirteen firms to serve as construction managers for the City under RFQ 40-20 and Keystone Excavators, Inc. was selected as one of the approved firms. The Long Center is the busiest recreation center within the City and is the home of UPARC, the Aging Well Center, Clearwater Aquatics Team, Clearwater for Youth and the Limitless Playground. The Long Center is open seven days a week and in addition to meeting the recreational needs of our residents, it annually plays hosts to numerous tournaments, swim meets, rentals and special events. Due to heavy use of this facility over the past thirty years, it is now time to improve and resurface all the existing asphalt parking lots, driveways, and roads at the facility. Keystone Excavators, Inc., will provide milling and resurfacing of all existing asphalt pavement, replacement of damaged curbs, replacement of all road and parking signs, pavement markings and replacement of speed bumps. The scope of the Long Center Parking Improvement Project, (C1902) originally included expanding the parking lot into the grass playing areas but after extensive evaluation, staff is recommending that the playing areas remain as they are and that the improvements be for the existing asphalt surfaces. This is a sixty-day contract, but if weather cooperates can be completed within thirty days. A Maintenance of Traffic (MOT) will be developed so that the Long Center can remain open during construction. Keystone Excavators, Inc., provided a guaranteed maximum price of $491,519.16 which Page 1 City of Clearwater Printed on 5/28/2021 File Number: ID#21-9209 includes a 10% contingency. APPROPRIATION CODE AND AMOUNT: Funds are available for this project in the “Long Center Parking Improvement Project” (C1902) Page 2 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9216 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a Construction Manager at Risk (CMAR) agreement and proposal from Biltmore Construction Co., Inc. (Biltmore), of Belleair, FL, for the construction of temporary Fire Station 46, (18-0028-FD) for the Guaranteed Maximum Price (GMP) of $338,914.00 pursuant to Request for Qualifications (RFQ) No. 18-20 and authorize the appropriate officials to execute same. (consent) SUMMARY: Fire Station 46, located at the north end of Mandalay Park on Clearwater Beach, was built in 1964 and no longer meets the operational needs of the Clearwater Fire Department. On November 5, 2020, Council approved the selection of Biltmore Construction Co. Inc. per RFQ 18-20. In December 2020, the pre-construction phase services were approved by the City Manager in an amount of $88,990.00 to Biltmore. Initially, the project team proposed to construct the new fire station immediately south of the existing station, thus providing continuous service coverage during the construction phase of the project. This option was abandoned due to zoning, schedule, and cost implications . Construction of a temporary station to provide continuous coverage for Clearwater Beach until the new station is complete, is a required first step to construct the new station. This CMAR proposal is for the construction of the temporary fire station with the use of a city leased modular dormitory building, installation of all associated utilities, a 20 ft. by 50 ft. carport, 40-ft. conditioned Conex box for bunker gear storage, paved apparatus driveway, crushed shell parking and contractor staging area complete with screened chain link perimeter fencing. Construction of the temporary facility will begin July 2021 and is scheduled to be completed in August 2021, allowing time to transition operations to the temporary location prior to demolition of the existing station. A proposal for construction of the new Fire Station 46 will be brought to City Council for approval in the fall of 2021. Deconstruction of the temporary fire station and full restoration of the affected McKay park area is scheduled for end of 2022 when the new fire station is expected to be operational. The City Manager’s Office authorized the leasing of a modular dormitory building, to be used as the temporary fire station, in the amount of $81,970.00 for a twenty-four month rental, through Williams Scotsman Inc., piggybacking off the OMNI Cooperative Agreement FL-R160101. APPROPRIATION CODE AND AMOUNT: FD00190001-CONS-CNSTRC $338,914 Funds are available in capital improvement project FD00190001, Fire Station 46-Beach , to fund this proposal. Page 1 City of Clearwater Printed on 5/28/2021 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Construction Manager at Risk Services – Fire Station 46 RFQ #18-20 January 23, 2020 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, February 24, 2020 to provide Construction Manager at Risk Services – Fire Station 46 Brief Description: The City of Clearwater is seeking a Construction Manager at Risk firm to join the project team for the construction of a new Fire Station 46, City Project No. 18-0028-FD. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS CMAR – Fire Station 46 2 RFQ #18-20 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the Contact listed on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 24, 2020 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Responses will be received publicly at this address. Respondents may mail or hand-deliver responses. E-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any INSTRUCTIONS CMAR – Fire Station 46 3 RFQ #18-20 resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: INSTRUCTIONS CMAR – Fire Station 46 4 RFQ #18-20 a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION CMAR – Fire Station 46 5 RFQ #18-20 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Qualifications, Experience, and References (Tab 2) 35 Project Approach (Tab 3) 30 Project Staff and Availability (Tab 4) 30 Construction Manager at Risk Fee and Safety Record (Tab 5) 5 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored proposals based on a preliminary evaluation against the evaluation criteria. Only those short-listed proposers would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal presentation/interview on-site at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. INSTRUCTIONS – EVALUATION CMAR – Fire Station 46 6 RFQ #18-20 i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at http://www.myclearwater.com/bid to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: January 23, 2020 Advertise Tampa Bay Times: January 24, 2020 Responses due: February 24, 2020 Review responses/presentations: February 25, 2020 – March 23, 2020 Award recommendation: March 24, 2020 Council authorization: May 7, 2020 Contract begins: May 2020 DETAILED SPECIFICATIONS CMAR – Fire Station 46 7 RFQ #18-20 1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. BACKGROUND & SITE DESCRIPTION: Fire Station 46, located at the north end of Mandalay Park on Clearwater Beach, was built in 1964 and no longer meets the operational needs of the Clearwater Fire Department. A replacement Fire Station is proposed to be situated in the open park space beside the existing building. The new building will be similar in size to the existing building (approx. 8,000 sq. ft., 2.5 bays) and shall meet current building codes including FBC, FEMA, ADA and Stormwater requirements. Upon completion and commissioning of the new building, the old building will be decommissioned, demolished and turned into open park space. The proposed construction site is a highly visible location adjacent to a major beach thoroughfare, public beach access and public beach parking (Exhibit A). It is also located in a FEMA flood zone (AE), and the Pinellas Gulf Beaches Coastal Construction Code, Zone 2. The local construction staging area is very limited. 3. SCOPE OF WORK. The City of Clearwater (City) intends to engage a Construction Management (CM) at Risk firm to provide management of the preconstruction and construction services (collectively referred to as the Services) as described herein for the Clearwater Fire Station 46, City Project # 18-0028-FD. The City anticipates nine (9) months of design and ten (10) months of construction with the building completed by summer 2021. The chosen CM at Risk firm will join the project team near the 30% design phase, estimated to be in June 2020, to provide pre-construction phase services to the City under a purchase order for the negotiated design-phase fees. Applicable purchase order requirements are included with Exhibit D, Standard Terms and Conditions as well as the required Truth in Negotiation certificate (Exhibit C). When the construction documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the City for approval a Guaranteed Maximum Price (GMP) for the project. Once the GMP for construction on the project is agreed upon, the City staff may recommend to City Council to award the Construction Management firm the Construction Manager at Risk Contract. A sample contract is attached as Exhibit B, Sample Contract. However, if a GMP cannot be agreed upon, the City may negotiate with other shortlisted CM at Risk firms. The following documents are included with this RFQ: Exhibit A – FS46 Existing & Proposed Location Aerial Exhibit B – Construction Manager at Risk Services Contract. Standard contract to be entered into upon successful negotiation. Applicable terms for City construction contracts referenced in Exhibit B are available at https://www.myclearwater.com/government/city- departments/engineering/documents-publications/contract-specifications Exhibit C – Forms. Truth in Negotiation and Scrutinized Business forms required per Florida Statute. Exhibit D – Standard Terms and Conditions for Purchase Order. Standard Terms and Conditions applicable to the Purchase Order for pre-construction and construction phase services. 4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- DETAILED SPECIFICATIONS CMAR – Fire Station 46 8 RFQ #18-20 VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the Contractor is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then Contractor’s Equipment Insurance or Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. f. Pollution Insurance. The Contractor agrees to maintain Contractor’s Pollution Legal Liability on a per-project basis with minimum limits of $1,000,000 (one million dollars). For policies written on a “Claims-Made” basis the Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non- renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. g. Builder’s Risk Insurance. Builder’s Risk Insurance will be purchased by the City with input and coordination from the CMAR. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. DETAILED SPECIFICATIONS CMAR – Fire Station 46 9 RFQ #18-20 6. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #18-20 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES CMAR – Fire Station 46 10 RFQ #18-20 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. May 2020 through December 2021. If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT CMAR – Fire Station 46 11 RFQ #18-20 1. RESPONSE SUBMISSION - Submit one (1) signed original (identified as ORIGINAL) response, six (6) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container. 2. RESPONSE FORMAT. Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. All information must be assembled and indexed in the order indicated below. The page count shall include typed text, graphics, charts and photographs, but does not include Table of Contents, tabbed separator pages, cover and/or back page, Reference letters (Tab 2), Litigation (Tab 6) and Other Forms (Tab 7). 3. TAB 1 – LETTER OF INTEREST (two [2] pages). The cover letter must include the full legal name of the firm, the following information, and must be signed by an authorized representative of the company, preferably the president. Offeror must attach proof to the letter of signing authority for any representative who signs the cover letter other than the president. a. A brief summary of the proposing firm’s interest in the providing the requested services b. A statement of the Offeror’s understanding of the Construction Manager at Risk (CMAR) services with Guaranteed Maximum Price (GMP) to be provided c. The address of the office conducting the CMAR services d. The address of the office that would administer the agreement e. List Corporate officers, partners, or owners of your organization with titles and addresses. If the Offeror is a publicly held company list chairman of the board, chief executive officer (CEO), and president. f. The names(s) of the person(s) that will be authorized to make representations for the Offeror, including their titles, addresses, telephone numbers, and e-mail addresses TAB 2 – QUALIFICATIONS, EXPERIENCE, AND REFERENCES (eight [8] pages). Explain related CMAR services for site development and building experience, include examples of similar completed projects, particularly with Fire Stations. Provide list of construction projects with construction value of $5 million or more, both active and completed in the last five (5) years. Include the project name, location, owner, Architect/Engineer, description, dates services were performed for the project; color images of projects; initial and final construction cost (explain deviations from GMP), including change orders; initial and final contract duration (explain deviations); type of contract and the stage of design or construction that the construction contract amount (GMP) was agreed upon. Provide a minimum of three (3) references from similarly complex projects using a CMAR with the GMP process with a value of $5 million or more within the past seven (7) years. Reference projects must include: a. Offeror’s project management team assigned to respective project whom will be designated for this RFQ’s project team b. Client project manager name, title, email address, and telephone numbers c. Reference letters from the project owner(s) must be specific to the referenced project (not included in page count) TAB 3 – PROJECT APPROACH (six [6] pages). Demonstrate the ability to provide the Concept Review and Cost Analysis, Pre-construction and Construction Phase services. Expand on items such as reporting systems, scheduling, construction phasing, cost estimating and value engineering (VE). Include examples of similar multi-phase projects where these processes have been used. a. Explain how the Offeror will provide the: (1) leadership; 2) management; and (3) administration required to be successful in the development of this project. b. Explain generally how Offeror will provide the Concept Review and Cost Analysis Services. c. Provide a summary of cost control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the Project. d. The City desires to utilize the existing Fire Station 46 during the construction of the new Fire Station. Explain how the Offeror will manage construction activities while existing facilities are in use and ensure public safety. RESPONSE FORMAT CMAR – Fire Station 46 12 RFQ #18-20 e. There is active beach access around the site. Explain how the Offeror will manage construction activities while provided safe access to the public. f. Provide estimated duration of proposed construction phases. g. Describe how firm will maintain quality control methods for the (1) Pre-construction Phase; and (2) Construction Phase of the project. h. Describe how firm will maintain schedule control methods for the (1) Pre-construction Phase; and (3) Construction Phase of the project. i. Explain firm’s team approach to resolve potential conflicts with the (1) trade contractors and (2) City. j. Provide a brief narrative outlining why your firm is the best qualified to perform the CMAR services with GMP outlined in this RFQ. TAB 4 – PROJECT STAFF AND AVAILABILITY (four [4[ pages). Provide a list of key personnel the Offeror will commit to the project for its duration. Identify specific roles for each listed staff (such as project executive, project manager, on-site senior staff, superintendent etc.). Confirm that no key staff changes will take place without written authorization of the City. Identify prior similar projects the key personnel listed have worked on together as a team on behalf of the Offeror. Demonstrate staff’s knowledge of local work force, permitting processes, potential challenges on this project and solutions. Explain how expert sub-contractors in their field will be selected in a cost compatible process. Provide a list of key sub-contractors, their references, and a MOU for their commitment to join your team. Identify prior projects the key sub-contractors have worked on with your team. TAB 5 – CONSTRUCTION MANAGER AT RISK FEE AND SAFETY RECORD (two [2] pages). Provide Construction Manager at Risk fee percentage (not dollar amount) of the yet-to-be- determined Guaranteed Maximum Price. Provide data on the Offeror’s safety record of the past three (3) years as a percentage of employees’ direct hire fixed work hours, rounded to the nearest 1,000’s. Data should include: number of injuries and illness; number of lost time accidents; number of recordable cases; number of fatalities. Provide number of direct hire fixed hours worked. List your organization’s Workers’ Compensation Experience Modification Rate (EMR) for the last seven (7) years as obtained from your insurance agent. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. a. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. b. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. c. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement; or (iii) any other matter before an administrative body.) d. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. RESPONSE FORMAT CMAR – Fire Station 46 13 RFQ #18-20 TAB 7 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form b. Company Information form c. Response Certification form d. Exhibit C Forms e. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License and Contractor License f. If the firm is a corporation, a copy of the current Florida Corporation Registration g. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA CMAR – Fire Station 46 14 RFQ #18-20 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at www.myclearwater.com/apps20/cityprojects/invitationtobid.aspx/ prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION CMAR – Fire Station 46 15 RFQ #18-20 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: RESPONSE CERTIFICATION CMAR – Fire Station 46 16 RFQ #18-20 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER CMAR – Fire Station 46 17 RFQ #18-20 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #18-20, CMAR – Fire Station 46 Due Date: February 24, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #18-20, CMAR – Fire Station 46 Due Date: February 24, 2020, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ 1 Construction Manager at Risk Fire Station 46 (18-0028-FD) RFQ 18-20 CMAR Contract This CONTRACT made and entered into on this _____ day of _______________, 20__, by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the “City” or “Owner”, and _Biltmore Construction Co., Inc._, authorized to do business in Pinellas County and State of Florida, hereinafter designated as the “Construction Manager”. The contracting entities shall collectively be known as the “Parties.” WITNESSETH: WHEREAS, the Clearwater City Council has approved using the Construction Manager at Risk approach on appropriate projects as determined by the City’s Engineering Department; and WHEREAS, the City desires to engage the services of the Construction Manager to provide management of the necessary construction, design, and preconstruction services (collectively referred to as the “Services”) subject to the terms and conditions set forth in this Contract and any agreement incorporated into this Contract by reference; and WHEREAS, the City selected the Construction Manager in accordance with the competitive selection process based on information and representations given by the Construction Manager in a response to Request for Qualifications __RFQ 18-20_. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE ABOVE RECITALS AND REPRESENTATIONS ARE TRUE AND ACCURATE AND ARE INCORPORATED HEREIN BY REFERENCE AND THE PARTIES FURTHER AGREE AS FOLLOW: ARTICLE 1: SCOPE OF WORK, CONTRACT DOCUMENTS, AND TERM 1.1 The Construction Manager and its successors, assigns, executors or administrators, in consideration of the sums of money, as herein after set forth to be paid by the City to the Construction Manager, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this Contract. 1.2 For each individual project assigned, 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, proposal and bond, which may be hereto attached, and any drawings, if any, which may be herein referred to, are hereby made a part of this Contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. 1.3 Unless otherwise specified in this Contract, all work shall be completed in accordance with Section III and Section IV of the City of Clearwater Contract Specifications (the “Specifications”). For the purposes of this Contract, the term Contractor in Section III shall include the Construction Manager. The Specifications, as may be supplemented and 2 changed, along with this Contract constitute the “Contract Documents.” All terms and conditions set forth in RFQ __18-20__, Standard Terms and Conditions are incorporated by reference and attached hereto. Any inconsistency in documents relating to this Contract shall be resolved by giving precedence in the following order: (i) Proposals(s); (ii) this Contract and any amendments; (iii) Specifications; (iv) RFQ _18-20_, Standard Terms and Conditions. 1.4 The term of this Contract shall commence upon execution of this Contract by the Parties and shall terminate after completion and acceptance of the Projects as provided herein and upon final payment in accordance with the Contract Documents. ARTICLE 2: CONSTRUCTION MANAGER’S DUTIES AND STATUS 2.1 The Construction Manager recognizes the relationship of trust and confidence established between it and the City by this Contract, and agrees with the City to furnish its best skill and judgment and the overall supervision of its executives; to furnish efficient business administration and superintendence; and to use every effort to keep upon the project site at all times an adequate supply of workforce and materials to secure its execution and completion in the most expeditious and economical manner. 2.2 The Construction Manager represents that it has made a thorough examination of the premises and is thoroughly familiar with the conditions under which it is to work. 2.3 The Construction Manager agrees to perform and complete the Services in accordance with laws, rules, and regulations of all governmental authorities and departments thereof. 2.4 The Construction Manager agrees to cooperate with the City, Architect-Engineer, or any other Design Professional in all respects, including, but not limited to, providing necessary preconstruction services, such as evaluation of methods, availability and costs of the various components of the Services while under design consideration; supervising the Services and the progress thereof; the coordination of the Services and suggesting changes in the Services; and supplying information as to costs and availability of materials and methods of construction in order, amongst other things, to reduce costs wherever the same may be practicably consistent with the quality of the Services presented in the Contract Documents. 2.5 The Construction Manager agrees to the following: a) In connection with the performance of work under this Contract, the Construction Manager agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, national origin, or any other protected class under federal or state law. The aforesaid provision shall include, but not be limited to, the following employment: - upgrading - demotion or transfer - recruitment or recruitment advertising - lay-off or termination - rates of pay or other forms of compensation; and 3 - selection for training, including apprenticeship b) The Construction Manager 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. c) The Construction Manager 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. ARTICLE 3: SCOPE OF THE SERVICES 3.1 The services that the Construction Manager shall provide include but are not limited to those described in the following sections. 3.2 Reporting. Written reports shall be provided with the monthly pay requests as follows: a) Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by any permitting agency. b) A Monthly Construction Progress Report that includes a cost narrative, a scheduling narrative and that summarizes the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as: - general conditions - long lead supplies - current deliveries - safety and labor relations programs permits - construction problems and recommendations; and - plans for the succeeding month 3.3 Scheduling a) Upon award of this Contract, the Construction Manager shall submit a master project schedule covering the planning and design approvals, construction, and Owner occupancy of the project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project. b) Within thirty (30) days after the date of the Owner’s issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Owner two copies of a Critical Path Method (CPM) construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each activity. 4 c) Following development and submittal of the construction schedule, the Construction Manager shall, at the end of each calendar month during the project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrences of all events which have affected the progress of performance of work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the Owner in duplicate. d) The Construction Manager shall provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Construction Manager’s work to the work of his subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. The Construction Manager shall advise the Owner, its representatives and the Architect-Engineer of their required participation in any meeting or inspection giving each at least one-week notice unless such notice is made impossible by conditions beyond his control. The Construction Manager shall hold job-site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Architect-Engineer’s Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. e) Twice per month corresponding as closely as possible with progress review meetings, a “two week” look ahead report shall be prepared and submitted to Owner and Architect / Engineer. 3.4 Design Review and Recommendations a) The Construction Manager shall familiarize himself thoroughly with the evolving architectural, civil, mechanical, plumbing, electrical and structural plans and specifications and shall follow the development of design through Contract Documents. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost reducing alternatives including assistance to the Architect-Engineer and Owner in evaluating alternative comparisons versus long term cost effect. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required. The Construction Manager shall submit to the Owner and Architect-Engineer such comments as may be appropriate concerning construction, feasibility, and practicality. The Construction Manager shall bring to the Owner and the Architect- 5 Engineer’s attention any apparent defects in the design, drawing and specifications, or other documents. The Construction Manager shall prepare an estimate of the construction cost at appropriate milestones during the design and shall evaluate such estimate with the project budget. The Construction Manager shall recommend cost saving alternatives, as appropriate, at each design milestone. At each design milestone the Owner, Architect Engineer and Construction Manager shall conduct a value engineering review. b) After receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review thereof. Promptly after completion of the review, the Construction Manager shall submit to the Owner, with a duplicate to the Architect-Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as the Construction Manager may deem appropriate, and all actions taken by the Architect-Engineer with respect to same, any comments he may deem to be appropriate with respect to separating the work into separate contracts and/or alternative materials. c) At completion of the Construction Manager’s review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the Construction Manager shall warrant, without assuming any architectural or engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The Construction Manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time. d) The Construction Manager shall review the design for the purpose of identifying long lead procurement items (i.e. machinery, equipment, materials, and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Owner, and the Architect-Engineer of the required procurement and schedule. Such information shall be included in the bid documents and made a part of all affected sub-contracts. As soon as the Architect-Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise Project Director, Owner and Architect-Engineer of any problems or prospective delay in delivery. 3.5 Staffing. Key personnel assigned to City projects by the Construction Manager shall not be removed from the project until alternate personnel acceptable to the City are approved in writing by the City. 3.6 Soliciting Bids a) Without assuming responsibilities of the Architect-Engineer, and unless waived in writing by the Owner, the Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and 6 services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: i) Contracts totaling $1,000 but not exceeding $10,000 may be entered into by the Construction Manager with the firm which is qualified and submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Architect-Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. ii) Contracts totaling $10,000 but not exceeding $200,000 may be entered into by the Construction Manager with the firm who is qualified and submits the lowest responsive proposal. The Construction Manager shall request at least three (3) firms to submit sealed written proposals based on written drawings and/or specifications. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner, Architect-Engineer and to each firm. iii) Contracts totaling $200,000 but not exceeding $500,000 may be entered into by the Construction Manager with the firm who is pre-qualified and submits the lowest responsive proposal. The Construction Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. iv) Contracts totaling $500,000 or greater shall be treated the same as described under iii above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid conference. v) Individual purchases of materials or rentals or leases of equipment of up to $999.99 each may be made without bids or quotes when reasonably necessary to expedite work on the project; however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above. vi) Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area. b) For each separate construction contract exceeding $35,000, the Construction Manager shall, unless waived by Owner, conduct a pre-bid conference with prospective bidders, the Architect-Engineer, and the Owner. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the 7 Architect-Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. 3.7 Quality Control. The Construction Manager shall develop and maintain a program, acceptable to the Owner and Architect-Engineer that assures quality control of the construction. The Construction Manager shall supervise the work of all subcontractors providing instruction to each when their work does not conform to the requirements of the plans and specifications and shall continue to assert influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Construction Manager, the Owner or the Architect-Engineer over acceptability of work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 3.8 Subcontractor Interfacing. The Construction Manager shall be the single point of interface with all subcontractors for any work done under this Contract. The Construction Manager shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner and Architect-Engineer of their validity and reasonableness, acting in the Owner’s best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. When health and safety are threatened, however, the Construction Manager shall act immediately to remove such threat to health and safety. The Construction Manager shall also carefully review all shop drawings and then forward the same to the Architect-Engineer for review and actions. The Architect-Engineer will transmit them back to the Construction Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The Construction Manager shall maintain a record to promote expeditious handling. The Construction Manager shall request the Architect-Engineer to make interpretations of the drawings or specifications requested of him by the subcontractors and shall maintain a record to promote timely response. The Construction Manager shall advise the Owner and Architect- Engineer when timely response is not occurring on any of the above. The Construction Manager shall collect, review, and submit to the Owner, all project closeout documentation including operation, maintenance, and training manuals. ARTICLE 4: MAXIMUM PROJECT COST AND FEES FOR SERVICES 4.1 Guaranteed Maximum Price for Construction a) When the Construction Documents are sufficiently complete to establish the scope of work for the project or any portion thereof, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price to the Owner, for the construction cost of the project or designated part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in article 4.1(e) below. Actual price paid for the work by the Owner, however, shall be the actual cost of all work subcontracts, supply contracts, direct labor costs, direct supervision costs and direct job costs, plus the Construction Manager’s fees or 8 the GMP, whichever is less when the work is complete. Invoicing shall occur monthly for completed work with 5% retainage withheld until final completion and acceptance of all work covered in the contract documents in accordance with the City’s General Conditions. GMP Proposals will be incorporated by reference and attached hereto as exhibits. b) At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for activities and work which were adopted and used to determine the Construction Manager’s cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Construction Manager will be required to furnish documentation evidencing expenditures charged to the contingency prior to the release of funds by the Owner. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. c) If bids are received above the applicable line item in the GMP, the deficiency will be taken from the contingency; however, such occurrence shall not be cause to increase the GMP. d) If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Construction Manager reserves the right to perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. e) The increase or decrease in the Guaranteed Maximum Price resulting from a change in the project shall be determined in one or more of the following ways: i. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect-Engineer and Owner; ii. By unit prices stated in the agreement or subsequently agreed upon; iii. If none of the methods is agreed upon, the Construction Manager, provided it has received a signed written order by the Owner, shall promptly proceed with the work involved. The cost of such work shall then be determined on the basis of the reasonable expenditures and savings of those performing the work attributed to the change. In the event a change order is issued under these conditions, however, the Architect-Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the cost of the project. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease; iv. The Architect-Engineer will have authority to order minor changes in the 9 project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be affected by written order. Documentation of changes shall be determined by the Architect-Engineer. Changes shall be approved by the Architect-Engineer. 4.2 Construction Manager’s Fee. In consideration of the performance of the contract, the Owner agrees to pay the Construction Manager as compensation for his services, fees as set forth below: Preconstruction Phase Fee. This fee shall be based on design costs if applicable, constructability review, value engineering and fee determination of Guaranteed Maximum Price. The fee for this phase in the amount of $ TBD shall be paid at the negotiated price upon receipt of the Guaranteed Maximum Price. Preconstruction Service Proposals will be incorporated by reference and attached hereto as exhibits. Construction Phase Fee. Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager’s compensation for work or service performed during the Construction Phase shall be a fee of $ TBD. The Construction Phase Fee shall be invoiced and paid in TBD months. Payments will be remitted monthly at the cost of $ TBD each and one final monthly payment of $ TBD. The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization and the final monthly payment shall be paid only when construction of the project is completed and occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the Owner. ARTICLE 5: TERMINATION AND TIME OF THE ESSENCE 5.1 If the Construction Manager is adjudged bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of its insolvency, or if refuses or fails, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials for the Services, or otherwise be guilty of a substantial violation of any provision of this Contract as determined by the certificate of the Architect, the Owner may, without prejudice and reserving any other right or remedy the Owner may have, after giving the Construction Manager seven (7) days’ written notice, terminate this Contract with the Construction Manager and take possession of the premises and all materials, tools, and appliances thereon and finish the project in whatever manner the Owner may deem expedient. The City may also terminate this Contract pursuant to Article 15, Section III of the Contract Specifications. 5.2 It is mutually agreed between the Parties hereby that time is of the essence of this Contract, and in the event that the Substantial Completion Date is not achieved 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 Construction Manager, the sum of $1,000.00 per day for each day that the 10 work to be performed by the Construction Manager 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 Construction Manager to complete the work within the time stipulated, it being further agreed that the sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Construction Manager to complete and perform all work within the time period as specified in this Contract. ARTICLE 6: INDEMNIFICATION 6.1 To the fullest extent permitted by law, Construction Manager agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by the Construction Manager, its contractors, subcontractors, agents, employees, or personnel under this Contract; (ii) any negligent acts, errors, mistakes or omissions by Construction Manager, its contractors, subcontractors, agents, employees, or, personnel; and (iii) Construction Manager, its contractors, subcontractors, agents, employees, or personnel failure to comply with or fulfill the obligations established by this Contract. 6.2 The Construction Manager will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. 6.3 The City assumes no liability for actions of Construction Manager and will not indemnify or hold Construction Manager or any third party harmless for claims based on this Contract or use of Construction Manager provided supplies or services. 6.4 Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City (Owner) may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. 6.5 This article shall survive the termination of this Contract. ARTICLE 7: TITLE TO THE PROJECT 7.1 The title of all work, completed portions of the project and in the course of construction, and of all materials on account of which payment has been made shall be in the Owner. ARTICLE 8: ASSIGNMENT 8.1 This Contract shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, except that this Contract may not be assigned by either party without the prior written consent of the other party. Any assignment made without such prior written consent shall not vest rights in the assignee. 11 ARTICLE 9: ADDITIONAL PROVISIONS 9.1 This Contract shall be governed by and construed in accordance with the laws of the State of Florida, and the venue for any dispute under this Contract shall be an appropriate court of competent jurisdiction in Pinellas County, Florida. 9.2 Any notice required to be given by the terms and provisions of this Contract or by any law or governmental regulation, either by the Owner or Construction Manager, shall be in writing unless otherwise required by such law or regulation and shall be deemed to have been served and given when deposited in either Registered or Certified Mail in United States Branch Post Office, addressed to the party hereto to whom directed, at the address specified in the Specifications. 9.3 The language in this Contract shall be construed according to its customary meaning within the Florida building industry. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 9.4 If any provision of the Contract Documents is invalid or unenforceable as against any person or party, the remainder of the Contract Documents and the applicability of such provision to other persons or parties shall not be affected thereby. 9.5 The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a partnership, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker’s compensation, and any other requirements for all personnel it supplies in connection with this Contract. 9.6 The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Clearwater City Council. 12 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the date and year first above written. (Corporate Seal) FIRM NAME By: ______________________________ Print Name: ____________________ Title: __________________________ WITNESS: By: ______________________________ Print Name: ____________________ Countersigned: CITY OF CLEARWATER ____________________________ ___________________________________ Frank Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk MANDALAY AVE POINSETTIA AVE BAY ESPLANADE ACACIA ST SOMERSET ST BAYMONT ST ASTER ST CYPRUS AVE CAMBRIA ST IDLEWILD ST KENDALL ST ROCKAWAY ST BAY ESPLANADE LOCATION MAP PROJECTLOCATION ^ Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\FireStation #46 at McKay Park.mxd ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale: Temporary Fire Station #46at McKay Park (605 Mandalay Ave)Project Number: 18-0028-FD Page: 1 of 15/13/2021Date:JWReviewed By:CRMMap Gen By: G U L FOF M E X IC O C L E A R W A T E R H A R B O R Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9177 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve a purchase order to Crown Castle, Inc., of Clearwater, FL, for internet service provision for the City’s wide-area network in a not-to-exceed amount of $174,240.00 for a 36-month term ending June 30, 2024 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City’s computer infrastructure utilizes Crown Castle, Inc. (Crown Castle) as one of three internet service providers (ISP) on its wide-area-network (WAN) for support of enterprise operations. This is a 36-month renewal of our existing services from this provider. Recent changes in facility services at the Emergency Operations Center & Data Center, as well as anticipated changes in technology services (Telephone/VoIP), have increased bandwidth requirements in support of City operations. Crown Castle will be providing two separate connections on the City’s network to create redundancy and improve the City’s resiliency of service at these facilities. The secondary connection from Crown Castle to our WAN architecture provides an additional 500Mbps capacity. Both the primary and secondary ISP connection have a monthly recurring charge of $2,200.00 ($79,200 total per ISP connection). An additional 10% ($15,840.00) contingency has been added for ancillary services. APPROPRIATION CODE AND AMOUNT: Funds for this contract are available in the Information Technology budget, cost code 5559862-530300, Contractual Services. Page 1 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9279 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Authorize an agreement with Granicus, LLC of Washington, DC for software subscription maintenance and professional services in an amount not-to-exceed $419,369.54 for a three-year term effective June 1, 2021 through May 31, 2024, pursuant to Code of Ordinances 2.564(1)(b) Sole Source, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City currently uses Granicus’ software solutions for agenda management, meeting management, minutes development, online meeting streaming, public engagement, and transparency applications. This authorization is for annual maintenance of all Granicus software modules. The annual maintenance for Granicus products is $118,586.91 for the period June 1, 2021 through May 31, 2022. Annual maintenance costs in the subsequent years will be $126,887.98 (June 1, 2022 - May 31, 2023), and $135,770.14 (June 1, 2023 - May 31, 2024). An additional 10% contingency in the amount of $38,124.51 is included for professional services for system improvements to include but not limited to support services to modify system scripting related to on-line service functions and online features within the Granicus software suite. Software Subscription Maintenance and Professional Services from June 1, 2021-May 31, 2024 Year 1: $118,586.91 Year 2: $126,887.98 Year 3: $135,770.14 10% Contingency: $38,124.51 Total: $419,369.54 APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Information Technology Admin Services budget for the current support year (June 2021-June 2022). Funds for the additional terms will be included and charged back to user department in the respective Information Technology Admin Services budgets. Page 1 City of Clearwater Printed on 5/28/2021 Denver, CO 800.314.0147 St. Paul, MN 800.314.0147 Washington, DC 800.314.0147 United Kingdom +44.0845.467.2972 Master Subscription Agreement This Master Subscription Agreement (“Agreement) is made and entered into as of the latter date of the signatures below ( the “Effective Date”) by and between Clearwater, FL (“Client”) and Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (“Granicus”). Client and Granicus may each be referred to herein as “Party” or collectively as “Parties”. By accessing the Granicus Products and Services, Client accepts this Agreement. Due to the rapidly changing nature of digital communications, this Agreement may be updated from time to time at Granicus’ sole discretion. Notification to Client will be via email or posting to the Granicus website. 1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified: “Agreement Term” means the total time covered by the Initial Term and all Extension Terms for each Order or SOW under this Agreement, further specified in Section 7.1. “Extension Term” means any term that increases the length of the Initial Term of this Agreement or an Order Term of an Order or SOW. “Granicus Products and Services” means the products and services made available to Client pursuant to this Agreement, which may include Granicus products and services accessible for use by Client on a subscription basis (“Software-as-a-Service” or “SaaS”), Granicus professional services, content from any professional services or other required equipment components or other required hardware, as specified in each Order or SOW. “Initial Term” shall have the meaning specified in Exhibit A or Order or SOW between Granicus and Client for the first duration of performance that Client has access to Granicus Products and Services. “Order” means a written order, proposal, or purchase document in which Granicus agrees to provide and Client agrees to purchase specific Granicus Products and Services. “Order Term” means the then-current duration of performance identified on each Order or SOW, for which Granicus has committed to provide, and Client has committed to pay for, Granicus Products and Services. “Statement of Work” or “SOW” means a written order, proposal, or purchase document that is signed by both Parties and describes the Granicus Products and Services to be provided and/or performed by Granicus. Each Order or SOW shall describe the Parties’ performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order or SOW placed hereunder. “Support” means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order or SOW placed between the Parties. 2. Ordering and Scope 2.1. Ordering Granicus Products and Services. The Parties may execute one or more Order or SOW related to the sale and purchase of Granicus Products and Services. Each Order or SOW will generally include an itemized list of the Granicus Products and Services as well as the Order Term for such Granicus Products and Services. Each Order or SOW must, generally, be signed by the Parties; although, when a validly-issued purchase order by Client accompanies the Order or SOW, then the Order or SOW need not be executed by the Parties. Each Order or SOW shall be governed by this Agreement regardless of any pre-printed legal terms on each Order or SOW, and by this reference is incorporated herein. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 2 2.2. Support. Basic support related to standard Granicus Products and Services is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality purchased by Client is not materially diminished. 2.3. Future Functionality. Client acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features. 2.4. Cooperative Purchasing. To the extent permitted by law and approved by Client, the terms of this Agreement and set forth in one or more Order or SOW may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other duly signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Client and the applicable additional party upon written request. 3. Use of Granicus Products and Services and Proprietary Rights 3.1. Granicus Products and Services. The Granicus Products and Services are purchased by Client as subscriptions during an Order Term specified in each Order or SOW. Additional Granicus Products and Services may be added during an Order Term as described in Section 2.1. 3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Client hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order or SOW (collectively the “Permitted Use”). 3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Client sources (interactions with end users and opt-in contact lists). Client cannot upload purchased contact information into Granicus Products and Services without Granicus’ written permission and professional services support for list cleansing. Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the Services outlined within this Agreement. 3.2.2. Passwords. Passwords are not transferable to any third party. Client is responsible for keeping all passwords secure and all use of the Granicus Products and Services accessed through Client’s passwords. 3.2.3. Content. Client can only use Granicus Products and Services to share content that is created by and owned by Client and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Client, can be removed or limited by Granicus. 3.2.3.1. Disclaimers. Any text, data, graphics, or any other material displayed or published on Client’s website must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. 3.2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Client or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement between Client and a third party that compensates Client for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 3 3.2.5. Granicus Subscriber Information for Communications Cloud Suite only 3.2.5.1. Data Provided by Client. Data provided by Client and contact information gathered through Client’s own web properties or activities will remain the property of Client (“Direct Subscriber”), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of Client, unless required by law. 3.2.5.2. Granicus shall not disclose the client’s data except to any third parties as necessary to operate the Granicus Products and Services (provided that the client hereby grants to Granicus a perpetual, noncancelable, worldwide, non- exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products and Services by the client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and Services and any other legitimate business purpose including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). 3.2.5.3. Data Obtained through the Granicus Advanced Network 3.2.5.3.1. Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client’s digital communication (the “Advanced Network”). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a “Network Subscriber” to the agency it subscribed to through the Advanced Network. 3.2.5.3.2. Access to the Advanced Network is a benefit of the GovDelivery Communications Cloud subscription with Granicus. Network Subscribers are available for use only on the GovDelivery Communications Cloud while Client is under an active GovDelivery Communications Cloud subscription. Network Subscribers will not transfer to Client upon termination of any Granicus Order, SOW or Exhibit. Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW or Exhibit placed under this Agreement. All information related to Network Subscribers must be destroyed by Client within 15 calendar days of the Order, SOW or Exhibit placed under this Agreement terminating. 3.2.5.3.3. Opt-In. During the last 10 calendar days of Client’s Order Term for the terminating Order, SOW or Exhibit placed under this Agreement, Client may send an opt-in email to Network Subscribers that shall include an explanation of Client’s relationship with Granicus terminating and that the Network Subscribers may visit Client’s website to subscribe to further updates from Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to Client upon termination. 3.3. Restrictions. Client shall not: 3.3.1. Misuse any Granicus resources or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 4 3.3.2. Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other Granicus Clients; 3.3.3. Client must not use the Granicus Products and Services in a manner in which system or network resources are unreasonably denied to other Granicus clients; 3.3.4. Client must not use the Services as a door or signpost to another server. 3.3.5. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order or SOW placed hereunder; 3.3.6. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services; 3.3.7. Use the Granicus Products and Services for any unlawful purposes; 3.3.8. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations; 3.3.9. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or 3.3.10. Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part. 3.4. Client Feedback. Client assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Client relating to the use of the Granicus Products and Services. Granicus may use such submissions as it deems appropriate in its sole discretion. 3.5. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Client. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. 4. Payment 4.1. Fees. Client agrees to pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront according to the billing frequency specified in each Order or SOW. Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order or SOW will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Client’s responsibility to provide applicable exemption certificate(s). 4.2. Disputed Invoiced Amounts. Client shall provide Granicus with detailed written notice of any amount(s) Client reasonably disputes within thirty (30) days of the date of invoice for said amount(s) at issue. Granicus will not exercise its rights under 4.1 above if Client has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Client’s failure to provide Granicus with notice of any disputed invoiced amount(s) shall be deemed to be Client’s acceptance of the content of such invoice. 4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Client at least thirty (30) days prior to the end of the Order Term. Upon each yearly anniversary during the term of this Agreement (including the Initial Term, all Extended Terms, and all Order Terms), the Granicus Product and Services fees shall increase from the previous term’s fees by up to ten (10) percent per year. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 5 5. Representations, Warranties and Disclaimers 5.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. 5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided “AS IS” and as available. 5.3. Disclaimers. EXCEPT AS PROVIDED IN SECTION 5.2 ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT GRANICUS PRODUCTS AND SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 6. Confidential Information 6.1. Confidential Information. It is expected that one Party (Disclosing Party) may disclose to the other Party (Receiving Party) certain information which may be considered confidential and/or trade secret information (“Confidential Information”). Confidential Information shall include: (i) Granicus’ Products and Services, (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the Receiving Party, given the nature of the information and the context in which disclosed. Subject to applicable law, each Receiving Party agrees to receive and hold any Confidential Information in strict confidence. Without limiting the scope of the foregoing, each Receiving Party also agrees: (a) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (b) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not to use any Confidential Information for any purpose other than as stated above; (d) to restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (e) to exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information. If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance. 6.2. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was in the Receiving Party’s possession before receipt from the Disclosing Party; (iii) is rightfully received by the Receiving party from a third party without any duty of confidentiality; (iv) is disclosed by the Disclosing Party without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information; or (vi) is disclosed with the prior written approval of the Disclosing Party. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 6 6.3. Storage and Sending. In the event that Granicus Products and Services will be used to store and/or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Client provide such notice, Client must ensure that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Client. 6.4. Return of Confidential Information. Each Receiving Party shall return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement. Customer understands and agrees that it may not always be possible to completely remove or delete all personal data from Granicus’ databases without some residual data because of backups and for other reasons. 7. Term and Termination 7.1. Agreement Term. The Agreement Term shall begin on the date of the initial Order or SOW and continue through the latest date of the Order Term of each Order or SOW under this Agreement, unless otherwise terminated as provided in this Section 7. Each Order or SOW will specify an Order Term for the Granicus Products and Services provided under the respective Order or SOW. Client’s right to access or use the Granicus Products and Services will cease at the end of the Order Term identified within each Order or SOW, unless either extended or earlier terminated as provided in this Section 7. Unless a Party has given written notice to the other Party at least ninety (90) days prior to the end of the then-current Order Term, the Granicus Products and Services will automatically renew at the end of each term for an Extension Term of one (1) year. 7.2. Effect of Termination. If the Parties agree to terminate this Agreement and an Order or SOW is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order or SOW until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders or SOWs shall immediately terminate as of the Agreement termination date. Unless otherwise stated in this Agreement, in no event shall Client be entitled to a refund of any prepaid fees upon termination. 7.3. Termination for Cause. The non-breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage of any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. Granicus may, without liability, immediately suspend or terminate any or all Order or SOW issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4.1. 7.4. Rights and Obligations After Termination. In the event of expiration or termination of this Agreement, Client shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination. 7.5. Survival. All rights granted hereunder shall terminate upon the latter of the termination or expiration date of this Agreement, or each Order or SOW. The provisions of this Agreement with respect to warranties, liability, choice of law and jurisdiction, and confidentiality shall survive termination of this Agreement and continue in full force and effect. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 7 8.Limitation of Liability 8.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CLIENT DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS’ REASONABLE CONTROL, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES. 8.2. LIMITATION OF LIABILITY. EXCEPT FOR CLIENT’S BREACH OF SECTION 3.3, IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CLIENT FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. GRANICUS SHALL NOT BE RESPONSIBLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE. 9.Indemnification 9.1. Indemnification by Granicus. Granicus will defend Client from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either Party to this Agreement (“Claims”) and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, “Losses,” and including reasonable attorneys’ fees and court costs), to the extent arising out of any Claims by any third party that Granicus Products and Services infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW. In the event of such a Claim, if Granicus determines that an affected Order or SOW is likely, or if the solution is determined in a final, non- appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW, Granicus will, in its discretion: (a)replace the affected Granicus Products and Services; (b) modify the affected Granicus Products and Services to render it non-infringing; or (c) terminate this Agreement or the applicable Order or SOW with respect to the affected solution and refund to Client any prepaid fees for the then-remaining or unexpired portion of the Order or SOW term. Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold Client harmless from any Claim to the extent it is based upon: (i) a modification to any solution by Client (or by anyone under Client’s direction or control or using logins or passwords assigned to Client); (ii) a modification made by Granicus pursuant to Client’s required instructions or specifications or in reliance on materials or information provided by Client; or (iii) Client’s use (or use by anyone under Client’s direction or control or using logins or passwords assigned to Client) of any Granicus Products and Services other than in accordance with this Agreement. This section 9.1 sets forth Client’s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Granicus DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 8 Products and Services or any other materials provided by Granicus violate or infringe upon the rights of any third party. 9.2. Indemnification by Client. Client shall defend, indemnify, and hold Granicus harmless from and against any Claims, and shall pay all Losses, to the extent arising out of or related to (a) Client’s (or that of anyone authorized by Client or using logins or passwords assigned to Client) use or modification of any Granicus Products and Services; (b) any Client content; or (c) Client’s violation of applicable law. This indemnification shall not be construed as a waiver of Client’s sovereign immunity. The value of this indemnification is limited to the lesser of the amount payable by Client under the substantive provisions of this Agreement, or the limitations of §768.28, Florida Statutes. This provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense Client may have under §768.28, Florida Statutes or as consent to be sued by third parties. 9.3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9: (a) the Party seeking indemnification shall promptly notify the indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party’s prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party without the prior written consent of the indemnified Party. 10.General 10.1. Relationship of the Parties. Granicus and Client acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations. 10.2. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties. 10.3. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. 10.4. Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 10.5. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 9 10.6. No Third-Party Beneficiaries. Subject to Section 10.5 this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement. 10.7. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the day of receipt, as shown in the applicable carrier’s systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (d) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. The mailing and email addresses of the Parties are as follows: Granicus Clearwater, FL ATTN: Contracts ATTN: Address: 408 St. Peter Street Suite 600 Saint Paul, MN 55102 Address: Phone: (651)757-4154 Phone: Email: contracts@granicus.com Email: 10.8. Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event. 10.9. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of Florida, without reference to the State’s principles of conflicts of law. The Parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Pinellas County, Florida. 10.10. Entire Agreement. This Agreement, together with all Orders or SOWs referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Client agree that any and all Orders or SOWs are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the terms of this Agreement; (2) Orders; (3) all other SOWs or other purchase documents; (4) Granicus response to Client’s request for RFI, RFP, RFQ; and (5) Client’s RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. Upon request, Granicus shall reference a purchase order number on its invoices, provided, DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C 10 however, that Client acknowledges that it is Client’s responsibility to provide the corresponding purchase order information (including a purchase order number) to Granicus upon the creation of such a purchase order. Client agrees that a failure to provide Granicus with the corresponding purchase order shall not relieve Client of its obligations to provide payment to Granicus pursuant to Section 4.1 above. 10.11. Reference. Notwithstanding any other terms to the contrary contained herein, Client grants Granicus the right to use Client’s name and logo in Client lists and marketing materials. 10.12. Injunctive Relief. Granicus is entitled to obtain injunctive relief if Client’s use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement. 10.13. Public Records. Granicus will be required to comply with Section 119.0701, Florida Statutes, as may be amended from time to time. IF GRANICUS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO GRANICUS’ DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. 10.14. E-Verify. Granicus and its Subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Granicus will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. Subcontractor must provide Granicus with an affidavit stating that Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Granicus shall maintain a copy of such affidavit. Client may terminate this Agreement on the good faith belief that Granicus or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), Granicus may not be awarded a public contract for at least 1 year after the date of which this Agreement was terminated. Granicus is liable for any additional costs incurred by Client as a result of the termination of this Agreement. See Section 448.095, Florida Statutes (2020). IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly- authorized representatives on the Effective Date as set forth above. Granicus Clearwater, FL By: By: (Authorized Signature) (Authorized Signature) Name: Name: (Print or Type Name of Signatory) (Print or Type Name of Signatory) Title: Title: Date: Date: (Execution Date) (Execution Date) Attachment(s): Exhibit A (Proposal) DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Jessica Yang Manager of Business and Contracts 5/4/2021 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for United States Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 1 of 9 ORDER DETAILS Prepared By: Phone: Email: Order #: Prepared On: Expires On: Exhibit A: Granicus Proposal for Clearwater, FL Bernadette Foley (651) 925-5781 bernadette.foley@granicus.com Q-133590 03/04/2021 05/31/2021 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Current Subscription End Date: 05/31/2021 Initial Order Term End Date: 05/31/2024 Period of Performance: 06/01/2021 - 05/31/2022 ORDER TERMS DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Order Form Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 2 of 9 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Renewing Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Granicus Remote Administration Annual 1 Each $1,403.06 Template - Agenda or Minutes - HTML Annual 1 Each $561.23 Granicus Encoding Appliance Software (GT)Annual 1 Each $1,403.06 Legistar Add-On - Laserfiche Integration Annual 1 Each $1,403.06 Meeting Efficiency Suite Annual 1 Each $8,544.65 Citizen Participation Suite Annual 1 Each $7,015.31 Open Platform Suite Annual 1 Each $0.00 Government Transparency Suite Annual 1 Each $8,544.65 Legistar Annual 1 Each $16,836.74 Boards and Commissions Annual 1 Each $10,216.47 Open Platform Suite Annual 1 Each $0.00 Granicus Encoding Appliance Software (GT)Annual 1 Each $1,362.20 Recurring Captioning Services Annual 432 Hours $61,296.48 SUBTOTAL:$118,586.91 DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Order Form Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 3 of 9 FUTURE YEAR PRICING Period of PerformanceSolution(s)06/01/2022 - 05/31/2023 06/01/2023 - 05/31/2024 Granicus Remote Administration $1,501.27 $1,606.36 Template - Agenda or Minutes - HTML $600.52 $642.55 Granicus Encoding Appliance Software (GT)$1,501.27 $1,606.36 Legistar Add-On - Laserfiche Integration $1,501.27 $1,606.36 Meeting Efficiency Suite $9,142.78 $9,782.77 Citizen Participation Suite $7,506.38 $8,031.83 Open Platform Suite $0.00 $0.00 Government Transparency Suite $9,142.78 $9,782.77 Legistar $18,015.31 $19,276.38 Boards and Commissions $10,931.62 $11,696.84 Open Platform Suite $0.00 $0.00 Granicus Encoding Appliance Software (GT)$1,457.55 $1,559.58 Recurring Captioning Services $65,587.23 $70,178.34 SUBTOTAL:$126,887.98 $135,770.14 DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Order Form Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 4 of 9 PRODUCT DESCRIPTIONS Solution Description Template - Agenda or Minutes - HTML Template - Agenda or Minutes - HTML is for a template created using HTML, which a client uses to output minutes data into a webpage that has the look and feel of a document. Granicus Encoding Appliance Software (GT) Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created. Legistar Add-On - Laserfiche Integration Legistar Add-On - Laserfiche Integration is for the Legistar\Laserfiche integration that allows for documents to be imported from Laserfiche to Legistar and for Legistar to export reports\attachments to Laserfiche Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardware- as-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes: ·Unlimited user accounts ·Unlimited meeting bodies ·Unlimited storage of minutes documents ·Access to the LiveManager software application for recording information during meetings ·Access to the Word Add-in software component for minutes formatting in MS Word if desired ·Up to one (1) MS Word minutes template (additional templates can be purchased if needed) DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Order Form Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 5 of 9 Solution Description Citizen Participation Suite The Granicus Citizen Participation suite provides the ability to involve the community throughout the legislative process and produce better outcomes. The Citizen Participation suite also reduces staff time by providing the ability to effortlessly collect, manage, and prioritize citizen input. The software provides a convenient way for citizens to voice their feedback and participate online. Granicus Citizen Participation includes: ·Unlimited user signup ·SpeakUp tool ·eComment tool ·Ability for citizens to sign up and participate in online projects, discussions, forums, ideas, surveys, and meetings ·Spam protection through CAPTCHA ·Profanity filters ·Role permissions for administrators ·Idea module ·Discussion module ·Forum module ·Projects module ·Survey module ·Meetings module ·Reporting on a module by module basis ·Ability to request, speak, or comment on agenda items Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Government Transparency Suite Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, and indexing of events. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Order Form Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 6 of 9 Solution Description Legistar Legistar is a Software-as-a-Service (SaaS) solution that enables government organizations to automate the entire legislative process of the clerk’s office. Clerks can leverage Legistar to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes: ·Unlimited user accounts ·Unlimited meeting bodies and meeting types ·Unlimited data storage and retention ·Up to one (1) Legistar database ·Up to one (1) InSite web portal Boards and Commissions Boards and Commissions is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the citizen application and appointment to boards process of the clerk’s office. Boards and Commissions includes: ·Unlimited user accounts ·Unlimited boards, commissions, committees, and subcommittees ·Unlimited storage of citizen applications ·Access to up to one (1) Boards and Commissions site ·Access to customizable, embeddable iFrame websites for displaying information to citizens ·Access to a customizable online citizen application form including board-specific questions ·Customizable forms for board details, appointment details, and internal tracking details ·Pre-designed document PDFs for applications, board details and rosters, and vacancy reports ·Downloadable spreadsheets for easy reporting Optional custom templates for document or report generation may also be purchased for an additional fee. Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Granicus Encoding Appliance Software (GT) Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Order Form Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 7 of 9 Solution Description Recurring Captioning Services Live closed captioning. • All Meetings will incur one hour minimum. • Cancellations within 24 hrs. will be charged 1 hour minimum. • Caption reservations should be reserved two weeks in advance. Jobs with little notice may not be guaranteed coverage, 24 hours as an absolute minimum. • Real Time Captions are provided at an 98% accuracy readability rating • Recurring Caption hours not used in the period of performance will not carry over to the following year. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Order Form Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 8 of 9 TERMS & CONDITIONS ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Clearwater, FL to provide applicable exemption certificate(s). ·Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. ·Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Order Form Clearwater, FL Order #: Q-133590 Prepared: 03/04/2021 Page 9 of 9 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Phone:PO Number: If PO required Billing Email: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-133590 dated 03/04/2021 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. DocuSign Envelope ID: 76B5960B-1449-4A5C-B04E-CB98CDD3F60C Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9237 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Authorize purchase order(s) with Selectron Technologies, Inc. (Selectron) of Portland, OR for software subscription maintenance and professional services for a five-year term and for Atlas Insight for a three-year term effective June 1, 2021 in an amount not-to-exceed $313,542.50 pursuant to Code of Ordinances 2.564 (1)(b) Sole Source and authorize the appropriate officials to execute same. (consent) SUMMARY: The City currently uses Selectron software solutions for Interactive Voice Response (IVR) and outbound auto-dialing functions for the City’s Land Management, Permitting, Building Inspection and Code Enforcement system (Accela). This authorization is for annual maintenance of all existing Selectron software modules in addition to new functional modules for interactive text and scheduling. An additional 15% contingency was included for professional services and system improvements over the five-year term. As part of the new feature upgrade and to enhance the resiliency of system performance, all Selectron services will be moved to a cloud-first architecture and utilizes as an online service. The annual maintenance for Selectron products will be $42,190.00 in the first year and increase at 1.5% per year for the five-year term, for a total maintenance cost of $216,950.00. Additionally, there are $15,000.00 in setup fees for the text and scheduling modules in the first year. Software Subscription Maintenance and Professional Services: Year 1: $57,190 Year 2: $42,760 Year 3: $43,360 Year 4: $43,990 Year 5: $44,650 Subtotal: $231,950 15% Contingency: $34,792.50 Total: $266,742.50 Atlas Insight: Year 1: $15,600 Year 2: $15,600 Year 3: $15,600 Total: $46,800.00 Page 1 City of Clearwater Printed on 5/28/2021 File Number: ID#21-9237 APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Information Technology Admin Services CIP budget (Project #94857) for the current support year (June 2021 - May 2022). Funds for the additional terms will be included in the respective Information Technology Admin Services internal service budget. Page 2 City of Clearwater Printed on 5/28/2021 Clearwater, FL EE5812E MANAGED SERVICES QUOTE 2/3/2021 Quote is Valid for 90 Days TOTAL SYSTEM SETUP COSTS - Managed IVR SelecTXT SETUP FEE $7,500 ANNUAL MANAGED SERVICE FEE - IVR *$11,440 Relay Outbound Setup Fee $7,500 Relay Outbound Annual Platform Fee $5,000 Relay Outbound Annual Message Bundle - 60K $8,750 ANNUAL SelecTXT Platform FEE**$8,000 ANNUAL CALL FEES Annual Calls Included Cost Per Call Over Included *Fee paid through 11/30/2021 Pricing above assumes a 3 or 5 year contract (for 5 year agreement IVR Managed Service fee will remain $11,440 for all 5 years) Yearly Investment Rollup Year 1 Year 2 Year 3 Year 4 Year 5 System Setup Cost - Managed IVR Waived ---- SelecTXT Setup Fee $7,500 Relay Outbound Setup Fee $7,500 Managed Service Fee - IVR $11,440 $12,010 $12,610 $13,240 $13,900 Annual SelecTXT Platform Fee**$8,000 $8,000 $8,000 $8,000 $8,000 Relay Outbound Annual Platform Fee $5,000 $5,000 $5,000 $5,000 $5,000 Relay Outbound Annual Message Bundle - 60K $8,750 $8,750 $8,750 $8,750 $8,750 Annual Call Fees $9,000 $9,000 $9,000 $9,000 $9,000 YEARLY TOTAL $57,190 $42,760 $43,360 $43,990 $44,650 Total Investment $57,190 $99,950 $143,310 $187,300 $231,950 ** Includes 40,000 Annual Text Messages Waived $9,000 20,000 $0.55 Managed Services Proprietary Confidential to Selectron Technologies: Do Not Distribute Page 1 of 4 MANAGED SERVICES APPLICATION SCOPE & ASSUMPTIONS •Channels: o Managed IVR,SelecTXT, Relay Outbound •Functionality: IVR •4 Ports •Inspection Results •Permit Based Messaging •Schedule and Cancel Inspections •Post Inspection Results •Speak Site Address IVR service requires a local-to-customer phone number. Selectron can either use an existing number provided by customer, or obtain and provide a number if needed. IVR Services are provided by the Call. A Call is defined as a successful completed connection. A Call can be up to 4 minutes in length, with each additional 4 minute period counted as an additional Call. Actions such as transfer that result in multiple connected circuits are counted on the per circuit basis and are measured for the duration of the connection including the time after a transfer occurs. SelecTXT •Allows contractors/users to manage their inspection requests/results from a mobile device •Schedule, Reschedule and Cancel inspection dates via an interactive text message conversation •View inspection results •Provides both simple step-by-step menu-driven and “power user” entries •Scheduling, rescheduling and cancelling inspections requires a text message “conversation” back and forth between the application and the mobile user, where the application requests specific permit-related information and the mobile user provides responses.A conversation consists of multiple text messages for each inspection request process. •Text messages are purchased in annual message bundles. SMS Inspection Scheduling bundles will be priced separately from other types of text messages, including Outbound SMS bundles. Messages, as defined by the agreement, which are not used will rollover to the next qualifying renewal. The rollover messages from one period may only be used to offset overages in the next immediate period. If there are no overages from one period, the rollover messages from the prior period expire. A qualifying renewal is one that is equal to or greater than the previous period. If customer chooses to reduce their annual plan renewal, rollover messages do not apply. Relay Outbound •English Notifications for Dynamic Notifications •Static Notification: General Information/ non-account specific messages that are configured and recorded by the Customer. •Dynamic Notifications: Account-specific message created by Selectron that utilizes account specific information that is accessed through a real-time interface OR a flat file provided by City of Clearwater, FL. Dynamic Notifications to be created for City of Clearwater, FL include: •Automatic Results Notification •Automatic Assigned Inspector Option with Time Arrival -requires Atlas Insight •Flat file information, consisting of call lists and account information, can be uploaded directly on the Managed Services Proprietary Confidential to Selectron Technologies: Do Not Distribute Page 2 of 4 •Flat file information, consisting of call lists and account information, can be uploaded directly on the Relay Outbound website or automatically placed and uploaded via an FTP site. •Relay Outbound has a web-based interface to configure and send messages as campaigns. Campaigns are initiated by the Customer; however some Target Notifications are automated based on system data. •A transfer is treated as an additional message in terms of the total bundle of messages purchased by the Customer, and are charged on a per-call basis. A “call” is defined as any valid telephone connection (does not include telephony errors and no answers). A single call is up to 4 minutes in length; each subsequent period up to 4 minutes is considered an additional call. •Outbound messages are purchased in annual message bundles. Messages, as defined by the agreement, that are not used rollover to the next qualifying renewal.The rollover messages from one period may only be used to offset overages in the next immediate period.If there are no overages from one period, the rollover messages from the prior period expire. A qualifying renewal is one that is equal to or greater than the previous period.If customer chooses to reduce their annual plan renewal, rollover messages do not apply. •Application Database Integration: Accela Civic Platform o Integration to Accela requires appropriate ports enabled within the Clearwater network and VPN connectivity, as determined is necessary during the system implementation •Number of IVR Ports: 4 •Telephone Number: IVR service reqiuires a local-to-customer phone number. Selectron can either use an existing number provided by customer, or obtain and provide a number if needed. •Call Definition:IVR Services are provided by the Call. A Call is defined as a successful completed connection. A Call can be up to 4 minutes in length, with each additional 4 minute period counted as an additional Call. Actions such as transfer that result in multiple connected circuits are counted on the per circuit basis and are measured for the duration of the connection including the time after a transfer occurs. Required Items Not Included with Relay •Host interface components must be installed and functioning prior to development •Relay does not include merchant account provider costs or associated fees, payment gateway costs or fees Managed Services Proprietary Confidential to Selectron Technologies: Do Not Distribute Page 3 of 4 SELECTRON MANAGED SERVICES PRICING & PAYMENT INFORMATION Pricing does not include additional application integration charges that may be required as part of this solution. This includes Application Vendor API, user, or implementation fees, additional licensing fees, or other surcharges directly or indirectly charged by or remitted to the Application Vendor. SETUP FEE PAYMENT SCHEDULE 45%Invoiced at time of execution of contracts 55%Invoiced at delivery of project for UAT ANNUAL MANAGED SERVICE FEE, PLATFORM FEE, MESSAGE BUNDLES & CALL FEES PAYMENT SCHEDULE 100%Invoiced 45 days prior to delivery of project for UAT & beginning of next service year * Per call overage fees are charged monthly after included call limit has been reached TAXES Sales Tax or any other applicable taxes are NOT included in any of this proposal's pricing information. If taxes become applicable, these taxes will then need to be added to the proposed pricing. PAYMENT TERMS Terms are net 30 from date of invoice. Past due invoices are subject to a 1.5% per month late fee. All presented pricing is in US Dollars. VENDOR INFORMATION Selectron Technologies, Inc. 12323 SW 66th Avenue Portland, OR 97223 Ph: 503.443.1400 Fax: 503.443.2052 Managed Services Proprietary Confidential to Selectron Technologies: Do Not Distribute Page 4 of 4 Quote EE5811 February 3, 2021 Quote is valid for 90 days Page 1 of 2 CUSTOMER: Clearwater, FL Setup Fees Price Total Atlas Insight Setup Fees Base Atlas Insight Setup and Integration (Includes layers (2)) $10,000 $10,000 Atlas Insight Inspection Time Entry $1,000 Setup Subtotal $11,000 Atlas Insight setup discount ($11,000) Adjusted Total* $0 Annual Subscription Fees Annual Fee Atlas Insight Annual Subscription Fee $12,500 Includes Atlas Insight, 10 User Licenses, Dashboard, Assignment Manager, Location Services, GIS integration, and Review Center. Atlas Insight Inspection Time Entry (10) $600 Annual Hosting Fee $2,500 Annual Subscription Fee Total* $15,600 *all pricing is based on a 36-month term, pre-paid annually Required Items Not Included • Third-Party Integration APIs – Accela’s Construct API Optional Items Optional Setup Fees (one-time) Atlas Locations Setup Fee $3,000 Optional Subscription Fees (Annual) Atlas Locations Subscription Fee (includes 10 user licenses) $3,000 Quote EE5811 February 3, 2021 Quote is valid for 90 days Page 2 of 2 Pricing Summary (optional items not included) Year 1 $15,600 Setup $0 Annual Subscription Fee $15,600 Year 2 $15,600 Annual Subscription Fee $15,600 Year 3 $15,600 Annual Subscription Fee $15,600 ELECTRON PRODUCT AND SERVICE PRICING & PAYMENT INFORMATION Pricing does not include additional application integration charges that may be required as part of this solution. This includes Application Vendor API, user, or implementation fees, additional licensing fees, or other surcharges directly or indirectly charged by or remitted to the Application Vendor. Setup Fee Payment Schedule 100% Invoiced upon execution of contracts Annual Subscription Fee Schedule 100% Invoiced 45 days prior to start of subscription period Taxes Sales Tax or any other applicable taxes are NOT included in any of this proposal's pricing information. Payment Terms Terms are net 30 from date of invoice. Past due invoices are subject to a 1.5% per month late fee. All presented pricing is in US Dollars. VENDOR INFORMATION Selectron Technologies, Inc. 12323 SW 66th Ave. Portland, OR 97223 Ph: 503.443.1400 Fax: 503.443.2052 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9214 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Reappoint Thomas Hinson, Jr. and Julie Phillips to the Brownfields Advisory Board with terms to expire June 30, 2025. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Joseph DeCicco MEETING DATE: As Called PLACE: Determined when called STAFF LIAISON: Philip Kirkpatrick APPTS. NEEDED: 2 SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING BROWNFIELDS ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REAPPOINTMENT: 1. Thomas Hinson, Jr. - 1426 Fairmont St., 33755 - Owner, Smiths Services and Grocery Original Appointment: 6/14/17 (was serving 1st term to expire 6/30/21) Interested in Reappointment: YES (Business owner or rep) Page 1 City of Clearwater Printed on 5/28/2021 File Number: ID#21-9214 2. Julie Phillips - 100 Bluff View Dr., Belleair Bluffs, FL 33770 - Code Inspections Specialist/Code Compliance Div. Original Appointment: 9/6/18 (was filling an unexpired term until 6/30/21) Interested in Reappointment: YES (Agency or gov rep) Zip codes of current members: 4 at 33755 2 at 33756 1 at 33770 1 at 33773 1 at 34209 Current Categories: 3 Agency or Government rep. 3 Business Owner or rep. 3 Residents Page 2 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9218 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Reappoint Rosemarie Kibitlewski to the Library Board with a term to expire June 30, 2025. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Library Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Library Director RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Donna Dennis MEETING DATES: Quarterly PLACE: Main Library APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: 1. Rosemarie Kibitlewski - 1506 West Virginia Lane, 33759 Original Appointment: 11/06/14 (0 absences in the past year) (currently serving 1st term until 6/30/21) Interested in Reappointment: YES (Currently we do not have any other applications on file) Zip codes of current members on board: 2 at 33755 1 at 33756 1 at 33759 Page 1 City of Clearwater Printed on 5/28/2021 File Number: ID#21-9218 1 at 33763 1 at 33765 1 at 33767 Page 2 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9219 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Appoint one member to the Parks and Recreation Board with a term to expire May 31, 2025. SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Chairperson: Bruce Rector MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library - 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRED AND NOW REQUIRES REAPPOINTMENT OR REPLACEMENT BY A NEW APPOINTEE: 1. Mark Antonio Rodriguez - 2545 NE Coachman Rd., #92, 33765 - Field Engineer Original Appointment: 6/1/17 (was serving 1st term to expire 5/31/21) (1 absence in the past year) Interested in Reappointment: Yes THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. John Devoti - 151 Marina Del Rey Ct., 33767 - Retired/Company Owner Zip codes of current members on board: 1 at 33755 1 at 33756 Page 1 City of Clearwater Printed on 5/28/2021 File Number: ID#21-9219 2 at 33761 2 at 33765 1 at 33767 Page 2 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9220 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Appoint one member to the Community Development Board as the alternate member to fill the remainder of an unexpired term until April 30, 2022. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Mary Lau MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Main Library APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE TO SERVE AS THE ALTERNATE MEMBER: 1. Nils Kushta - 2387 Hazelwood Ln., 33763 - V.P. Unicco Construction Group, Inc. Original Appointment: 11/5/20 (was filling an unexpired term until 4/30/22) Resigned: 5/10/21 (Alternate Member) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Muhammad Abdur-Rahim - 1028 N. Madison Ave., 33755 - Retired/Public Service City of Page 1 City of Clearwater Printed on 5/28/2021 File Number: ID#21-9220 Clearwater 2. Chelsea Allison - 309 Lebeau St., 33755 - Sales/Seer Analytics LLC 3. Nicholas T. West - 111 N. Nimbus Ave., 33765 - Political Analyst Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33761, 2 at 33764 and 2 at 33767 Current Categories: 1 Architect 2 Attorneys 1 Civil Engineer 1 Construction and Real Estate 1 Professional Engineer 1 Real Estate Broker Page 2 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9448-21 2nd rdg Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9448-21 on second reading, annexing certain real property whose post office address is 1770 St. Croix Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Ordinance No. 9448-21 ORDINANCE NO. 9448-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF ST CROIX DRIVE, APPROXIMATELY 985 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1770 ST CROIX DRIVE, 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 A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 14, Block A, VIRGINIA GROVE TERRACE FIFTH ADDITION, according to the Plat thereof recorded in Plat Book 51, Pages 43 through 44, Public Records of Pinellas County, Florida. (ANX2021-02003) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the 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. 9448-21 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 943202 2 3 3 1 A A B C 123 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 25 26 27 28 29 30 31 32 33 131415 1340.38 ST. CROIX DR EL TRINDAD DR EST. ANTHONY DR N TERRACE DR 1764 1771 1748 1736 1753 1751 1772 1747 1771 1737 1745 1732 1795 1740 1733 1759 1728 1741 1731 1756 1739 1777 1764 1727 1729 1783 1751 1765 1725 282417882797 28501755278017722793 28441760 1746 1765 1777 1730 2843284227761734 1760 1756 17522840 1748 1754 1758 1 7 3 02832 1768 1748 2 8 0 62812277327851738 1759 1751 1755 1729 17522770 1 7 34 1761 1 7 3 3 1767 1 7 2 7 172327891782 28361776 17732828 1 744 1768 1740 1770 28231721 1789 1724 1749 1737 1741 1 7 2 6 1735 -Not to Scale--Not a Survey-Rev. 2/24/2021 Proposed Annexation Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 ST. CROIX DR ST. JOHN DR GROVE DR DIANE DR THOMAS DR CR 193 CATHERINE DR EL TRINDAD DR ESUE DR SARAH DR N TERRACE DR LORI DR SKYLAND DR ST. ANTHONY DR MORNINGSIDE DR DIANE TER W O O D R IN G D R PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/24/2021 Location Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EST. ANTHONY DR ST. ANTHONY DR N TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 2/24/2021 Aerial Photograph Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) 943202 2 3 3 1 A A B C 123 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 25 26 27 28 29 30 31 32 33 131415 1340.38 ST. CROIX DR EL TRINDAD DR EST. ANTHONY DR N TERRACE DR 1764 1771 1748 1736 1753 1751 1772 1747 1771 1737 1745 1732 1795 1740 1733 1759 1728 1741 1731 1756 1739 1777 1764 1727 1729 1783 1751 1765 1725 282417882797 28501755278017722793 28441760 1746 1765 1777 1730 2843284227761734 1760 1756 17522840 1748 1754 1758 1 7 3 02832 1768 1748 2 8 0 62812277327851738 1759 1751 1755 1729 17522770 1 7 3 4 1761 1 7 3 3 1767 1 7 2 7 172327891782 28361776 17732828 1 7 4 4 1768 1740 1770 28231721 1789 1724 1749 1737 1741 1 7 2 6 1735 -Not to Scale--Not a Survey-Rev. 2/24/2021 Existing Surrounding Uses Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-02003 Allen G. Breen & Nancy L. Breen 1770 St Croix Drive View looking west at subject property, 1770 St Croix Drive South of subject property North of subject property East of subject property, across St Croix Drive View looking northerly along St Croix Drive View looking southerly along St Croix Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9449-21 2nd rdg Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9449-21 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1770 St. Croix Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Ordinance No. 9449-21 ORDINANCE NO. 9449-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF ST CROIX DRIVE, APPROXIMATELY 985 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1770 ST CROIX DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 14, Block A, VIRGINIA GROVE TERRACE FIFTH ADDITION, according to the Plat thereof recorded in Plat Book 51, Pages 43 through 44, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2021-02003) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9448-21. Ordinance No. 9449-21 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 943202 2 3 3 1 A A B C 123 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 25 26 27 28 29 30 31 32 33 131415 1340.38 I RL RU RURL RU RL RL RU PP RU ST. CROIX DR EL TRINDAD DR EST. ANTHONY DR N TERRACE DR 1764 1771 1748 1736 1753 1751 1772 1747 1771 1737 1745 1732 1795 1740 1733 1759 1728 1731 1756 1739 1777 1764 1727 1729 1783 1765 1725 282417882797 2850278017722793 28441760 1746 1765 2843284227761734 1760 1756 17522840 1748 1754 1758 1 7 3 02832 1768 1748 2 8 06 281227731738 1759 1751 1729 1752 1 7 3 4 1761 1 7 3 3 1767 1 7 2 7 172327891782 28361776 17732828 1 7 4 4 1768 1770 28231721 1741 1789 1751 1724 1755 1749 1777 1730 1737 174127851755 1 7 2 6 173527701740 -Not to Scale--Not a Survey-Rev. 2/24/2021 Proposed Future Land Use Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 ST. CROIX DR ST. JOHN DR GROVE DR DIANE DR THOMAS DR CR 193 CATHERINE DR EL TRINDAD DR ESUE DR SARAH DR N TERRACE DR LORI DR SKYLAND DR ST. ANTHONY DR MORNINGSIDE DR DIANE TER W O O D R IN G D R PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/24/2021 Location Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EST. ANTHONY DR ST. ANTHONY DR N TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 2/24/2021 Aerial Photograph Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) 943202 2 3 3 1 A A B C 123 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 25 26 27 28 29 30 31 32 33 131415 1340.38 ST. CROIX DR EL TRINDAD DR EST. ANTHONY DR N TERRACE DR 1764 1771 1748 1736 1753 1751 1772 1747 1771 1737 1745 1732 1795 1740 1733 1759 1728 1741 1731 1756 1739 1777 1764 1727 1729 1783 1751 1765 1725 282417882797 28501755278017722793 28441760 1746 1765 1777 1730 2843284227761734 1760 1756 17522840 1748 1754 1758 1 7 3 02832 1768 1748 2 8 0 62812277327851738 1759 1751 1755 1729 17522770 1 7 3 4 1761 1 7 3 3 1767 1 7 2 7 172327891782 28361776 17732828 1 7 4 4 1768 1740 1770 28231721 1789 1724 1749 1737 1741 1 7 2 6 1735 -Not to Scale--Not a Survey-Rev. 2/24/2021 Existing Surrounding Uses Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-02003 Allen G. Breen & Nancy L. Breen 1770 St Croix Drive View looking west at subject property, 1770 St Croix Drive South of subject property North of subject property East of subject property, across St Croix Drive View looking northerly along St Croix Drive View looking southerly along St Croix Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9450-21 2nd rdg Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9450-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1770 St. Croix Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Ordinance No. 9450-21 ORDINANCE NO. 9450-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF ST CROIX DRIVE, APPROXIMATELY 985 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1770 ST CROIX DRIVE, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9448-21. Property Zoning District Lot 14, Block A, VIRGINIA GROVE TERRACE FIFTH ADDITION, according to the Plat thereof recorded in Plat Book 51, Pages 43 through 44, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2021-02003) Ordinance No. 9450-21 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 943202 2 3 3 1 A A B C 123 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 25 26 27 28 29 30 31 32 33 131415 1340.38 LMDR ST. CROIX DR EL TRINDAD DR EST. ANTHONY DR N TERRACE DR 1764 1771 1748 1736 1753 1751 1772 1747 1771 1737 1745 1732 1795 1740 1733 1759 1728 1741 1731 1756 1739 1777 1764 1727 1729 1783 1751 1765 1725 282417882797 28501755278017722793 28441760 1746 1765 1730 2843284227761734 1760 1756 17522840 1748 1754 1758 1 7 3 02832 1768 1748 2 8 06 2812277327851738 1751 1755 1729 17522770 1 7 3 4 1761 1 7 3 3 1767 1 7 2 7 172327891782 28361776 17732828 1 7 4 4 1768 1740 1770 28231721 1789 1724 1749 1777 1737 1741 1759 1 7 2 6 1735 -Not to Scale--Not a Survey-Rev. 2/24/2021 Proposed Zoning Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 ST. CROIX DR ST. JOHN DR GROVE DR DIANE DR THOMAS DR CR 193 CATHERINE DR EL TRINDAD DR ESUE DR SARAH DR N TERRACE DR LORI DR SKYLAND DR ST. ANTHONY DR MORNINGSIDE DR DIANE TER W O O D R IN G D R PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/24/2021 Location Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EST. ANTHONY DR ST. ANTHONY DR N TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 2/24/2021 Aerial Photograph Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) 943202 2 3 3 1 A A B C 123 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 7 8 9 10 11 12 13 14 15 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 25 26 27 28 29 30 31 32 33 131415 1340.38 ST. CROIX DR EL TRINDAD DR EST. ANTHONY DR N TERRACE DR 1764 1771 1748 1736 1753 1751 1772 1747 1771 1737 1745 1732 1795 1740 1733 1759 1728 1741 1731 1756 1739 1777 1764 1727 1729 1783 1751 1765 1725 282417882797 28501755278017722793 28441760 1746 1765 1777 1730 2843284227761734 1760 1756 17522840 1748 1754 1758 1 7 3 02832 1768 1748 2 8 0 62812277327851738 1759 1751 1755 1729 17522770 1 7 3 4 1761 1 7 3 3 1767 1 7 2 7 172327891782 28361776 17732828 1 7 4 4 1768 1740 1770 28231721 1789 1724 1749 1737 1741 1 7 2 6 1735 -Not to Scale--Not a Survey-Rev. 2/24/2021 Existing Surrounding Uses Map Owner(s): Allen G. Breen & Nancy L. Breen Case: ANX2021-02003 Site: 1770 St Croix Drive Property Size(Acres): ROW (Acres): 0.152 Land Use Zoning PIN: 05-29-16-94410-001-0140 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2021-02003 Allen G. Breen & Nancy L. Breen 1770 St Croix Drive View looking west at subject property, 1770 St Croix Drive South of subject property North of subject property East of subject property, across St Croix Drive View looking northerly along St Croix Drive View looking southerly along St Croix Drive Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9451-21 2nd rdg Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9451-21 on second reading, annexing certain real property whose post office address is 1881 Montclair Road, Clearwater, Florida 33763, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Ordinance No. 9451-21 ORDINANCE NO. 9451-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND SETON DRIVE, WHOSE POST OFFICE ADDRESS IS 1881 MONTCLAIR ROAD, CLEARWATER, FLORIDA 33763 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 Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal description; (ANX2021-03004) 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. 9451-21 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 ANX2021‐03004, 1881 Montclair Road, 01‐29‐15‐00000‐230‐0200 From the NE corner of the SW ¼ of the NW ¼ of Section 1, Twp. 29 S, Rge. 15 E, run South 0°05’22” E along the 40 acre line 33.00 feet to the S right of way line of County Road 32. Thence run N 89°12’34” W along said right of way line 52.58 feet. Thence run S 86°22’53” W continuing on said right of way line 148.01 feet for a Point of Beginning. Thence run S 0°05’22” E 200.00 feet. Thence run S 86°22’53” W 140.27 feet. Thence run N 0°05’22” W 200.00 feet to the S right of way line of County Road 32. Thence run N 86°22’53” E 140.27 feet to point of beginning. Subject to easement of the Easterly 30 ft. thereof for ingress and egress and for public utilities. Exhibit B PROPOSED ANNEXATION Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 93629 8829983 84 85 86 87 88 89 90 91 44 43 42 41 40 39 38 37 30 31 32 33 34 35 36 100 101 102 103 104 105 106 107 99 98 97 96 95 94 93 92 42 41 40 39 38 1 2 3 4 5 6 87 9 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 192 191 190 189 188 187 186 185 184 183 197 198 199 200 201 202 21 20 19 18 17 16 15 14 51 52 23 24 25 26 27 28 50 49 48 47 46 45 22 4.90 23/03 23/02 23/01 200(S)35 710 755.04 309140.27 200140.27 2008 4 2 .1 2 AC SETON DR MONTCLAIR RD DAWN DR HASTINGS DR LOS LOMAS DR RADCLIFFE DR N OAK BARK CT 1839185118451850182718771845185118391998183818571862185718441868186318561833186918732039 1994 1971 19991856 18141956 194520341966 19771862 2033 1850188018342001 1987 1983 19621844 1951194718382038 18322040 2026 1982 2008 18161970 2016 1984 1955 1967 1973 1966 1954 2033 1960 1972 1961 1990 1978 1979 1985 2053 2045 18682047 2052 2044 1976 119122030 2051 19461 8 9 4 2009 2021 19482038 2027 2043 1993 2046 20422042 190619492049 2046 2015 2052 2050 18902048 2036 2041 2044 2050 2048 18812040 -Not to Scale--Not a Survey-Rev. 3/22/2021 LOCATION MAP Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SETON DR N KEENE RD MONTCLAIR RD SUNSET POINT RD N HERCULES AVE DAWN DR HASTINGS DR RADCLIFFE DR NLOS LOMAS DR MONICA DR FRANCIS DR BARRINGTON DR N BARRINGTON DR WSANTIAGO WAY SLOMA LINDA WAY SMADRID CT NMADRID CT SSETON CT ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 3/22/2021 AERIAL PHOTOGRAPH Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SETON DR SETON DR MONTCLAIR RD MONTCLAIR RD DAWN DR DAWN DR HASTINGS DR HASTINGS DR LOS LOMAS DR LOS LOMAS DR OAK BARK CT OAK BARK CT -Not to Scale--Not a Survey-Rev. 3/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 93629 8829983 84 85 86 87 88 89 90 91 44 43 42 41 40 39 38 37 30 31 32 33 34 35 36 100 101 102 103 104 105 106 107 99 98 97 96 95 94 93 92 42 41 40 39 38 1 2 3 4 5 6 87 9 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 192 191 190 189 188 187 186 185 184 183 197 198 199 200 201 202 21 20 19 18 17 16 15 14 51 52 23 24 25 26 27 28 50 49 48 47 46 45 22 4.90 23/03 23/02 23/01 200(S)35 710 755.04 309140.27 200140.27 2008 4 2 .1 2 AC SETON DR MONTCLAIR RD DAWN DR HASTINGS DR LOS LOMAS DR RADCLIFFE DR N OAK BARK CT 1839185118451850182718771845185118391998183818571862185718441868186318561833186918732039 1994 1971 19991856 18141956 194520341966 19771862 2033 1850188018342001 1987 1983 19621844 1951194718382038 18322040 2026 1982 2008 18161970 2016 1984 1955 1967 1973 1966 1954 2033 1960 1972 1961 1990 1978 1979 1985 2053 2045 18682047 2052 2044 1976 119122030 2051 19461 8 9 4 2009 2021 19482038 2027 2043 1993 2046 20422042 190619492049 2046 2015 2052 2050 18902048 2036 2041 2044 2050 2048 18812040 -Not to Scale--Not a Survey-Rev. 3/22/2021 Park Multi-Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-03004 Richard H. & Dixie D. Ross 1881 Montclair Road View looking south at subject property 1881 Montclair Road West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Montclair Road View looking westerly along Montclair Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9452-21 2nd rdg Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 9452-21 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1881 Montclair Road, Clearwater, Florida 33763, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Ordinance No. 9452-21 ORDINANCE NO. 9452-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND SETON DRIVE, WHOSE POST OFFICE ADDRESS IS 1881 MONTCLAIR ROAD, CLEARWATER, FLORIDA 33763 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) (ANX2021-03004) 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. 9451-21. Ordinance No. 9452-21 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 ANX2021‐03004, 1881 Montclair Road, 01‐29‐15‐00000‐230‐0200 From the NE corner of the SW ¼ of the NW ¼ of Section 1, Twp. 29 S, Rge. 15 E, run South 0°05’22” E along the 40 acre line 33.00 feet to the S right of way line of County Road 32. Thence run N 89°12’34” W along said right of way line 52.58 feet. Thence run S 86°22’53” W continuing on said right of way line 148.01 feet for a Point of Beginning. Thence run S 0°05’22” E 200.00 feet. Thence run S 86°22’53” W 140.27 feet. Thence run N 0°05’22” W 200.00 feet to the S right of way line of County Road 32. Thence run N 86°22’53” E 140.27 feet to point of beginning. Subject to easement of the Easterly 30 ft. thereof for ingress and egress and for public utilities. Exhibit B PROPOSED FUTURE LAND USE MAP Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 93629 8829983 84 85 86 87 88 89 90 91 44 43 42 41 40 39 38 37 30 31 32 33 34 35 36 100 101 102 103 104 105 106 107 99 98 97 96 95 94 93 92 42 41 40 39 38 1 2 3 4 5 6 87 9 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 192 191 190 189 188 187 186 185 184 183 197 198 199 200 201 202 21 20 19 18 17 16 15 14 51 52 23 24 25 26 27 28 50 49 48 47 46 45 22 4.90 23/03 23/02 23/01 200(S)35 710 755.04 309140.27 200140.27 2008 4 2 .1 2 AC RU RU RU RM R/OS RU RU RU RLM RU RLM SETON DR MONTCLAIR RD DAWN DR HASTINGS DR LOS LOMAS DR RADCLIFFE DR N OAK BARK CT 183918511845185018271877184518391998183818571862185718441868186318561833186918732039 1994 1971 19991856 18141956 194519661862 2033 1850188018342001 1987 1983 19621844 1951194718382038 18322040 2026 2008 18161970 2016 1984 1955 1967 1973 19661851 1954 2033 1960 1972 1961 1990 1978 1979 1985 2053 2045 18682047 2052 2044 1976 119122030 2051 19461 8 9 4 2009 20342021 19481977 2038 2027 2043 1993 2046 20422042 190619492049 2046 2015 2052 2050 18901982 2048 2036 2041 2044 2050 2048 18812040 -Not to Scale--Not a Survey-Rev. 4/22/2021 LOCATION MAP Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SETON DR N KEENE RD MONTCLAIR RD SUNSET POINT RD N HERCULES AVE DAWN DR HASTINGS DR RADCLIFFE DR NLOS LOMAS DR MONICA DR FRANCIS DR BARRINGTON DR N BARRINGTON DR WSANTIAGO WAY SLOMA LINDA WAY SMADRID CT NMADRID CT SSETON CT ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 3/22/2021 AERIAL PHOTOGRAPH Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SETON DR SETON DR MONTCLAIR RD MONTCLAIR RD DAWN DR DAWN DR HASTINGS DR HASTINGS DR LOS LOMAS DR LOS LOMAS DR OAK BARK CT OAK BARK CT -Not to Scale--Not a Survey-Rev. 3/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 93629 8829983 84 85 86 87 88 89 90 91 44 43 42 41 40 39 38 37 30 31 32 33 34 35 36 100 101 102 103 104 105 106 107 99 98 97 96 95 94 93 92 42 41 40 39 38 1 2 3 4 5 6 87 9 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 192 191 190 189 188 187 186 185 184 183 197 198 199 200 201 202 21 20 19 18 17 16 15 14 51 52 23 24 25 26 27 28 50 49 48 47 46 45 22 4.90 23/03 23/02 23/01 200(S)35 710 755.04 309140.27 200140.27 2008 4 2 .1 2 AC SETON DR MONTCLAIR RD DAWN DR HASTINGS DR LOS LOMAS DR RADCLIFFE DR N OAK BARK CT 1839185118451850182718771845185118391998183818571862185718441868186318561833186918732039 1994 1971 19991856 18141956 194520341966 19771862 2033 1850188018342001 1987 1983 19621844 1951194718382038 18322040 2026 1982 2008 18161970 2016 1984 1955 1967 1973 1966 1954 2033 1960 1972 1961 1990 1978 1979 1985 2053 2045 18682047 2052 2044 1976 119122030 2051 19461 8 9 4 2009 2021 19482038 2027 2043 1993 2046 20422042 190619492049 2046 2015 2052 2050 18902048 2036 2041 2044 2050 2048 18812040 -Not to Scale--Not a Survey-Rev. 3/22/2021 Park Multi-Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-03004 Richard H. & Dixie D. Ross 1881 Montclair Road View looking south at subject property 1881 Montclair Road West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Montclair Road View looking westerly along Montclair Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9453-21 2nd rdg Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 9453-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1881 Montclair Road, Clearwater, Florida 33763, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Ordinance No. 9453-21 ORDINANCE NO. 9453-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND SETON DRIVE, WHOSE POST OFFICE ADDRESS IS 1881 MONTCLAIR ROAD, CLEARWATER, FLORIDA 33763, 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. 9451-21. Property Zoning District See attached Exhibit A for legal description; Low Medium Density Residential (LMDR) (ANX2021-03004) Ordinance No. 9453-21 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 ANX2021‐03004, 1881 Montclair Road, 01‐29‐15‐00000‐230‐0200 From the NE corner of the SW ¼ of the NW ¼ of Section 1, Twp. 29 S, Rge. 15 E, run South 0°05’22” E along the 40 acre line 33.00 feet to the S right of way line of County Road 32. Thence run N 89°12’34” W along said right of way line 52.58 feet. Thence run S 86°22’53” W continuing on said right of way line 148.01 feet for a Point of Beginning. Thence run S 0°05’22” E 200.00 feet. Thence run S 86°22’53” W 140.27 feet. Thence run N 0°05’22” W 200.00 feet to the S right of way line of County Road 32. Thence run N 86°22’53” E 140.27 feet to point of beginning. Subject to easement of the Easterly 30 ft. thereof for ingress and egress and for public utilities. Exhibit B PROPOSED ZONING MAP Owner(s):Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To:Residential Urban (RU) Low Medium Density Residential (LMDR) 93629 8829983 84 85 86 87 88 89 90 91 44 43 42 41 40 39 38 37 30 31 32 33 34 35 36 100 101 102 103 104 105 106 107 99 98 97 96 95 94 93 92 42 41 40 39 38 1 2 3 4 5 6 87 9 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 192 191 190 189 188 187 186 185 184 183 197 198 199 200 201 202 21 20 19 18 17 16 15 14 51 52 23 24 25 26 27 28 50 49 48 47 46 45 22 4.90 23/03 23/02 23/01 200(S)35 710 755.04 309140.27 200140.27 2008 4 2 .1 2 AC LMDR OS/R MDR MDR SETONDRMONTCLAIR RD DAWN DR HASTINGSDRLOSLOMASDROAKBARKCT183918511845185018271877184518511839 1998183818571862185718441868186318561833186918732039 1994 1971 19991856 18141956 1945203419771862 2033 1850188018342001 1987 19831844 1951194718382038 18322040 2026 1982 2008 1970 2016 1984 1955 1967 1973 1966 1954 2033 1960 1972 1961 1990 1978 1979 1985 2053 2045 18682047 2052 2044 1976 119122030 2051 19461 8 9 4 2009 1966 2021 19482038 2027 2043 1993 2046 20422042 19061962 19492049 2046 2015 2052 2050 18902048 2036 18162041 2044 2050 2048 18812040 -Not to Scale--Not a Survey-Rev. 3/22/2021 LOCATION MAP Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SETON DR N KEENE RD MONTCLAIR RD SUNSET POINT RD N HERCULES AVE DAWN DR HASTINGS DR RADCLIFFE DR NLOS LOMAS DR MONICA DR FRANCIS DR BARRINGTON DR N BARRINGTON DR WSANTIAGO WAY SLOMA LINDA WAY SMADRID CT NMADRID CT SSETON CT ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 3/22/2021 AERIAL PHOTOGRAPH Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) SETON DR SETON DR MONTCLAIR RD MONTCLAIR RD DAWN DR DAWN DR HASTINGS DR HASTINGS DR LOS LOMAS DR LOS LOMAS DR OAK BARK CT OAK BARK CT -Not to Scale--Not a Survey-Rev. 3/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Richard H. Ross Dixie D. Ross Case: ANX2021-03004 Site: 1881 Montclair Road Property Size(Acres): ROW (Acres): 0.642 Land Use Zoning PIN: 01-29-15-00000-230-0200 From : Residential Urban (RU) R-A Residential Agricultural Atlas Page: 253A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 93629 8829983 84 85 86 87 88 89 90 91 44 43 42 41 40 39 38 37 30 31 32 33 34 35 36 100 101 102 103 104 105 106 107 99 98 97 96 95 94 93 92 42 41 40 39 38 1 2 3 4 5 6 87 9 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 192 191 190 189 188 187 186 185 184 183 197 198 199 200 201 202 21 20 19 18 17 16 15 14 51 52 23 24 25 26 27 28 50 49 48 47 46 45 22 4.90 23/03 23/02 23/01 200(S)35 710 755.04 309140.27 200140.27 2008 4 2 .1 2 AC SETON DR MONTCLAIR RD DAWN DR HASTINGS DR LOS LOMAS DR RADCLIFFE DR N OAK BARK CT 1839185118451850182718771845185118391998183818571862185718441868186318561833186918732039 1994 1971 19991856 18141956 194520341966 19771862 2033 1850188018342001 1987 1983 19621844 1951194718382038 18322040 2026 1982 2008 18161970 2016 1984 1955 1967 1973 1966 1954 2033 1960 1972 1961 1990 1978 1979 1985 2053 2045 18682047 2052 2044 1976 119122030 2051 19461 8 9 4 2009 2021 19482038 2027 2043 1993 2046 20422042 190619492049 2046 2015 2052 2050 18902048 2036 2041 2044 2050 2048 18812040 -Not to Scale--Not a Survey-Rev. 3/22/2021 Park Multi-Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-03004 Richard H. & Dixie D. Ross 1881 Montclair Road View looking south at subject property 1881 Montclair Road West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Montclair Road View looking westerly along Montclair Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9149 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: PSTA/Forward Pinellas Update - Councilmember Allbritton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9293 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: Hire Owners Representative for Imagine Clearwater Project - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9296 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.3 SUBJECT/RECOMMENDATION: TDC Funding Request for Imagine Clearwater- Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-8956 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.4 SUBJECT/RECOMMENDATION: Picnic tables in city parks - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9227 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 13.5 SUBJECT/RECOMMENDATION: Election Voting Methods (seek public input) SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9024 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.1 SUBJECT/RECOMMENDATION: Garden Week Proclamation - Howard Warshauer and Anne Fogarty-France, Clearwater Garden Club SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9281 Agenda Date: 6/1/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 17.2 SUBJECT/RECOMMENDATION: LGBT Pride Month Proclamation - Jennifer Poirrier, Director of Human Resources SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/28/2021